PHILIPPINE ENVIRONMENTAL LAWS, POLICIES AND CASE REMEDIES: | AN ACADEMIC DISSECTION 2016 Edition ALVIN T. CLARIDADESPhilippines Copyright 2016 By ALVIN T. CLARIDADES ALL RIGHTS RESERVED No portion of this handbook may be copied or reproduced in book, Pamphlets, outines or notes, whether printed, typewritten, mimeo. graphed, machine copied, or in any other form, for sale or distribution, without the written permission/consent of the Author. Any copy of this book without bearing the corresponding Serial Number and original signature of the Author on this page, either proceeds from an illegitimate source or is in possession of one who has no authority to dispose thereof. No. 172 ISBN 978-621-02-0023-2 Published and Printed by CENTRAL BOOK SUPPLY, INC. 927 Quezon Avenue, Quezon City Philippines central_bks@vahoo.com Republic of the Philippines DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Visayas Avenue, Diliman, Quezon City Foreword It is not very often that we find new environmental law books on library shelves. For one, it takes to spend a great deal of time and tremendous effort to complete one comprehensive legal research out of the diverse and complex topics of environment and considerable number of environmental laws. Not to mention the various international treaties and conventions that the country has adhered to, a sizeable number of laws pertaining to clean air, clean water, solid waste man agement, protected areas, responsible mining, climate change, and disaster risk reduction and management, among others, have been enacted in relatively quick succession. We, in the public sector, have made great strides in en- forcing these legislative enactments and global covenants. Nonetheless, we still believe that more has yet to be done especially now that climate change and extreme weather have become the new normal.This book entitled “Environmental Laws, Policies and Case Remedies: An Academic Dissection”, is an important and Useful book for law students and legal practitioners, not only in apprising them with various environmental laws and treaties, but also in educating them with the underlying principles behind the laws’ enactment and adoption. | thank the author, Atty. Alvin T. Claridades, Director of the Asset Reform Group of the Housing and Urban Development Coordinating Councit (HUDCC) for his great dedication and passion in enhancing the environmental education and awareness in the country. Preface ‘The Idea of writing a book on environmental law took shape right after we taught the subject of environmental law for the first time a couple of semesters back. We took great pains in gathering as much materials as we can to prepare for @ subject that not too many professors of law or legal practitioners would lay their hands on. Only to find out later that there are a few books available on the shelves that we could browse for useful and relevant informa- tion on the subject matter. During our initial research work, we stumbled upon some cases already etched in our rich jurisprudence which somehow moved us to push through with the concept of coming up with a comprehensive book on environmental law. Notable among these Tare case law gems are the Oposa vs. Factoran case which introduced the seminal doctrine of “intergenerational responsibil- ‘iy’ in a clase ult filed by forty four (44) minor children for ard behalf of all the childrer the Philippines and in the name of the generations vet unborn! Also worthy of note is the case of Metropolitan Manila Devel- ‘opment Authority (MMDA) vs. Concerned Residents of Manila Bay where the High Tribunal introduced the concept of the extraordi- rary “writ of continuing mandamus" which commands a party to execute judgment and perform acts for an unlimited period up until the judgment is satisfied and under which the court itself can monitor or direct a government agency to monitor the execution of the judgment through whatever means necessary, including the submission of periodic progress reports to the Court.This book entitled “Environmental Laws, Policies and Case Remedies: An Academic Dissection”, is an important and useful book for law students and legal practitioners, not only in apprising them with various environmental laws and treaties, but also in educating them with the underlying principles behind the laws" enactment and adoption. | thank the author, Atty. Alvin T. Claridades, Director of the Asset Reform Group of the Housing and Urban Development Coordinating Council (HUDCC) for his great dedication and passion in enhancing the environmental education and awareness in the country. Preface The idea of writing a book on environmental law took shape right after we taught the subject of environmental law for the first time a couple of semesters back. We took great pains in gathering ‘as much materials as we can to prepare for a subject that not too many professors of law or legal practitioners would lay their hands on. Only to find out later that there are a few books available on the shelves that we could browse for useful and relevant informa- tion on the subject matter. During our initial research work, we stumbled upon some cases already etched in our rich jurisprudence which somehow moved us to push through with the concept of coming up with a ‘comprehensive book on environmental law. Notable among these rare case law gems are the Oposa vs. Factoran case which introduced the seminal doctrine of “intergenerational responsibil ity” in a class suit filed by forty four (44) minor children for and in behalf of all the children in the Philippines and in the name of the generations yet unborn! Also worthy of note is the case of Metropolitan Manila Devel- ‘opment Authority (MMDA) vs. Concerned Residents of Manila Bay where the High Tribunal introduced the concept of the extraordi- nary “writ of continuing mandamus" which commands a party to execute judgment and perform acts for an unlimited period up until ‘the judgment is satisfied and under which the court itself can monitor or direct @ government agency to monitor the execution of the judgment through whatever means necessary, including the submission of periodic progress reports to the Court.On the procedural aspect, we note that the Supreme Court adopted in 2008 the Rules of Procedure for Environmental Cases Which introduced no less than seven (7) novel provisions in our jurisdiction such as the citizen suits, the consent decree; the Environmental Protection Order (EPO); the Writ of Kalikasan; the Writ of Continuing Mandamus; the Strategic Lawsuits Against Public Participation (SLAP); and the Precautionary principle. The author endeavored to cover in this humble undertaking ‘as much ground as he can in order