Environment and Climate Regulation Comparative Guide

Article Insights

1 Legal framework

1.1 Which legislative and regulatory provisions govern environment and climate regulation in your jurisdiction?

Environmental and climate regulation in the Philippines is governed by a comprehensive framework of statutes and regulations. The key legislative and regulatory instruments include the following.

Constitutional framework: The 1987 Philippine Constitution mandates that the state "protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature" (Section 16, Article II). This constitutional guarantee is the basis for all subsequent environmental legislation and jurisprudence.

Principal environmental statutes:

• Republic Act 8749, otherwise known as the Clean Air Act of 1999, establishes comprehensive air quality management policies, including setting emission standards for:
• • industries;
  • motor vehicles; and
  • other possible sources of air pollution.
• Republic Act 9275, otherwise known as the Clean Water Act of 2004:
• • regulates the discharge of wastewater and pollutants into water bodies; and
  • mandates the formulation of water quality management areas and action plans.
• Republic Act 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, provides for systematic waste segregation, recycling, composting and disposal at the local government level.
• Republic Act 6969, otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Hazardous Wastes Control Act), regulates the storage, transport, treatment, processing and disposal of toxic substances and hazardous waste.
• Presidential Decree 1586, which established the Environment Impact Statement System, requires environmental impact assessments for projects or undertakings that may significantly affect the environment before approval or implementation.
• Republic Act 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act of 1992, as amended by Republic Act 11038 or the Expanded NIPAS Act of 2019, establishes and governs protected areas to conserve biodiversity and natural resources.
• Presidential Decree 705, as amended, otherwise known as the Forestry Code, regulates the management, protection and utilisation of forest resources.
• Republic Act 7942, otherwise known as the Mining Act of 1995, regulates mineral exploration and development, requiring compliance with environmental standards and social development.

Climate change and disaster framework:

• Republic Act 9729, otherwise known as the Climate Change Act of 2009:
• • institutionalises climate change mitigation and adaptation measures;
  • establishes the Climate Change Commission (CCC); and
  • mandates integration of climate policies across sectors.
• Republic Act 10174, otherwise known as the People's Survival Fund Act, amends the Climate Change Act to provide financing for local climate adaptation projects.
• Republic Act 10121, otherwise known as the Disaster Risk Reduction and Management Act of 2010, establishes a framework for disaster preparedness, prevention and climate-related resilience.

1.2 Which bilateral and multilateral instruments on environment and climate regulation have effect in your jurisdiction?

The Philippines is a party to numerous bilateral and multilateral treaties, conventions and frameworks addressing:

• environmental protection;
• climate change;
• biodiversity; and
• sustainable development.

These international instruments have the force of law domestically once ratified by the Philippine Senate in accordance with the Constitution and are implemented through national legislation and administrative regulations.

Global environmental and climate frameworks:

• Under the United Nations Framework Convention on Climate Change (1992), ratified in 1994, the Philippines has committed to reduce greenhouse gas (GHG) emissions and enhance adaptive capacity through national policies and reporting obligations.
• The Kyoto Protocol (1997), which the Philippines ratified in 2003, established binding targets for GHG emissions for developed countries and enabled participation in the Clean Development Mechanism, from which the Philippines has benefited through renewable energy and efficiency projects.
• The Paris Agreement (2015), which was ratified by the Philippines in 2017, forms the cornerstone of the Philippines' climate policy. The country has submitted its nationally determined contribution (NDC), committing to a projected 75% reduction in GHG emissions by 2030, conditional upon international support. The CCC oversees the implementation of these commitments.

Multilateral environmental agreements:

• The Convention on Biological Diversity (1992) provides the framework for biodiversity conservation and sustainable use of natural resources. It is implemented through the Philippine Biodiversity Strategy and Action Plan.
• The Cartagena Protocol on Biosafety (2000) regulates the safe transfer and use of living modified organisms.
• The Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973) controls trade in endangered species. It is implemented domestically through Republic Act 9147, also known as the Wildlife Resources Conservation and Protection Act.
• The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) restricts the import and export of hazardous wastes and ensures environmentally sound waste management.
• The Rotterdam Convention (1998) governs the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade.
• The Stockholm Convention on Persistent Organic Pollutants (2001) aims to eliminate or restrict the production and use of long-lasting toxic chemicals.

Regional and bilateral agreements:

• The Association of Southeast Asian Nations (ASEAN) Agreement on the Conservation of Nature and Natural Resources (1985) promotes regional cooperation on:
• • biodiversity conservation;
  • environmental protection; and
  • sustainable resource use.
• The ASEAN Agreement on Transboundary Haze Pollution (2002) aims to prevent and monitor forest fires and haze pollution in Southeast Asia, with obligations on mitigation and regional coordination.
• The Philippines has entered into memoranda of understanding and partnerships with countries such as Japan, South Korea, the United States and Australia focusing on:
• • renewable energy;
  • climate adaptation;
  • waste management; and
  • marine protection.

Integration into domestic framework: Pursuant to Article II, Section 2 of the 1987 Constitution, the Philippines adopts "generally accepted principles of international law as part of the law of the land". Thus, ratified treaties and international environmental norms are enforceable domestically and are integrated into national programmes through implementing legislation and policy instruments such as:

• the National Climate Change Action Plan; and
• the Philippine Development Plan.

1.3 Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have? To what extent do they cooperate? What are the mechanisms for cooperation?

Environmental and climate regulation in the Philippines is enforced through a network of national and local government agencies, each vested with distinct mandates and enforcement powers. Coordination among these bodies is a feature of the Philippine environmental governance framework.

Department of Environment and Natural Resources (DENR): The DENR is the principal agency responsible for the implementation and enforcement of environmental and natural resource laws. It has broad regulatory, supervisory and enforcement powers under its enabling law, Executive Order 192 (1987), and subsequent legislation.

Key powers and functions include:

• the formulation and enforcement of environmental policies, standards and regulations;
• the issuance, suspension or cancellation of environmental compliance certificates under the EIS System under Presidential Decree 1586;
• the regulation of air and water quality, waste management, and chemical use through the Environmental Management Bureau (EMB);
• the imposition of administrative penalties, issuance of cease-and-desist orders and filing of criminal cases for environmental violations; and
• the supervision over resource extraction (eg, forestry, mining and land management) through specialised bureaus such as:
• • the Mines and Geosciences Bureau (MGB); and
  • the Forest Management Bureau (FMB).

CCC: The CCC, created under the Climate Change Act, is the sole policy-making body on climate change.

Key powers and functions include:

• coordinating, monitoring and evaluating government programmes on climate change mitigation and adaptation;
• formulating the National Framework Strategy on Climate Change and National Climate Change Action Plan;
• integrating climate change considerations into national, sectoral and local development plans; and
• serving as the focal point for international climate cooperation, including implementation of the Paris Agreement and the NDC.

EMB: An attached agency of the DENR, the EMB serves as the operational arm for pollution control and environmental quality management.

Key powers and functions include:

• implementing the:
• • Clean Air Act;
  • Clean Water Act; and
  • Ecological Solid Waste Management Act;
• conducting environmental monitoring, inspection and compliance audits;
• issuing permits and licences for emissions, wastewater discharge and hazardous waste treatment; and
• enforcing administrative sanctions, including fines, permit suspensions and closure orders.

Local government units (LGUs): Under Republic Act 7160, otherwise known as the Local Government Code of 1991, LGUs have devolved authority to implement national environmental programmes at the local level.

Key powers and functions include:

• the enforcement of local ordinances and environmental regulations;
• the management of:
• • solid waste;
  • local water resources; and
  • land use planning;
• the issuance of local permits and sanctions for violations; and
• collaboration with the DENR, the CCC and national agencies in implementing local climate adaptation projects, often funded by the People's Survival Fund.

1.4 What is the regulators' general approach to environment and climate regulation/action?

The Philippine government's approach to environmental and climate regulation is rights based, preventive and multi-sectoral, integrating environmental protection and climate resilience into national and local development planning. It is underpinned by both constitutional mandates and statutory frameworks and guided by international commitments under multilateral environmental and climate agreements.

Constitutional foundations: The 1987 Constitution guarantees the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. This constitutional mandate serves as the legal compass for environmental governance as affirmed in landmark cases such as Oposa v Factoran, GR 101083 (30 July 1993), in which the Supreme Court upheld the doctrine of intergenerational responsibility. Further, the Constitution not only provides that environmental protection is a state policy but also integrates it into the broader goals of national development and human rights, establishing the basis for a rights-based approach to environmental and climate action. Through this constitutional lens, environmental stewardship is viewed not merely as an administrative duty, but as a collective societal obligation owed to both present and future generations.

