Philippine Environment Code

Declared purposes and policy aims

Title I (Air Quality Management), Section 2 requires that air quality management aims to achieve and maintain air quality levels that protect public health.
Section 2 further directs that air quality management aims to prevent, to the greatest extent practicable, injury and/or damage to plant and animal life and property and to promote the country’s social and economic development.
Title II (Water Quality Management), Section 14 states that water quality management is meant to protect and improve Philippine water resources through classification, standards, protection and improvement, and responsibilities for surveillance and mitigation of pollution incidents.
Title III (Land Use Management), Section 22 directs a rational, orderly, and efficient acquisition, utilization, and disposition of land and its resources to derive maximum benefits, and it encourages prudent use and conservation of land resources to prevent imbalance between national needs and land resources.
Title IV (Natural Resources Management and Conservation), Section 25 sets natural resources policy to obtain optimum benefits while preserving resources for future generations, carried out through general measures.
Title V (Waste Management), Section 42 sets waste management guidelines to ensure effective waste management, encourage prevention of environmental damage through recovery, recycling, and re-use, and guide appropriate government agencies in establishing sound, efficient, comprehensive, and effective waste management.

Definitions and key terms

Section 62(a) defines “Ambient Air Quality” as average atmospheric purity distinct from discharge measurements taken at the source, representing general pollution in a broad area.
Section 62(b) defines “Emission” as passing into the atmosphere an air contaminant, pollutant, gas stream, and unwanted sound from a known source.
Section 62(c) defines “Water Quality” as the characteristics of water that define its use by physical, chemical, and biological contents, where quality differs for domestic use versus industrial use.
Section 62(d) defines “Water Quality Surveillance” as close and continuous supervision of water quality to detect developments, movements, and changes in characteristics.
Section 62(e) defines “Water Quality Standard” as a governmental plan for water pollution prevention and abatement that may include water use classification and criteria to support water uses.
Section 62(f) defines “Effluent Standards” as restrictions limiting the concentration levels of physical, chemical, and biological constituents discharged from point sources.
Section 62(g) defines “Clean-up Operations” as activities removing pollutants discharged or spilled in water to restore it to pre-spill condition.
Section 62(h) defines “Accidental Spills” as spills of oil or other hazardous substances in water resulting from accidents involving carriers such as collisions and grounding.
Section 62(i) defines “Areas of Critical Environmental Concern” as areas where uncontrolled development could cause irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance.
Section 62(j) defines “Hazardous Substances” as elements or compounds that, when discharged in any quantity, present imminent or substantial danger to public health and welfare.
Section 62(k) defines “Areas Impacted by Public Facilities” as areas where introduction of public facilities may induce development and urbanization of more than local significance or impact.
Section 62(l) defines “Environmental Impact” as alteration of environmental conditions or creation of new environmental conditions (adverse or beneficial) to be induced or caused by a proposed project.
Section 62(m) defines “Government Agencies” as national, local, and regional agencies and instrumentalities including government-owned and controlled corporations.

Air quality management rules

Ambient Air Quality Standards: Section 3 requires establishment of ambient air quality standards prescribing the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety, and general welfare.
Standards-setting considerations: Section 3 requires consideration of local atmosphere conditions, location and land use, and available technology in establishing ambient air quality standards.
National Emission Standards: Section 4 requires establishment of national emission standards for new and existing stationary and mobile sources of pollution and requires consideration of type of industry, practicable control technology available, location and land use, and nature of pollutants emitted.
Community Noise Standards: Section 5 requires establishment of appropriate standards for community noise levels considering locations, zoning, and land use classification.
Noise-Producing Equipment Standards: Section 6 requires establishment of standards for noise-producing equipment (including construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and similar contrivances) setting limits on acceptable noise emitted for protection of public health and welfare, considering magnitude and condition of use, the degree of noise reduction achievable through best available technology, and cost of compliance.
Installation compliance: Section 6 requires installation of noise-producing equipment to conform with requirements of Presidential Decree No. 1096 and other applicable laws and their implementing rules and regulations.
Aircraft emissions and sonic booms: Section 7 requires appropriate government agencies to encourage research on harmful effects of aircraft emissions to establish permissible emission standards, and it requires research to mitigate and/or minimize the effects of sonic booms.

