Establishing A Pollution Release and Transfer Registry (PRTR) in the Philippines A Briefer/Primer Defining and Understanding PRTRs Human beings are part of the environment, and our activities by necessity have an impact on the surrounding.1 Virtually all the earth’s ecosystems have been significantly transformed through human actions, causing widespread degradation of ecosystems, and have not improved even with the adoption of the Rio Declaration and the concept of sustainable development in 1992.2 The continuous increase in pollution levels and environmental degradation provides evidence of the fundamental What is a Pollution Release and failure of traditional law-making to change human Transfer Registry? behavior and patterns of production and consumption.3 This has resulted in perhaps the most significant PRTRs are catalogues or registries issues of our time, such as climate change and global of potentially harmful pollutant warming. releases or transfers to the environment from a variety of sources, including information on the nature and quantity of such releases and transfers to the air, water and soil as well as about wastes transported to treatment and disposal sites. It is a means for obtaining regular, periodic information about releases and/or transfers of chemical substances and for making this information accessible. It is a tool for promoting efficient and effective policies for environmental protection and sustainable development.
The Asian Development Bank (ADB) in a recent report cited the following as drivers of environmental change in the Asian region: rapid urbanization, increasing industrialization, agriculture intensification, climate change, and weak environmental enforcement and compliance.4
The Philippines has its own host of environmental problems that it has to deal with, some of which are: deforestation and loss of natural habitat due to illegal logging and expanding agricultural settlements; upland soil degradation and sedimentation of rivers due to hillside farming and intensified slash and burn cultivation; fishery depletion due to overfishing and use of destructive fishing methods; urban air pollution largely from the transport sector which uses cheap fuels and second-hand engines; and water pollution due mainly to untreated domestic effluents.5 These problems abound despite the fact that the country’s environment and natural resources sector, comprising of agriculture, marine resources and forestry, depend primarily on the country’s land, water, and soil resources, and contribute substantially to national gross domestic product.6 One of the major problems the global community is experiencing is the increase in the chemicals and hazardous wastes that is being emitted to the physical environment. Rapid industrial development in several regions of the world has led to significant increases in production of chemicals and to growing numbers of industrial facilities which require chemicals as raw materials or intermediates.7 According to Agenda 21, there are approximately 100,000 chemical substances in commerce, many of which appear as pollutants and contaminants in food, commercial products, and the various environmental media, but for a great number of which there is insufficient scientific information for the assessment of risk.8
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Basic Principles of a PRTR: a.
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PRTR systems should provide data to support the identification and assessment of possible risks to humans and the environment by indicating sources and amounts of potentially harmful releases and transfers to all environmental media. The PRTR data should be used to promote prevention of pollution at the source, e.g. by encouraging implementation of cleaner technologies. National governments should use PRTR data to evaluate the progress of environmental policies and to assess to what extent national environmental goals are, or can be, achieved. In devising a PRTR system or when modifying existing systems, governments should consult with affected and interested parties to develop a set of goals and objectives for the system and to identify potential benefits and estimate costs to reporters, government and society as a whole. PRTR systems should cover an appropriate number of substances which may be potentially harmful to humans and/or the environment into which they are released or transferred. PRTR systems should involve both the public and private sectors as appropriate: a PRTR should include those facilities or activities which might release and/or transfer substances of interest and, if appropriate, diffuse sources. To reduce duplicative reporting, PRTR systems should be integrated to the degree practicable with existing information sources such as licenses or operating permits. Both voluntary and mandatory reporting mechanisms for providing PRTR inputs should be considered with a view as to how best to meet national goals and objectives of the system. The comprehensiveness of any PRTR in helping to meet environmental policy goals should be taken into account, e.g. whether to include releases from diffuse sources ought to be determined by national conditions and the need for such data. The results of a PRTR should be made accessible to all affected and interested parties on a timely and regular basis. Any PRTR system should undergo evaluations and have the flexibility to be altered by governments in response to these evaluations or to the changing needs of affected and interested parties. The data handling and management capabilities of the system should allow for verification of data entries and outputs and be capable of identifying geographical distribution of releases and transfers. PRTR systems should allow, insofar as possible, for comparison of information and cooperation with other national PRTR data systems and consideration for possible harmonization with similar international data bases. A compliance mechanism to best meet the needs of the goals and objectives should be agreed by affected and interested parties. The entire process of establishing the PRTR system, its implementation and operation, should be transparent and objective.