Regulatory enforcement: The country's regulatory enforcement framework reflects a combination of preventive, compliance-based and participatory strategies implemented through a network of government institutions led by the DENR. Acting through its bureaus, most notably the EMB, the DENR enforces major environmental statutes such as:

• the Clean Air Act;
• the Clean Water Act;
• the Ecological Solid Waste Management Act; and
• the Hazardous Wastes Control Act.

Enforcement mechanisms include:

• permitting systems;
• self-monitoring reports;
• environmental impact assessments; and
• environmental compliance certificates under the EIS System.

The regulatory approach is increasingly adaptive, blending deterrence measures such as cease-and-desist orders and administrative fines with incentive programmes such as the Philippine Environmental Partnership Programme, which rewards industries that go beyond compliance. These mechanisms ensure that enforcement not only penalises violations but also encourages proactive environmental responsibility within the private sector.

Climate governance and integration: Equally central to the national framework is climate governance and integration, which is spearheaded by the CCC under the Office of the President. Established by the Climate Change Act and strengthened by the People's Survival Fund Act, the CCC coordinates the formulation and implementation of climate policies across sectors and levels of government. It leads the development of the National Framework Strategy on Climate Change and the National Climate Change Action Plan, both of which guide national adaptation and mitigation efforts. The Philippines' ratification of the Paris Agreement in 2017 further institutionalised this commitment through its NDC, which sets ambitious targets for GHG reduction and climate resilience. Moreover, climate policies are now embedded into broader development frameworks such as:

• the Philippine Development Plan 2023–2028;
• the National Adaptation Plan; and
• sectoral programmes on renewable energy, energy efficiency and sustainable agriculture.

This integration underscores the government's recognition that addressing climate change is essential to national security, economic competitiveness and sustainable growth.

Regulatory cooperation and stakeholder engagement: Finally, regulatory cooperation and stakeholder engagement form the connective tissue that sustains environmental and climate governance in the Philippines. The state promotes inter-agency coordination through bodies such as the Cabinet Cluster on Climate Change Adaptation, Mitigation and Disaster Risk Reduction, which harmonises policy implementation across:

• the DENR;
• the CCC;
• the Department of Energy;
• the Department of Agriculture; and
• other agencies.

LGUs, under the Local Government Code, are empowered to enforce environmental laws and implement localised climate action plans, ensuring that national policies are translated into community-based initiatives. Cooperation extends beyond the public sector through partnerships with civil society organisations, academia and the private sector, particularly in the areas of climate finance, renewable energy and waste reduction.

Mechanisms such as joint administrative orders, multisectoral monitoring teams and the People's Survival Fund foster coordination, transparency and accountability. This participatory approach ensures that environmental and climate governance is inclusive and responsive to local contexts, thereby strengthening resilience from the ground up.

In essence, the Philippine government's approach to environmental and climate regulation demonstrates an evolving balance between enforcement, participation and innovation. Grounded in constitutional principles and guided by global commitments, it has matured into a holistic framework that seeks to protect ecological integrity while enabling sustainable national development. As climate challenges intensify, this rights-based and multi-sectoral model provides the foundation for a resilient, equitable and sustainable future for the Philippines.

2 Environmental protection

2.1 What are the key features of the regulatory regimes that protect the following environmental assets in your jurisdiction? (a) Air; (b) Soil; (c) Fresh water; (d) Sea water; (e) Flora and fauna; and (f) Natural habitats and scenic landscapes.

(a) Air

Air quality management in the Philippines is governed primarily by the Clean Air Act, implemented by the Department of Environment and Natural Resources (DENR) through the EMB. The law establishes:

• National Ambient Air Quality Standards;
• emission limits for stationary and mobile sources; and
• an integrated air quality monitoring system.

Among other things, it:

• mandates the development of air quality management areas and local air quality action plans, with corresponding emission fees and penalties for non-compliance;
• requires motor vehicle emission testing;
• prohibits open burning; and
• regulates persistent organic pollutants.

Local government units (LGUs) are empowered to enforce air quality standards within their jurisdictions, particularly through anti-smoke belching and traffic emission control programmes.

(b) Soil

Soil protection is regulated through a combination of land use, waste management and pollution control statutes. The Hazardous Wastes Control Act prohibits the improper storage, treatment and disposal of hazardous wastes that may contaminate soil. The Ecological Solid Waste Management Act mandates proper segregation, recycling and sanitary landfill operation to prevent soil degradation. Additionally, Republic Act 8435, also known as the Agriculture and Fisheries Modernisation Act, promotes soil conservation through sustainable land use and fertility management. The DENR, in coordination with the Department of Agriculture and LGUs, oversees soil rehabilitation and monitoring programmes, especially in contaminated or mined-out areas.

(c) Fresh water

The Clean Water Act governs the protection and management of inland water bodies such as rivers, lakes and groundwater. The DENR, through the EMB, implements water quality standards and issues discharge permits to regulate wastewater effluents from industries and domestic sources. The law establishes water quality management areas and local governing boards to coordinate rehabilitation programmes. It also mandates the designation of non-attainment areas where pollution levels exceed standards. The National Water Resources Board regulates water abstraction; while the Department of Health enforces drinking water quality standards.

(d) Sea water

Marine and coastal protection is governed by:

• Republic Act 8550, otherwise known as the Fisheries Code of 1998, as amended by Republic Act 10654;
• Presidential Decree 979, the Marine Pollution Decree; and
• the National Integrated Protected Areas System (NIPAS) Act, as amended by the E-NIPAS Act.

These laws:

• prohibit the discharge of oil, chemicals and other harmful substances into marine waters; and
• regulate:
• • ship-generated waste;
  • aquaculture operations; and
  • coastal development activities.

The DENR, the Department of Agriculture – Bureau of Fisheries and Aquatic Resources (DA-BFAR) and the Philippine Coast Guard jointly enforce marine pollution control and coastal resource management. The Clean Water Act further extends water quality regulations to marine and estuarine environments.

(e) Flora and fauna

The Wildlife Conservation and Protection Act is the principal statute protecting the country's biological resources. It prohibits the collection, trade and destruction of wildlife and their habitats without permits, consistent with international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The DENR – Biodiversity Management Bureau and the DA-BFAR implement the law, depending on whether species are terrestrial or aquatic. The Forestry Code and the NIPAS Act, as amended by the E-NIPAS Act, complement wildlife protection by conserving critical habitats, national parks and protected landscapes.

(f) Natural habitats and scenic landscapes

Natural habitats and scenic landscapes are protected under the E-NIPAS Act. This law designates and manages protected areas such as national parks, wildlife sanctuaries and marine reserves through site-specific management boards known as protected area management boards. It restricts destructive activities such as logging, mining and infrastructure development within protected zones unless specifically allowed under management plans. Scenic and tourism areas are further regulated by the Department of Tourism in coordination with the DENR under the Republic Act 9593, known as the Tourism Act of 2009.

2.2 What are the key features of the regulatory regime that protects against environmental nuisances (eg, noise, odour and light pollution) in your jurisdiction?

The Civil Code provides the fundamental legal basis for addressing nuisances that interfere with public welfare and private rights. Under Article 694, a 'nuisance' is any act, omission or condition that:

• annoys or offends the senses;
• obstructs public passage; or
• interferes with the comfortable enjoyment of life or property.

This broad definition covers disturbances such as noise, odour, smoke and vibrations that disrupt health, safety or comfort.

The Civil Code distinguishes between:

• public nuisances, which affect a community or considerable number of people; and
• private nuisances, which harm specific individuals.

Liability for maintaining a nuisance attaches not only to the creator but also to any subsequent owner that fails to abate it, as provided in Article 696.

Persons affected by a nuisance may abate it peacefully after due notice or file a civil action for damages or injunction under Articles 697–699. Public officials may also summarily abate nuisances that endanger public health or safety. These remedies reflect the principle of sic utere tuo ut alienum non laedas — 'use your property so as not to injure others'.

Overall, the Civil Code's nuisance provisions balance individual property rights with community welfare. They serve as the foundation of Philippine environmental protection, ensuring that private acts harmful to public health and comfort can be restrained or remedied even without special environmental laws.

Relatedly, if the environmental nuisance is related to or a violation of a specific environmental law (eg, the Clean Water Act or the Clean Air Act, among others), complaints may be brought to the appropriate regulatory agency.

2.3 What are the consequences of breach of these regulatory regimes?

Violations of environmental laws in the Philippines carry administrative, civil and criminal penalties, depending on the nature and severity of the offence:

Administrative sanctions: The DENR or relevant agency may:

• issue cease-and-desist orders;
• suspend or revoke permits;
• impose administrative fines; or
• require cleanup and rehabilitation.

For instance, the Clean Air Act imposes fines of up to PHP100,000 per day of violation; while the Clean Water Act allows fines of up to PHP200,000 per day.