Air regulation, enforcement, monitoring

Enforcement authority: Section 8 designates the National Pollution Control Commission in coordination with appropriate government agencies as responsible for enforcement of ambient air quality emission and noise standards.
Enforcement functions: Section 8 requires the National Pollution Control Commission to carry out monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and promulgation of appropriate rules and regulations.
Revision of standards: Section 8 allows revision and/or modification of existing air quality emission and noise standards consistent with new development and technology.
Aircraft noise implementation: Section 9 requires community noise standards around airports to be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission.
Vehicular emissions: Section 10 requires the Land Transportation Commission, in coordination with the National Pollution Control Commission, to implement emission standards for motor vehicles and permits deputization of other appropriate law enforcement agencies for enforcement purposes.
Radioactive emissions: Section 11 requires regulation of release and emission of radioactivity into the environment incident to establishment or possession of nuclear energy facilities and radioactive materials—covering handling, transport, production, storage, use, and disposal—by the Philippines Atomic Energy Commission in coordination with other appropriate government agencies.
Monitoring network: Section 12 requires the National Pollution Control Commission, in coordination with appropriate government agencies, to establish an air quality monitoring network to the greatest extent practicable and to maximize use of agency capabilities.
Information to the Council: Section 12 requires that results of air quality monitoring activities be furnished to the National Environmental Protection Council.
Weather and monitoring guidance: Section 13 requires the Philippine Atmospheric, Geophysical and Astronomical Services Administration to monitor meteorological factors affecting environmental conditions to guide air pollution monitoring activities effectively.
Weather modification coordination: Section 13 requires weather modification activities such as rainfall stimulation and storm seeding experiments to be undertaken in consultation and/or coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration.

Water quality classification and protection

Water quality management purpose: Section 14 directs management guidelines to protect and improve Philippine water resources through classification, water quality standards, protection and improvement, and responsibilities for surveillance and mitigation of pollution incidents.
Classification of waters: Section 15 requires the National Pollution Control Commission, in coordination with appropriate government agencies, to classify Philippine waters according to their best usage and to consider existing quality at the time of classification, physical characteristics (including size, depth, surface area, volume, direction, rate of flow, and gradient of stream), and the most beneficial uses for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes.
Reclassification based on public interest: Section 16 requires reclassification when public interest so requires, based on intended beneficial use, including steps necessary to upgrade water quality; it also authorizes other government agencies to adopt higher standards for a particular body of water subject to approval by the National Pollution Control Commission.
Upgrading when deterioration occurs: Section 17 requires concerned government agencies to take measures to upgrade water quality to meet prescribed water quality standards where deterioration adversely affects best usage.
Water quality standards authority: Section 18 requires the National Pollution Control Commission to prescribe quality and effluent standards consistent with guidelines set by the National Environmental Protection Council and consistent with water classification, considering that water quality/purity standards may vary by beneficial uses and by technology relating to water pollution control.
Regulation of hazardous substances and discharges: Section 19 requires regulation by appropriate government agencies, pursuant to their charters and enabling legislations, of production, utilization, storage, and distribution of hazardous, toxic, and other substances (including radioactive materials, heavy metals, pesticides, fertilizers, and oils), and regulation of disposal, discharge, and dumping of untreated wastewater, mine tailings, and other polluting substances from normal industrial operations, water-borne sources, human activities, and accidental spills and discharges; Section 19 also requires coordination with the National Environmental Protection Council and furnishing it information necessary to attain its objectives under Presidential Decree No. 1121.
Polluter clean-up responsibility: Section 20 places responsibility on the polluter to contain, remove, and clean up water pollution incidents at the polluter’s own expense.
Government intervention and chargeback: Section 20 requires that if the polluter fails to do so, concerned government agencies shall undertake containment, removal, and clean-up operations, and the expenses incurred shall be charged against the persons and/or entities responsible.
Water monitoring network: Section 21 requires environmental protection agencies to establish, to the greatest extent practicable, a water quality surveillance and monitoring network with sufficient stations and sampling schedules meeting the needs of the country and to maximize use of agency capabilities.
Reporting monitoring results: Section 21 requires each agency in the monitoring network to report monitoring results to the National Environmental Protection Council as the need arises.

