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PRESIDENTIAL DECREE NO. 984
PRESIDENTIAL DECREE NO. 984 -
PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY KNOWN AS
THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
there is a need to modify the organizational structure of the NATIONAL
POLLUTION CONTROL COMMISSION to make it more effective and efficient in
the discharge of its functions and responsive to the demands of the
times occasioned by the accelerative phase of the country's
industrialization program;chanroblesvirtualawlibrary
WHEREAS, there is an imperative need to strengthen this Commission to
best protect the people from the growing menace of environmental
pollution; and
WHEREAS, it is urgently necessary to maintain the role of the
Commission as the primary agency responsible for the prevention and
control of environmental pollution; 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 the revision of Republic Act No. 3931, to be known as
the "National Pollution Control Decree of 1976," to read as follows:cralaw:red
Section 1. Statement of Policy. — It is hereby
declared a national policy to prevent, abate and control pollution of
water,r and land for the more effective utilization of the resources of
this country.
Section 2. Definitions. — As used in this Decree:cralaw:red
(a) "Pollution" means any alteration of the
physical, chemical and biological properties of any water,r and/or land
resources of the Philippines, or any discharge thereto of any liquid,
gaseous or solid wastes as will or is likely to create or to render
such water,r and land resources harmful, detrimental or injurious to
public health, safety or welfare or which will adversely affect their
utilization for domestic, commercial, industrial, agricultural,
recreational or other legitimate purposes.
(b) "Sewage" means the water-carried human or animal
wastes from residences, buildings, industrial establishments, or other
places, together with such water infiltration and surface water as may
be present. The admixture or sewage and industrial wastes or other
wastes as hereafter defined shall also be considered "sewage."
(c) "Industrial Waste" means any liquid, gaseous or
solid matter, or other waste substance or a combination thereof
resulting from any process of industry, manufacturing trade or business
or from the development, processing or recovery or any natural
resources which may cause or tend to cause pollution, or contribute to
the pollution of the water,r and land resources of the Philippines.
(d) "Other Waste" means garbage, refuse, wood
residues, sand, lime cinders, ashes, offal, night-oil, tar, dye stuffs,
acids, chemicals, and other substances not sewage or industrial waste
which may cause or tend to cause pollution; or contribute to the
pollution of the water,r and land resources of the Philippines.
(e) "Sewage System or Sewerage System" means pipe
lines or conduits, pumping stations, force mains, constructed drainage
ditches, and all other constructions, devices, and appurtenances used
for collecting or conducting sewage, and industrial wastes or other
wastes to a point of treatment, discharge or ultimate disposal. chanroblesvirtualawlibrary
(f) "Treatment Works" means any method, construction
device or appliance appurtenant thereto, installed for the purpose of
treating, neutralizing, stabilizing, disinfecting, or disposing of
sewage, industrial waste or other wastes, or for the recovery of
by-product from such sewage, industrial waste or other wastes.
(g) "Sewage Works" means individually or
collectively those constructions or devices use for collecting,
pumping, treating, and disposing of sewage, industrial wastes or other
waste, or for the recovery of by-products from such sewage, industrial
waste or other waste.
(h) "Outlet" means the terminus of a sewage works or
point of emergence in the water,r and land resources of the Philippines
of any sewage, industrial wastes or other wastes.
(i) "Commission" means the National Pollution
Control Commission.
(j) "Person" or "Persons" includes any being,
natural or juridical, susceptible of rights and obligations or of being
the subject of legal relations.
Section 3. Creation of the National Pollution Control
Commission; Members. — There is hereby created and established a
National Pollution Control Commission under the Office of the
President. The Commission shall be headed by one full-time commissioner
and assisted by two full-time deputy commissioners, one of whom shall
be responsible for standard-setting and monitoring and the other for
enforcement.
The Commissioner shall be a man of proven executive ability. The Deputy
Commissioner for Standard-Setting and Monitoring shall preferably be a
sanitary engineer, while the Deputy Commissioner for Enforcement shall
preferably be a lawyer. The Commissioner and the Deputy Commissioners
must have technical expertise in the field of pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the
President of the Philippines.
Section 4. Inter-Agency Advisory Council. — There is
created an Inter-Agency Advisory Council, attached to the Commission,
which shall be composed of representatives designated by the
Secretaries of the Department of Agriculture, Health, Industry,
Justice, Labor, Local Government and Community Development, National
Defense, Natural Resources, and Public Works, Transportation and
Communications; the heads of the Laguna Lake Development
Authority, National Economic and Development Authority, the
National Science Development Board and the Human Settlements
Commission. The Commissioner shall head the Inter-Agency Advisory
Council. Representatives from the private sector as may be affected,
may be invited to the deliberations of the Council.