Civil liability: Polluters may be held liable for environmental damage and ordered to pay compensation or restoration costs under Article 2176 of the Civil Code (quasi-delict) and specific provisions of environmental statutes. Citizens may also bring actions under the Rules of Procedure for Environmental Cases (AM 09-6-8-SC) through remedies such as the writ of kalikasan or the writ of continuing mandamus.

A writ of kalikasan may be sought where:

• the constitutional right to a balanced and healthful ecology is violated or threatened with violation by an unlawful act or omission of a public official or private entity; and
• the environmental damage is of such magnitude as to prejudice the life, health or property of inhabitants in at least two cities or provinces.

This petition may be filed with the Supreme Court or any station of the Court of Appeals.

A petition for continuing mandamus is available when a government agency or officer unlawfully neglects the performance of an act specifically enjoined by law, resulting in the violation of an environmental law. This petition may be filed:

• with the regional trial court with jurisdiction over the area in which the neglect or omission occurred; or
• directly with the Court of Appeals or the Supreme Court.

Criminal penalties: Serious environmental violations are subject to imprisonment and fines. For example:

• illegal dumping of hazardous waste under the Hazardous Wastes Control Act may incur a sentence of imprisonment for up to 12 years; and
• illegal logging or wildlife trafficking under the Forestry Code and the Wildlife Conservation and Protection Act may incur a sentence of imprisonment for up to 20 years.

Corporate accountability: Under the Republic Act 11232, also known as the Revised Corporation Code, corporate officers may be held personally liable for environmental offenses committed with their consent or gross negligence.

Public disclosure and reputational consequences: Regulators may publish violators' names in compliance reports, affecting business reputation and regulatory standing.

Enforcement is complemented by citizen participation and judicial oversight, reflecting:

• the Philippines' strong tradition of environmental activism; and
• the judiciary's proactive stance in protecting ecological rights.

3 Climate change/action

3.1 What are the key features of the regulatory regime governing greenhouse gas emissions in your jurisdiction?

The regulatory regime governing greenhouse gas (GHG) emissions in the Philippines is primarily anchored on the Climate Change Act and its amendment, the People's Survival Fund Act. These laws established the Climate Change Commission (CCC) under the Office of the President as the lead policy-making body on climate change, tasked with coordinating, monitoring and evaluating government programmes related to GHG mitigation and adaptation. The CCC also oversees the implementation of the country's National Framework Strategy on Climate Change and National Climate Change Action Plan, which outline the strategic direction for reducing emissions across key sectors such as:

• energy;
• transport;
• agriculture;
• industry; and
• waste management.

Complementing this framework are sector-specific laws that embed GHG regulation into operational policies. The Clean Air Act regulates air pollutants and emissions from stationary and mobile sources, while Republic Act 9513, also known as the Renewable Energy Act of 2008, promotes the shift towards low-carbon energy sources through fiscal incentives and mandatory renewable portfolio standards. Republic Act 11285, otherwise known as the Energy Efficiency and Conservation Act of 2019, further supports emission reduction by mandating energy audits, efficiency standards and conservation programmes for industries and government institutions. These laws collectively contribute to the country's transition towards a more sustainable and carbon-efficient economy.

At the policy level, the Philippines has adopted its nationally determined contribution (NDC) under the Paris Agreement, committing to reduce GHG emissions by up to 75% by 2030, mostly conditional on international support. The DENR, through the EMB, leads the development of a national measurement, reporting and verification (MRV) system for GHG inventories and emission monitoring. This ensures that emissions data from industries and local government units is integrated into national climate reporting.

Overall, the Philippine GHG regulatory regime is multi-sectoral and preventive in nature, combining legislation, policy coordination and international cooperation.

It emphasises:

• mainstreaming climate mitigation in development planning;
• promoting clean energy; and
• enhancing institutional accountability.

While the country has yet to implement a formal emissions trading scheme, its policy direction is increasingly aligned with global efforts towards carbon neutrality and sustainable, low-emission development.

3.2 What emissions trading regimes are operational in your jurisdiction and what are their key features?

The Philippines is in the process of developing its national emissions trading and carbon crediting regime, marking a pivotal step towards a low-carbon economy. While the country does not yet have a fully operational emissions trading system, major legislative and institutional initiatives have emerged to establish one. Central to these developments is House Bill 11375, or the Low Carbon Economy Investment Act, which was approved on third reading by the House of Representatives in June 2025. The bill introduces a hybrid framework combining carbon pricing and emissions trading mechanisms, providing the legal foundation for a national carbon market that aligns with the Philippines' NDC under the Paris Agreement.

This national framework, if enacted, will be administered by the DENR, in collaboration with the CCC and the Department of Finance. These agencies are tasked with creating the institutional infrastructure for the carbon market, including:

• an MRV system;
• sectoral emission thresholds; and
• a national carbon registry.

The proposed carbon price trajectory follows International Monetary Fund recommendations, starting at PHP1,170 per ton of carbon dioxide equivalent and increasing to PHP2,925 by 2030. This price path provides predictability for investors and encourages both domestic and foreign participation in the Philippine carbon market.

In parallel with legislative efforts, the Philippines is also strengthening its voluntary carbon market through partnerships and pilot projects. Since 2023, the DENR has collaborated with Marubeni Corporation, DMCI Holdings and the University of the Philippines–Los Baños on a carbon credit programme focused on reforestation and forest carbon sequestration. This initiative not only promotes biodiversity restoration and rural employment but also lays the groundwork for the issuance of verified carbon credits from nature-based solutions. These credits will eventually be tradeable once the national registry and certification standards are operational.

At the sovereign level, the Philippines has entered the international carbon credit arena through a memorandum of understanding signed in November 2023 between the CCC and Maharlika Carbon Technologies Ltd. This agreement enables the Philippines to trade certified emission reductions and internationally transferred mitigation outcomes under the United Nations Framework Convention on Climate Change (UNFCCC) framework, thereby positioning the country within the sovereign carbon credit market. The initiative aims to link the Philippine carbon registry with the UN system, potentially generating an estimated $14 billion in climate-related benefits from the sale of sovereign credits.

In sum, while the Philippines' emissions trading regime is not yet fully operational, its foundations are being actively built through:

• comprehensive legislation;
• institutional coordination; and
• international collaboration.

The country's approach is notably hybrid and forward-looking, combining compliance-based mechanisms with voluntary and sovereign initiatives. This positions the Philippines to become one of Southeast Asia's emerging carbon market leaders, offering both regulatory clarity and significant opportunities for green investment and sustainable development.

3.3 How prominently does renewable energy feature in the energy mix in your jurisdiction? What regulations and other measures have been put in place to promote the use of renewable energy?

In the Philippines, renewable energy plays an increasingly significant role in the national energy mix, reflecting the country's commitment to achieving a sustainable and resilient energy future. The energy mix is historically dominated by coal and oil, but renewable energy sources such as geothermal, hydro, solar, wind and biomass are gaining prominence. Based on data from the Department of Energy (DOE), renewable energy currently accounts for approximately 30% of the country's total power generation capacity, with geothermal and hydropower remaining the largest contributors. The Philippine government aims to increase this share to 50% by 2040 under the Philippine Energy Plan 2020–2040, aligning with national decarbonisation and energy security goals.

The primary legal framework that promotes renewable energy development is Republic Act 9513, otherwise known as the Renewable Energy Act of 2008. This landmark law establishes a comprehensive system of incentives and mechanisms designed to attract investments in renewable energy. Key provisions include:

• the Feed-in Tariff System, which guarantees fixed payments for renewable energy producers;
• the Renewable Portfolio Standards, which mandate electricity suppliers to source a minimum portion of their supply from renewable sources; and
• the Net Metering Programme, which allows consumers generating renewable electricity, such as from rooftop solar panels, to export excess energy back to the grid in exchange for bill credits.

The law also provides fiscal incentives, including:

• income tax holidays;
• duty-free importation of renewable energy equipment; and
• tax credits for domestic manufacturers.

In addition, the DOE has implemented policies to strengthen renewable energy integration and investment. These include:

• the Green Energy Option Programme, which allows end users to directly choose renewable energy as their power source; and
• the Green Energy Auction Programme, which encourages competitive pricing for renewable energy capacity.

The government is also supporting the development of offshore wind, hybrid energy systems and energy storage technologies to enhance grid stability and diversify the renewable portfolio.

Local government units are encouraged to incorporate renewable energy development into their local energy and climate plans, particularly in off-grid and remote areas. Development financing institutions, such as the Development Bank of the Philippines and the Land Bank of the Philippines, also provide green financing facilities to support renewable energy projects. The private sector has responded with growing investments in utility-scale solar farms, wind parks and biomass facilities across the country.

Overall, renewable energy is becoming an increasingly prominent component of the Philippine energy landscape. Through a combination of legislative measures, fiscal incentives and market-based programmes, the government seeks to create a more secure, diversified and environmentally sustainable energy system that supports both economic development and climate change mitigation objectives.

