III. MEASURES AND POLICY INSTRUMENTS USED FOR INTEGRATION
A. Command and control measuresCommand and control (CAC) measures have traditionally been used to regulate damage to the environment that has been brought about by economic activities. The measures include standards, prohibitions, limits, issuance of permits and licences to operate and/or perform a certain activity. Non-compliance with the standards set by the regulating body are often accompanied by specific penalties and sanctions depending on the type of violations. Annex II lists some of CAC measures currently being implemented in the Philippines and details the legal basis by which these measures are being implemented. The agencies responsible for the enforcement of the regulation are also listed.
At present, the Department of Environment and Natural Resources is the "primary government agency responsible for the conservation, management, development and proper use of the country's environment and natural resources", as stated in Section 4, Executive Order 192). As such, it is the main enforcement agency for pollution matters. EMB, under the Department of Environment and Natural Resources, provides staff support and directly exercises regulatory functions through the EIA System.
While the Department of Environment and Natural Resources is mandated as the main enforcement agency on pollution matters, there are certain areas where it is not able to administer its authority. For example, it does not have jurisdictional authority over the waterworks and sewerage system operated by the Metropolitan Waterworks Sewerage System (MWSS), which accounts for at least 10 per cent of the population in Metro Manila. This is unfortunate in view of the fact that domestic wastes are the main cause of water pollution in the Philippines. This is also true for pollution problems within the jurisdiction of local government units.
As the regulatory and enforcement agency on pollution matters, the Department of Environment and Natural Resources, through EMB and in consultation with the agencies concerned, sets emission and discharge standards for air and water quality management. While standards are set by a single environment agency, the establishment of those standards and enforcing compliance with them is carried out in coordination with a number of line agencies. responsible for ensuring that appropriate measures are undertaken by their respective clients. Some examples of the coordination in implementing command and control measures are given below.
Assessment of the effectiveness of command and control measures
While CAC measures are deemed important, especially in prohibiting certain types of behaviour that have proved harmful to the environment, experience shows that they are not enough to ensure the attainment of the policy objectives of those measures. Most often, the measures promote rent-seeking, especially in the issuance of licences and permits. Rules and regulations are circumvented since monitoring and enforcement costs are often high. The problem is further aggravated by conflicts over jurisdiction which arise between the government agencies concerned over duplication of responsibilities in the enforcement of certain standards and regulations.
CAC regulations, however, allow the establishment and enforcement of
national pollution control standards, support the cleaning up of individual
sites and spills, and regulate toxic and hazardous material production,
in accordance with the Integrated
Environmental Management Programme (IEMP) of 1994. The regulations are
deemed useful in directing the agencies concerned in where to focus their
environmental management efforts.