LGU and Key environmental laws

Local Government Code 1991

Clean Water Act of 9275 of 2004
Clean Air Act 8749
Solid Wastes Management Act 9003
Others that might be of interest

Local Government Code of 1991

Section 17. Basic Services and Facilities. (a) Local government units shall endeavor to be selfreliant and shall continue exercising the powers and
discharging the duties and functions currently vested
upon them. They shall also discharge the functions
and responsibilities of national agencies and offices
devolved to them pursuant to this Code. Local
government units shall likewise exercise such other
powers and discharge such other functions and
responsibilities as are necessary, appropriate, or
incidental to efficient and effective provisions of the
basic services and facilities enumerated herein.

 b) Such basic services and facilities include,

but are not limited to, the following:
(1) For Barangay:
(iii) Services and facilities related to general
hygiene and sanitation, beautification, and
solid waste collection;

 For municipality
(vi) Solid waste disposal system or
environmental management system and
services or facilities related to general hygiene
and sanitation;

 For provinces
(iii) Pursuant to national policies and subject
to supervision, control and review of the
DENR, enforcement of forestry laws limited to
community-based forestry projects, pollution
control law, small-scale mining law, and other
laws on the protection of the environment;
and mini-hydroelectric projects for local
purposes;

 Section 26. Duty of National Government Agencies in

the Maintenance of Ecological Balance. - It shall be the
duty of every national agency or government-owned or
controlled corporation authorizing or involved in the
planning and implementation of any project or
program that may cause pollution, climatic change,
depletion of non-renewable resources, loss of crop
land, rangeland, or forest cover, and extinction of
animal or plant species, to consult with the local
government units, nongovernmental organizations,
and other sectors concerned and explain the goals and
objectives of the project or program, its impact upon
the people and the community in terms of
environmental or ecological balance, and the measures
that will be undertaken to prevent or minimize the
adverse effects thereof.

 Section 36. Assistance to People's and Nongovernmental Organizations. - A local

government unit may, through its local chief
executive and with the concurrence of the
sanggunian concerned, provide assistance,
financial or otherwise, to such people's and
non-governmental organizations for
economic, socially-oriented, environmental, or
cultural projects to be implemented within its
territorial jurisdiction.

 CHAPTER III
The Punong Barangay
Section 389. Chief Executive: Powers, Duties,
and Functions.
(9) Enforce laws and regulations relating to
pollution control and protection of the
environment

 Section 447. Powers, Duties, Functions and

Compensation. (a) The sangguniang bayan, as the legislative body of
the municipality, shall enact ordinances, approve
resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants pursuant
to Section 16 of this Code and in the proper exercise of
the corporate powers of the municipality as provided
for under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary
for an efficient and effective municipal government,
and in this connection shall:

 (vi) Protect the environment and impose

appropriate penalties for acts which endanger
the environment, such as dynamite fishing and
other forms of destructive fishing, illegal logging
and smuggling of logs, smuggling of natural
resources products and of endangered species of
flora and fauna, slash and burn farming, and such
other activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;

 Section 458. Powers, Duties, Functions and

Compensation.
(a) The sangguniang panlungsod, as the legislative
body of the city, shall enact ordinances, approve
resolutions and appropriate funds for the general
welfare of the city and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of
the corporate powers of the city as provided for under
Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary
for an efficient and effective city government, and in
this connection, shall:

 (vi) Protect the environment and impose

appropriate penalties for acts which endanger
the environment, such as dynamite fishing and
other forms of destructive fishing, illegal logging
and smuggling of logs, smuggling of natural
resources products and of endangered species of
flora and fauna, slash and burn farming, and such
other activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;

 Section 468. Powers, Duties, Functions and

Compensation.
(a) The sangguniang panlalawigan, as the legislative
body of the province, shall enact ordinances, approve
resolutions and appropriate funds for the general
welfare of the province and its inhabitants pursuant to
Section 16 of this Code in the proper exercise of the
corporate powers of the province as provided for under
Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary
for an efficient and effective provincial government
and, in this connection, shall:

 (vi) Protect the environment and impose

appropriate penalties for acts which endanger
the environment, such as dynamite fishing and
other forms of destructive fishing, illegal logging
and smuggling of logs, smuggling of natural
resources products and of endangered species of
flora and fauna, slash and burn farming, and such
other activities which result in pollution
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;