3.4 What regulations and other measures have been put in place to promote greater energy efficiency in your jurisdiction?

The Philippines has developed a comprehensive framework to promote energy efficiency and conservation, recognising it as a central component of its sustainable development and climate mitigation agenda. The primary legislation is Republic Act 11285, otherwise known as the Energy Efficiency and Conservation Act of 2019, which institutionalises energy efficiency as a national policy. It seeks to:

• ensure the judicious use of energy resources;
• reduce dependence on imported fuels;
• lower GHG emissions; and
• improve industrial competitiveness and energy security.

Under the Energy Conservation Act, the DOE serves as the lead implementing agency, tasked with:

• formulating energy efficiency standards;
• monitoring compliance; and
• overseeing both public and private sector initiatives.

The law mandates:

• the designation of energy conservation officers;
• the submission of annual energy efficiency reports; and
• the conduct of energy audits by designated establishments.

The Government Energy Management Programme also requires all government offices and local government units to achieve at least a 10% reduction in electricity and fuel consumption, setting an example for private enterprises.

To strengthen implementation, the government introduced supporting measures such as:

• the Minimum Energy Performance Standards for appliances and industrial equipment; and
• the Philippine Energy Labelling Programme, which mandates clear labelling of energy efficiency ratings for consumer products.

Companies that invest in energy-efficient technologies may also avail of tax incentives, duty-free importation of certified equipment and green financing under the Energy Efficiency and Conservation Roadmap 2017–2040. These incentives are facilitated by the Board of Investments and partner financial institutions.

In addition, the DOE leads nationwide awareness initiatives through the Energy Efficiency and Conservation Information, Education and Communication Campaign, which promotes behavioural change and public participation. Local government units are likewise directed to integrate energy efficiency programmes into their local energy development plans, ensuring alignment of national and local objectives.

Overall, the Philippines' regulatory framework on energy efficiency is a combination of:

• legislative mandates;
• fiscal incentives; and
• capacity-building programmes.

Through the Energy Conservation Act and its related policies, the country promotes a culture of responsible energy use, positioning efficiency not just as a cost-saving measure but as a key driver of national energy security and environmental sustainability.

3.5 What other initiatives have been rolled out in your jurisdiction to combat climate change and its effects? How are those effects typically manifesting in your jurisdiction at the present time?

The Philippines has implemented a broad range of initiatives to combat climate change and address its increasingly visible impacts. Central to its national response is the Climate Change Act, which created the Climate Change Commission (CCC) as the lead policy-making body for climate action. The CCC coordinates national and local climate strategies, including the National Framework Strategy on Climate Change and the National Climate Change Action Plan, which outline both mitigation and adaptation priorities such as:

• food security;
• water sufficiency;
• ecosystem resilience; and
• sustainable energy development.

Complementing this framework, the People's Survival Fund (PSF) provides financial assistance to local government units and accredited organisations for climate adaptation projects. The PSF supports initiatives such as:

• early warning systems;
• coastal rehabilitation; and
• resilient agriculture programmes.

The DENR and the Department of Agriculture also implement adaptation programmes, including:

• reforestation and watershed management;
• sustainable forest ecosystems; and
• climate-smart agriculture designed to protect livelihoods and reduce disaster risks.

The DOE and the National Renewable Energy Board promote low-carbon transition measures through the Renewable Energy Act, the Energy Conservation Act and the Philippine Energy Plan 2020–2040 – all of which aim to reduce dependence on fossil fuels. The Philippines also participates in regional and international climate initiatives, including the ASEAN Working Group on Climate Change and the UNFCCC's NDC mechanism, committing to a 75% reduction in GHG emissions by 2030, subject to international support.

At the local level, the National Disaster Risk Reduction and Management Council and local governments are integrating climate adaptation and disaster resilience into their planning under the Philippine Disaster Risk Reduction and Management Act. These measures address recurring climate-related hazards such as:

• typhoons;
• flooding;
• landslides;
• droughts; and
• sea-level rise.

The Philippines is among the world's most climate-vulnerable nations, facing an average of 20 tropical cyclones annually, increasingly erratic rainfall patterns and rising temperatures that threaten food production, infrastructure and public health.

In sum, the country's climate action strategy is multi-sectoral and resilience-oriented, combining:

• legislation;
• financial mechanisms;
• renewable energy expansion; and
• community-based adaptation.

The government's ongoing challenge lies in scaling up these programmes amid limited resources and high exposure to climate risks. Nonetheless, through sustained institutional reforms, international cooperation and local empowerment, the Philippines continues to strengthen its adaptive capacity while pursuing a low-carbon and climate-resilient future.

3.6 What impact is Covid-19 likely to have on climate action in your jurisdiction?

The Covid-19 pandemic had a marked influence on the Philippines' climate action efforts, affecting both the pace and direction of policy implementation. During the height of the pandemic, much of the government's attention and resources were understandably redirected towards public health and economic recovery. As a result, certain climate-related projects – such as renewable energy expansion, environmental monitoring and local adaptation programmes – experienced some delays or adjustments. The CCC and the DENR also faced logistical challenges in sustaining field operations due to mobility restrictions and budget constraints.

At the same time, the pandemic appeared to encourage a more integrated approach to resilience planning. Policymakers began to recognise the connection between public health, economic stability and environmental sustainability. The National Economic and Development Authority and the Department of Finance incorporated climate considerations into recovery and investment frameworks, including the Philippine Development Plan 2023–2028, which highlights green infrastructure, renewable energy and disaster-resilient systems as areas for future growth. While implementation timelines may vary, these measures suggest a gradual shift towards aligning post-pandemic recovery with low-carbon development goals.

At the local level, communities and local government units placed greater emphasis on self-reliance and adaptive practices, including:

• urban greening;
• waste reduction; and
• sustainable agriculture.

These initiatives, though varied in scope, reflect a growing interest in linking livelihood recovery with environmental protection. Some non-governmental and private sector actors also continued to pursue voluntary sustainability and climate programmes, maintaining momentum in the absence of large-scale policy rollouts.

Overall, the pandemic's long-term impact on climate action in the Philippines remains mixed and evolving. While it temporarily slowed certain national programmes, it also opened opportunities to rethink and strengthen resilience-based policies. Rather than reversing progress, the experience may have prompted a more cautious but deliberate effort to integrate climate considerations into broader development planning.

4 Environmental permits and approvals

4.1 What environmental permits and approvals are required in your jurisdiction, and when are these typically required?

In the Philippines, the necessary environmental permits and approvals that must be secured depend on:

• the nature of the activity;
• the type of industry; and
• the location of the project.

Projects that may significantly affect the environment must secure approvals from the DENR and its attached agencies, particularly the EMB. The primary environmental permits are the following.

Environmental compliance certificate (ECC): Projects that are classified as environmentally critical projects or located within an environmentally critical area must secure an ECC under the Environment Impact Statement (EIS) System established by Presidential Decree 1586. The ECC certifies that a project may proceed, provided that the proponent commits to implementing environmental safeguards. If the project is not covered by the EIS System, the EMB will instead issue a certificate of non-coverage.

Permits for air quality: Projects with facilities using fuel-burning equipment, such as generators, must obtain an authority to construct before the installation or construction of emission sources, followed by a permit to operate air pollution source installations. These are required under the Clean Air Act and are to be secured from the EMB.

Permits for water quality: Projects that discharge wastewater must secure a discharge permit under the Clean Water Act. The issuance of a discharge permit requires a proponent to ensure that wastewater discharge complies with applicable effluent standards for water parameters relevant to the project's activities.

Hazardous waste management: Projects that will involve the generation of hazardous wastes must register as hazardous waste generators with the EMB, pursuant to the Hazardous Wastes Control Act.

Under the Hazardous Wastes Control Act, 'hazardous wastes' are defined as substances that are without any safe commercial, industrial, agricultural or economic usage, including:

• byproducts;
• side products;
• process residues;
• spent reaction media;
• contaminated plant or equipment;
• other substances from manufacturing operations; and
• consumer discards of manufactured products.

Entities transporting hazardous waste must register as hazardous waste transporters and secure transport permits. Further, facilities managing and processing hazardous waste must obtain a treatment, storage and disposal facility permit.

Water permit: Projects requiring the appropriation and use of water resources must secure a water permit from the National Water Resources Board.

Tree-cutting and earth-balling permits: Projects that involve cutting or relocating trees must secure tree-cutting permits or earth-balling permits from the DENR–FMB.

Pollution control: Projects and businesses which discharge wastes or are potential sources of pollution must appoint an accredited pollution control officer (PCO). The PCO is responsible for ensuring the project's environmental compliance with relevant laws and regulations.

