Question & AnswerQ&A (Republic Act No. 3931)
The Act declares it a national policy to maintain reasonable standards of purity for the waters and air of the Philippines for domestic, agricultural, industrial, and other legitimate purposes.
Pollution is defined as any alteration of the physical, chemical, or biological properties of any water or atmospheric air in the Philippines, or discharge of substances into these that is likely to be harmful or injurious to public health, safety, welfare, or legitimate uses.
The Commission is composed of the Chairman of the National Science Development Board as chairman, four part-time commissioners (including officers from the Department of Health and Department of Agriculture and Natural Resources, and two private sector representatives), and two full-time commissioners (a sanitary engineer and a lawyer).
The President of the Philippines appoints the members with the consent of the Commission on Appointments.
Each full-time commissioner must be at least 35 years old and have at least ten years of experience in their profession; one must be a sanitary engineer and the other a lawyer.
The Commission can determine pollution existence, adopt rules and regulations, hold hearings, issue orders to discontinue pollution, institute legal proceedings, issue and revoke permits, conduct investigations, and perform duties necessary for implementing the act.
It prohibits throwing, draining, or disposing of any organic or inorganic matter or substances into Philippine waters or air that cause pollution and requires permits for certain construction, operation, or modification activities related to sewage works or industrial establishments that may increase waste discharge.
Violators may be fined up to 50 pesos per day of continued violation, imprisoned from 2 to 6 years, or both. Additionally, they may pay for damages caused to aquatic life or habitat and be enjoined from continuing violations.
Public hearings are conducted before any order requiring discontinuance of waste discharge or denying, revoking, or modifying permits. Hearings may be conducted by the Commission or designated representatives. Notices and transcripts are required.
No, the Commission has no jurisdiction over such systems, but its rules for pollution prevention supersede any prior NAWASA or Department of Health regulations on the same subject.
The Technical Secretary, who must be a sanitary engineer with at least five years experience, administers pollution control activities, handles correspondence, arranges inspections and investigations, and prepares reports during interim meetings.
The Commission may authorize representatives to enter any public or private property devoted to industrial or commercial use at reasonable times without causing damage for inspection and investigation related to pollution or possible pollution.
The Commission encourages forming cooperative groups among municipalities, industries, enterprises, and water users to discuss and plan prevention and abatement of pollution.
The Commission, after consultation with fishery officials, can bring court actions to recover the reasonable value of destroyed aquatic life or habitat, with any recovered sums placed in funds for the Fisheries Commission.