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PD 1152 - Philippine Environment Code (1977)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

Presidential Decree No. 1152, the Philippine Environmental Code, sets nationwide policies and standards for air, water, land, natural resources, waste, and energy management, and assigns agencies to enforce them.

Who it affects: It applies to all government agencies, local government units, industries, and private persons who generate, manage, or regulate environmental impacts in the Philippines.

Key provisions

  • Short title. The decree is officially called the "Philippine Environmental Code." [Sec 1]
  • Air quality purposes. The code aims to protect public health by maintaining clean air and to prevent damage to plants, animals, and property while supporting economic development. [Sec 2]
  • Ambient air quality standards. Maximum allowable concentrations of air pollutants are set to protect health, safety, and welfare, taking into account local conditions and available technology. [Sec 3]
  • National emission standards. Emission limits for new and existing stationary and mobile sources are established based on industry type, technology, location, and pollutant nature. [Sec 4]
  • Enforcement of air and noise standards. The National Pollution Control Commission, together with other agencies, enforces air quality, emission, and noise standards, monitors pollutants, and issues permits. [Sec 8]
  • Water quality management purpose. The code seeks to classify waters, set water quality standards, protect water resources, and assign duties for pollution surveillance and response. [Sec 14]
  • Classification of Philippine waters. The National Pollution Control Commission classifies waters according to their best use, considering existing quality, physical characteristics, and intended uses such as residential, agricultural, or recreational. [Sec 15]
  • Responsibility for water clean‑up. The polluter must clean up water pollution at his own cost; if he fails, government agencies will clean up and charge the polluter for the expenses. [Sec 20]
  • Waste management program requirement. All provinces, cities, and municipalities must prepare a waste‑management program that includes an orderly system, pollution prevention, safe disposal, cost estimates, and periodic revision. [Sec 43]
  • Sanitary landfill restrictions. Sanitary landfills may be operated by local governments or private entities, but they cannot be located on shorelines, riverbanks, or lake shores. [Sec 46]
  • Prohibition on dumping waste into the sea. Dumping solid waste into the sea or any navigable water is prohibited, except in emergencies that threaten life or property, subject to Coast Guard and Pollution Control Commission rules. [Sec 49]
  • Incentives for pollution‑control equipment. Importers of pollution‑control equipment receive a 50% tariff and tax exemption for five years; tax credits are available for domestic purchases and manufacturers, and research expenses may be deducted up to 50% of taxable income. [Sec 56]
  • Public hearings. The National Environmental Protection Council may hold public hearings on any environmental issue it deems necessary. [Sec 61]

Common questions

Which agency enforces air quality and noise standards?
The National Pollution Control Commission, in coordination with the appropriate government agencies, is responsible for enforcing ambient air quality, emission, and noise standards. [Sec 8]
Who must clean up water pollution incidents?
The polluter is required to contain, remove, and clean up the pollution at his own expense; if he fails, government agencies will clean up and charge the polluter for the costs. [Sec 20]
What are ambient air quality standards?
They are maximum permissible concentrations of air pollutants set to protect public health, safety, and general welfare, considering local atmospheric conditions, land use, and available technology. [Sec 3]
Is dumping solid waste into the sea allowed?
Dumping solid waste into the sea or any navigable water is prohibited, except when there is an immediate danger to life or property, and then only under Coast Guard and Pollution Control Commission regulations. [Sec 49]
What incentives does the code provide for pollution‑control equipment?
Importers get a 50% exemption on tariff duties and compensating tax for five years; tax credits of 50% (for domestic purchases) and 25% (for manufacturers) are available, and up to 50% of research expenses on pollution‑control technology can be deducted from taxable income. [Sec 56]
How are Philippine waters classified?
The National Pollution Control Commission classifies waters based on existing water quality, physical characteristics (size, depth, flow, etc.), and the most beneficial uses such as residential, agricultural, industrial, or recreational purposes. [Sec 15]
What must local waste‑management programs include?
They must have an orderly operation system, ensure no pollution or public nuisance, provide safe sanitary disposal, consider existing environmental plans, include cost estimates and implementation schedules, and allow for periodic revision. [Sec 43]
Where can sanitary landfills be located?
Sanitary landfills may be operated by local governments or private entities, but they cannot be placed on shorelines, riverbanks, or along the entire length of lakes. [Sec 46]

Legal information, not legal advice

Tatsulok checks that this text faithfully reproduces its published source, but Tatsulok is not an official publisher and does not independently verify whether the text is currently in force, amended, or repealed. Always confirm against an official source, such as the Official Gazette or the issuing government authority, before relying on it. This is legal information for study, not legal advice. For your situation, consult a lawyer or Philippine legal aid.