 4) Approve ordinances which shall ensure the

efficient and effective delivery of basic services
and facilities as provided for under Section 17 of
this Code, and, in addition to said services and
facilities, shall:
(i) Adopt measures and safeguards against
pollution and for the preservation of the natural
ecosystem in the province, in consonance with
approved standards on human settlements and
environmental sanitation;

 (4) For a City:

All the services and facilities of the
municipality and province, and in addition
thereto, the following:
(1) Adequate communication and
transportation facilities;

 Republic Act No. 9275

March 22, 2004
AN ACT PROVIDING FOR A COMPREHENSIVE
WATER QUALITY MANAGEMENT AND FOR
OTHER PURPOSES

 SECTION 20. Role of Local Government Units. - Local

government units shall share the responsibility in the
management and improvement of water quality within
their territorial jurisdictions.
Each local government unit shall within six (6) months
after the establishment of the water quality
management area action plan prepare a compliance
scheme in, accordance thereof, subject to review and
approval of the governing board.
Each local government unit shall, through its
Environment and Natural Resources Office (ENRO)
established in Republic Act No.7160, have the following
powers and functions:
a) Monitoring of water quality;
b) Emergency response;

 c) Compliance with the framework of the Water Quality

Management Action Plan;
d) To take active participation in all efforts concerning
water quality protection and rehabilitation; and
e) To coordinate with other government agencies and civil
society and the concerned sectors in the implementation of
measures to prevent and control water pollution: Provided,
however, That in provinces/cities/municipalities where
there are no environment and natural resources officers,
the local executive concerned may, with the approval of the
Secretary of the DENR designate any of his official and/or
chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee: Provided, finally, That
in case an employee is designated as such, he must have
sufficient experience in environmental and natural
resources management, conservation and utilization.

 SECTION 21. Business and Industry Role in

Environmental Management. - The Department
and the LGUs, in coordination with the
appropriate government agencies. and in
consultation with the business and industrial
sectors including commerce, shall formulate
appropriate incentives for the adoption
procedures that will preserve and protect our
water bodies through the introduction of
innovative equipment and processes that reduce
if totally eliminate discharge of pollutants into
our water bodies

 REPUBLIC ACT
No. 8749
Subject: AN ACT PROVIDING FOR A
COMPREHENSIVE AIR
POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:

 SEC. 2. Declaration of Principles. - The State shall

protect and advance the right of the people to
a balanced and healthful ecology in accord with
the rhythm and harmony of nature.
The State shall promote and protect the global
environment to attain sustainable development
while recognizing the primary responsibility of
local government units to deal with
environmental problems

 SEC. 8. Air Quality Control Action Plan.Within six (6) months after the formulation of
the framework, the Department shall, with
public participation, formulate and implement
an air quality control action plan
consistent with Sec. 7 of this Act. The action
plan shall:

 Likewise, the LGUs, with the assistance from the

Department, shall prepare and develop an action
plan consistent with the Integrated Air Quality
Improvement Framework to attain and maintain the
ambient air quality standards within their respective
airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to
the Department a procedure for carrying out the action
plan for their jurisdiction. The Department, however, shall
maintain its authority to independently inspect the
enforcement procedure adopted. The Department shall
have the power to closely supervise all or parts of the air
quality action plan until such time the local government
unit concerned can assume the function to enforce the
standards set by the Department.

 SEC. 20. Ban on Incineration.- Incineration, hereby defined as the

burning of municipal, biomedical and hazardous waste, which
process emits poisonous and toxic fumes is hereby prohibited;
Provided, however, That the prohibition shall not apply to
traditional small-scale method of community/neighborhood
sanitation siga, traditional, agricultural, cultural, health, and food
preparation and crematoria; Provided, further, That existing
incinerators dealing with a biomedical wastes shall be out within
three (3) years after the effectivity of this Act; Provided, finally, that
in the interim, such units shall be limited to the burning of
pathological and infectious wastes, and subject to close monitoring
by the Department.
Local government units are hereby mandated to promote,
encourage and implement in their respective jurisdiction a
comprehensive ecological waste management that includes waste
segregation, recycling and composting.

 SEC. 36. Role of Local Government Units.- Local Government Units

(LGUs) shall share the responsibility in the management and
maintenance of air quality within their territorial jurisdiction.
Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within
their jurisdiction; Provided, however, That in case where the
board has not been duly constituted and has not promulgated its
standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance,
trainings and a continuing
capability-building program to prepare them to undertake full
administration of the air quality management and regulation within
their territorial jurisdiction.