to properly aid and guide the students of law and other legal enthusiasts in their quest for knowledge and facts about the substantive and adjectival aspects ‘of environmental law. He hopes that in so doing his work shall make a small dent on the field we must all be concemed about our environment. ALVIN T. CLARIDADES Manila, Philippines 12 January 2016 vi About the Author Atty. Alvin Talag Claridades, belonged to the first batch of law students, originally made up of 23 “plucky pioneers” who enlisted when the PUP College of Law opened in 2001. He was, also the first editor-in-chief of “Lex Novus", the first official student organ of the college which first saw print in 2003, Likewise, he was a contributor of the “Law Review" of the college the maiden issue of which came off the press in May 2008. Also a registered civil engineer by profession, he had his first job as an engineering aide at the Department of Public Works and Highways — Third Metro Manila Engineering District based in Malabon, Metro Manila from 1988 to 1992, A self-made journalist, he was also the editor-in-chief of various community newspapers and had some of his opinion ‘writings published in national dailies like Pahayagang Malaya, We Fornm, Inquirer, Philippine Star, Manila Bulletin, Manila Times, Manila Standard, Times Journal, Daily Globe, Balita and Today. Atty, Claridades hails from the suburban town of Obando which is renowned for its 3-day fertility dance festival in the month of May for childless couples in honor of its triumvirate patron saints, San Pascual Baylon, Sta. Clara and Nuestra Sefiora de Salambao, in the historic province of Bulacan, At age 27, he yan and won as a municipal councilor of the Sangguniang Bayan of Obando and served as such from 1992 to 1995, ‘The author eamed his undergraduate degree at the Techno- logical Institute of the Philippines (TIP) in Manila in 1986 as a scholar of the Secretary Guillermo De Vega Memorial Scholar- ship Grant. He was also an active student leader and, when not donning his militant hat then, he was actively participatingin extra-curricular campus activities. He was a bemedalled essayist, extemporaneous and impromptu speaker, quiz bee winner and a "math wizard” medalist as well. In 1999, he pursued graduate studies at the Polytechnic University of the Philippines (PUP) Graduate School as a scholar of the Civil Service Commission Master's Degree Program (CSC- MDP) and completed his academic requirements leading to the degree of Master in Public Administration (MPA) in just three (3) semesters. When the PUP College of Law, however, opened its doors to aspiring law students in June of 2001, he tried his luck. And the rest, as the popular cliché goes, was history. After graduating in May 2006, the author took and passed that year's bar examination, thus becoming one of the first eight (8) lawyers produced by the then fledgling PUP College of Law. ‘He was eventually invited by the college to be a member of its. faculty and has been teaching there since AY 2010, handling various subjects such as Agrarian Law and Social Legislation, Environmental Law, Legal Forms, Legal Writing, Statutory Construction and Civil Procedure. His first published piece is the Philippine Legal Lexicon (2015 Edition) which he started working on since he was still a law student. He is currently completing his books on Housing and Land Use, Transportation and Environmental Laws. ‘At present, Atty. Claridades is a Director IV, a post he has held since 2007, at the Housing and Urban Development Coordi- nating Council (HUDCC), an attached agency of the Office of the President (OP) of the Philippines. vill TABLE OF CONTENTS Pages ENVIRONMENTAL LAW: THEN AND NOW Backdrop of the Philippines’ environmental laws and policies. : ‘The Philippine Environmental Policy The Philippine Environment Code Environmental Impact Statement (HIS) System ‘Major operational principles of the EIS system Environmental Impact Assessment (EIA) Environmental Compliance Certificate (ECC) Constitutional provisions on environment or ecology Other relevant environmental provisions of the 1987 Constitution 13 A. Preamble . 13 B, The National Territory under Articie T see 1B 1. Archipelago ... : 4 2. Territorial waters or Territorial sea . 14 3. Seabed ee soon see 15 4. Subsoil : — 15 5. Insular shelves .. se 15 6. Other submarine areas sone 1B C. Declaration of Principles and State Policies ‘under Article II ' el D. Bill of Rights under Article Il) i 1. Right to due process of law ... 16 2. Right to privacy... 16 3. Right to access to information 7 E. Local Government under Article X . 7 1, Local autonomy nn 7 F. National Economy and Patrimony under Article Xil 18 1. Efficient use of resources : soos 1B xEnvironmontal and other related laws and policies Enforcement agencies A BROOD 2 Prior consultations with the local government units . Bureau of Fisheries and Aquatic Resources ‘TaBLE OF CONTENTS 2. State ownership of natural resources a. Lands of the public domain b. The Regalian Doctrine .. 3. Classifications of landis of the public domain vv... 21 4. Specific limits of forest lands and national parks 5. Rights of indigenous cultural communities 6. Social function of the use of property ... Social Justice and Human Rights under Article XI = 1. Agrarian reform program ..... 2. Rights of subsistence fishermen to preferential use of communal marine and fishing resources .. 23, 3, Health care and regulation .. 23 4. Rights of women .. 24 5. Role and rights of people's organiza. tion .. 24, Department of Environment and Natural Resources (DENR) Forest Management Bureau (FMB) Land Management Bureau (LMB) ..... Parks and Wildlife Bureau (PAWB) ... ‘Mines and Geosciences Bureau (MGB) ... National Bureau of Investigation- Environmental and Wildlife Protection Inves- tigation Division (NBI-EWPID) .. (BFAR) .. Philippine Coast Guard (PCG) .... Philippine National Police-Maritime Group (PNP-MG) Environmental Management Bureat: (EMB) TABLE OF ContENTS Page Free Prior and Informed Consent (FPIC) .. e Intergenerational responsibility and enforceability of environmental rights : Legal standing to sue for the enforcement of envi. ronmental FHGHES orn ee 43 Other cases related to environmental ghee a6 Green Courts .. Procedural rules for environmental cases Highlights and innovations under the Rules Citizen suits 41 Consent decree nn. Writ of Continuing mandamus .. vn Environmental Protection Order (BPO) ... eee BD Writ of Kalikasan . : 54 Strategic Lawsuits Against Public Participation or SLAP .. , 56 Precautionary principle 58 R.A. No. 10654, first law to incorporate the Rules of Procedure for Environmental Cases ... ENVIRONMENTAL LAWS AND POLICIES AND ‘THEIR SALIENT