Pollution Adjudication Board vs. CA et al.

What is Ex parte order?

Ex parte matters are usually temporary orders (like a restraining order or temporary
custody) pending a formal hearing or an emergency request for a continuance. Most
jurisdictions require at least a diligent attempt to contact the other party's lawyer of the
time and place of any ex parte hearing.
What is LLDA?
Sec. 1. Declaration of Policy. It is hereby declared to be the national policy to promote,
and accelerate the development and balanced growth of the Laguna Lake area and the
surrounding provinces, cities and towns hereinafter referred to as the region, within the
context of the national and regional plans and policies for social and economic
development and to carry out the development of the Laguna Lake region with due
regard and adequate provisions for environmental management and control,
preservation of the quality of human life and ecological systems, and the prevention of
undue ecological disturbances, deterioration and pollution.
For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the
Authority shall have exclusive jurisdiction to issue new permit for the use of the lake
waters for any projects or activities in or affecting the said lake including navigation,
construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to
impose necessary safeguards for lake quality control and management and to collect
necessary fees for said activities and projects: Provided, That the fees collected for
fisheries may be shared between the Authority and other government agencies and
political sub-divisions in such proportion as may be determined by the President of the
Philippine upon recommendation of the Authority's Board: Provided, further, That the
Authority's Board may determine new areas of fisheries development or activities which
it may place under the supervision of the Bureau of Fisheries and Aquatic taking into
account the overall development plans and programs for Laguna de Bay and related
bodies of water: Provided, finally, That the Authority shall subject to the approval of the
President of the Philippines promulgate such rules and regulations which shall govern
fisheries development activities in Laguna de Bay which shall take into consideration
among others the following: socioeconomic amelioration of bonafide resident fisherman
whether individually or collectively in the form of cooperatives, lakeshore town
development, a master plan for fishpen construction and operation, communal fishing
ground for lakeshore town residents, and preference to lakeshore town residents in
hiring laborers for fishery projects.
Jurisdiction: Surrounding areas: Laguna, Rizal, San Pablo, Pasay, Manila, Caloocan,
Quezon
Laguna Lake Development Authority vs. Court of Appeals
RA7611 AN ACT ADOPTING THE STRATEGIC ENVIRONMENT PLAN FOR
PALAWAN,
CREATING
THE
ADMINISTRATIVE
MACHINERY TO
ITS
IMPLEMENTATION, CONVERTING THE PALAWAN INTEGRATED AREA

DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING FUNDS

THEREFOR, AND FOR OTHER PURPOSES
SEC. 4 Strategic Environmental Plan. - A comprehensive framework for the sustainable
development of Palawan compatible with protecting and enhancing the natural resources
and endangered environment of the province is hereby adopted. Such framework shall be
known as the Strategic Environmental Plan for Palawan, hereinafter referred to as SEP, and
shall serve to guide the local government of Palawan and the government agencies
concerned in the formulation and implementation of plans, programs and projects affecting
said province.
SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The SEP shall have as its
general philosophy, the sustainable development of Palawan, which is the improvement in
the quality of life of its people in the present and future generations through the use of
complementary activities of development and conservation that protect life-support
ecosystem and rehabilitate exploited areas to allow upcoming generations to sustain
development growth. It shall have the following features:
(1) Ecological viability - The physical and biological cycles that maintain the productivity of
natural ecosystems must always be kept intact.
(2) Social acceptability - The people themselves, through participatory process, should be
fully committed to support sustainable development activities by fostering equity in access to
resources and the benefits derived from them.
(3) Integrated approach - This allow for a holistic view of problems and issues obtaining in
the environment as well as opportunities for coordination and sharing that will eventually
provide the resources and political will to actually implement and sustain SEP activities.
TANO VS SOCRATES
PRESIDENTIAL DECREE No. 1151
PHILIPPINE ENVIRONMENTAL POLICY
WHEREAS, the individual and, at times, conflicting, demands of population growth,
urbanization, industrial expansion, rapid natural resources utilization and increasing
technological advances have resulted in a piecemeal-approach concept of environmental
protection;
WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal
environmental situation where man and nature can thrive in harmony with one another; and
WHEREAS, there is now an urgent need to formulate an intensive, integrated program of
environmental protection that will bring about a concerted effort towards the protection of the
entire spectrum of the environment through a requirement of environmental impact
assessments and statements:
Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop,
maintain and improve conditions under which man and nature can thrive in productive and
enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements
of present and future generations of Filipinos, and (c) to insure the attainment of an
environmental quality that is conducive to a life of dignity and well-being.
Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the
Government recognizes the right of the people to a healthful environment. It shall be the duty

and responsibility of each individual to contribute to the preservation and enhancement