 REPUBLIC ACT NO. 9003 (ECOLOGICAL SOLID

WASTE MANAGEMENT ACT OF 2000)

 Sec. 2. Declaration of Policies. - It is hereby

declared the policy of the State to adopt a
systematic, comprehensive and ecological solid
waste management program which shall
g) Retain primary enforcement and
responsibility of solid waste management with
local government units while establishing a
cooperative effort among the national
government, other local government units, nongovernment organizations, and the private
sector;

 Sec. 10. Role of LGUs in Solid Waste Management. Pursuant to the relevant provisions of R. A. No. 7160,
otherwise known as the Local government code, the
LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of
this Act within their respective jurisdictions.
Segregation and collection of solid waste shall be
conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
Provided, That the collection of non-recyclable
materials and special wastes shall be the
responsibility of the municipality or city.

 Sec. 11. Provincial Solid Waste Management Board. - A Provincial

Solid Waste Management board shall be established in every
province, to be chaired by the governor. Its members shall
include:
(a) All the mayors of its component cities and municipalities; (b)
One (1) representative from the Sangguniang Panlalawigan to be
represented by the chairperson of either the Committees on
Environment or Health or their equivalent committees, to be
nominated by the presiding officer;
(c) The provincial health and/or general services officers,
whichever may be recommended by the governor;
(d) The provincial environment and natural resources officer;
(e) The provincial engineer;
(f) Congressional representatives from each congressional district
within the province;

 (g) A representative from the NGO sector whose principal purpose is to

promote recycling and the protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or packaging industry; and
(j) A representative of each concerned government agency possessing
relevant technical and marketing expertise as may be determined by the
board.
The Provincial Solid Waste Management Board may, from time to time,
call on any other concerned agencies or sectors as it may deem
necessary: Provided, That representatives from the NGOs, recycling and
manufacturing or packaging industries shall be selected through a
process designed by themselves and shall be endorsed by the
government agency of representatives of the Board: Provided, further,
that in the Province of Palawan, the Board shall be chaired by the
chairman of the Palawan Council for Sustainable Development, pursuant
to Republic Act No. 7611.

 Sec. 16. Local Government Solid Waste Management Plans. - The

province, city or municipality, through its local solid waste management
boards, shall prepare its respective 10-year solid waste management
plans consistent with the national solid waste management framework:
Provided, That the waste management plan shall be for the re-use,
recycling and composting of wastes generated in their respective
jurisdictions: Provided, further, That the solid waste management plan of
the LGU shall ensure the efficient management of solid waste generated
within its jurisdiction. The plan shall place primary emphasis on
implementation of all feasible re-use, recycling, and composting
programs while identifying the amount of landfill and transformation
capacity that will be needed for solid waste which cannot be re-used,
recycled, or composted. The plan shall contain all the components
provided in Sec. 17 of this Act and a timetable for the implementation of
the solid waste management program in accordance with the National
Framework and pursuant to the provisions of this Act: Provided, finally,
That it shall be reviewed and updated every year by the provincial, city
or municipal solid waste management board.

 For LGUs which have considered solid waste management

alternatives to comply with Sec. 37 of this Act, but are
unable to utilize such alternatives, a timetable or schedule
of compliance specifying the remedial measure and
eventual compliance shall be included in the plan.
All local government solid waste management plans shall
be subjected to the approval of the Commission. The plan
shall be consistent with the national framework and in
accordance with the provisions of this Act and of the
policies set by the Commission; Provided, That in the
province of Palawan, the local government solid waste
management plan shall be approved by the Palawan
Council for Sustainable Development, pursuant to R. A. No.
7611.

 IN PRACTICE

 Power the laws are interpreted to maximum

limits possible to maximize the power and
authority of the party
Responsibility- the laws are interpreted to the
minimum to minimize the responsibility of the
interested party

 In good faith a number of bureaucrats got

carried away with the power and authority of
their office
They require extensive documentations and
procedures to support applications
They require unnecessary documents and
unnecessary procedures
_ As a result they swamp their offices with paper
works and exceed storage for documents
_ Public takes time to comply with unnecessary and
duplicative requirements and procedures

 Governance becomes a potential issue as

compliance to the documentation and
procedural requirements are unreasonable
and difficult to comply
The public becomes cynical and distrustful of
the unreasonable and unnecessary
documentation and procedure
The public suspect that there are other
reasons for the unnecessary and unreasonable
documentation and procedures