Section 5. Organization of the Commission. — The
Commission shall have a Water Pollution Control Division, anr Pollution
Control Division, a Research and Development Division, a Legal
Division, an Administrative Division and such other divisions or units
as may be approved in the General Appropriation Act. Nothing herein
contained shall be construed as to automatically terminate or abolish
any existing position in the Commission nor shall it be construed as a
prohibition against termination of any position.
The Commission shall also establish such regional offices as may be
necessary.
The Commission shall provide such technical, scientific and other
services, including the necessary laboratory and other facilities as
may be required to carry out the provisions of this Decree: Provided,
That the Commission may secure such services as it may deem necessary
from other agencies of the National Government, and may make
arrangements for the compensation of such services. The Commission may
also employ and compensate, within appropriations available therefor,
such consultants, experts, advisors, or assistants on a full or
part-time basis as may be necessary, coming from government or private
business entities, associations, or from local or foreign
organizations, to carry out the provisions of this decree any may
prescribe their powers, duties and responsibilities.
The Commission may conduct scientific experiments, investigations and
research to discover economical and practical methods of preventing
water,r and land pollution. To this end, the Commission may cooperate
with any public or private agency in the conduct of such experiments,
investigations and research, and may accept sums of money, for and in
behalf of the National Government, given by any international, national
or other public or private agency for water,r and land pollution
control activities, surveys or programs. chanroblesvirtualawlibrary
Section 6. Powers and Functions. — The Commission
shall have the following powers and functions:cralaw:red
(a) Determine the location, magnitude, extent,
severity, causes, effects and other pertinent information regarding
pollution of the water,r and land resources of the country; take such
measures, using available methods and technologies, as it shall deem
best to prevent or abate such pollution; and conduct continuing
researches and studies on the effective means for the control and
abatement of pollution.
(b) Develop comprehensive multi-year and annual
plans for the abatement of existing pollution and the prevention of new
or imminent pollution, the implementation of which shall be consistent
with the national development plan of the country. Such plans shall
indicate priorities and programs during the year.
(c) Issue standards, rules and regulations to govern
the approval of plans and specifications for sewage works and
industrial waste disposal systems and the issuance of permits in
accordance with the provisions of this Decree; inspect the construction
and maintenance of sewage works and industrial waste disposal system
for compliance to plans.
(d) Adopt, prescribe, and promulgate rules and
regulations governing the procedures of the Commission with respect to
hearings, plans, specifications, designs, and other data for sewage
works and industrial waste disposal system, the filing of reports, the
issuance of permits, and other rules and regulations for the proper
implementation and enforcement of this Decree. chanroblesvirtualawlibrary
(e) Issue orders or decisions to compel compliance
with the provisions of this Decree and its implementing rules and
regulations only after proper notice and hearing.
(f) Make, alter or modify orders requiring the
discontinuance of pollution specifying the conditions and the time
within which such discontinuance must be accomplished.
(g) Issue, renew, or deny permits, under such
conditions as it may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage, industrial waste,
or for the installation or operation of sewage works and industrial
disposal system or parts thereof: Provided, however, That the
Commission, by rules and regulations, may require subdivisions,
condominium, hospitals, public buildings and other similar human
settlements to put up appropriate central sewerage system and sewage
treatment works, except that no permits shall be required of any new
sewage works or changes to or extensions of existing works that
discharge only domestic or sanitary wastes from a single residential
building provided with septic tanks or their equivalent. The Commission
may impose reasonable fees and charges for the issuance or renewal of
all permits herein required.
(h) After due notice and hearing, the Commission may
also revoke, suspend or modify any permit issued under this decree
whenever the same is necessary to prevent or abate pollution.
(i) Set up effluent, stream, ambient and emission
standards and promulgate rules and regulations therefor: Provided, That
local governments, development authorities, and other similar
government instrumentalities or agencies may set up higher standards
subject to the written approval of the Commission.
(j) Serve as arbitrator for the determination of
reparations, or restitution of the damages and losses resulting from
pollution. chanroblesvirtualawlibrary
(k) Deputize in writing or request assistance of
appropriate government agencies or instrumentalities for the purpose of
enforcing this Decree and its implementing rules and regulations and
the orders and decisions of the Commission.
