Title
Supreme Court
Implementing rules for nuisances under PD 856
Law
Doh
Decision Date
Apr 30, 1998
The Implementing Rules and Regulations (IRR) of Chapter XIX of Presidential Decree No. 856 (PD 856) in the Philippines defines various terms used in the law, providing clarity and understanding of their meanings in relation to establishments, entities, and premises that may produce nuisances or engage in offensive trades and occupations.

Q&A (DOH)

These rules cover all establishments or entities and public or private premises that are likely to produce nuisances or are engaged in offensive trades and occupations as detailed in Sections 1.1 and 1.2 of the regulations.

A nuisance is defined as anything that injures health, endangers life, offends the senses, or produces discomfort to a person or group of persons.

The sanitary permit is valid for one year from the day of issuance until the last day of December of the same year, and must be renewed every beginning of the year thereafter.

Any person violating these rules shall be guilty of a misdemeanor and penalized with imprisonment of up to six months, or a fine not exceeding Php 1,000, or both, at the court's discretion.

The operator must comply with all sanitary and safety standards, maintain cleanliness, provide personal protective equipment, ensure employees have health certificates, renew sanitary permits, assist authorities in inspections, and promote environmental awareness among employees.

The local health officer is responsible for inspecting and evaluating establishments, investigating complaints, issuing sanitary permits, coordinating with the Department of Health, and prescribing measures to prevent nuisances or health hazards.

Offensive trades include soap boiling, guts cleaning, boiling of offal, manufacturing glue or fertilizer, skin curing, scrap processing, manure storing, lime burning, lye making, and processes involving poisonous substances such as lead, arsenic, or mercury.

All employees must secure a health certificate issued by the local health officer after passing physical and medical exams. They must also observe good personal hygiene, wear appropriate garments, and follow safety and health practices.

The local health officer must inspect establishments at least every three months with authorized sanitation inspectors, who issue mission orders and sanitation inspection reports. Non-compliance leads to issuance of sanitary orders, possible permit suspension or revocation after hearings and notices.


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