As a response to the increase in chemicals and other wastes polluting our environment, the global community has developed a mechanism in the form of Pollution Release and Transfer Registries. PRTRs have been defined as catalogues or registries of potentially harmful pollutant releases or transfers to the environment from a variety of sources.9 It is a catalogue or database of releases and transfers of potentially harmful chemicals including information on the nature and quantity of such releases and transfers.10 It includes information about releases or transfers to air, water and soil as well as about wastes transported to treatment and disposal sites.11 It is a means for obtaining regular, periodic information about releases and/or transfers of chemical substances of interest and for making this information accessible to those who may be interested and/or affected by it; it is a tool for promoting efficient and effective policies for environmental protection and sustainable development.12 A PRTR provides publicly accessible data about quantities of releases and/or transfers of a set of potentially harmful substances, the origin of these releases and transfers and their geographic distribution on a timely, regular periodic basis.13 It is a tool which can augment government efforts to integrate environmental management and promote pollution prevention.14 Key features of a PRTR include: periodic collection of information to allow tracking of trends over time; the use of common identifiers for chemicals, facilities and locations to facilitate comparison and aggregation of the data; computerization of the information for ease of analysis; and dissemination of the information to government policy makers and the general public.15 International Trends and Developments PRTRs are relatively new developments in the international stage. The
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development of this process began in the 1980’s, with the United States establishing first PRTRlike system through the Toxic Release Inventory (TRI) administered by the National Environmental Protection Agency (NEPA). Other nations followed suit, with the European Community leading the way in developing PRTRs at the regional and national level. The development of PRTRs is closely linked to the right of public information and access to information, considered a well-established objective of environmental law.16 Information is widely recognized as a prerequisite to effective national and international environmental management, Principle 10 of Agenda 21: protection and cooperation.17 Public access to information and public participation in decision making is Environmental issues are best now recognized as a key promoter cleaner handled with the participation of all manufacturing systems.18 concerned citizens at the relevant The international community has called for increased and improved public access to information through international instruments and agreements. Agenda 21, a detailed action plan for realizing the Rio Declaration’s19 goals and Principle 10, called on nations to adopt improved access to information and participation.20 As early as 1972, these rights have also been discussed and recognized by the global community. During the United Nations Conference on the Human Environment held in Stockholm, Sweden, the international community stated the public’s rights to access to information and public participation.21 In 1982, the World Charter for Nature22 broadened the scope and extent of obligations relating to information, calling for the dissemination of knowledge of research, the monitoring of natural processes and ecosystems, and the participation of all persons in the formulation of decisions of direct concern to the environment.23 Related to the development of the right to information and public participation is the development of the regulation of hazardous substances and activities by the global community. International environmental law has tended to regulate specific environmental media and/or resources rather than particular activities or products; but there is an emerging body of international rules which have called for the regulation of activities though to be harmful and hazardous.24 The lack of information and perhaps even the fear of the unknown as regards these activities have made the availability of information about chemicals and substances used a rallying cry for consumers and the general public. ! 3!
level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decisionmaking processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.!
Principle 20 of the 1972 Stockholm Declaration: Scientific research and development in the context of environmental problems, both national and multinational, must be promoted in all countries, especially the developing countries. In this connection, the free flow of up-todate scientific information and transfer of experience must be supported and assisted, to facilitate the solution of environmental problems; environmental technologies should be made available to developing countries on terms which would encourage their wide dissemination without constituting an economic burden on the developing countries.!
Principles 6 & 7 of the 1972 Stockholm Declaration: Principle 6. The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of ill countries against pollution should be supported. Principle 7. States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.!
The 1972 Stockholm conference and declaration acknowledged the dangers that toxic chemicals and hazardous wastes pose on humans and on the environment. It called for the availability of information about these chemicals, the regulation of the same and the prevention of pollution by these substances. Principle 14 of the Rio Declaration also called for the cooperation of States to prevent the relocation and transfer of activities and substances that cause severe environmental degradation and are found to be harmful to human health. Other international agreements and conventions dealing with hazardous wastes and chemicals include the following: The Montreal Protocol on Substances that Deplete the Ozone Layer;25 The Stockholm Convention on Persistent Organic 26 Pollutants; the Convention on Biological Diversity;27 and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.28
Another international trend is the concept of public participation. The importance of meaningful, timely, and effective participation is emphasized (UN Doc. E/CN.4/Sub.2/1994/9, par. 220), and this UN report asserts that, as a minimum, people have the right to receive notice of and to participate in any significant decision-making regarding the environment, especially during the process of environmental impact assessment and before potential damage is done (report par. 221).29 Public participation in environmental decision making has become an indelible feature of many environmental regulatory systems world-wide over the past few decades,30 and there is a very widespread consensus that public participation is a crucial element of good and democratically legitimate environmental decision-making.31 It can occur through education, information dissemination, advisory or review boards, public advocacy, public hearings and submissions, and even litigation.32 Several factors have fuelled the growth this concept: 1) the first is increased public awareness and concern about the relationship between ecological health and human wellbeing33; 2) secondly, the growth of human rights in legal and political systems has heightened people’s expectations of participation in policy-making34; 3) third, the prevailing concerns of the international community for good governance and the strengthening of civil societies have contributed to increasing interest in the use of participatory mechanisms.35
Developing a PRTR for the Philippines The Philippines currently does not have its own PRTR system, although several laws require the identification and information to be made available regarding emissions and releases to the environment.36 In 1996, the Department of Environment and Natural Resources (DENR) implemented a public disclosure program. The said program aimed to reduce air and water pollution emanating from industries using a performance rating procedure and color coded ! 4!