PROVISIONS 1. Presidential Decree No, 705 or the Revised Forestry Code of the Philippines, as amended .. : 61 A. Two offenses penalized under Sec. 68 of Presidential Decree No. 705; case law 61 B. Violation of Sec. 68 of Presidential Decree No. 705, as amended, is malum prohibitum fates] ©. Actual and constructive possession : 63 D. Unlawful occupation or destruction of forest. lands and grazing lands Punished under Sec tion 69 of P.D. No. 705 64 E, Unlawful uso of a chain saw under Section 714] of R.A. No. 9176 ..... octane F. Corpus delicti seen 64 G. Possession of timber 85 xi‘Tapus oF Convenrs Page Proper penalty for Qualified theft Authority to confiscate forest products... J. Property held in custodia legis beyond the reach of replevin ... Sections 68-A and 68 of P.D. NO. 705, as amended, distinguished Arrest; institution of criminal actions . No contempt of court committed for Aiacbering unlawful order... Definitions of “timber” and “Iumber” . Elements of the crime of qualified theft of logs Instances when prosecution for violation of the Revised Forestry Code may be com- menced .. Q. Authority to conduct preliminary investigation ._ Presidential Decree No. 856 or the Code on Sani tation of the Philippines A. Sanitation standards and procedures . B. Powers of the Department of Health under the Code... a ©. Role of the local government units D. Prohibited acts 2. Presidential Decree No. 979 or the Marine Pollu. tion Decree of 1976 A. Probibited acts .. Presidential Decree No. 1067 or the Water Code of the Philippines .. A. Ownership of waters . B. National Water Resources Board (NWRB) C. Quasi-judicial functions of the NWRB...... D. Appellate jurisdiction over NWRB decisions ..... Presidential Decree No. 1151 or the Philippine Environmental Policy A. Environmental impact assessment (EIA) B. Environmental impact statement (EIS) ©. Certificate of Non-Coverage (CNC) ... oH POR EDR xl ‘TABLE OF ConrENTs D. Projects exempted from the requirement of, an EIS E, Projects entitled to CNC F. Nature of grant or denial of an application for ECC or CNC Presidential Decree No. 1493 or the Plant Quaran tine Decree of 1978 ‘A. Power to promulgate a quarantine rules and regulations B. Prohibited animal species . Inspection and certification of plants and plant products and application of the neces- sary quarantine measures D. Domestic quarantine and powers and duties of plant quarantine officers Presidential Decree No. 1586 or the Decree Estab- lishing an Environmental Impact Statement (EIS) System Including Other Environmental Manage- ment Related Measures and for Other Purposes A. Environmental Impact Statement (EIS) system B. Declaration of projects or areas as environ. mentally critical... ©. Projects not covered under the EIS system D, Initial Environmental Examination (IEE) E. Environmental Impact Assessment (EIA) F. Environmental Impact Statement (EIS) . G, Environmental Management Plan (EMP) H. L J. K, EIS and IRE Requirements .. Environmental Compliance Certificate (ECC) |. Certificate of Non-Coverage (CNC) Environmental safeguards for projects or undertakings not covered by the EIS System L. Review process for environmentally critical projects M, Screening ... Page 86 86 ve 86 87 87 87 88 89. 89. aol st 92 92, 94‘Taste oF Cowrents Scoping Scoping report and Agreed-upon scope . Environmental Risk Assessment (ERA) Duty of LGUs under P.D. No. 1586 LGUs role in the EIA review process . Public participation Stakeholders Cease and Desist Order (CDO) Appeal from the ruling of the DENR Regional Executive Director on P.D. No. 1686 ©@$@5 wo... W. Fines and penalties pursuant to P.D. No, 1886 . Ropublic Act No. 4850 or the Laguna Lake Devel- opment Authority (LLDA) Act . Special powers and functions Power to impose fines in pollution cases Power to issue Cease and Desist Orders (CDOs) Jurisdiction on the issuance of permits for fishery privileges .... Powers of LGUs and LLDA distinguished (Quasi-judicial powers of LDA .. . Acts penalized . Republic Act No. 6969 or the Toxic Substances and Hazardous Waste Act + Implomnting Rules end Regulations of A No. 6969 Hazardous substance Hazardous wastes Nuclear wastes von Power of the DENR Secretary to confiscate, impound and impose administrative fines Ex-Parte Order of confiscation or impound- ment Philippine Inventory of Chemicals and Chemical Substances or PICCS Priority Chemicals List or PPCL (Chemical Control Order or CCO poop = “mo xiv 10. 11. 12, ‘TABLE OF ConTENTS J. Confidentiality of trade secrets .. K. Prohibited acts : ‘Republic Act No. 7076 or tine People’s Small- Scale Mining Act of 1991... a Application vis-d-vis R.A. No. 7942 . ‘Small-scale mining and Small-scale miners defined ...... People's small-scale mining areas (PSSMA) Provincial Mining Regulatory Board (PMRB) Panel of Arbitrators Mines Adjudication Board (MAB) DENR Secretary's direct supervision and con- trol over the program and activities of the small-scale miners .... 4H. Rights to ancestral lands o> annoa Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act including all Jaws, decrees, orders, proclamations and issu ances establishing protected areas A. NIPAS and protected areas B. Categories of protected areas . Classifications of protected areas in the Phil- ippines F D. Environmental Impact Assessment (BIA) and Survey for energy resources .. : E. Forest reserves not included in the enumera- tion of areas comprising the initial compo- nent of the NIPAS System .... F. Prohibited acts Republic At No, 942 the Philippine Mining Act of 19951 Mining and its stages on... Exploration wn Development and construction Utilization, HUODD xv 112 118 14 114 4 116 116 117 118 18 120 120 120 32a aaa 124 128 125 126 127 127 127 e128 128‘TaBLe oF Convenrs F. Rehabilitation and Mine Rehabilitation Fund G. Areas open to mining operations .. 128 H. Areas closed to mining applications sve 29) I. Mining permits granted to qualified persons... 130 J. Section 76 of R.A. No, 7942 an eminent do- main provision «... 135 K. State's control and supervision over mining operations 136 L. Provisions on government's control over min- ing enterprises 138 'M. Unconstitutional provisions of R.A. No. 7942 M1 N. Environmental and safety concerns 1150 13. Republic Act No. 8371 or the Indigenous ‘Peoples ™ Rights Act (IPRA) A. Indigenous Cultural Communities ccs) Indigenous Peoples (IPs) 153 B. Ancestral domains ....... C. Ancestral lands ... D. Rights to ancostral domains E. Rights to ancestral lands wa... 7 157 F. Responsibilities of ICCs/IPs to their ancestral domains .. ae 158 G. The Concept of Native Title .. 