Environmental Policy (PD
No. 1151, 1977)
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PHILIPPINE
ENVIRONMENTAL POLICY
Presidential
Decree No. 1151
-
Whereas, the individual
and, at times, conflicting demands of population growth, urbanization,
industrial expansion, rapid natural resources utilization and increasing
technological advances have resulted in a piece meal approach concept of
environmental protection;
-
Whereas, such tunnel-vision
concept is not conducive to the attainment of an ideal environmental situation
where man and nature can thrive in harmony with one another; and
-
Whereas, there is now an
urgent need to formulate an intensive, integrated program of environmental
protection that will bring about a concerted effort towards the protection
of the entire spectrum of the environment through a requirement of environmental
impact assessments and statements;
Now, therefore, I, Ferdinand
E. Marcos, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby order and decree:
Section 1
Policy
It is hereby declared
a continuing policy of the State
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to create, develop, maintain,
and improve conditions under which man and nature can thrive in productive
and enjoyable harmony with each other,
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to fulfill the social,
economic and other requirements of present and future generations of Filipino,
and
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to insure the attainment
of an environmental quality that is conducive to a life of dignity and
well-being.
Section 2
Goal
In pursuing this policy,
it shall be the responsibility of the Government, in cooperation with concerned
private organizations and entities, to use all practicable means, consistent
with other essential considerations of national policy, in promoting the
general welfare to the end that the Nation may
-
recognize, discharge and
fulfill the responsibilities of each generation as trustee and guardian
of the environment for succeeding generations,
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to assure the people of
a safe, decent, healthful, productive and aesthetic environment,
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encourage the widest exploitation
of the environment without degrading it, or endangering human life, health
and safety or creating conditions adverse to agriculture, commerce and
industry,
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preserve important historic
and cultural aspects of the Philippine heritage,
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attain a rational and orderly
balance between population and resource use, and
-
improve the utilization
of renewable and non-renewable resources.
Section 3
Right to a Healthy Environment
In furtherance of these
goals and policies, the Government recognizes the right of the people to
a healthy environment. It shall be the duty and responsibility of each
individual to contribute to the preservation and enhancement of the Philippine
environment.
Section
4 Environmental Impact Statement
Pursuant to the above
enunciated policies and goals, all agencies and instrumentalities of the
national government, including government-owned or controlled corporations,
as well as private corporations, firms and entities shall prepare, file
and include in every action, project or undertaking which significantly
affects the quality of the environment a detailed statement on:
-
the environmental impact
of the proposed action, project or undertaking;
-
any adverse environmental
effect which cannot be avoided should the proposal be implemented;
-
alternative to the proposed
action;
-
a determination that the
short-term uses of the resources of the environment are consistent with
the maintenance and enhancement of the long-term productivity of the same;
and
-
whenever a proposal involves
the use of depletable or nonrenewable resources, a finding must be made
that such use and commitment are warranted.
Before an environmental
impact statement is issued by a lead agency, all agencies having jurisdiction
over, or special expertise on, the subject matter involved shall comment
on the draft environmental impact statement made by the lead agency within
thirty (30) days from the receipt of the same.
Section 5
Agency Guidelines
The different agencies
charged with environmental protection as enumerated in Letter of Instruction
No. 422 shall sixty (60) days from the effectivity of this Decree, submit
to the National Environmental Protection Council (NEPC), their respective,
guidelines, rules and regulations to carry out the provisions of Section
4 hereof on environmental impact assessments and statements.
Section 6
Repealing Clause
All Acts, Presidential
Decrees, executive orders, rules and regulations or parts thereof which
are inconsistent with the provisions of this Decree are hereby repealed,
amended or modified accordingly.
Section 7
Effectivity
This Decree shall take
effect immediately.
Done in
the City of Manila this 6th of June
in the
year of Our Lord nineteen hundred and seventy-seven.
(signed)
Ferdinand E. Marcos
President,
Republic of the Philippines
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Acknowledgement: Text from "Environmental Law in the Philippines".
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last updated 1st August 1998
Asia-Pacific Centre for Environmental
Law
Faculty of Law
National University of Singapore
© 1998