The Philippine Legal Framework Behind Every Filipino's Right To A Balanced and Healthful Ecology

The Philippine Legal Framework Behind Every Filipino's Right to A Balanced and
Healthful Ecology
Pontillo, G., Busque, J.T. IV, Directo, R.F., and Jimenez, E.

4 July 2020
ABSTRACT
This paper presents the various Philippine laws, prepared for the purpose of caring for
the environment and for the control of pollution. Specifically, the various laws being
presented are the Republic Act No. 9003, Pollution Adjudication Board Resolution No.
001-10, Republic Act No. 3931, Presidential Decree No. 984, Presidential Decree No.
1586, DENR Administrative Order No. 2003-30, Executive Order No. 192 s. 1987, and
Presidential Decree No. 1511. These laws are implemented, primarily, by the
Department of Environment and Natural Resources (DENR).
INTRODUCTION
The principles of the Rio Declaration on Environment and Development mandates that
in order to sustainable development and higher quality of life for all people, States
should reduce and eliminate unsustainable patters of production and consumption, and
promote appropriate demographic policies. Further, recognizing the integral and
interdependent nature between man and the Earth, our home, we must work towards
protecting the integrity of the global environmental system. Albeit, man needs Earth,
rather than otherwise. Borne in this privilege to live in bountiful planet, we carry the
responsibility not only to care for the planet, for our selves, but for the generations to
come, after us.
The 1987 Philippine Constitution, as well as in Oposa v. Factoran, emphasizes the

declared responsibility of the State to lead in protecting the right of the people to a
balanced and healthful ecology, that we may live in accord with the rhythm and
harmony of nature. This a basic right that are assumed to exist from the inception of
humankind. (The Manila Times, 2015)
Consistent with the "precautionary principle" and the "polluter pays principle",
contained in the Rio Declaration, laws appertaining to the protection of the
environment are drafted with these principles in mind. Old laws, that are relevant and
prove still beneficial for use in these modern times are still adopted and embraced, and
serves as guide for the day-to-day living of the Filipinos.
THE STATE OF AFFAIRS OF VARIOUS ENVIRONMENTAL LAWS
Republic Act No. 9003, otherwise known as the Ecological Solid Waste Management Act
of 2000, is at present, in its original legislation, and had caused the formulation of
various environment-friendly programs, within local government units of the
Philippines. It aimed, among others, the utilization of environmentally-sound methods
of managing the solid wastes in the country, through a collective effort among Filipinos.
It is being sought to be amended, to include an added responsibility among plastic
manufacturers, in an aim of eliminating pollutive plastic wastes.
The Pollution Adjudication Board (PAB) Resolution No. 001-10 provides for the rules
for pollution cases brought before the PAB and the DENR. It also covers the general and
special jurisdiction of the agencies, in its delivery of primary services.
Republic Act No. 3931, which is an Act creating the National Water and Air Pollution
Control Commission, is hereby amended by Presidential Decree No. 984. The said
decree amended the organizational structure of the agency, into National Pollution
Control Commission. At present, the Commission is absorbed by the Environmental
Management Bureau of the DENR.
Presidential Decree No. 1586, meanwhile, established an Environmental Impact

System in order that socio-economic undertakings can be reconciled with the
requirements of environmental quality.
The DENR Administrative Order No. 2003-30, on the other hand, provided for the
implementing rules and regulations for Presidential Decree No. 1586.
Executive Order No. 192 s. 1987, sought for the reorganization of the Department of
Energy, Environment and Natural Resources (DEENR) to Department of Environment
and Natural Resources (DENR).
Presidential Decree No. 1511 is the Philippine Environmental Policy, which paved the
legal opportunity to use practicable means in promoting the general welfare of the
Nation on issues to intensify the protection of the environment, in relation to the
commerce of man.
LEGAL APPLICATION OF THE LAWS
Consistent with the application of Republic Act No. 9003, the Supreme Court ruled in
favor of the concerned, and of interest, Filipino citizens in the landmark environmental
cases, Province of Rizal v. Executive Secretary and MMDA v. Concerned Residents of
Manila Bay.
Pollution Adjudication Board Resolution No. 001-10 (the amendment of Republic Act
No. 3931) and Presidential Decree No. 984, served as guides for the settlement of the
cases: Shell v. Jalos, Mead v. Angel, Estrada v. Court of Appeals and Serapio, Pacific
Steam Laundry v. Laguna Lake Development Authority, Public Hearing Committee of the
Laguna Lake Development Authority v. SM Prime Holdings, and Republic of the
Philippines v. Marcopper Mining.
The provisions contained in Presidential Decree No. 1586, DENR Administrative Order
No. 2003-30, Executive Order No. 192 s. 1987, and Presidential Decree No. 1511 also
steered towards the favorable rulings by the Supreme Court on cases: International
Service v. Greenpeace Southeast Asia, Bangus Fry Fisherfolks v. Lanzanas, Lina Jr. v.
Pano, Special People v. Canda, Republic of the Philippines v. City of Davao, and Paje v.
Casino.
CONCLUSION
Overall, the various Philippine environmental laws, although not in toto, implemented in
a perfect way, proved to sustain the national policies, and provide support among
Filipinos, presently-living, and the generations to come.
REFERENCES
Environmental Management Bureau. (2016). DENR Administrative Order No. 2003-30.