(l) Consult, participate, cooperate and enter into
agreement with other agencies of the government, and with affected
political groups, political subdivisions, and enterprises in the
furtherance of the purpose of this Decree.
(m) Collect and disseminate information relating to
water,r, and land pollution and the prevention, abatement and control
thereof.
(n) Authorize its representative to enter at all
reasonable times any property of the public dominion and private
property devoted to industrial, manufacturing, processing or commercial
use without doing damage, for the purpose of inspecting and
investigating conditions relating to pollution or possible or imminent
pollution.
(o) Prepare and submit sixty days after the close of
each calendar year an annual report to the President and such periodic
reports of activities as may be required from time to time. The annual
report shall include the extent to which the objectives in the plans
referred to under Sec. 6 (b) have been achieved.
(p) Exercise such powers and perform such other
functions as may be necessary to carry out its duties and
responsibilities under this Decree.
Section 7. (a) Public Hearing. — Public hearings
shall be conducted by the Commissioner, Deputy Commissioners or any
senior official duly designated by the Commissioner prior to issuance
or promulgation of any order or decision by the Commissioner requiring
the discontinuance of discharge of sewage, industrial wastes or other
wastes into the water,r or land resources of the Philippines as
provided in this Decree: Provided, That whenever the Commission find a
prima facie evidence that the discharged sewage or wastes are of
immediate threat to life, public health, safety or welfare, or to
animal or plant life, or exceeds the allowable standards set by the
Commission, the Commissioner may issue an ex-parte order directing the
discontinuance of the same or the temporary suspension or cessation of
operation of the establishment or person generating such sewage or
wastes without the necessity of a prior public hearing. The said
ex-parte order shall be immediately executory and shall remain in force
until said establishment or person prevents or abates the said
pollution within the allowable standards, or modified or nullified by a
competent court.
All records of the proceedings of said hearings shall be filed with the
Commission. All inquiries, hearings, investigations and proceedings
conducted by the Commission shall be governed by rules adopted by the
Commission, and in the conduct thereof the Commission shall not be
bound by technical rules of evidence: Provided, That the Commissioners
or any of the duly designated Hearing Officers may summarily punish for
contempt, by a fine not exceeding two hundred pesos, any person
committing such misconduct in the presence of any of the Commissioners
or any of the duly designated Hearing Officers, or so near to them as
to seriously interrupt any hearing or session or any proceeding, or any
person willfully fails or refuses, without just cause, to comply with a
summon, subpoena, or subpoena duces tecum issued by the Commissioners
or by the duly designated Hearing Officer or, being present at a
hearing, session or investigation, refuses to be sworn as a witness or
to answer questions when lawfully required to do so. The Sheriff or
other police agencies of the place where the hearing or investigation
is conducted, shall, upon request of the Hearing Officer, assist in the
enforcement of the provisions of this paragraph.
(b) Appeal to Courts. — Any decision of the
Commission, in the absence of an appeal therefrom as herein provided,
shall become final fifteen days after the date of notification, and
judicial review thereof shall be permitted only after any party
claiming to be aggrieved thereby has exhausted the remedies before the
Commission. The Commission shall be deemed to be a party to any
judicial action involving any decision.
(c) Court Review. — The decision of the Commission
upon any disputed matter may be reviewed both upon the law and the
facts of the case by the Court of Appeals. For purposes of such review,
the procedure concerning appeals from the Court of First Instance shall
be followed. Appeal from a decision of the Commission must be perfected
within fifteen days from notification of such decision: Provided,
however, That any decision of the Commission involving only questions
of law, shall be appealed to the Supreme Court. No appeal shall stay
the execution of any order or decision of the Commission unless the
Commissioner himself or the Court of Appeals or the Supreme Court so
orders.
(d) Execution of Decision. — Any decision or order
of the Commission, after the same has become final and executory, shall
be enforced and executed in the same manner as decisions of Courts of
First Instance, and the Commission shall have the power to issue to the
City or Provincial Sheriff or duly constituted authorities whom it may
appoint, such writs of execution as may be necessary for the
enforcement of such decision or order and any person who shall fail or
refuse to comply with such decision, order, or writ, after being
required to do so shall, upon application by the Commission, be
punished by the proper court for contempt.
Section 8. Prohibitions. — No person shall throw,
run, drain, or otherwise dispose into any of the water,r and/or land
resources of the Philippines, or cause, permit, suffer to be thrown,
run, drain, allow to seep or otherwise dispose thereto any organic or
inorganic matter or any substance in gaseous or liquid form that shall
cause pollution thereof.
