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PRESIDENTIAL DECREE NO. 1160
PRESIDENTIAL DECREE NO. 1160 -
VESTING AUTHORITY IN BARANGAY CAPTAINS TO ENFORCE POLLUTION AND
ENVIRONMENTAL CONTROL LAWS AND FOR OTHER PURPOSES
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WHEREAS,
the National Government has taken cognizance of the increasing problems
and grave danger brought about by pollution, ecological imbalance and
other environmental disturbance throughout the country; chanroblesvirtualawlibrary
WHEREAS, in order to contain such problems and obviate any further
aggravation of the consequent danger to public health, safety, national
interest and survival of the present and future generations, there is
need for a more vigorous, coordinated and effective method of enforcing
national and local laws, ordinances, rules and regulations that
prohibit, control or regulate activities which create imbalance between
man and his natural environment; chanroblesvirtualawlibrary
WHEREAS, it is expedient to involve and mobilize the Barangays in a
concerted and sustained national campaign to minimize, if not totally
eradicate, the causes of disharmony between man's economic needs and
his environmental conditions;chanroblesvirtualawlibrary
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 as part of the laws of the land, the following:cralaw:red
Section 1. Deputizing the Barangay Captain, the
Barangay Councilman and Barangay Zone Chairman as Peace Officers. — All
laws to the contrary notwithstanding, the Barangay Captain, the
Barangay Councilman, and the Barangay Zone Chairman are hereby
deputized as peace officers, with authority to effect arrest of
violators in accordance with law, for purposes of enforcing and
implementing national and local laws, ordinances and rules and
regulations governing pollution control and other activities which
create imbalance in the ecology or disturbance in environmental
conditions. chanroblesvirtualawlibrary
Section 2. National and Local Laws Defined. — For
purposes of this Decree, national and local laws, ordinances and
rules and regulations governing pollution control and other
activities which create imbalance in the ecology or disturbance
in environmental conditions shall be understood to be those designed to
prohibit, control or regulate the contamination of the soil, the water
or ther with poisonous, destructive, unwholesome or undesirable
materials, chemicals, gases, elements or substances so as to
render the soil, water orr unsafe for use of human, animal or aquatic
or plant life; or those that are provided to prohibit, control or
regulate activities that cause ecological imbalance or
environmental disturbance, including, but not limited to,
denudation of forest or watershed that precipitates soil erosion,
floods, drying up of rivers, lakes and streams or uncontrolled
change or alteration of natural water course and other similar
occurrences.
Section 3. Method of Enforcement and Implementation.
— The criminal aspect, such as the arrest and prosecution of
offenders, and the civil and administrative aspects, such as the
summary or judicial abatement of a thing, act or condition that
constitutes nuisance, or the cancellation of the government license or
permit for the existence of a thing, act or condition that gives rise
to a nuisance, shall be vigorously enforced and implemented.
Section 4. Preferential Disposition of Cases. — The
courts and proper prosecuting or administrative officials or agencies
shall give preference to the expeditious disposition of cases
involving a violation of the laws, ordinances, rules and
regulations referred to in Section 2 of this Decree when the
magnitude of the violation is such as to adversely affect an
entire or major portion of a community as may be certified to by
the National Pollution Control Commission or the National
Environmental Protection Council as the case may be. chanroblesvirtualawlibrary
Section 5. Rules and Regulations. — The National
Environmental Protection Council shall promulgate the necessary
rules and regulations for the effective implementation of this
Decree.
Section 6. Repealing Clause. — All laws, decrees,
orders, instructions or rules and regulations which are
inconsistent with this Decree are hereby repealed or modified
accordingly.
Section 7. Effectivity. — This Decree takes effect
upon approval.
Done in the City of Manila this
8th day of June, in the year of Our Lord, nineteen hundred and
seventy-seven.
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