168 H, Other rights granted the ICCs and IPs 168 I. National Commission on Indigenous Peoples (NCIP) : 159 J. Jurisdiction of the NCDP ves 160 K. Quast-judicial powers of the NCP... 161 L, Preliminary Injunction and Temporary Re straining Order (TRO) may be issued by the NCP . 162 M. Right to ancestral domains and ancestral” lands: how acquired .... = The concept of Native title Ancestral lands private in character .. oz 165 xvi 14, 16, ‘Tanue oF Conrents Page P. Conversion of ancestral lands and domains from private to public agricultural land for PUPOSES Of TEGIStIALION snc en 1B Q. Indigenous concept of ownership and cus- tomary law; ancestral domain is owned in ‘common by the ICCS/IPS sn su 67 R. Cettificate of Ancestral Domain Title (CADT), a mere formal recognition of native title 168 8. Non-inclusion of ownership by the ICCs/IPs over the natural resources; compliance with the Regalian doctrine .. 169 T. Requirements and process of delineation and recognition of ancestral domains 170 U, Free and Prior Informed Consent (FPIC) .. 173 Republic Act No. 8550 or the Philippine Fisheries Code of 1998 os seve 174, A. Application of the provisions of R.A. No. 8550 ......174 B, Exclusive Reonomic Zone (EEZ) «os. 175 ©. Philippine waters D. Continental shelf 175 E, Objectives of the fishery sector under the. Code .. seen LTB F. Prohibitions under the Code : 178 G. Poaching in Philippine Waters TB H. Muro-ami fishing crn snnmnssnes 1TB Be Sabal0 en 180 J. Fishing gears 180 K. Serious violations of the provisions of the Fisheries Code ssn sen 180 L. Administrative sanctions for serious viola. tions : ee : Bl M Citizen's suite 182 N, Strategic Lawsuit Against Public Participa. tion (SLAPP) ....... 183 Republic Act No. 8749 or the Clean Air Act of 1999 a : 7 18416, ‘Tasus oF Conrswrs A, Polluters must pay principle Greenhouse gases : Compressed natural gas (CNG) as alternative fuel. . : ). Emission defined Emission standards for fuel use Certificate of Emission Compliance... }. Writ of mandamus unavailing to command LTFRB and DOTC to require use by POV of CNG as alternative fuel . Ban on incineration Poisonous and toxic fumes defined ... Ambient air quality standard .. National Ambient Air Ouality Guideline Values Non-attainment area .. . Airshed Designation of airsheds Emission quotas .. Emission averaging ... Air pollution clearances and permits for sta~ tionary sources, Financial liability for environmental rehabili- tation ., ‘ S. Environmental Management Plan (EMP) ‘T. Cease and Desist Order (CDO) Republic Act No. 9003 or the Ecological Solid Waste Management Act .. A. Solid Waste B. Ecological solid waste management ec C. Solid Waste Management Plan and National Solid Waste Management Framework iscnnrnnenn 193 D. National Solid Waste Management Commis- sion (NSWMC) . _ 7 E, Powers and Functions of the NSWMC F. National Ecology Center Oso am m OMOZERWerm will 17. 18. 19. ‘TABLE OF ContENTs G. Local Solid Waste Management Boards and Committees H, Local Government Solid Waste Management Plans ... L._Gity or Municipal Solid Waste Management Plan J. Components and elements of the Local Gov- emment Solid Waste Management Plans K. Prohibited acts Republic Act No. 9147 or the Wildlife Conserva- tion and Protection Act ... : A. Wildlife defined B. Scope of application C. Endangered, endemic and exotic species de fined D. Introduction, reintroduction or restocking of ‘endemic or indigenous wildlife Conservation breeding or propagation of threatened species F. Illegal acts G. Poaching ..... H. Committing certain acts in critical habitats Republic Act No. 9175 or the Chainsaw Act of 2002... ‘A. Rationale for the regulation of ownership, possession, sale, transfer and importation of, chain saws e B. Chain saw defined ©. Persons authorized to possess and use a chain saw .. o D. Registration of chain saws E, Prohibited act in Republic Act No. 9275 or the Clean Water Act . A. Water quality management areas, B. Governing boards for water quality man- agement areas . » xix Page 199 200 201 201 212 213 214 214 214 219 219 219 220 220 222 222 222,‘Taste oF Conrewrs Page C. Functions of the Goveming Boards .. 223 D, National Sewerage and Septage Manage- ment Program 223 E, Wastewater charge system 224 F. Discharge permits .. 225 G. Financial liability for environmental rehabil tation; setting up of environmental guarantee fund (EGF)... : H. Prohibited acts Republic Act No. 9729 or the Climate Change Act of 2009 .. Climate change Climate Change Commission Composition of the Commission «run. Qualifications, tenure, compensation and removal of Commissioners Powers and functions of the Climate Change Commission ..... Formulation and review of National Strategic Framework and Program on Climate Change; its components .... . Local Climate Change Action Plan l. People's Survival Fund : People’s Survival Fund Board 7 . Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010 A. Disaster and related terms defined B. Scope _ ©. National Disaster Risk Reduction and Man- agement Council (NDRRMC) D. Powers and functions of the NDRRMC .... E. Organization at the local government level; LDRRMGs .. LDRRMCs' functions Local Disaster Risk Reduction and Manage- ment Office (LDRRMO). : pomp 5 = an ‘TABLE OF Conrents H. Declaration of state of calamity 1. Remedial measure ron ‘RULES OF PROCEDURE FOR ENVIRONMENTAL CASES, A.M. No. 09-6-8-5 (WITH COMMENTARIES AND ANNOTATIONS) . APPENDICES Appendix A— Presidential Decree No. 705 or the Revised Forestry Code of the Philippines Appendix B — Presidential Decree No. 1087 or the Water Code of the Philippines Appendix C'— Presidential Decree No. 1151 or the Philippine Environmental Polioy Appendix D— Presidential Decree No. 1586 or the Decree Establishing an Environmental Impact Statement (EIS) Syatom Appendix E — Republic Act No. 8749 or the Philippine Clean Air Act of 1999 Appendix F — Republic Act No, 9003 or the Eco- logical Solid Waste Management Act of 2000 Appendix G— Republic Act No, 9276 or the Philippine Clean Water Act of 2004 Appendix H— Republic Act No. 9729 or the Cli- mate Change Act of 2009 os Appendix I— Republic Act No, 10174, amend- ing Republic Act No. 9729 or the Climate Change Act of 2009 ee Appendix J— Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010 .ro.nn 00. Page 253 253 2587 345 403 428 431 435 479 640 573 590 610ENVIRONMENTAL LAWS THEN AND NOW Backdrop of the Philippines’ environmental laws and policies In a message delivered at the Judges’ Forum on Envi- ronmental Protection: Philippine Environmental Law, Prac- tice, and the Role of Courts, on August 14, 2003, at the PHILJA Development Center, Tagaytay City, former Chief Justice Reynato S. Puno reiterated the same clarion call he made in an earlier addrass to judges te “equip themeclvoa with a commanding armor of the emerging substantive body of Environmental Law, especially