No person shall perform any of the following activities without first
securing a permit from the Commission for the discharge of all
industrial wastes and other wastes which could cause pollution: chanroblesvirtualawlibrary
(1) the construction, installation, modification or
operation of any sewage works or any extension or addition thereto;chanroblesvirtualawlibrary
(2) the increase in volume or strength of any wastes
in excess of the permissive discharge specified under any existing
permit;chanroblesvirtualawlibrary
(3) the construction, installation or operation of
any industrial or commercial establishments or any extension or
modification thereof or addition thereto, the operation of which would
cause an increase in the discharge of waste directly into the water,r
and/or land resources of the Philippines or would otherwise alter their
physical, chemical or biological properties in any manner not already
lawfully authorized.
Section 9. Penalties. — (a) Any person found
violating or failing to comply with any order, decision or regulation
of the Commission for the control or abatement of pollution shall pay a
fine not exceeding five thousand pesos per day for every day during
which such violation or default continues; and the Commission is hereby
authorized and empowered to impose the fine after due notice and
hearing.
The fines so imposed shall be paid to the Government of the Philippines
through the Commission, and failure to pay the fine in any case within
the time specified in the above-mentioned Order or Decision shall be
sufficient ground for the Commission to order the closure or the
stoppage in the operation of the establishment being operated and/or
managed by said person or persons until payment of the fines shall have
been made. The Commission shall have the power and authority to issue
corresponding writs of execution directing the City or Provincial
Sheriff or other peace officers whom it may appoint to enforce the fine
or the order of closure or stoppage of operations.
Payment of fines may also be enforced by appropriate action in a court
of competent jurisdiction. The remedies provided in this sub-section
shall not be a bar to nor shall affect any other remedies provided for
in this Decree but shall be cumulative and additional to such
remedies. chanroblesvirtualawlibrary
(b) Any person who shall violate any of the
provisions of Section Eight of this Decree or its implementing rules
and regulations, or any Order or Decision of the Commission, shall be
liable to a penalty of not to exceed one thousand pesos for each day
during which the violation continues, or by imprisonment of from two
years to six years, or by both fine and imprisonment, and in addition
such person may be required or enjoined from continuing such violation
as hereinafter provided.
(c) Any person who shall refuse, obstruct, or hamper
the entry of the duly authorized representatives of the Commission into
any property of the public domain or private property devoted to
industrial manufacturing, processing or commercial use during
reasonable hours for the purpose of inspecting or investigating the
conditions therein relating to pollution or possible or imminent
pollution, shall be liable to a fine not exceeding two hundred pesos or
imprisonment of not exceeding one month, or both.
(d) Any person who violates any of the provisions
of, or fails to perform any duty imposed by this Decree or its
implementing rules and regulations or by Order or Decision of the
Commission promulgated pursuant to this Decree hereby causing the death
of fish or other aquatic life, shall in addition to the penalty above
prescribed, be liable to pay the government for damages for fish or
aquatic life destroyed.
(e) In case the violator is a juridical person, the
penalty shall be imposed on the managing head responsible for the
violation.
Section 10. Jurisdiction. — The Commission shall
have no jurisdiction over waterworks or sewage system operated by the
Metropolitan Waterworks Sewerage System, but the rules and regulations
issued by the Commission for the protection and prevention of pollution
under the authority herein granted shall supersede and prevail over any
rules or regulations as may heretofore have been issued by other
government agencies or instrumentalities on the same subject. chanroblesvirtualawlibrary
In case of development projects involving specific human settlement
sites or integrated regional or sub- regional projects, such as the
Tondo Foreshore Development Authority and the Laguna Lake Development
Authority, the Commission shall consult with the authorities charged
with the planning and execution of such projects to ensure that their
pollution control standards comply with those of the Commission. Once
minimum pollution standards are established and agreed upon, the
development authorities concerned may, by mutual agreement and prior
consultation with the Commission, undertake the pollution control
activities themselves.
Section 11. Appropriations. — Such amount as may be
necessary to carry out the provisions of this Decree, which in no case
shall be less than five million pesos, is hereby appropriated yearly
for the operating expenses of the Commission out of any funds in the
National Treasury.
Section 12. Repealing Clause. — Any provision of
laws, presidential decree, executive order, rules and regulations
and/or parts thereof inconsistent with the provisions of this Decree,
are hereby repealed and/or modified accordingly.
Section 13. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 18th day of August, in the year of Our Lord, nineteen hundred and
seventy-six.
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