rating scheme.37 To implement this, the DENR has instituted programs such as Ecowatch38, the Philippine Environment Policy Program (PEPP)39, and the Emission Inventory.40 The DENR has also implemented its Citizen Charter program41 in 2007, which aims to promote transparency in the manner that the agency transacts with the public through the simplification of frontline service procedures, formulation of service standards for every transaction, and making these known to the customer.42 However, several groups have noted that this has made obtaining relevant and timely information difficult and oftentimes costly. The mix of instruments, laws, rules, and regulations requiring disclosure of information about emissions and releases makes it difficult for both government and the general public to obtain information and to monitor compliance and to enforce the laws. On the part of government regulators, the lack of resources and manpower makes it difficult to catch violators, relying simply on reports submitted and allowing or disallowing an activity based merely on paper compliance. On the other hand, concerned groups and other stakeholders who would want to help in the government’s task of implementing the various environmental laws are in a similar difficult situation due to the lack or inaccessibility of information, in addition to problems of corruption and governance in the bureaucracy. Therefore, establishing a PRTR in the Philippines would not only help the government in its mandate to enforce and implement the laws, but also aid citizen’s and stakeholders in their efforts to protect and preserve the environment. Government regulators will have readily available information on emissions and releases to assess the performance and compliance of industries and facilities. A PRTR would in turn make it easier for businesses and industries to comply with environmental regulation requirements, since a PRTR system would simplify and compile the reporting and documentation requirements. Citizens and stakeholders would have the information they need to back-up allegations of pollution and violation of environmental laws. In addition, they can readily assist regulators in monitoring the compliance of businesses and industries with environmental laws, rules, and regulations. Legal Basis and Framework for Developing a PRTR Bases of Philippine Environmental Policy: Section 16, Article II, 1987 Constitution. 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. Section 15, Article II, 1987 Constitution. The state shall protect and promote the right to health of the people and instill health consciousness among them.
The Philippines is replete with laws that protect and promote the environment, being a country endowed with a lush environment and abundant natural resources. Our country is part of the growing international trend of Constitutions incorporating fundamental environmental rights,43 an indication of the growing international recognition of the need to protect the environment, the health of citizens, environmental democracy.44 In fact, more than 200 countries around the world recognize the right to a clean and healthy environment along with other conventional rights.45 Philippine Environmental Policy
The 1987 Constitution provides the basic framework for environmental policy in the Philippines. Section 16, Article 2 states that, “[t]he 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,” which the Supreme Court deemed as a provision that is self-executing in nature and a source of the citizen’s basic environmental rights.46 One author notes that this declaration ! 5!
recognizes the importance given to the environment and the change in emphasis with respect to it.47 Found also in Article 2 is Section 15, which states that, “[t]he state shall protect and promote the right to health of the people and instill health consciousness among them.� Other provisions in the constitution that deal with the environment and environmental protection include Article 1 on the National Territory,48 Sections 2,49 3,50 4,51 552 of Article 12, and Section 753 of Article 13 of the Constitution. Statutes also embody the environmental policy of the Philippines: the Philippine Environmental Policy (1977) (PD No.1151), the Philippine Environment Code (1977) (PD No. 1152), the Philippine National Strategy for Sustainable Development (1989), and the National Action Plan for Sustainable Development (1996) (Philippine Agenda 21). In addition to these laws and provisions on environmental policy, other statutes deal with the abatement, control, and prevention of pollution. Some of these are: Presidential Decree (PD) No. 705, The Revised Forestry Code of 1975; PD 856, Code on Sanitation of the Philippines; PD 1067, Water Code of the Philippines; PD 1586, Establishing an Environmental Impact Statement System, Including Other Environmental Management Related Measures; Republic Act (RA) No. 6969, Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990; RA 7586, National Integrated Protected Areas System Act of 1992; RA 8550, Philippine Fisheries Code of 1998; RA 8749, Philippine Clean Air Act of 1999; RA 9003, Ecological Solid Waste Management Act of 2000; and RA 9275, Philippine Clean Water Act of 2004.