considering the depth and breadth of contemporary environmental issues.” To contextualize his perspective, the then chief magistrate underscored the historical and philosophical backdrop of our country's environmental policies. Special mention was made about the fact that the 1987 Philippine Constitution has enshrined our long-held national policy on the protection and preservation of our ecosytem. In fact, it has been widely recognized that the provisions of the fundamental law of the land are far more progressive and revolutionary than those of the 1935 and 1973 and 1935 Constitutions,2 ations Envinonneetrat Laws, POLICIES AND Cast REMEDIES ‘An Acaneunc Dissecmion But lest we unfairly negate the efforts of the past na- tional leaderships to effect lasting solutions to our envi- ronmental conundrums, let us revisit the policies and pro- grams of yesteryears that have in more ways than one con- ‘tributed to the evolution of our present-day environmental strategies and action plans. We need not go too far in his- tory to reexamine the antecedents. The Philippine Environmental Policy On June 6, 1977, at the height of the infamous martial tule, then strongman Ferdinand Marcos issued Presiden- tial Decree No. 1151 entitled “Philippine Environmental Policy" which declared, among others, a continuing policy of the State to undertake the following: (a) create, develop, maintain and improve condi- tions under which man and nature can thrive in productive and enjoyable harmony with each other; (b) fulfill the social, economic and other require- ments of present and future generations of Fili- Pinos; and (c) insure the attainment of an environmental qual- ity that is conducive to a life of dignity and well- being. Evidently, the enactment was an answer to the per- ceived need then “to formulate an intensive, integrated program of environmental protection that will bring about @ concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements." The decree further emphasized that, in pursuing said environ mental policy, it shall be the responsibility of the Goven- ment, in cooperation with concemed private organizations -Bnvipoxn7aL Laws: THE AND NOW 3 and entities, to use all practicable means in promoting the general welfare to the end that it may: (a) recognize, discharge and fulfill the responsibili- ties of each generation as trustee and guardian of the environment for succeeding generations; (») assure the people of a safe, decent, healthful, productive and aesthetic environment; (©) encourage the widest exploitation of the envi- ronment without degrading it, or endangering human life, health and safety or creating condi- tions adverse to agriculture, commerce and in- dustry; (a) preserve important historic and cultural aspects of the Philippine heritage; (e) attain a rational and orderly balance between population and resonrne nse: and (improve the utilization of renewable and non- renewable resources. ‘The fundamental right to a healthful environment was likewise amply recognized by the government in that landmark piece of legislation such that in the furtherance of the aforestated environmental goals and policies, the government has placed upon each of its citizens the duty and responsibility to contribute to the preservation and enhancement of the Philippine environment. P.D. No. 1151 also introduced the revolutionary con- cept of the “Environmental Impact Statement (EIS)" which is detailed statement that agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities, are mandated to prepare, file and in- clude in every action, project or undertaking which signifi-4 PaPPi ENVIRONMENTAL LA‘wS, POLICES AND Cass Renezos ‘Au Acaniic Dissection cantly affects the quality of the environment. Such EIS shall specifically provide the details 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; () alternative to the proposed action; (@) a.determination thet 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 deplet- able or non-renewable resources, a finding must, be made that such use and commitment are wer- ranted. ‘The Philippine Environment Code On that very same day that P.D. NO. 1151 was signed, President Marcos pushed his pen further by legislating the accompanying “Philippine Environment Code" through Presidential Decree No. 1152. The companion law of PD. No. 1151 was principally aimed at: (a) achieving and maintaining such levels of air quality as to protect public health; and (b) preventing to the greatest extent practicable, in- jury and/or damage to plant and animal life and Property, and promote the social and economic development of the country. P.D. No. 112 codified, enhanced and strengthened the various environmental laws, rules and regulations then Ewvinowenrat Laws: Taw ax Now 5 in existence by providing for specific mandates relative to such concems as: (@) Air quality management; (b) Water quality management; (©) Land use management; (A) Natural resources management and conserva- tion; (e) System of rational exploitation of fisheries and aquatic resources; (® System of rational exploitation and conservation of wildlife resources; (g) Forestry and soil conservation; (a) Measures to mitigate destructive effects of ca- lamities; () Energy development; (@) Conservation and utilization of surface and ground waters; («) System of gainful exploitation and rational and efficient utilization of mineral resources; @) Solid waste management; and (ma) Liquid waste disposal. Environmental Impact Statement (EIS) System On June 11, 1977, Presidential Decree No. 1586 was issued “establishing an Environmental Impact Statement System, including other environmental management re- lated measures and for other purposes.” Under that law, the President of the Philippines may, by proclamation, de- clare certain projects, undertakings or areas in the country as environmentally critical. It also provides that “no per- son, partnership or corporation shall undertake or operate6 ‘Panuirmme ENVIRONMENTAL LaWe, PoLicts AND Cast REMEDIES; ‘Aw Acabinac Disszen10n any such declared environmentally critical project or erea without first ‘securing an Environmental Compliance Cer- tificate (ECC) issued by the President or his duly author- ized representative." More than four (4) years later, or on December 14 1981, the President issued Proclamation No. 2146 “proclaiming certain areas and types of projects as environmentally criti- cal and within the scope of the Environmental Impact Statement System established under Presidential Decree No. 1586." The Decree specifically proclaimed the follow- ing areas and types of projects as environmentally critical and within the scope of the Environmental Impact State- ment (EIS) system: A. Environmentally Critical Projects (ECPs) I Heavy Industries a. and petro-chemical industries including oil and gas 2b. Smelting plants I, Resource Extractive Industries @. 