Land use and industry location planning

Land use purposes: Section 22 sets land use management purposes of rational, orderly, and efficient land and resource use to derive maximum benefits, and prudent use and conservation to prevent imbalance between national needs and land resources.
National land use scheme: Section 23 requires the Human Settlements Commission, in coordination with appropriate government agencies, to formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the land use purposes.
Land use scheme contents: Section 23 requires inclusion of a science-based, technology-oriented land inventory and classification system.
Additional scheme requirements: Section 23 requires determination of present land uses and whether they are utilized, underutilized, rendered idle, or abandoned; determination of land adaptability for community development, agriculture, industry, commerce, and other endeavors; and identification methods for areas where uncontrolled development could result in irreparable damage to historic, cultural, or aesthetic values or natural systems or processes of national significance.
Control areas and facilities: Section 23 requires methods for exercising control over land use in areas of critical environmental concern and areas impacted by public facilities, including airports, highways, bridges, ports and wharves, buildings, and other infrastructure projects.
Regional and community development integration: Section 23 requires ensuring consideration of regional development and land use in local regulations; policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities; and a system of controls and regulations to ensure that any source of pollution will not be located where it would result in a violation of applicable environmental pollution control regulations.
Updating: Section 23 requires a recommended method for periodic revisions and updating of the national land use scheme to meet changing conditions.
Industry location impact: Section 24 requires regulating or enforcing agencies, in locating industries, factories, plants, depots, and similar industrial establishments, to consider social, economic, geographic, and significant environmental impact.

Natural resources management and conservation

Natural resources purposes: Section 25 requires basic natural resources policy to obtain optimum benefits and preserve resources for future generations through general measures carried out effectively.
Fisheries and aquatic resources policy: Section 26 requires the national government, through the Department of National Resources, to establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and to encourage citizen participation to maintain and/or enhance optimum and continuous productivity.
Fisheries and aquatic measures: Section 27 requires measures for rational exploitation may include manpower and expertise development; acquiring necessary facilities and equipment; regulating marketing of threatened species; reviewing existing rules to formulate systematic and effective enforcement guidelines; conserving vanishing species (including turtles, sea snakes, crocodiles, corals) and maintaining mangrove areas, marshes and inland waters, coral reef areas and islands serving as sanctuaries for fish and other aquatic life.
Wildlife conservation policy: Section 28 requires the national government, through the Department of Natural Resources, to establish a system of rational exploitation and conservation of wildlife resources and to encourage citizen participation for continuous productivity.
Wildlife measures: Section 29 requires measures may include regulating marketing of threatened wildlife resources; reviewing existing rules to formulate systematic and effective enforcement guidelines; conserving threatened fauna species; increasing their rate of reproduction; maintaining original habitat; manipulation; determining bag/creel limits; population control in relation to carrying capacity; and banning indiscriminate and/or destructive means of catching or hunting.
Forestry management policy: Section 30 requires a system of rational exploitation of forest resources by the national government through the Department of Natural Resources, encouraging citizen participation to keep forest resources at maximum productivity at all time.
Forest exploitation measures: Section 31 requires measures may include regulating marketing of threatened forest resources; reviewing existing rules for systematic and efficient enforcement; conserving threatened species of flora and increasing propagations; banning destructive modes of exploitation, kaingin making or shifting cultivations, indiscriminate harvesting of minor forest products, and recycling methods of waste materials; and continuing reforestation effect (including timber stand improvement, forest protection, and classifications), forest occupancy management, agri-silviculture, range management, agri-silvicultural/kaingin management, industrial tree plantation, parks and wildlife management, multiple use forest, timber management, and forest research.
Fertilizers and pesticides regulation: Section 32 requires use of fertilizers and pesticides in agriculture to be regulated by prescribing a tolerance level and monitored by appropriate government agencies to provide empirical data for effective regulation.
Soil conservation program: Section 33 requires the national government through the Department of Natural Resources and the Department of Agriculture to undertake a soil conservation program that includes identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological soil conservation means, and short-term and long-term researches and technology for effective soil conservation.
Flood control program measures: Section 34 requires that in addition to pertinent provisions of existing laws, flood control programs include control of soil erosion on banks and shores; control of flow and flooding in and from rivers and lakes; conservation of water (excluding captive water); needs of fisheries and wildlife and other recreational uses; measures affecting damming/diversion/taking/using natural water as they affect quality and availability; and measures to stimulate research on natural water and soil conservation.
Calamities mitigation: Section 35 requires the national government through the Philippine Atmospheric, Geophysical and Astronomical Services Administration to promote intensified and concerted research on weather modification and tropical natural phenomena including typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena to mitigate or prevent destructive effects.
Energy development policy: Section 36 requires the national government through the Energy Development Board to undertake an energy development program consistent with environmental protection policies, encouraging utilization of invariant sources such as solar, wind, and tidal energy.
Energy development measures: Section 37 requires energy development measures may include pilot plants utilizing invariant sources, training technical personnel, and research aimed at developing energy development technology.
Energy safety measures: Section 38 requires rules and regulations to prevent or mitigate adverse effects of energy development on the environment, and requires that nuclear powered plants exploring and utilizing geothermal energy—whether owned or controlled by private or government entities—must observe internationally accepted safety standards and provide safety devices to ensure health and welfare of personnel and the surrounding community.
Surface and ground waters management: Section 39 requires the national government through the National Water Resources Council, in coordination with other appropriate agencies, to prescribe measures for conservation and improvement of quality of Philippine water resources and to provide for prevention, control, and abatement of water pollution in addition to existing laws.
Mineral resources management: Section 40 requires the national government through the Department of Natural Resources to undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and to encourage citizen participation.
Mineral exploitation measures: Section 41 requires measures may include increasing research and development in mineral resources technology; training technical manpower in geology, geophysics, mining engineering, and related fields; regulating exploitation of identified mineral reserves; accelerating exploration of undiscovered mineral deposits; and encouraging processing plants for refined metals.