Some International Environmental Obligations of the Philippines Related to PRTRS:
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The 1972 Stockholm Declaration
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The 1992 Rio Declaration
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The United Nations Framework Convention on Climate Change and the Kyoto Protocol
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The Montreal Protocol on Substances that Deplete the Ozone Layer
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The Stockholm Convention Persistent Organic Pollutants
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The Convention Diversity
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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
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International Environmental Legal Obligations of the Philippines The legal obligations of the Philippines do not only come from the Constitution and domestic laws that the country has, but also from dealings in the international and global sphere. The Philippines has signed a number of international treaties and agreements dealing with environmental protection and regulation, some of which include: The 1972 Stockholm Declaration; the 1992 Rio Declaration; The United Nations Framework Convention on Climate Change54 and the Kyoto Protocol;55 The Montreal Protocol on Substances that Deplete the Ozone Layer; The Stockholm Convention on Persistent Organic Pollutants; the Convention on Biological Diversity; and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
These various treaties and agreements entered into by the Philippines are binding obligations of the country, and under the doctrine pacta sunt servanda, the State is legally bound to comply with these obligations, and to comply in good faith. Pacta sunt servanda is codified under Article 26 of the 1969 Vienna Convention on the Law of Treaties.56 It has been regarded as a principle of customary ! 6!
international law,57 and even as a general principle of law,58 widely accepted and even uncontroversial as a principle.59 Given that the treaties above all require the Philippines to implement laws, rules, and regulations which protect the environment and abate the sources of pollution, such can be used as basis for creating and establishing a PRTR in the Philippines. It is thus part of the legal duty and obligation of the Philippines to comply with its international obligations, and one way of comply with it is by establishing a PRTR, since this system can be a useful and effective tool of enforcement, compliance, regulation, and for the protection of the environment. The Public’s Right to Information and Participation Another legal basis for establishing a PRTR in the Philippines is Section 7, Article III of the Constitution, which states that: “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.” This section guarantees the right to information on matters of public concern and the corollary right of access to official records and documents.60 Some of the recognized limitations as regards these rights are: 1) national security matters; 2) trade secrets and banking transactions; 3) Criminal or classified law enforcement matters; 4) other confidential matters such as diplomatic correspondence, closed door Cabinet meetings and executive sessions of Congress, and the internal deliberations of the Supreme Court.61 This provision is echoed in Section 28 of Article II which states that, “Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.” These provisions can thus be used as basis and justification to establish a PRTR system in the Philippines, given that information in the PRTR is not of a confidential nature, and the public has a right to know and to participate in the environmental decision-making process. Having access to timely and relevant information will allow citizens to be able to better participate in the decision-making process of the government. It will also give them access to information which can back-up claims of pollution, environmental degradation, and violations of the law which in turn will help the government in its duty to enforce laws and to protect and preserve the environment. Specific provisions in other laws also embody the public’s right to access information. Section 12 of RA 6969 provides for the public’s access to records, reports, and notifications in relation to chemicals substances and mixtures.62 Similarly, Section 38 of the Clean Air Act provides for public access to records or reports obtained in the implementation of the law.63
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Benefits of a PRTR System There are numerous benefits which the Philippines will derive from establishing a PRTR system as a tool for environmental protection and regulation. One author notes the following as the benefits of establishing a PRTR for the Philippines:64 1. By requiring that data be made public, PRTRs make businesses more accountable for the pollution that they cause; 2. Regulators can use the data to set emission permit limits, measure compliance with those limits, and target facilities for enforcement activities; 3. Increasingly, emission data are being used by financial investment analysts; and 4. Engaging workers and the public is good for industrial and environmental improvement.
Benefits of Establishing a PRTR System: 1. Government regulators are able to obtain the needed information to effectively monitor industries and business which may cause harm to the environment. 2. Businesses are made more accountable for the pollution caused by their activities. 3. The public has access to relevant data and information about harmful chemicals and substances, allowing them be better informed and to participate in the environmental decision making process.