Mineral extraction: Exploration of mineral resources requires an exploration permit from the DENR – MGB. If extraction is found to be commercially viable, the proponent must secure either a mineral production sharing agreement or a financial or technical assistance agreement in order to proceed to development and production.

Other permits: Projects located within or adjacent to protected areas must obtain approval from the relevant protected area management board. Local government units may also impose additional environmental requirements within their jurisdictions.

4.2 What is the process for obtaining environmental permits and approvals? If a permit or approval is refused, can the decision be appealed?

While requirements vary by permit, an ECC secured under the EIS System is the primary government approval that is required for covered projects and activities. Other permit applications follow the issuance of the ECC.

Under the Revised Procedural Manual for the implementation of the EIS System under DENR Administrative Order 2003-30, the first step in the ECC process is project screening, where the proponent submits the project description to the EMB. The EMB determines whether the project is an environmentally critical project or located in an environmentally critical area. Under the Revised Guidelines for Coverage Screening and Standardised Requirements provided under EMB Memorandum Circular 2014 – 005, projects are classified into four categories:

• Category A projects are undertakings classified as environmentally critical projects and require an ECC.
• Category B projects are undertakings which are not classified as environmentally critical project under Category A, but which are likewise deemed to significantly affect the quality of the environment by virtue of being in an environmentally critical area. These projects also require an ECC.
• Category C projects are undertakings that do not fall under Category A or B which are intended to directly enhance the quality of the environment or directly address existing environmental problems. These projects also require an ECC.
• Category D projects are undertakings that are deemed unlikely to cause significant adverse impact on the quality of the environment according to the parameters set forth in the screening guidelines of the EMB. These projects do not require an ECC but are nonetheless mandated to observe other environmental laws and permitting requirements. These projects may be issued with a certificate of non-coverage.

The next step of the ECC process is project scoping, where stakeholder consultations are conducted to define the environmental impact assessment (EIA) study.

Thereafter, the proponent conducts the EIA study, usually with accredited environmental consultants. This stage includes:

• baseline studies of environmental parameters;
• impact assessments;
• design of mitigating measures; and
• preparation of the environmental management plan (EMP).

The EMP and the results of the EIA are then submitted to the EMB for evaluation. The EMB reviews the submissions for:

• technical sufficiency;
• compliance with the guidelines; and
• adequacy of the proposed mitigation measures.

Public consultations may also be required at this stage.

After evaluation, the EMB will render its decision. If the EMP is deemed sufficient, the EMB will issue the ECC together with the conditions that must be complied with by the proponent throughout the life of the project. The application may be denied:

• should the EMB determine that the EMP and the impacts determined are unacceptable; or
• for non-compliance with any requirement.

After the issuance of the ECC, other environmental permits for air quality, water quality, hazardous waste management and other relevant permits must also be secured by the proponent.

Appeal of denied ECC application: DENR Administrative Order 2003-30 provides that if the ECC application is denied, the proponent may file an appeal within 15 days of receipt of the decision, based on the following grounds:

• grave abuse of discretion on the part of the deciding authority; or
• serious errors in the review of findings.

The DENR may adopt alternative conflict/dispute resolution procedures to settle grievances between proponents and aggrieved parties to avert unnecessary legal action.

The appeal may be filed with the following reviewing authorities:

• the Office of the EMB Director, for decisions rendered by the EMB regional director;
• the Office of the DENR Secretary, for decisions rendered by the EMB director; and
• the Office of the President, for decisions rendered by the DENR secretary.

4.3 What is the duration of environmental permits and approvals?

The duration varies by permit. Under the Revised Procedural Manual for the Implementation of the Philippine EIS System under DENR Administrative Order 2003-30, the ECC application process may take up to 120 working days from submission of the complete requirements. However, in practice, this period may be extended depending on the number of applications being processed and evaluated by the DENR.

4.4 What, if any, requirements and restrictions apply to the transfer of environmental permits and approvals?

In the Philippines, environmental permits and approvals are generally not freely transferable. Environmental permits and approvals are tied to the project, site and proponent. A change in ownership, project details or project management typically requires regulatory notification and prior approval from the DENR.

A transfer of ownership in a project issued with an ECC does not automatically transfer the ECC to the transferee. The transferee must file a request for transfer or amendment of the ECC with the EMB, together with the supporting documents that may be required.

4.5 What ongoing rights and obligations apply to the holder of an environmental permit or approval?

In the Philippines, the holders of environmental permits and approvals acquire the right to proceed with their projects subject to the conditions stipulated in the permits. The permits evidence government authorisation but do not confer absolute rights. The validity of permits and approvals is conditional on the continued compliance of proponents with the relevant laws and conditions. Any violation or non-compliance may result in the suspension or revocation of permits.

ECC holders:

• assume ongoing obligations to comply with:
• • the stipulated conditions; and
  • regulatory requirements such as emission limits, effluent standards and waste management protocols; and
• must comply with reporting requirements.

Certain projects may also be required to maintain environmental funds deposited in government banks. These funds are created to ensure the availability of resources for monitoring and rehabilitation purposes.

4.6 What are the consequences of breach of an environmental approval or permit?

Breach of an environmental approval or permit carries both administrative and legal consequences. Proponents may be penalised for acts or omissions constituting a breach of a permit; the severity of the penalty will depend on the type of violation and the frequency of occurrence.

From a regulatory perspective, the DENR, through the EMB, may impose administrative sanctions, including:

• fines;
• suspension of operations; and
• outright revocation of permits.

The DENR has the authority to issue cease and desist orders, which immediately stops the operation of the project until compliance with the environmental requirements is restored.

Civil liability may also arise if the breach results in environmental damage or injury to third parties. The Rules of Procedure for Environmental Cases (AM 09-6-8-SC) allow affected persons to bring suits against violators of environmental laws. Criminal liability may also be imposed for gross violations under specific environmental statutes.

5 Waste management

5.1 How is 'waste' defined and regulated in your jurisdiction? Does the regime vary depending on the type of waste involved?

In the Philippines, 'waste' may pertain to solid waste or hazardous waste. Solid waste is regulated by the Ecological Solid Waste and Management Act, while hazardous waste is regulated by the Hazardous Wastes Control Act.

Under the Ecological Solid Waste and Management Act, 'solid waste' is defined as all:

• discarded household waste;
• commercial waste;
• non-hazardous institutional and industrial waste;
• street sweepings;
• construction debris;
• agricultural waste; and
• other non-hazardous/non-toxic solid waste.

This definition excludes:

• waste identified as hazardous waste of solid, liquid, contained gaseous or semisolid form, which may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness or acute/chronic effect on the health of persons and other organisms; and
• infectious waste from hospitals such as equipment, instruments and laboratory waste.

5.2 What key rights and obligations apply to waste operators in your jurisdiction? What are the consequences of breach?

Under the Ecological Solid Waste Management Act, waste operators – whether local government units or private contractors – are granted certain rights to manage solid waste within their jurisdiction. These include:

• the right to operate authorised facilities once duly accredited or contracted;
• the right to collect fees or charges for services rendered; and
• the right to due process before any suspension, revocation or cancellation of an accreditation or permit.

The Ecological Solid Waste Management Act also provides the key obligations for waste operators, such as:

• segregation of waste at the source;
• separate handling of biodegradable, recyclable, residual and special waste;
• the establishment of materials recovery facilities;
• compliance with technical standards for the operation of facilities;
• compliance with reporting requirements;
• the implementation of measures to prevent and mitigate environmental hazards and impacts; and
• the proper closure and rehabilitation of disposal facilities at the end of the project's life.

Breach of the obligations entails administrative and legal consequences. Under the Ecological Solid Waste Management Act, administrative penalties include:

• fines;
• suspension of operations; and
• cancellation or non-renewal of permits, licences or accreditations.

Civil liability may also attach to entities that are found to have violated pertinent laws; and criminal charges may be filed against entities for gross violations resulting in environmental damage or injury to persons.

5.3 Are any producer responsibility regimes applicable in your jurisdiction?

The Philippines observes the extended producer responsibility (EPR) regime established under Republic Act 11898, otherwise known as the EPR Act.

The EPR Act amended certain provisions of the Ecological Solid Waste Management Act. The law makes producers accountable for the recovery and proper management of plastic packaging waste throughout their lifecycle.

The EPR regime applies to large enterprises that generate plastic packaging waste. Micro, small and medium enterprises are encouraged to practise EPR voluntarily.

Obliged enterprises must register their EPR programmes with the National Solid Waste Management Commission. These enterprises are mandated to recover or offset their respective plastic packaging footprint.

6 Hazardous substances

6.1 What are the key features of the regulatory regime governing hazardous activities and substances in your jurisdiction?

The regulation of hazardous waste and substances in the Philippines is governed by the Hazardous Wastes Control Act. This law and its implementing rules established a comprehensive regime for the monitoring, handling, control, storage and proper disposal of hazardous waste that is consistent with the public policy to protect public health and the environment.