Waste management program and disposal methods

Waste management purpose and guidance: Section 42 requires guidelines for waste management effectiveness, encourages technological, educational, economic, and social efforts to prevent environmental damage and unnecessary loss through recovery, recycling, and re-use, and guides appropriate government agencies in comprehensive effective waste management.
Waste management programs required: Section 43 requires preparation and implementation of waste management programs by all provinces, cities, and municipalities.
Guidelines for programs: Section 43 requires the Department of Local Government and community Development to promulgate guidelines for formulation and establishment of waste management programs.
Contents of waste management programs: Section 43 requires each waste management program to include an orderly system of operation consistent with area needs; a provision preventing creation of pollution or public nuisance; a system for safe and sanitary disposal; consideration that existing plans affecting development, use, and protection of air, water, or natural resources must be considered; schedules and methods for development, construction, and operation with estimated costs; and a provision for periodic revision to ensure effective implementation.
Local government responsibilities: Section 44 requires each province, city, or municipality to provide measures facilitating collection, transportation, processing, and disposal of waste within its jurisdiction in coordination with other concerned government agencies.
Subsidy mechanism: Section 44 directs that the national government shall provide necessary subsidy to local governments upon request made through the National Environmental Protection Council, subject to terms and conditions the Council provides.
Solid waste disposal methods: Section 45 requires solid waste disposal by sanitary landfill, incineration, composting, and other methods approved by competent government authority.
Sanitary landfill permits and siting: Section 46 allows local governments including private individuals, corporations, or organizations to operate one or more sanitary landfills.
Operational work plan submission: Section 46 requires any entity proposing to operate a sanitary landfill to submit to the appropriate government agency an operational work plan showing a map of the proposed work location, disposal areas for rubbish, garbage, refuse, and other waste matter, and the equipment or machinery needed.
Landfill siting prohibition: Section 46 prohibits landfill or work locations under this Section from being located along any shore or coastline or along the banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations.
Incineration and composting regulation: Section 47 requires installation and establishment of incineration or composting plants, and alteration/modification of any part thereof, to be regulated by the local governments concerned in coordination with the National Pollution Control Commission.
Disposal site compliance: Section 48 requires locations of solid waste disposal sites to conform with existing zoning, land use standards, and pollution control regulations.
Sea dumping prohibition: Section 49 prohibits dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where wastes are likely to be washed into the water.
Emergency exception for dumping: Section 49 permits dumping of solid wastes or other materials into the sea or navigable waters in case of immediate or imminent danger to life and property.
Coastal authorities and consultations: Section 49 requires dumping permitted under the emergency exception to be subject to rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission, and it requires government agencies and private entities undertaking solid waste management programs to consult with concerned agencies regarding effects of marine environment and navigation impacts.