The OECD has also identified several benefits of establishing a PRTR, particularly for governments, the industry, and the general public as well.65 A PRTR for the Philippines There is no doubt that sufficient bases exists for the development and establishment of a PRTR in the Philippines. At a time The Constitution and various statutes call on the State to protect and preserve the environment, and at the same time provide access to information to enable citizens to better participate in environmental decision-making. The international community has also recognized the significance and importance of PRTRs as a tool for environmental regulation and management. The Philippines also has international obligations on the protection of the environment, providing basis for establishing a PRTR in the country. All these show that a PRTR can be established in the Philippines, and the DENR has the duty and the responsibility to implement such a system. The DENR, through its powers and functions as the primary government agency dealing with the environment and natural resources, can issue an Administrative Order developing and establishing a PRTR in the Philippines. With the help of non-government organizations (NGOs), environmental groups, the academe, and the cooperation of the private sector and industries, a PRTR for the Philippines can be developed which would bring benefits not only for the county’s environment and natural resources but would help contribute to the protection of the global environment as well. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Endnotes(! 1 !JONAS!EBBESSON,!COMPATIBILITY!OF!INTERNATIONAL!AND!NATIONAL!ENVIRONMENTAL!LAW,!7!(1996).!!! 2 !BENJAMIN!J.!RICHARDSON!AND!STEPAN!WOOD,!ENVIRONMENTAL!LAW!FOR!SUSTAINABILITY!1!(2006)!(“Far!from!improving!since! the! 1992! Rio! Earth! Summit! made! sustainable! development! the! centerpiece! of! international! and! domestic!
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! environmental!policy,!most!indicators!of!environmental!quality!have!continued!to!deteriorate!in!most!parts!of!the! world.”)! 3 !PHILIPPE!SANDS,!PRINCIPLES!OF!INTERNATIONAL!ENVIRONMENTAL!LAW!167!(2nd!ed.!2003).! 4 !ASIAN!DEVELOPMENT!BANK,!ENVIRONMENT!PROGRAM:!PROGRESS!AND!PROSPECTS,!1`5!(2009).! 5 ! JOSEFO! B.! TUYOR,! ET! AL.,! THE! PHILIPPINE! ENVIRONMENTAL! IMPACT! STATEMENT! SYSTEM:! FRAMEWORK,! IMPLEMENTATION,! PERFORMANCE!AND! CHALLENGES! 22! (WORLD! BANK! 2007)! citing! the! PHILIPPINE! ENVIRONMENT! MONITOR,! 2000`2005.! Note:! The! ADB! lists! the! following! environmental! issues! with! cumulative! impacts:! watershed! integrity,! inappropriate! and! unsustainable!land!use!and!agricultural!practices!in!upland!areas,!degradation!of!forest!land,!and!extensive!road! building;! rapid! population! increase! and! rapid! industrialization,! causing! increased! congestion! and! pollution! particularly!in!urban!areas,!environmental!degradation!of!near!shore!areas!due!to!sedimentation!from!upstream! sources;! overexploitation! of! fisheries! and! permanent! loss! of! ecosystems! from! changes! in! land! use! due! to! urbanization!and!industrialization,!including!aquaculture.!! 6 !ADB!COUNTRY!ENVIRONMENTAL!ANALYSIS!PHILIPPINES!2008!xiii!(2009).!! 7 ! United! Nations! Institute! for! Training! and! Research! (UNITAR),! Implementing! A! National! PRTR! Design! Project:! A! Guidance!Document,!7!(1997).! 8 !Agenda!21,!¶!19.1!and!19.11.! 9 ! Organisation! for! Economic! Cooperation! and! Development! (OECD),! Pollutant! Release! and! Transfer! Registers:! A! Tool!for!Environmental!Policy!and!Sustainable!Development,!15!(1996).! 10 !UNITAR,!supra+note!7!at!6.! 11 !OECD,!supra!note!9!at!15.! 12 !UNITAR,!supra+note!7!at!6;!OECD,!supra!note!9!at!10.! 13 !OECD,!supra!note!9!at!13.! 14 !OECD,!PRTR:!A!Tool!for!Environmental!Management!and!Sustainable!Development,!2!(1997).! 15 !UNITAR,!supra+note!7!at!6.! 16 !SANDS,!supra!note!3!at!826.! 17 !Id.+!! 18 ! Beverly! Thorpe,! The! Pollutant! Release! and! Transfer! Register:! Giving! the! Public! Access! to! Information! About! Hazardous!Discharges!to!Land,!Air,!and!Water,!1!(2010).!! 19 !UN!DOC.!A/CONF.151/26/REV.1.!(1992)!! 20 !Thorpe,!supra!note!18!at!2.! 21 !See+SANDS,!supra!note!3!at!826`827.! 22 !UNGA!Res.!37/7,!28!October!1982,!23!ILM!455!(1983).! 23 !SANDS,!supra!note!3!at!827.!See+Paragraphs!15,!18,!19,!23!of!the!World!Charter!for!Nature.! 24 !Id.+at!618.! 25 !26!ILM!1550!(1987).! 26 !40!ILM!532!(2001).! 27 !31!ILM!882!(1992).! 28 !28!ILM!657!(1989).! 29 ! James! Cameron! and! Ruth! Mackenzie+ Access+ to+ Environmental+ Justice+ and+ Procedural+ Rights+ in+ International+ Institutions,!in!HUMAN!RIGHTS!APPROACHES!TO!ENVIRONMENTAL!PROTECTION,!129,!132!(Boyle!&!Anderson,!eds.!1996).! 30 ! RICHARDSON,! BENJAMIN! J.! AND! JONA! RAZZAQUE,! Public+ Participation+ in+ Environmental+ Decision+ Making,! in! ENVIRONMENTAL!LAW!FOR!SUSTAINABILITY,!165,!165!(Richardson!and!Wood,!2006).! 31 !JANE!HOLDER!AND!MARIA!LEE,!ENVIRONMENTAL!PROTECTION,!LAW!AND!POLICY!85!(2007).! 32 !RICHARDSON!AND! RAZZAQUE,!supra!note!28!at!165,!citing!S!Stec!and!S!Casey!Lefkowitz,!The+Aarhus+Convention:+An+ Implementation+Guide!(UNECE,!2000)!85.!
