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Envi Laws
Envi Laws
1. Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with
a fine of not less than Three hundred pesos (P300.00) but not more than One thousand
pesos (P1,000.00) or render community service for not less than one (1) day to not more
than fifteen (15) days to an LGU where such prohibited acts are committed, or both;
2. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished
with a fine of not less than Three hundred pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or imprisonment of not less than one (1) day to not more than
fifteen (15) days, or both;
3. Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon conviction, be
punished with a fine of not less than One thousand pesos (P1,000.00) but not more than
Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) days but
not more than six (6) months, or both;
4. Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for the first time shall, upon
conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not
less than five percent (5%) but not more than ten percent (10%) of his net annual income
during the previous year.
The additional penalty of imprisonment of a minimum period of one (1) year, but not to
exceed three (3) years at the discretion of the court, shall be imposed for second or
subsequent violations of Sec. 48, paragraphs (9) and (10).
5. Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be punished
with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Two
hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days
but not more than three (3) years, or both;
6. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be
punished with a fine not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year
but not more than six (6) years, or both.
REPUBLIC ACT NO. 6969AN ACT TO CONTROL TOXIC SUBSTANCES
AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES
FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES
a) (i) The penalty of imprisonment of six (6) months and one (1) day to six (6) years and one (1)
day and a fine ranging from Six hundred pesos (P600.00) to Four thousand pesos (P4,000.00)
shall be imposed upon any person who shall violate Section 13(a) to (c) of this Act and shall not
be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and
barred from any subsequent entry into the Philippines after serving his or her sentence;
ii) In case any violation of this Act is committed by a partnership, corporation, association or any
juridical person, the partner, president, director or manager who shall consent to or shall
knowingly tolerate such violation shall be directly liable and responsible for the act of the
employees and shall be criminally liable as a co-principal;
(iii) In case the offender is a government official or employee, he or she shall, in addition to the
above penalties, be deemed automatically dismissed from office and permanently disqualified
from holding any elective or appointive position.
b) (i) The penalty of imprisonment of twelve (12) years and one (1) day to twenty (20) years,
shall be imposed upon any person who shall violate Section 13(d) of this Act. If the offender is a
foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines
after serving his or her sentence;
(ii) In the case of corporations or other associations, the above penalty shall be imposed upon
the managing partner, president or chief executive in addition to an exemplary damage of at least
Five hundred thousand pesos (P500,000.00). If it is a foreign firm, the director and all the
officers of such foreign firm shall be barred from entry into the Philippines, in addition to the
cancellation of its license to do business in the Philippines;
(iii) In case the offender is a government official or employee, he or she shall in addition to the
above penalties be deemed automatically dismissed from office and permanently disqualified
from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing,
sale or distribution of chemical substances or mixtures into or within the Philippines shall carry
with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful
act and instruments, tools or other improvements including vehicles, sea vessels, and aircrafts
used in or with which the offense was committed. Chemical substances so confiscated and
forfeited by the Government at its option shall be turned over to the Department of Environment
and Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into the country
of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited
wastes;
REPUBLIC ACT NO. 9275 AN ACT PROVIDING FOR A
COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR
OTHER PURPOSES
Any person who commits any of the prohibited acts provided in the immediately preceding
section or violates any of the provision of this Act or its implementing rules and regulations,
shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less
than Ten thousand pesos (₱10,000.00) nor more than Two hundred thousand pesos
(₱200,000.00) for every day of violation. The fines herein prescribed shall be increased by ten
percent (10%) every two (2) years to compensate for inflation and to maintain the deterrent
function of such fines: Provided, That the Secretary, upon recommendation of the PAB may
order the closure, suspension of development or construction, or cessation of operations or,
where appropriate disconnection of water supply, until such time that proper environmental
safeguards are put in place and/or compliance with this Act or its rules and regulations are
undertaken
Such failure or refusal which results in serious injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine water shall be punished with imprisonment
of not less than six (6) years and one (1) day and not more than twelve (12) years, and a fine of
Five hundred thousand pesos (₱500,000.00) per day for each day during which the omission
and/or contamination continues.
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the
proper government agencies file criminal charges against the violators. Gross violation shall
mean any of the following:
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic
amounts;
c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals
or operating despite the existence of an order for closure, discontinuance or cessation of
operation.