The Hazardous Wastes Control Act imposes strict rules on the generation, transport, treatment, storage and disposal of hazardous waste. Generators must:

• register with the EMB; and
• ensure the proper classification, segregation, storage and labelling of hazardous waste.

Transporters and treaters, as well as operators of treatment, storage and disposal facilities, must:

• secure permits;
• comply with manifest systems for proper hazardous waste monitoring; and
• adhere to technical and safety standards.

The regulatory framework observes the 'cradle-to-grave' principle, which places continuing responsibility on the hazardous waste generator from generation to final disposal. Liability for improper handling cannot be shifted by mere contractual arrangements between generators, transporters and treaters.

6.2 What key rights and obligations apply to operators of hazardous sites in your jurisdiction?

Operators of hazardous sites in the Philippines are primarily regulated by the Hazardous Wastes Control Act and its implementing rules and regulations. These laws and regulations establish both rights and obligations of operators in relation to the proper treatment, storage, handling and disposal of hazardous waste.

The rights of operators include:

• the right to operate the hazardous waste facility once duly registered;
• the right to impose fees and charges for services rendered; and
• the right to due process before the suspension or revocation of their permits.

The obligations of operators are more extensive. They must:

• secure an ECC;
• maintain the necessary applicable permits, including:
• • hazardous waste generator registration;
  • a transporter permit; and
  • a treatment, storage and disposal facility permit;
• comply with technical standards for:
• • facility design;
  • handling;
  • treatment methods; and
  • final disposal procedures; and
• comply with reporting requirements.

These obligations are strictly imposed to minimise environmental and public health risks.

6.3 What reporting requirements apply to environmental accidents in your jurisdiction?

In the Philippines, reporting requirements for environmental accidents are governed by different environmental statutes which establish obligations for immediate notification, documentation and reporting to the EMB.

For instance, under the Hazardous Wastes Control Act, transporters handling hazardous substances must immediately report any accident that results in the spillage or release of hazardous waste into the environment.

In addition, under DENR Administrative Order 2014-02, pollution control officers are mandated to report within 24 hours of the occurrence of any of the following environmental incidents to the concerned regional office of the EMB:

• the breakdown of any pollution source and/or control facility or monitoring instruments; or
• the release of chemicals or hazardous waste into the environment.

Exceedances of effluent and emission standards must also be reported within 24 hours.

6.4 What is the process for investigating environmental accidents in your jurisdiction?

The investigation of environmental accidents is led by the DENR, through the EMB. Upon receipt of notification, the EMB conducts a site inspection to confirm and document the incident.

If the incident results in physical injuries, first aid, medical treatment and the evacuation of affected individuals from the contaminated area must be carried out. The site must then be secured, after which the investigators will prepare a formal report of their findings.

The EMB also ensures that corrective actions are implemented and completed through subsequent enforcement and monitoring activities.

6.5 What are the potential consequences of breach of the regulatory regime governing hazardous activities and substances – both for operators themselves and for directors, managers and employees?

In the Philippines, breaches of the regulatory regime governing hazardous activities and substances, such as those covered by the Hazardous Wastes Control Act, may result in administrative and legal consequences.

For operators, violations can result in administrative sanctions such as:

• fines;
• suspension of operations;
• revocation of permits; and
• civil liability for damages and costs of rehabilitation.

Responsible officers and employees of the operators may be held criminally liable for gross violations of environmental laws resulting in environmental damage and injury to persons.

7 Contaminated land

7.1 What are the key features of the regulatory regime governing contaminated land in your jurisdiction?

The Philippines does not have a statute that establishes a regulatory regime for contaminated land.

7.2 Who bears the liability for the clean-up of contaminated land? Can such liability be excluded or subcontracted/delegated?

While the Philippines does not have a dedicated statute establishing a regulatory regime for contaminated land, in practice, liability for the clean-up of environmental incidents attaches to the proponent or operator of the project involved.

For example, in case of a tailings dam failure in mining operations, the contractor that holds the mineral agreement will be held primarily responsible for the rehabilitation of the affected area.

Under the regulatory regime for hazardous waste established by the Hazardous Wastes Control Act, the 'cradle-to-grave' principle applies. This means that liability remains with the generator of hazardous waste from the time the waste is produced until its final disposal. Accordingly, in the event of a spill or leak, the hazardous waste generator remains responsible for the clean-up and rehabilitation of the affected area, even if control of the waste has already been transferred to a transporter or treatment facility.

7.3 How is liability determined in cases where multiple parties have contributed to the contamination?

In the Philippines, liability in cases where multiple parties contribute to contamination is not governed by a single statute specifically addressing contaminated land. Instead, liability is determined through the application of existing environmental laws and the Civil Code.

Where multiple parties are involved, liability may be imposed individually or solidarily, where all parties are held jointly responsible until the damage is fully addressed. The DENR, through the EMB, has the mandate and discretion to conduct investigations and determine the parties that will be held responsible.

In practice, however, the proponent or operator with the primary permit, licence or mineral agreement is often treated as the responsible entity, even where third-party contractors or waste transporters are involved. Contractual arrangements may allocate risk between private parties, but such stipulations do not bind the DENR-EMB and do not exempt any party from statutory liability.

7.4 Can individuals bring proceedings against polluters, landowners and/or occupiers where they have been affected by contamination? If so, which court/tribunal is competent to deal with such proceedings?

Individuals who are affected by contamination may bring proceedings against polluters, landowners and/or occupiers under:

• the provisions of the Civil Code on damages;
• relevant environmental statutes; and
• the Rules of Procedure for Environmental Cases (AM 09-6-8-SC).

Administrative complaints may be filed directly with the DENR, through the EMB. For judicial actions, complaints may be filed with the proper regional trial court.

The Rules of Procedure for Environmental Cases also provide special civil actions such as the petition for a writ of kalikasan and a petition for continuing mandamus (see question 2.3).

8 Reporting, auditing and disclosure

8.1 Are any public registers of environmental information maintained in your jurisdiction? If so, what are they, who can access them and how? What possibilities exist for third parties to access environmental information and what is the process for doing so?

In the Philippines, several government agencies maintain publicly accessible registers and databases of environmental information to enhance transparency and accountability. The DENR, through the EMB, is the primary custodian of environmental data. The EMB manages multiple platforms that allow public access to information on:

• environmental permits;
• compliance monitoring; and
• project assessments.

Notable among these is the environmental impact assessment (EIA) database, which publishes lists of approved and ongoing ECCs under the Environment Impact Statement (EIS) System established by Presidential Decree 1586. The database can be accessed through the EMB website and regional offices, where the public may check ECC application status and view related project information.

The EMB also operates the Online Permitting and Monitoring System (OPMS), an electronic platform for the processing and monitoring of permits for air, water and hazardous waste management. While the OPMS primarily serves regulated entities, it indirectly enhances transparency by streamlining data submission and allowing oversight by relevant authorities. In addition, the EMB maintains accreditation records of pollution control officers (PCOs), which are typically available through its central and regional offices. These records ensure that industries employ accredited professionals to oversee compliance with environmental regulations, though there is no single centralised public registry of PCOs.

Public and third-party access to environmental information is also supported by the freedom of information (FOI) framework under Executive Order 2, Series of 2016. Through the national e-FOI portal or written requests, individuals and organisations can request environmental documents such as project assessments, compliance reports or enforcement actions from the DENR and its attached agencies. Access may be granted unless restricted by confidentiality, privacy or national security considerations.

Other agencies maintain specialised databases relevant to environmental governance. The MGB provides public access to information on mining tenements, permits and environmental protection programmes through its public portal.

Overall, while the Philippines does not have a single consolidated public register of environmental information, multiple agency-managed platforms provide varying degrees of access. The combination of the EMB's online systems, sectoral databases and the FOI mechanism reflects the country's continuing efforts to make environmental governance more transparent and participatory.

8.2 What environmental reporting requirements apply to companies in your jurisdiction?

In the Philippines, companies are subject to several environmental reporting requirements under national laws and administrative regulations that promote accountability, compliance and sustainable business practices. The primary reporting framework is implemented by the DENR, through the EMB, which requires regulated establishments to submit periodic reports on air, water and waste management performance. These reports form part of the monitoring and compliance mechanisms under laws such as:

• the Clean Air Act;
• the Clean Water Act; and
• the Ecological Solid Waste Management Act.

Under the Clean Air Act, companies with facilities that emit regulated air pollutants must:

• secure and maintain a permit to operate; and
• submit self-monitoring reports on:
• • emission levels;
  • fuel consumption; and
  • compliance with ambient air quality standards.

Similarly, under the Clean Water Act, establishments discharging wastewater must:

• obtain discharge permits; and
• submit self-monitoring reports detailing effluent characteristics and treatment operations.