 PUBLIC SERVICE EFFICIENCY AND PUBLIC

TRUST TO THE BUREACRACY DECLINES

In other countries
One of the main work of the ombudsman is to
remove inefficiency in the delivery of public
service. That is the bureaucrat is correct and
has every right to impose the unreasonable
and unnecessary documentation and
procedures but if the documentations and
procedures have little or no benefits or it
makes the delivery of public service
inefficient, the ombudsman could action
based on complaints or on its own initiatives

 For example in Australia- the ombudsman found

51 per cent of the cases investigated, the
bureaucrat has legal authority to require
additional documentation and procedure but the
ombudsman ruled and publicized that those
documentation and procedures have little or no
additional value, lowers the efficiency of the
delivery of public service, unjust as it effectively
impose extra burden on the poor who may not
have the resources to access the information or
capacity to interpret and to complex procedures.

Impact of Action
Publicity and damaged reputation of the
bureaucrat and office is more important than
large fines and penalties
Publicity is made to deter other bureaucrats from
making similar unnecessary requirements
Suspension and fines may be imposed but
normally it is very light from one day to one week
suspension or forfeiture of one to two days of
salary

 Search of the internet shows this is a standard

practice of the ombudsman in most
developed countries
For European Union and its Ombudsman
reference to the link:
http://www.ombudsman.europa.eu/atyourser
vice/nationalombudsmen.faces

 Article XI of the Philippine constitution gives

similar duties and function of the Ombudsman
Section 13. The Office of the Ombudsman
shall have the following powers, functions,
and duties:
Investigate on its own, or on complaint by any
person, any act or omission of any public
official, employee, office or agency, when such
act or omission appears to be illegal, unjust,

improper, or inefficient.

 Filipino Public Officials not just accountable of

illegal actions but also for actions that are
unjust, improper and inefficient

 In fact the powers, functions and duties of the

Ombudsman goes beyond disciplining the
bureaucrat:
The Ombudsman
Sec 13-7 Determine the causes of inefficiency,
red tape, mismanagement, fraud, and corruption
in the Government and make recommendations
for their elimination and the observance of high
standards of ethics and efficiency.

 Again the Ombudsman could use the same tactic

of discouraging public officials from getting
carried away with their power and authority by
making unnecessary requirements by publicizing
its investigation
Sec 13-6 of the Philippine constitution
Section 13. The Office of the Ombudsman shall
have the following powers, functions, and duties
6 . Publicize matters covered by its investigation
when circumstances so warrant and with due
prudence

 Test for unjust, improper and inefficient

procedures and requirements
What are the resources ( money, time,
equipment , expertise ) required to comply ?
Will the poor or small businesses not be put at
a disadvantage?
What is the value added by the additional
requirements compared to its benefits?

 What is the implications if the requirement is

removed? Are the adverse impacts on the integrity of
the public service justify retaining those
requirements? For example, if it will affect less than 1
per cent, is it justified to retain the requirements and
let the 99 per cent of the public comply or is it more
efficient to refer the special case to higher authorities?
Is the office the right office to require those procedures
and documentations? For example, EMB may require
every PCO and pollution control treatment plant
operator to undergo weekly drug test on the ground
drug addicts when high may cause the plant to
malfunction and destroy the environment. Is this
better addressed by the police or PDEA and plant
management rather than EMB?

 The other 46 per cent of the cases are

bureaucrats exercising powers and authorities
that they are not authorizedultra vires
acts
Very common in cross cutting issues such as
the environment, land use and development
planning

 If acts by bureaucrats authorized by law but

are unnecessary, impedes the delivery of
public services or increase inefficiency or red
tapes are subject to review and sanction by
the Ombudsman, then ultra vires act should
be dealt more promptly and with a higher
penalty.

 While the temptation and implication of misgovernance is there when a bureaucrat

requires additional documentation and
complicates procedures, it is difficult to prove
and expensive. The cost of compliance to misgovernance is much lower than playing along
with the bureaucrat. Under present set up
ultra vires acts falls under the Anti-corruption
legislation and only if it proven the bureaucrat
acted in a corrupt manner.

 However, it is the development of the whole

nation that will suffer
The country will become a republic of a
million kingdoms with each bureaucrat in its
own small way making at his discretion his
own requirements and procedures

 Thank you