Presidential Decree No. 3931 series of 1964 as amended by Presidential Decree No. 984 series of 1976
| Year of Enactment and Implementation |
PD 3931, enacted 1964, implemented 1964
PD 984, enacted 1976, Implemented 1978
|
| Purpose |
TO prevent, abate and control pollution of water, air and land for the more effective utilization of the resources |
| Control Area |
Nationwide |
| Overview |
- Industrial development began to accelerate in the early
sixties, however, pollution became a concomitant problem, particularly
in the Greater Manila Area.
- Republic Act No. 3931 was signed into law on June 18, 1964
to create the National Water and Air Pollution Control Commission
to implement that State’s environmental policy to maintain
a reasonable standard for the air and water quality of the
country
- Twelve years later, confronted with the growing menace of
environmental pollution, the Government decided to revise Republic
Act. No. 3931, and issued Presidential Decree No. 984 on August
18, 1976, to make the National Pollution Control Commission
more effective and efficient in the discharge of its functions
and more responsive to the demands of the times occasioned
by the accelerative phase of the country’s industrialization
program.
- Under R.A. 3931, the Commission was a multi-headed agency. It
was headed by a Chairman in ex-officio capacity with two full-time
Commissioners, a lawyer and a sanitary engineer, and four other
part-time Commissioners, who were representatives of the Department
of Health, the Depart of Agriculture and Natural Resources
and from industry and the science and technology community.
- Industry was represented by the Philippine Chamber of Industries
and the science and technology sector, by the Council of Technology
and Allied Services of the Philippines. The latter two
representatives were appointed by the President of the Philippines. The
Commissioners meeting en banc acted as the policy-making body
of the Commission. It met regularly twice a month, and
in special sessions as often as necessary. The Commission
was originally under the Office of the President until
it was transferred to the National Science Development Board
under the Integrated Reorganization Plan, which was decreed
by President Marcos immediately after the declaration of Martial
Law on September 21, 194.
- On August 18, 1976, R.A 3931 was revised
by P.D. 984 reorganizing the Commission from a multi-headed
to a single-headed agency and transferring it from
the NSDB to the Office of the President.
|
| Features |
- Creation of the National Pollution Control Commission under
the Office of the President to be headed by one full-time Commissioner
and two full-time Deputy Commissioner, one is responsible for
standard setting and the other one is responsible for enforcement.
- Creation of Inter-Agency Advisory Council attached to the
Commission composed of representative from different government
agencies and headed by the Commissioner.
- Organization of the Commission: the Commission shall
have Water Pollution Control Division, Air Pollution Control
Division, Research and Development Division, Legal Division
and Administrative Division.
- Establishment of Regional Offices
- Powers and Functions of the Commission
- Determine the location and magnitude of pollution
- Develop comprehensive multi-year and annual reports
- Set-up effluent, stream, ambient and emission standards and promulgate rules and regulations
- Public hearing prior to issuance or promulgation of order
or decision regarding the discharger of sewage, industrial
wastes or other wastes into air, water and land resources
- Appeal to Courts
- Any decision of the Commission, in the absence of an appeal
therefrom as herein provided, shall be final 15 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.
- Court Review
- Any 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.
- Execution of Decision
- Any decision or order by 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 issued 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 the decision of order in 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.
- Prohibitions
- No person shall throw, run, drain, or otherwise dispose
into any of the water, air, and/or land resources of the Philippines,
or cause, permit, suffer to thrown, run, drain, allow to seep
or otherwise dispose thereto any organic or inorganic matter
any substance in gaseous or liquid form that shall cause pollution
thereof.
- Penalties
- Any person found violating or failure to comply
with any other decision or regulation of
the Commission for the control and abatement of pollution
shall pay a fine P5000 a day during which such violation
or default continues; and the commission is hereby authorized
to impose the fine after due notice and hearing.
|
|