The Ecological Solid Waste Management Act and related DENR administrative orders also require waste generators to report on:

• waste segregation;
• recycling; and
• disposal practices.

These reports are filed through the EMB's OPMS to facilitate digital submission and regulatory review.

Companies engaged in projects covered by the EIS System under Presidential Decree 1586 must also submit compliance monitoring reports (CMRs) and environmental monitoring reports (EMRs). These documents assess whether commitments under the approved ECC and environmental management plan (EMP) are being met. The reports are usually required on a quarterly or semi-annual basis and are reviewed by the EMB or the concerned regional office.

Publicly listed corporations are further subject to sustainability reporting obligations under the Sustainability Reporting Guidelines for Publicly Listed Companies issued by the Securities and Exchange Commission (SEC). These guidelines require the annual disclosure of environmental, social, and governance performance, including metrics on:

• energy use;
• greenhouse gas emissions;
• water management; and
• waste generation.

Although not all private firms are mandated to comply, the guidelines have influenced broader corporate sustainability reporting across sectors.

Overall, environmental reporting in the Philippines operates on multiple levels: regulatory, compliance-based and voluntary. Through mandatory submissions to the DENR and voluntary sustainability disclosures encouraged by the SEC, companies are expected to:

• demonstrate environmental responsibility;
• track performance; and
• contribute to the country's overall efforts towards environmental protection and sustainable development.

8.3 Are companies in your jurisdiction subject to environmental audit requirements?

In the Philippines, companies – particularly those engaged in activities with potential environmental impact – are subject to environmental audit requirements under various laws and administrative regulations. These audits are designed to:

• assess compliance with environmental standards;
• identify areas for improvement; and
• ensure that pollution prevention and mitigation measures are properly implemented.

The primary legal basis for such audits arises from the Philippine EIS System established under Presidential Decree 1586 and reinforced by:

• the Clean Air Act;
• the Clean Water Act; and
• the Ecological Solid Waste Management Act.

Under the EIS System, projects that have been issued an ECC must undergo regular environmental performance monitoring and auditing to verify compliance with the conditions set forth in their ECC and EMP. Companies must submit CMRs and EMRs on a quarterly or semi-annual basis to the DENR through the EMB. These reports are reviewed to ensure that:

• pollution control and mitigation measures are functioning effectively; and
• environmental standards are being met.

The Clean Air Act and the Clean Water Act further empower the DENR to conduct compliance audits and inspections of industrial and commercial facilities that hold permits to operate or discharge permits. These audits typically include on-site inspections, sampling and validation of self-monitoring data submitted through the OMPS. In case of non-compliance, the EMB may:

• issue notices of violation;
• impose fines; or
• recommend the suspension of permits.

In addition to mandatory audits by the DENR, some companies conduct voluntary environmental audits as part of their corporate sustainability or environmental management systems. Firms certified under ISO 14001 or equivalent standards must perform internal audits to maintain certification, ensuring continuous improvement in environmental performance. Similarly, publicly listed companies are encouraged under the Sustainability Reporting Guidelines for Publicly Listed Companies of the SEC to include audit-based assessments of environmental data in their sustainability disclosures.

In summary, while not all companies are subject to routine environmental audits, those operating in environmentally sensitive sectors or covered by the EIS System and related environmental permits must undergo periodic compliance audits and monitoring by the DENR. Voluntary audits conducted under corporate sustainability frameworks complement these regulatory measures, promoting accountability and continuous improvement in environmental performance across industries.

8.4 When and how must environmental issues be disclosed (eg, in the event of the potential sale of land or a merger or acquisition)?

In the Philippines, the disclosure of environmental issues generally arises in two contexts:

• as part of regulatory compliance under environmental law; and
• as part of due diligence during commercial transactions such as the sale of land, mergers or acquisitions.

Although there is no single statute requiring automatic public disclosure of all environmental liabilities, the obligation to reveal such information is rooted in the principles of good faith, transparency and regulatory compliance under both environmental and corporate frameworks.

Under the EIS System, project proponents must disclose potential environmental impacts and mitigation measures during the EIA process. This disclosure is made through:

• the submission and publication of the EIS; and
• the issuance of an ECC.

These documents become part of the public record accessible through the DENR and the EMB. Non-disclosure or misrepresentation of material environmental information during the EIA process may result in the suspension or revocation of an ECC and administrative penalties.

In commercial transactions, such as mergers, acquisitions or land sales, environmental disclosures are typically made during environmental due diligence, which forms part of the legal and technical review process. Buyers, investors or merging entities often require:

• documentation of compliance with:
• • the Clean Air Act;
  • the Clean Water Act; and
  • the Ecological Solid Waste Management Act; and
• valid permits (eg, permits to operate, discharge permits and ECCs).

This process helps to identify environmental liabilities – such as contamination, outstanding violations or cleanup obligations – which may affect asset valuation and transaction terms. While Philippine law does not prescribe a specific format for these disclosures, they are typically included in representations and warranties clauses in transactional documents to ensure accountability.

9 Tax

9.1 What environmental and climate taxes are applicable in your jurisdiction?

The main form of environmental taxation in the Philippines is the imposition of excise taxes on petroleum products and other goods that have environmental impacts such as automobiles:

• Chapter V of the National Internal Revenue Code (NIRC), as amended by the Tax Reform for Acceleration and Inclusion Law (Republic Act 10963), imposes an excise tax on all refined and manufactured mineral oils and motor fuels.
• Chapter VI of the NIRC imposes an excise tax on automobiles.
• Chapter VII of the NIRC imposes an excise tax on mineral products such as coal and coke.

9.2 Are any exemptions or incentives available?

For the excise tax on petroleum products, Section 135 of the NIRC provides for an exemption for petroleum products sold to:

• international carriers of a Philippine or foreign registry directly importing petroleum products, where the use or consumption is outside the Philippines; and
• entities or agencies covered by tax treaties or international agreements, subject to reciprocity.

In addition, Section 148 grants zero rates to:

• naphtha and pyrolysis gasoline used in lieu of locally extracted natural gas during periods of non-availability thereof;
• liquefied petroleum gas used as petrochemical feedstock; and
• petroleum coke used for power generation, to promote cleaner energy use compared to coal and oil.

For automobiles, Section 149:

• provides for a 50% excise tax reduction for hybrid vehicles; and
• exempts electric vehicles from the excise tax on automobiles entirely.

9.3 What strategies might parties consider to mitigate their environmental and climate tax liabilities?

Parties may mitigate environmental and climate-related excise tax liabilities primarily through fuel and technology substitution to take advantage of zero-rating and tax exemptions. Transport operators may reduce tax liabilities by investing in electric or hybrid vehicles, which benefit from full or partial excise tax relief under Section 149 of the NIRC.

10 Insurance

10.1 What types of environmental insurance arrangements are put in place in your jurisdiction? Is there any mandatory environmental insurance in your jurisdiction? How sophisticated is the environmental insurance market? What, if anything, is excluded from insurance cover?

There is no mandatory environmental insurance in the Philippine jurisdiction. Under Presidential Decree 1586, however, the DENR is authorised to negotiate with project proponents to ensure adequate financial responsibility for contingent events. Under Section 2 of Article VII of DENR Administrative Order 2000-05, upon determining that a project or programme may pose significant public risk or requires rehabilitation or restoration, the DENR may negotiate with project proponents to require a demonstration of financial responsibility. Mechanisms that may be used to demonstrate such financial responsibility include, among others:

• commercial insurance;
• self-insurance through a financial test;
• a surety bond;
• a letter of credit;
• a trust fund; or
• a combination of these instruments.

10.2 What are the 'green finance' arrangements in your jurisdiction? To whom do they apply? What, if any, obligations do they impose? Who is responsible for monitoring, enforcing and reviewing such arrangements in your jurisdiction?

The principal green finance arrangement in the Philippines is established under SEC Memorandum Circular 12, Series of 2018, which adopts the Guidelines on the Issuance of ASEAN Green Bonds pursuant to the ASEAN Green Bond Standards.

These guidelines apply to corporate issuers that issue bonds whose proceeds are exclusively used to finance or refinance eligible green projects. Such projects include, among many others, those relating to:

• renewable energy;
• energy efficiency;
• pollution control;
• clean transportation;
• biodiversity conservation;
• water and wastewater management; or
• climate change adaptation.

Fossil-fuel power generation is expressly excluded from the scope of such projects. Issuers must comply with mandatory disclosures and reporting requirements; and the SEC is the primary regulatory authority responsible for registration, oversight and enforcement, including the power to restrict the use of the 'ASEAN Green Bond' label.