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 Forest occupancy 5. Extraction of mangrove products . Grazing c. Fishery Projects -EnvRONMENTAL Laws: Tee AND INOW 7 1. Dikes for/and fishpond development pro- jects IIL. Infrastructure Projects a. Major dams b. Major power plants (fossil-fueled, nuclear fu- eled, hydroelectric or geothermal) c. Major reclamation projects Major roads and bridges B. Environmentally Critical Areas (ECAs) 1. All areas declared by law as national parks, wa- tershed reserves, wildlife preserves and sanctuar- ies; 2. Areas set aside as aesthetic potential tourist spots; 3. Areas which constitute the habitat for any endan- gered or threatened species of indigenous Philip- pine Wildlife (flora and fauna); 4. Areas of unique historic, archaeological, or scien- tific interests; 5, Areas which are traditionally occupied by cultural communities or tribes; 6. Areas frequently visited and/or hard-hit by natu- tal calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); Areas with critical slopes; 8. Areas classified as prime agricultural lands; 9, Recharged areas of aquifers; 10. Water bodies characterized by one or any combi- nation of the following conditions: @. tapped for domestic purposes8 Pratirenve ENVIRONMENTAL LAs, POLICIES akD Cast REMEDIES ‘AN ACADEMIC DISSECTION ». | within the controlled and/or protected areas declared by appropriate authorities ¢. which support wildlife and fishery activities 11, Mangrove areas characterized by one or any com- bination of the following conditions: a. with primary pristine and dense young growth; b. adjoining mouth of major river systems; ©. | near or adjacent to traditional productive fry or fishing grounds; d. which act as natural buffers against shore erosion, strong winds and storm floods on which people are dependent for their liveli- hood, 12, Coral reefs characterized by one or any combina- tions of the following conditions: a. . With 50% and above live coralline cover; ‘b. Spawning and nursery grounds for fish; ©. which act as natural breakwater of coast- lines. The EIS system has provided the substantive and pro- cedural legal framework for the conduct of Environmental Impact Assessments (EIAs) for projects likely to have sig- nificant environmental impacts. Under P.D. No. 1586 which established the system, the Department of Environment and Natural Resources-Environmental Management Bu- reau (DENR-EMB) as well as the DENR Regional Offices (DENR-ROs) were designated as implementing agencies of the EIS system which was primarily designed to protect the environment and natural resources in the midst of emerging urban and industrial developments, In 1996, the -Bnvmomaer AL Laws: Tex Aub Now 8 DENR issued Department Administrative Order (DAO) No. 96-37 upgrading the EIS system and revising its existing implementing rules and regulations (IRR). In 2000, DENR issued D.A.O, No. 2000-05 that focused on the critical fac- tors of public participation and social acceptability in the entire process of environmental assessment, Major operational principles of the EIS system The following are the key operating principles in the implementation of the EIS system: (a) The EIS system is concemed primarily with as- sessing the direct and indirect impacts of a pro- ject on the biophysical and human environment and ensuring that these impacts are addressed by appropriate environmental protection and en- hancement measures; (b) The EIS system aids proponents in incorporating environmental considerations in planning their projects as well as in determining the environ- ment's impact on their project; (c) Project proponents are responsible for determin- ing and disclosing all relevant information nec- essary for a methodical assessment of the envi- ronmental impacts of their projects; (@) The review of EIA Reports by EMB shall be guided by three (3) general criteria: 1. that environmental considerations are inte- grated into the overall project planning; that the assessment is technically sound and proposed environmental mitigation measures are effective; and10 Prmureive BuviROHMENTAL LAWS, POLICIES AND CASE REMEDINS: ‘Au Acabguic DEsscTION 3. that the EIA process is based on a timely, in- formed and meaningful public participation of potentially-affected communities; (e) Effective regulatory review of the EIA Reports depends largely on timely, full, and accurate dis- closure of relevant information by project propo- nents and other stakeholders in the EIA process; and () The timelines prescribed within which a decision must be issued apply only to processes and ac- tions within the DENR-EMB's control and do not include actions or activities that are the respon- sibility of the proponent (DENR Administrative Order No. 2003-30 pursuant to Administrative Order No. 42 issued by the Office of the President on November 2, 2002). Environmental Impact Assessment (KIA) An Environmental Impact Assessment (EIA) is a proc- ess that involves the prediction and evaluation the prob- able impacts of a project, including the cumulative im- pacts, on the environment during its construction, com- missioning, operation and abandonment. It also includes the design of appropriate preventive, mitigating and en- hancement measures that would address the possible consequences in order to protect the environment and promote the community's welfare. The EIA is basically used to enhance planning and guide decision-making to the end that the requirement to integrate environmental concems in the planning process of projects at the feasibility stage is satisfactorily complied with. Through the EIA process, the potential adverse envi- ronmental impacts of proposed actions or projects are sig- BnvinoMMENTAL Laws: Tae AnD Now " nificantly diminished by way of a reiterative review proce- dure that involves project siting, design and other altema- tives, as well as the formulation of environmental man- agement and monitoring plans. A positive determination by the DENR-EMB results in its issuance of a document called the environmental com- pliance commitment which, when concurred in and signed by the project proponent, shall serve as the project's Envi- ronmental Compliance Certificate (ECC). Environmental Compliance Certificate (ECC) The Environmental Compliance Certificate (ECC) is that document issued by the DENR-EMB that allows an environmentally critical project (ECP) — a project which Poses a potential environmental risk or a significant im- pact to the environment such as agriculture, construction or mining projects — or a project