6 Environmental Laws in the Philippines


“Environmental law is a collective term that encompasses those aspects of the law that protect the environment. A related but different set of regulatory systems, now heavily influenced by environmental principles, focus on the management of certain natural resources such as forests, minerals or fisheries. The national laws enacted by the president`s fiat and Congress were aimed at protecting, using, and protecting the air, water, and land from pollution. 6.1 What powers do environmental authorities have to require documentation, sampling, on-site inspections, employee interviews, etc.? This is one of the Philippine environmental laws promulgated by the President of the Republic of the Philippines, Benigno S. Aquino III, on July 6, 2012 in the city of Manila. Philippine environmental laws are important because they help combat environmental problems (global warming, climate change, greenhouse gas emissions, acid rain, hunting for endangered species, deforestation, depletion of natural resources, water, air and soil pollution) 8.3 Can a person holding shares in a company be held liable for violations of environmental law and/or pollution? caused by the company, and can a parent company be sued in its national court for pollution by a foreign subsidiary/subsidiary? There is no specific precedent in Philippine environmental law on this issue. However, a tort or similarity action may be brought against the previous owner or user for fault or negligence. Since liability is based on tort or quasi-tort, the former owner responsible for environmental damage can still be held liable by the authorities despite a possible transfer of risk. This law was created to complement the National Council for Environmental Protection under Presidential Decree No. 1121 by introducing a comprehensive program of environmental protection and management. Philippine law does not impose a positive obligation to disclose environmental issues related to land or buildings that are the subject of a sale, merger or acquisition transaction. In the case of purchase contracts, the principle of caveat emptor is followed, in which the buyer must investigate possible problems related to the property to be acquired in accordance with the principle of good faith. However, the parties may contractually agree on representations, warranties and indemnities relating to compliance with environmental regulations of an asset or company.

7.3 To what extent is it necessary to disclose environmental issues, for example from a seller to a potential buyer in connection with mergers and/or acquisitions? 8.4 Are there laws in place to protect whistleblowers who report environmental violations or problems? Environmental law is the set of laws, regulations, principles, guidelines, guidelines and agreements applied by local, national or international bodies to regulate and regulate human interaction with the environment. Environmental authorities are not prohibited from accepting voluntary environmental remediation by parties that cause damage to the environment. Notwithstanding the agreement, there is no law preventing the competent regulatory authority from returning to the banner of public order and requiring additional work if it considers that the rehabilitation is inadequate. Moreover, such agreements are not immune from challenge by third parties who could challenge the agreement as being contrary to public policy. Other areas, such as environmental impact assessment, may not fall into either category, but they remain important elements of environmental law. The Rules of Procedure of the Supreme Court of Environmental Affairs govern civil and criminal proceedings before the courts in cases involving the application or violation of environmental and other related laws. Directors and officers of corporations may be held personally liable for environmental violations in limited cases. Under express provisions in various environmental laws, if a violation is committed by a corporation or other legal entity, directors and officers who knowingly consent to or tolerate the misconduct are liable for liability. In the Philippines, there are insurers that can extend directors` and officers` (D&O) compensation for liabilities arising from environmental cases.

8.1 Is it possible to use environmental compensation to limit exposure to actual or potential environmental liabilities and to release a payment to another person in the context of compensation in connection with a matter (e.g. Reorganisation) of the potential liability of the person liable for compensation in this respect? 5.3 If an environmental remediation program is “agreed” with an environmental authority, can the regulator come back and request additional work or can a third party challenge the agreement? According to the Rules of Procedure of the Supreme Court of Environmental Affairs, the courts are required to make every effort to persuade the parties to reach a settlement of a dispute concerning alleged environmental damage.