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! Id.! at! 166,! citing! B! Barton,! Underlying! Concepts+ and+ Theoretical+ Issues+ in+ Public+ Participation+ in+ Resource+ Development! 83,! in! D! Zillman! et.! al,! Human+ Rights+ in+ Natural+ Resource+ Development:+ Public+ Participation+ in+ the+ Sustainable+Development+of+Mining+and+Energy+Resources,!Oxford!2002.! 34 !Id.+ 35 ! Id.+ at! 166,! citing! M.! Pimbert! and! T.! Wakeford,! OverviewIDeliberative+ Democracy+ and+ Citizen+ Empowerment,! 2001.! 36 !Some!of!these!laws!incude:!the!Clean!Air!Act,!the!Clean!Water!Act,!the!Hazardous!Wastes!and!Toxic!and!Nuclear! Substances!Act,!and!the!Solid!Waste!Management!Act.! 37 !Thorpe,!supra!note!18!at!6.! 38 !See!DENR!Administrative!Order!(DAO)!No.!2003`26.!! 39 !See!DAO!2003`14.!! 40 !See!www.denr.gov.ph!! 41 !See!http://www.denr.gov.ph/index.php/transparency`governance/citizen`charters.html!! 42 !It!should!be!noted!however!that!requests!for!information!were!not!identified!as!a!frontline!service!in!the!DENR! Citizen’s!Charter.! 43 ! RICHARDSON,! BENJAMIN! J.! AND! JONA! RAZZAQUE,! Public+ Participation+ in+ Environmental+ Decision+ Making,! in! ENVIRONMENTAL!LAW!FOR!SUSTAINABILITY,!166,!177!(Richardson!and!Wood,!2006).! 44 !GEORGE!PRING!AND!CATHERINE!PRING,!GREENING!JUSTICE:!CREATING!AND!IMPROVING!ENVIRONMENTAL!COURTS!AND!TRIBUNALS,!10! (2009).! 45 !Id.!at!10!citing!Foti/TAI`WRI,!2.! 46 !Oposa+v.+Factoran,+Jr.,!224!SCRA!792,!805!(1993).! 47 ! Enrico! G.! Valdez,! Philippines,! in! ENVIRONMENTAL! LAW! AND! ENFORCEMENT! IN! THE! ASIA`PACIFIC! RIM,! 367,! 371! (Terri! Mottershead,!ed.!2002).! 48 ! The! national! territory! comprises! the! Philippine! archipelago,! with! all! the! islands! and! waters! embraced! therein,! and!all!other!territories!over!which!the!Philippines!has!sovereignty!or!jurisdiction,!consisting!of!its!terrestrial,!fluvial! and!aerial!domains,!including!its!territorial!sea,!the!seabed,!the!subsoil,!the!insular!shelves,!and!other!submarine! areas.!The!waters!around,!between,!and!connecting!the!islands!of!the!archipelago,!regardless!of!their!breadth!and! dimensions,!form!part!of!the!internal!waters!of!the!Philippines.! 49 !Section!2.!All!lands!of!the!public!domain,!waters,!minerals,!coal,!petroleum,!and!other!mineral!oils,!all!forces!of! potential!energy,!fisheries,!forests!or!timber,!wildlife,!flora!and!fauna,!and!other!natural!resources!are!owned!by! the! State.! With! the! exception! of! agricultural! lands,! all! other! natural! resources! shall! not! be! alienated.! The! exploration,!development,!and!utilization!of!natural!resources!shall!be!under!the!full!control!and!supervision!of!the! State.! The! State! may! directly! undertake! such! activities,! or! it! may! enter! into! co`production,! joint! venture,! or! production`sharing!agreements!with!Filipino!citizens,!or!corporations!or!associations!at!least!sixty! per+centum!of! whose! capital! is! owned! by! such! citizens.! Such! agreements! may! be! for! a! period! not! exceeding! twenty`five! years,! renewable!for!not!more!than!twenty`five!years,!and!under!such!terms!and!conditions!as!may!be!provided!by!law.! In! cases! of! water! rights! for! irrigation,! water! supply! fisheries,! or! industrial! uses! other! than! the! development! of! water!power,!beneficial!use!may!be!the!measure!and!limit!of!the!grant.!! The!State!shall!protect!the!nation's!marine!wealth!in!its!archipelagic!waters,!territorial!sea,!and!exclusive! economic!zone,!and!reserve!its!use!and!enjoyment!exclusively!to!Filipino!citizens.!! The! Congress! may,! by! law,! allow! small`scale! utilization! of! natural! resources! by! Filipino! citizens,! as! well! as! cooperative! fish! farming,! with! priority! to! subsistence! fishermen! and! fish`! workers! in! rivers,! lakes,! bays,! and! lagoons.!! The!President!may!enter!into!agreements!with!foreign`owned!corporations!involving!either!technical!or! financial! assistance! for! large`scale! exploration,! development,! and! utilization! of! minerals,! petroleum,! and! other! mineral! oils! according! to! the! general! terms! and! conditions! provided! by! law,! based! on! real! contributions! to! the!