11 Disputes

11.1 In which forums are environmental and climate change disputes heard in your jurisdiction?

The Supreme Court issued the Rules of Procedure for Environmental Cases (AM 09-6-8-SC) to govern the procedures in civil, criminal and special civil actions for violations of environmental and other related laws, rules and regulations. Section 2 provides for their applicability before:

• the regional trial courts;
• the metropolitan trial courts; and
• the municipal trial courts.

A writ of kalikasan under Rule 7 may only be filed with the Supreme Court or the Court of Appeals. A writ of continuing mandamus may be filed with:

• the regional trial court exercising jurisdiction over the territory in which the actionable neglect or omission occurred; or
• the Court of Appeals or the Supreme Court.

11.2 What issues do such disputes involve?

Section 2 of the Rules of Procedure for Environmental Cases applies to all disputes concerning the enforcement or violation of all laws that relate to the conservation, development, preservation, protection and utilisation of the environment and natural resources, including, among others:

• Act 3572, Prohibition Against Cutting of Tindalo, Akli and Molave Trees;
• Presidential Decree 705, Revised Forestry Code;
• Presidential Decree 856, Sanitation Code;
• Presidential Decree 979, Marine Pollution Decree;
• Presidential Decree 1067, Water Code;
• Presidential Decree 1151, Philippine Environmental Policy of 1977;
• Presidential Decree 1433, Plant Quarantine Law of 1978;
• Presidential Decree 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes;
• Republic Act 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground;
• Republic Act 4850, Laguna Lake Development Authority Act;
• Republic Act 6969, Toxic Substances and Hazardous and Nuclear Wastes Control Act;
• Republic Act 7076, People's Small-Scale Mining Act;
• Republic Act 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas;
• Republic Act 7611, Strategic Environmental Plan for Palawan Act;
• Republic Act 7942, Mining Act;
• Republic Act 8371, Indigenous Peoples Rights Act;
• Republic Act 8550, Fisheries Code;
• Republic Act 8749, Clean Air Act;
• Republic Act 9003, Ecological Solid Waste Management Act;
• Republic Act 9072, National Caves and Cave Resource Management Act;
• Republic Act 9147, Wildlife Conservation and Protection Act;
• Republic Act 9175, Chain Saw Act;
• Republic Act 9275, Clean Water Act;
• Republic Act 9483, Oil Pollution Compensation Act of 2007; and
• provisions in
• • Commonwealth Act 141, Public Land Act;
  • Republic Act 6657, Comprehensive Agrarian Reform Law of 1988;
  • Republic Act 7160, Republic Act 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC);
  • Republic Act 7308, Seed Industry Development Act of 1992;
  • Republic Act 7900, High-Value Crops Development Act;
  • Republic Act 8048, Coconut Preservation Act;
  • Republic Act 8435, Agriculture and Fisheries Modernisation Act of 1997;
  • Republic Act 9522, Archipelagic Baselines Law;
  • Republic Act 9513, Renewable Energy Act of 2008; and
  • Republic Act 9367, Biofuels Act.

11.3 What defences and indemnities are available, both for corporates and for individuals?

For ordinary environmental enforcement actions within the scope of Rule 1, Section 2, such as disputes concerning the enforcement or violation of environmental laws, the Rules of Procedure for Environmental Cases do not create new substantive defences. However, Section 2 of Rule 22 provides for the suppletory application of the Rules of Court, allowing defendants to invoke any lawful defence in their pleadings. The Rules of Procedure for Environmental Cases do establish specific defences and indemnities in proceedings under their special remedies, such as:

• the strategic lawsuit against public participation (SLAPP); and
• the writ of kalikasan.

Section 2 of Rule 6 provides for the defence of a SLAPP. If a case is filed against a person involved in the enforcement of environmental laws, the protection of the environment or the assertion of environmental rights, the defendant may:

• file a response interposing as a defence that the case is a SLAPP, supporting this with documents, affidavits, papers and other evidence; and
• by way of counterclaim, pray for damages, attorneys' fees and the costs of the suit.

Section 8 of Rule 7 provides that the respondent in a writ of kalikasan may file a verified return containing all defences to show that it did not violate, threaten to violate or allow the violation of any environmental law, rule or regulation or commit any act resulting in environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

11.4 How are environmental disputes resolved?

Depending on the nature of the relief sought, civil, criminal and special proceedings involving the enforcement or violation of environmental laws may be resolved in accordance with the Rules of Procedure for Environmental Cases or with the Rules of Court applying supplementarily under Section 2 of Rule 22 of the Rules of Procedure for Environmental Cases.

Part II of the Rules of Procedure for Environmental Cases provides for the filing of civil actions for the enforcement of environmental rights or prevention of environmental harm before the trial courts. Part III sets out the rules of procedure for the filing of special civil actions; while Part IV provides for the filing of criminal actions for violations of environmental laws.

11.5 Have there been any recent cases of note?

A recent illustrative decision is Spouses Maliones v Timario, GRs 252834 & 258836 (6 February 2023), which is considered a landmark case as it resulted in one of the first permanent environmental protection orders (PEPOs) being issued pursuant to the Rules of Procedure for Environmental Cases. The case involved a citizen suit filed by residents of Barangay Data, Sabangan, Mountain Province under the rules against numerous purported violations of environmental laws by Spouses Maliones through earth-moving and bulldozing activities, as well as farming activities, in a public forest that "would lead to unimaginable environmental damage not only to the prejudice of their own constitutional right to a balanced and healthful ecology, but also to that of their children, the present generation, and the generations yet unborn".

The Supreme Court:

• affirmed the factual findings of the trial court and Court of Appeals that the acts of Spouses Maliones violated the Forestry Code;
• issued a PEPO; and
• ordered the Department of Environment and Natural Resources and local officials to rehabilitate, patrol and protect the affected forest area.

This case is an example of the active role that the courts may take in enforcing environmental stewardship and community participation through the Rules of Procedure for Environmental Cases.

12 Trends and predictions

12.1 How would you describe the current environment and climate change landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The Philippines is actively addressing growing environmental concerns, including in relation to climate change and environmental adaptability. Over the next 12 months, the legislature is expected to deliberate on a number of environmental reforms, such as:

• Senate Bill 83, the Department of Water Resources Act, which aims to establish a National Water Resources Management Plan to unify water management; and
• House Bill 4054, the Waste-to-Energy Act, which seeks to establish a systematic ecological solid waste management programme.

13 Tips and traps

13.1 What are your top tips for smooth environmental and climate change compliance in your jurisdiction and what potential sticking points would you highlight?

In the Philippines, smooth environmental and climate change compliance relies on:

• proactive planning;
• accurate documentation; and
• ongoing coordination with regulatory authorities.

Companies should begin by conducting a comprehensive regulatory mapping to identify all applicable environmental laws, permits and reporting obligations relevant to their operations. The key environmental laws include:

• the Environment Impact Statement System under Presidential Decree 1586;
• the Clean Air Act;
• the Clean Water Act; and
• the Ecological Solid Waste Management Act of 2000.

Ensuring compliance from the project planning stage to implementation helps to prevent regulatory delays and penalties. Early coordination with the DENR and the EMB is essential to clarify procedural requirements such as the need for:

• an environmental compliance certificate;
• a permit to operate; or
• a discharge permit.

Maintaining accurate and updated environmental records is also a critical compliance practice. Companies should:

• establish internal monitoring systems to track air, water and waste data; and
• submit self-monitoring reports and compliance monitoring reports on schedule.

Engaging accredited pollution control officers and qualified environmental consultants helps to ensure technical accuracy and timely submission of reports through the Online Permitting and Monitoring System. Regular internal environmental audits and staff training further reinforce compliance readiness and organisational accountability.

From a climate perspective, aligning business operations with national sustainability frameworks such as the Philippine Energy Plan 2020–2040 and the nationally determined contribution under the Paris Agreement allows companies to futureproof their operations and access potential green incentives. Businesses are also encouraged to engage in voluntary initiatives such as renewable energy sourcing, carbon reduction projects and sustainability disclosures in line with the Sustainability Reporting Guidelines for Publicly Listed Companies issued by the SEC. These initiatives not only improve environmental performance but also strengthen corporate reputation and investor confidence.

Common challenges or sticking points include:

• delays in securing environmental permits and approvals due to incomplete submissions;
• inconsistent monitoring and reporting; and
• overlapping requirements among government agencies.

Coordination issues with local government units – particularly concerning land-use approvals, solid waste management or zoning compliance – can also hinder project timelines. Smaller enterprises may face additional challenges related to technical capacity and resource limitations in meeting environmental standards or conducting audits.

In conclusion, smooth environmental and climate compliance in the Philippines requires:

• early engagement;
• consistent monitoring; and
• transparent communication with regulatory authorities.

By embedding environmental management practices into corporate planning and fostering a culture of sustainability, companies can more effectively navigate regulatory requirements while contributing to national goals of environmental protection and climate resilience.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.