located in an environ- mentally critical area (ECA) — an area or areas that are ecologically, socially or geologically sensitive such as mangroves, coral reefs, and municipal waters — to pro- ceed to the next stage of project planning which involves securing approvals from other government agencies and concemed local government units (LGUs) before its im- plementation can commence. As a certificate issued by the DENR following a posi- tive review of the application by a project proponent, the ECC certifies that the proposed project or undertaking will not cause significant adverse impacts on the environment, It specifically contains the specific measures and condi- tions that must be undertaken and complied with by the project proponent before and during the operation of the project and, in certain cases, some conditions to be per- formed during the project's abandonment phase for the2 Pampers ENVIRONMENTAL LAWS, POLICIS AND CASE REMEDIES: ‘AN Acabaac Dissecmion Purpose of reducing identified potential environmental impacts are likewise contained therein. In addition, the ECC also certifies that the project pro- ponent has complied with all the requirements of the EIS. System and has committed to implement its approved En- vironmental Management Plan (EMP). Constitutional provisions on environment or ecology The multifarious environmental concems which the Environment Code of 1977 (P.D. No. 1152) and related prior Jaws tried to address were further bolstered by the provi- sions of the 1987 Philippine Constitution, particularly Arti- cle Il, Section 16 thereof, which guarantees the right of the People “to a balanced and healthful ecology in accord with the rhythm and harmony of nature” and which, judging from the discussions of the members of the 1986 Constitu- tional Commission, is deomed to be a clear recognition by the state not only of an abstract policy statement but also of an enforceable legal right. The enforceability of this le- gal right was, in fact, emphasized in the 1993 landmark case of Oposa vs, Factoran, G.R. No. 101083, July 30, 1993, 224SCRA 792. While nowhere in the provisions of the fundamental law of the land can the word “environment” be found (ex- cept that used in another context), certain provisions deal- ing on that subject matter can nonetheless be found in, among others, Section 4, Article XII (National Economy and Patrimony) of the 1987 Constitution which calls upon the State to determine the specific limits of forest lands and national parks to protect and conserve our endangered forests and watershed areas as well as to provide meas- ures to prohibit logging therein for a certain period to be determined by law. Meanwhile, the second paragraph of Section 2 of the same Article enjoins the State to “protect [BvisonneawraL Laws: Ten ax NOW 18 the nation’s marine wealth in its archipelagic waters, terri torial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.” ‘Moreover, Section 5, Article XII of the Constitution also commands the State to respect the rights of the indigenous peoples and their cultural communities to their ancestral domains to ensure their economic, social and cultural well- being while Section 4, Article XIII thereof bids the State to “undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.” Other relevant environmental provisions of the 1987 Constitution A. Preamble “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and hu- mane society, and establish a Government that shall embody our ideals and aspirations, promote the com- mon good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitu- tion" (Emphasis supplied). B. The National Territory under Article I ‘The scope of the Philippine territory is found under Ar- ticle I of the 1987 Philippine Constitution which provides: “The national territory comprises the Philippine archipelago, with all the islands and waters em-‘Peotrpenve EnvinoNMEWTAL LAWS, POLICIES AND CASE REMEDIES "AN Acabanic DsseoTi braced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, includ- ing its territorial sea, the seabed, the subsoil, the in- sular shelves, and other submarine areas, The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimen- sions, form part of the internal waters of the Philip- pines” (Emphasis supplied). Based on a dissection of the aforesaid constitutional provision, the Philippine national territory, therefore, in- cludes: (a) the Philippine archipelago, with all the islands and waters embraced therein; (b) all other territories over which the Philippines has sovereignty or jurisdiction consisting of terri- torial, fluvial and aerial domaine; (c) the territorial sea, the seabed, the subsoil, and insular shelves and other submarine areas; and (4) the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions (Art. I, 1987 Constitu- tion). 1. Archipelago An archipelago, sometimes called an island group or island chain, is a chain, cluster or collection of islands. ‘The word archipelago is derived from the Greek word “arkhi” (‘‘chief") and “pélagos" (“sea”). 2, Territorial waters or Territorial sea Territorial waters or Territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea [BN vIROMURHTAL LAWS: THEN ato Nove 15 (UNCLOS), is a belt of coastal waters extending at most 12 nautical. miles (22.2 kilometers; 13.8 miles) from the baseline (usually the mean low-water mark) of a coastal state, The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military and civilian) are allowed innocent pas- sage through it; this sovereignty also extends to the airspace over and seabed below. Adjustment of these boundaries is called, in intemational law, maritime de imitation. The term “territorial waters” is also sometimes used informally to describe any area of water over which a state has jurisdiction, including internal waters, the contiguous zone, the exclusive economic zone and po- tentially the continental shelf. It is also called the “marginal sea," the “marginal belt,” or the “marine belt.” 3. Seabed ‘Seabed is the land that holds the sea, lying beyond the seashore, including mineral and natural resources. It is at the top portion of the submarine area, It is simply the ground under the sea; the ocean floor Also known as the seafloor, sea floor, or ocean floor. 