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! economic! growth! and! general! welfare! of! the! country.! In! such! agreements,! the! State! shall! promote! the! development!and!use!of!local!scientific!and!technical!resources.!! The!President!shall!notify!the!Congress!of!every!contract!entered!into!in!accordance!with!this!provision,! within!thirty!days!from!its!execution.!! 50 !Section!3.!Lands!of!the!public!domain!are!classified!into!agricultural,!forest!or!timber,!mineral!lands!and!national! parks.!Agricultural!lands!of!the!public!domain!may!be!further!classified!by!law!according!to!the!uses!to!which!they! may!be!devoted.!Alienable!lands!of!the!public!domain!shall!be!limited!to!agricultural!lands.!Private!corporations!or! associations!may!not!hold!such!alienable!lands!of!the!public!domain!except!by!lease,!for!a!period!not!exceeding! twenty`five! years,! renewable! for! not! more! than! twenty`five! years,! and! not! to! exceed! one! thousand! hectares! in! area.!Citizens!of!the!Philippines!may!lease!not!more!than!five!hundred!hectares,!or!acquire!not!more!than!twelve! hectares!thereof,!by!purchase,!homestead,!or!grant.!! Taking! into! account! the! requirements! of! conservation,! ecology,! and! development,! and! subject! to! the! requirements! of! agrarian! reform,! the! Congress! shall! determine,! by! law,! the! size! of! lands! of! the! public! domain! which!may!be!acquired,!developed,!held,!or!leased!and!the!conditions!therefor.! 51 ! Section! 4.! The! Congress! shall,! as! soon! as! possible,! determine,! by! law,! the! specific! limits! of! forest! lands! and! national! parks,! marking! clearly! their! boundaries! on! the! ground.! Thereafter,! such! forest! lands! and! national! parks! shall!be!conserved!and!may!not!be!increased!nor!diminished,!except!by!law.!The!Congress!shall!provide!for!such! period!as!it!may!determine,!measures!to!prohibit!logging!in!endangered!forests!and!watershed!areas.!! 52 ! Section! 5.! The! State,! subject! to! the! provisions! of! this! Constitution! and! national! development! policies! and! programs,! shall! protect! the! rights! of! indigenous! cultural! communities! to! their! ancestral! lands! to! ensure! their! economic,!social,!and!cultural!well`being.!! The!Congress!may!provide!for!the!applicability!of!customary!laws!governing!property!rights!or!relations!in! determining!the!ownership!and!extent!of!ancestral!domain.!! 53 ! Section! 7.! The! State! shall! protect! the! rights! of! subsistence! fishermen,! especially! of! local! communities,! to! the! preferential!use!of!the!communal!marine!and!fishing!resources,!both!inland!and!offshore.!It!shall!provide!support! to! such! fishermen! through! appropriate! technology! and! research,! adequate! financial,! production,! and! marketing! assistance,!and!other!services.!The!State!shall!also!protect,!develop,!and!conserve!such!resources.!The!protection! shall! extend! to! offshore! fishing! grounds! of! subsistence! fishermen! against! foreign! intrusion.! Fishworkers! shall! receive!a!just!share!from!their!labor!in!the!utilization!of!marine!and!fishing!resources.!! 54 !31!ILM!849!(1992).! 55 !33!ILM!22!(1998).! 56 !VCLT,!art.!26,!8!ILM!679,!(1969),!(“Every!treaty!in!force!is!binding!upon!the!parties!to!it!and!must!be!performed! by!them!in!good!faith.”)!! 57 !See+generally!IAN!BROWNLIE,!PRINCIPLES!OF!PUBLIC!INTERNATIONAL!LAW!(2003).! 58 nd !See!LORD!MCNAIR,!THE!LAW!OF!TREATIES!(2 !ed!1961)!ch.!30`35.! 