Liquid waste treatment and spill-related discharge rules

Liquid waste disposal treatment: Section 50 requires wastewater from manufacturing plants, industries, communities, or domestic sources to be treated physically, biologically, or chemically prior to disposal in accordance with rules and regulations promulgated by proper government authority.
Application to marine discharge: Section 51 requires that Section 8 provisions likewise apply to dumping or disposal of liquid waste into the sea and other bodies of water.

Miscellaneous environmental management duties

Population-environment balance in assessments: Section 52 requires the National Environmental Protection Council, in assessing development projects, to take into consideration effects on population for rational and orderly balance between man and environment.
Environmental education: Section 53 requires the Department of Education and Culture to integrate environmental education subjects in school curricula at all levels.
Community education and public information: Section 53 requires the Department of Education and Culture to endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices.
Public awareness programs: Section 53 requires the Council and other implementing government agencies, in coordination with government public information agencies, to undertake public information activities to stimulate awareness and encourage involvement in environmental protection.
Environmental research priorities: Section 54 requires the Council to undertake and/or promote continuing studies and research programs on environmental management and to determine priority areas from time to time.
Foreign-origin monitoring and dissemination: Section 55 requires the Council to inform itself of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies, and other entities, and to disseminate such information and literature widely possible.
Incentives for pollution control equipment: Section 56(a) grants exemption from tariff duties and compensating tax to the extent of fifty (50) per cent for importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of the Decree subject to conditions imposed by the Council.
Tax credit for domestic purchases: Section 56(b) grants a tax credit equivalent to fifty (50) per cent of the value of tariff duties and compensating tax that would have been paid if imported, for purchases from a domestic manufacturer within seven (7) years from effectivity, and grants an additional tax credit equivalent to twenty-five (25) per cent to the domestic manufacturer, subject to conditions imposed by the Council.
Deduction for research: Section 56(c) allows deductions equivalent to fifty (50) per cent of expenses actually incurred on research projects developing technologies for manufacture of pollution control equipment proven effective and commercially reproducible, deductible from taxable income of the person or firm undertaking such projects, subject to conditions imposed by the Council.
Anti-disposal restriction: Section 56 prohibits selling, transferring, or disposing pollution control equipment, devices, spare parts and accessories acquired under incentives within five (5) years from acquisition date without prior Council approval; otherwise, it requires the importer or purchaser to pay twice the amount of tax exemption or tax credit granted.
Financial assistance for facilities: Section 57 authorizes financial assistance/grants for study, design, and construction of environmental protection facilities—especially for waste disposal—in favor of cities, municipalities, and small-and medium-scale industries on a case-to-case basis subject to conditions the Council imposes.
Participation duty: Section 58 requires local government units and private individuals to actively participate in environmental management and protection programs of the government.
Historic and cultural resource preservation: Section 59 imposes a duty on every person to help preserve historic and cultural resources such as sites, structures, artifacts, documents, objects, memorials, and priceless trees.
Continuity of environmental agencies: Section 60 requires government agencies vested by law to exercise environmental management powers to continue functioning within their respective jurisdictions.
Council inquiry power: Section 60 authorizes the Council, in exercising powers and functions under Presidential Decree No. 1121, to inquire into any action or issue of environmental significance.
Public hearings: Section 61 authorizes the Council, whenever it deems necessary, to conduct public hearings on issues of environmental significance.

Separability and final effectivity

Section 63 provides separability: if any provision of the Code or its application to a person or circumstance is declared unconstitutional, the remainder of the Code or the application to other persons or circumstances is not affected.
Section 64 provides effectivity: the Code takes effect upon its approval.