of the Philippine environment.
Section 4. Environmental Impact Statements. Pursuant to the above enunciated
policies and goals, all agencies and instrumentalities of the national government,
including government-owned or controlled corporations, as well as private corporations
firms and entities shall prepare, file and include in every action, project or undertaking
which significantly affects the quality of the environment a detail statement on
(a) the environmental impact of the proposed action, project or undertaking
(b) any adverse environmental effect which cannot be avoided should the
proposal be implemented;
(c) alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of the
long-term productivity of the same; and
(e) whenever a proposal involve the use of depletable or non-renewable
resources, a finding must be made that such use and commitment are
warranted.
Before an environmental impact statement is issued by a lead agency, all agencies
having jurisdiction over, or special expertise on, the subject matter involved shall
comment on the draft environmental impact statement made by the lead agency within
thirty (30) days from receipt of the same.
PRESIDENTIAL DECREE No. 1152
PHILIPPINE ENVIRONMENTAL CODE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

AIR QUALITY MANAGEMENT

WATER QUALITY MANAGEMENT
Protection and Improvement of Water Quality
LAND USE MANAGEMENT
NATURAL RESOURCES MANAGEMENT AND CONSERVATION
Fisheries and Aquatic Resources
Wildlife
Forestry and Soil Conservation
Flood Control and Natural Calamities
Energy Development
Conservation and Utilization of Surface and Ground Waters
Mineral Resources
WASTE MANAGEMENT

MISCELLANEOUS PROVISIONS
1. Section 52. Population-Environment Balance.
2. Section 53. Environmental Education.
3. Section 54. Environmental Research.
4. Section 55. Monitoring and Dissemination of Environmental Information of
Foreign Origin.
5. Section 56. Incentives.
6. Section 57. Financial Assistance/Grant.

7.
8.
9.

Section 58. Participation of Local Government Units and Private Individuals.

Section 59. Preservation of Historic and Cultural Resources and Heritage.
Section 60. Government Offices Performing Environmental Protection
Section 61. Public Hearings

What do you mean by Population-Environment balance? consideration of effect of population

with a view to achieving a rational and orderly balance between man and his environment
What is NGO? Non-government organization
PRESIDENTIAL DECREE
No. 1586 - ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM
INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND
FOR OTHER PURPOSES
WHEREAS, the pursuit of a comprehensive and integrated environmental protection
program necessitates the establishment and institutionalization of a system whereby the
exigencies of socio-economic undertakings can be reconciled with the requirements of
environmental quality;
WHEREAS, the regulatory requirements of Environmental Impact Statement and
Assessment instituted in pursuit of this national environmental protection program have to
work into their full regulatory and procedural details in a manner consistent with the goals of
the program.
Section 1. Policy. - It is hereby declared the policy of the State to attain and maintain a
rational and orderly balance between socio-economic growth and environmental protection.
Section 2. Environmental Impact Statement System. - There is hereby established a
Environmental Impact Statement System founded and based on the environmental impact
statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and
instrumentalities of the national government, including government-owned or controlled
corporations, as well as private corporations, firms and entities for every proposed project
and undertaking which significantly affect the quality of the environment.
What are the projects which require EIA?
- declared by President as environmentally critical project and areas
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines may, on his own initiative or upon recommendation of the
National Environmental Protection Council, by proclamation declare certain projects,
undertakings or areas in the country as environmentally critical. No person, partnership or
corporation shall undertake or operate any such declared environmentally critical project or
area without first securing an Environmental Compliance Certificate issued by the President
or his duly authorized representative. For the proper management of said critical project or
area, the President may by his proclamation reorganized such government offices, agencies,

institutions, corporations or instrumentalities including the realignment of government

personnel, and their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare
the proper land or water use pattern for said critical project(s) or area(s); (b) establish
ambient environmental quality standards; (c) develop a program of environmental
enhancement or protective measures against calamitous factors such as earthquake,
floods, water erosion and others, and (d) perform such other functions as may be
directed by the President from time to time.
RP V CITY OF DAVAO
Pursuant thereto, Proclamation No. 2146 was issued on December 14, 1981,
proclaiming the following areas and types of projects as environmentally critical and
within the scope of the Environmental Impact Statement System established under PD
1586:
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed reserves, wildlife preserves
and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);

4. Areas of unique historic, archaeological, or scientific interests;

5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following conditions;
a. tapped for domestic purposes
b. within the controlled and/or protected areas declared by appropriate authorities
c. which support wildlife and fishery activities
11. Mangrove areas characterized by one or any combination of the following conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing grounds;
d. which act as natural buffers against shore erosion, strong winds and storm floods;
e. on which people are dependent for their livelihood.
12. Coral reefs, characterized by one or any combinations of the following conditions:
a. with 50% and above live coralline cover;
b. spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.