59 ! See+ Alhaji! B.M.! Marong,! From+ Rio+ to+ Johannesburg:+ Reflections+ on+ the+ Role+ of+ International+ Legal+ Norms+ in+ Sustainable+Development,!16!GEO.!INT’L!ENVTL.!L.!REV.!21!(2000).! 60 !JOAQUIN!G.!BERNAS,!S.J.,!THE!!1987!PHILIPPINE!CONSTITUTION:!A!COMPREHENSIVE!REVIEWER,!91!(2006).! 61 !Id.+at!93.!! 62 !“Section!12.!Public+Access+to+Records,+Reports+or+Notification!–!The!public!shall!have!access!to!records,!reports!or! information! concerning! chemical! substances! and! mixtures! including! safety! data! submitted,! data! on! emission! or! discharge! into! the! environment,! and! such! documents! shall! be! available! for! inspection! or! reproduction! during! normal!business!hours!except!that!the!Department!of!Environment!and!Natural!Resources!may!consider!a!record,! report! or! information! or! particular! portions! thereof! confidential! and! may! not! be! made! public! when! such! would! divulge! trade! secrets,! production! or! sales! figures! or! methods,! production! or! processes! unique! to! such! manufacturer,! processor! or! distributor,! or! would! otherwise! tend! to! affect! adversely! the! competitive! position! of!
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! such! manufacturer,! processor! or! distributor.! The! Department! of! Environment! and! Natural! Resources,! however,! may!release!information!subject!to!claim!of!confidentiality!to!a!medical!research!or!scientific!institution!where!the! information! is! needed! for! the! purpose! of! medical! diagnosis! or! treatment! of! a! person! exposed! to! the! chemical! substance!or!mixture.”! 63 ! “Section! 38.! RecordIkeeping,+ Inspection,+ Monitoring+ and+ Entry+ by+ the+ Department+ –! Any! record,! report! or! information!obtained!under!this!section!shall!be!made!available!to!the!public,!except!upon!a!satisfactory!showing! to!the!Department!by!the!entity!concerned!that!the!record,!report!or!information,!or!parts!thereof,!if!made!public,! would!divulge!secret!methods!or!processes!entitled!to!protection!as!intellectual!property.!Such!record,!report!or! information!shall!likewise!be!incorporated!in!the!Department’s!industrial!rating!system.”! 64 !Thorpe,!supra!note!18!at!7.! 65
!BENEFITS!OF!A!PRTR!SYSTEM:!
GOVERNMENT! Enables! governments! to! monitor! progress! on! pollution! or! chemical! reduction!policy!and!indicate!trends! over!time! Results!of!a!PRTR!can!help!pin`point! priority! candidates! to! introduce! technologies!for!cleaner!production! Results! can! provide! indicators! for! monitoring! the! environmental! performance! of! industries! and! governments! Can! provide! data! about! accidental! releases! for! spills! or! emissions,! and! can!also!be!used!to!plan!for!possible! emergencies! Can! illustrate! environmental! performance! for! investment! and! financial! capital! and! can! supply! useful! information! for! land`use! planning! and! in! licensing! potential! sources!of!pollutants! Help! direct! research! and! development! for! pollution! prevention,! recycling,! recovery,! and! re`use! technologies,! and! indicate! where!technology!transfer!might!be! useful! !
INDUSTRY! Can! assist! firms! to! identify! material! loss! which! equates! to! waste! or! lost! revenue,! and! stimulate! more! efficient!use!of!chemical!substances! PRTR! could! provide! a! template! for! environmental!reporting!
GENERAL!PUBLIC! ! ! ! ! ! Allows! for! informed! participation! in! environmental!decision`making! Develop! leak! detection! programs! ! ! and! install! “good! housekeeping”! procedures! Can! provide! a! baseline! and! a! method!to!track!trends!of!pollutants! that!are!deemed!of!priority!concern! Allows! comparison! of! multi`facility! operations! to! identify! opportunities! for!cleaner!production!technologies!
Allows! the! private! sector! to! change! the!public’s!image!and!response!
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