In which case, offenders shall be punished with a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00) per day for each day
of violation or imprisonment of not less than six (6) years but not more than ten (10) years, or
both, at the discretion of the court. If the offender is a juridical person, the president, manager
and the pollution control officer or the official in charge of the operation shall suffer the penalty
herein provided.
For violations falling under Sec. 4 of Presidential Decree No.979 or any regulations prescribed in
pursuance thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos
(P50,000.00) nor more than One million pesos (P1,000,000.00) or by imprisonment of not less
than one (1) year nor more than six (6) years or both, for each offense, without prejudice to the
civil liability of the offender in accordance with existing laws. If the offender is a juridical entity,
then its officers, directors, agents or any person primarily responsible shall be held liable:
Provided, That any vessel from which oil or other harmful substances are discharged in violation
of Sec. 4 of Presidential Decree No.979 shall be liable for penalty of fine specified in the
immediately preceding paragraph and clearance of such vessel from the port of the Philippines
may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel
which may be recovered in proceedings by libel in rem in the proper court which the vessel may
be. The owner or operator of a vessel or facility which discharged the oil or other harmful
substances will be liable to pay for any clean-up costs.
Any person found guilty of any of the offenses enumerated under Section 7 hereof shall be
punished by imprisonment from two (2) years to six (6) years or a fine ranging from Twenty
thousand pesos (P20,000) to five hundred thousand pesos (P500,000.00) or both at the discretion
of the Court:
Provided, That the person furnishing the capital to accomplish the acts punishable herein shall be
punished by imprisonment from six (6) yrs and one (1) day to eight (8) years or by a fine ranging
from Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) or both
at the Discretion of the Court.
Provided, further, That if the area requires rehabilitation or restoration as determined by the
Court, the offender shall also be required to restore the same, whenever practicable or
compensate for the damage: Provided, finally, that if the offender is a government employee, he
or she shall likewise be removed from office.
REPUBLIC ACT NO. 7586 AN ACT PROVIDING FOR THE
ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM
Whoever violates this Act or any rules and regulations issued by the Department pursuant to this
Act or whoever is found guilty by a competent court of justice of any of the offenses in the
preceding section shall be fined in the amount of not less than Five thousand pesos (P5,000) nor
more than Five hundred thousand pesos (P500,000), exclusive of the value of the thing damaged
or imprisonment for not less than one (1) year but not more than six (6) years, or both, as
determined by the court:
Provided, that, if the area requires rehabilitation or restoration as determined by the court, the
offender shall be required to restore or compensate for the restoration to the damages:
Provided, further, that court shall order the eviction of the offender from the land and the
forfeiture in favor of the Government of all minerals, timber or any species collected or removed
including all equipment, devices and firearms used in connection therewith, and any construction
or improvement made thereon by the offender. If the offender is an association or corporation,
the president or manager shall be directly responsible for the act of his employees and laborers:
Provided, finally, that the DENR may impose administrative fines and penalties consistent with
this Act
Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any
pollution or air quality standards under this Act or its rules and regulations, the Department,
through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One
hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator
of a stationary source until such time that the standards have been complied with.
Provided, That in case of negligence, the first time offender's ability to pay may likewise be
considered by the Pollution Adjudication Board:
Provided, Further, That in the absence of any extenuating or aggravating circumstances, the
amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years
to compensate for inflation and to maintain the deterrent function of such fines.
Section 46. Violation of Standards for Motor Vehicles
the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control
management conducted by the DOTC and shall also suffer the following penalties:
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to
exceed Four Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and
a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand
pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and
maintenance program, including technicians and facility compliance shall penalized with a fine
of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the
technician and the center, or both, as determined by the DTI.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in this Act and of the rules and regulations
thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred
thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be
imposed. If the offender is a juridical person, the president, manager, directors, trustees, the
pollution control officer or the officials directly in charge of the operations shall suffer the
penalty herein provided.
SECTION 28. Penalties for Violations of this Act. — For any person who undertakes illegal
acts under paragraph (a) of the immediately preceding section to any species as may be
categorized pursuant to this Act, the following penalties and/or fines shall be imposed:
(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a
fine of One hundred thousand pesos (100,000.00) to One million pesos (1,000,000.00), if
inflicted or undertaken against species listed as critical;
(b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand
pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken
against endangered species;
(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or
undertaken against vulnerable species; ADEHTS
(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty
thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against other threatened species; and
(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand
pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken
against other wildlife species.
ENVIRONMENTAL
LAWS
AND
PROTECTION