Retrieved from: https://emb.gov.ph/wp-content/uploads/2016/06/DAO-2003-30.pdf
Philippine Environment Partnership Program and Ecowatch. (2016). Presidential

Decree No. 1586. Retrieved from: http://pepp.emb.gov.ph/wp-
content/uploads/2016/06/PD-1586-Environmental-Impact-Statement-System-of-
1982.pdf
Pollution Adjudication Board. (2017). Pollution Adjudication Board No. 01 Series of

2010. Retrieved from: http://pab.emb.gov.ph/wp-content/uploads/2017/07/PAB-
Resolution-No.-1-2010.pdf
The Lawphil Project. (1979). Presidential Decree No. 1511. Retrieved from:
https://lawphil.net/statutes/presdecs/pd1977/pd_1151_1977.html
https://www.lawphil.net/statutes/presdecs/pd1978/pd_1586_1978.html
https://lawphil.net/statutes/presdecs/pd1976/pd_984_1976.html
The Lawphil Project. (2000). Republic Act No. 3931. Retrieved from:
https://lawphil.net/statutes/repacts/ra1964/ra_3931_1964.html
The Manila Times. (2015). Legal Framework to Protect the Environment. Retrieved
from: https://www.manilatimes.net/2015/07/26/opinion/columnists/legal-
framework-to-protect-the-environment/203768/
The Official Gazette. (1987). Executive Order No. 192. Retrieved from:
https://www.officialgazette.gov.ph/1987/06/10/executive-order-no-192-s-1987/
The Official Gazette. (2001). Republic Act No. 9003. Retrieved from:
https://www.officialgazette.gov.ph/2001/01/26/republic-act-no-9003-s-2001/
United Nations. (1999). 1992 Rio Declaration on Environment and Development.

Retrieved from:
https://www.un.org/en/development/desa/population/migration/generalassembly/d
ocs/globalcompact/A_CONF.151_26_Vol.I_Declaration.pdf
University of Minnesota Human Rights Library. (2018). Republic of the Philippines G.R.
No. 101083 dated July 30, 1993 Oposa v. Factoran. Retrieved from:
http://hrlibrary.umn.edu/research/Philippines/Oposa%20v%20Factoran,%20GR
%20No.%20101083,%20July%2030,%201993,%20on%20the%20State's
%20Responsibility%20To%20Protect%20the%20Right%20To%20Live%20in%20a
%20Healthy%20Environment.pdf

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The Philippine Legal Framework Behind Every Filipino's Right to A Balanced and

Pontillo, G., Busque, J.T. IV, Directo, R.F., and Jimenez, E.

The 1987 Philippine Constitution, as well as in Oposa v. Factoran, emphasizes the

THE STATE OF AFFAIRS OF VARIOUS ENVIRONMENTAL LAWS

Presidential Decree No. 1586, meanwhile, established an Environmental Impact

LEGAL APPLICATION OF THE LAWS

Environmental Management Bureau. (2016). DENR Administrative Order No. 2003-30.

Philippine Environment Partnership Program and Ecowatch. (2016). Presidential

Pollution Adjudication Board. (2017). Pollution Adjudication Board No. 01 Series of

United Nations. (1999). 1992 Rio Declaration on Environment and Development.

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