4 Subsoil ‘Subsoil is the layer of soil under the topsoil on the sur face of the ground. Like the topscil, it is composed of a variable mixture of small particles such as sand, silt and/or clay. 5. Insular shelves Insular shelves are the submerged portions of a conti- nent or offshore island which slope gently seaward16 ‘Punuipenve Ewvinowcenra Laws, Poticuss ak Case REMEDns “An Acabmac Dissecrion from the low waterline to a point where a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope un- til the great ocean depths are reached, 6. Other submarine areas Other submarine areas refers to those areas that are under the territorial sea. They are otherwise referred to as seamounts, troughs, trenches, deeps, banks, shoals and reefs, Declaration of Principles and State Policies under Article II “Section 15. The State shall protect and promote the right to health of the people and instill health con- sciousness among them. “Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature." Bill of Rights under Article I 1, __ Right to due process of law “Section 1. No person shall be deprived of life, Uberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” 2, Right to privacy “Section 2. ‘The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever na- ‘ture and for any purpose shall be inviolable, and no search warrant or warrant of arrest shalll issue except -Ewvinonnaeteat Lawes THEM ax Now upon probable cause to be determined personally by ‘the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. ‘Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or or- der requires otherwise, as prescribed by law. “(2)_ Any evidence obtained in violation of this or the preceding section shall be inadmissible for any Purpose in any proceeding.” 3. Right to access to information “Section 7, The right of the people to informa- tion on matters of public concern shall be recognized. Access to official records, and te documents and pa pers pertaining to official acts, transactions, or deci- sions, as well as to government research data used as basis for policy development, shall be afforded the citi- zen, subject to such limitations as may be provided by law." E, Local Government under Article X 1. Local autonomy “Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may pro- vide, consistent with the basic policy of local auton- omy. Such taxes, fees, and charges shall accrue exclu- sively to the local governments. 718 PRILPPINE ENVIRONMENTAL LAWS, POLICIES AND CASE REMEDIES ‘Aw ACADEMIC DISSECTION “Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. “Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their Tespective areas, in the manner provided by law, in- cluding sharing the same with the inhabitants by way of direct benefits.” National Economy and Patrimony under Article XI. 1. _ Efficient use of resources fiona gale fhe national ecoagpy exe Dhsore tribution of opportunitiaso increase is ihe amount of goede and sorvioes pre ed by sha gtion fr tho benoit of tho people: an od preductivty as the key to raising the quality of life for for all, especially the under-privileged. “The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full ané efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino en- terprises against unfair foreign competition and trade practices. “In the pursuit of these goals, all sectors of the ‘economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar col- lective organizations, shall be encouraged to broaden the base of their ownership.” 2. State ownership of natural resources Envigomneraerat Laws: THEN ax Now “Section 2. All lands of the public domain, wa- ‘tors, minerals, coal, petroleum, and other mineral oils, all forces of potential ener; ‘Ber, wildlife, tisre-endfaume,~ancl-other natural re- _Sourges are qvmed by the State, With the exception of agricultural lands, all other natural resources shall not be alionate/The exploration, development, and util zation of natural resources shall be under the full con- ‘Hol and supervision of the State. The State may di- rectly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agréements with FIlpino citizens, or corporations or associations at least sixty per centium of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renew- able for not more than tweity-five years, and under such terms and conditions as may be provided by law In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the dovolop mont of water power, beneficial use may be the meas- lure and limit of the grant. “The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and en- joyment exclusively to Filipino citizens. “The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to sub- sistence fishermen and fishworkers in rivers, lakes, bays, and lagoons. “The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, de- velopment, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contribu- tions to the economic growth and general welfare of 1920 PunurPmie ENVIRONMENTAL LAWs, POLICIES AND CASE REMEDIES ‘Av Acantnre Diss2crion the country. In such agreements, the State shall pro- mote the development and use of local scientific and technical resources. “The President shall notify the Congress of every contract entered into in accordance with this provi- sion, within thirty days from its execution.” @, Lands of the public domain All lands that were m_the Gov- exaaibe ele By parchaso or by grant, long to the Public domain. An exception to the rule would be any land that should have been in the possession of an oc- cupant and of his predecessors in interest since time immemorial for such possession would justify the pre- sumption that the land had never been part of the pub- lic domain or that it had been a private property oven before the Spanish conquest (Oh Cho vs. Director of Lands, 75 Phil,, 890, citing Cariéio vs. Insular Govern- mont, 212 U.S. 449, 69 L. ed. 394), ‘The underlying principle is that all lands that ‘were not acquired from the government, either by pur- chase or by grant, belong to the state as part of the public domain (The Director, Lands Management Bu- eau vs. Court of Appeals, G.R. No. 112567, February 7, 2000, 324 SCRA 77), b, The Regalian Doctrine Under the Regalian doctrine, which is embodied in our Constitution, all lands of the public domain-be- Jong to the State which is the source of any assorted ‘ght to any ownership of land. Alllands not appeating “to bé Gléarly within private ownership are presumed to belong to the State. Accordingly, public lands not shown to have been reclassified or released as alion- able agricultural land, or alienated to a private person by the State, remain part of the inalienable public do- Envnonsnrat Laws: Tew axD Now main (Republic vs. Tri-Plus Corporation, G.R. No. 150000, September 26, 2006, 503 SCRA 91) The burden of proof in overcoming the presump:- tion of State ownership of the lands of the public do- main is on the person applying for registration (or claiming ownership), who must prove that the land subject of the application is alienable or disposable. To overcome this presumption, incontrovertible evidence must be established that the land subject of the appli- cation (or claim) is alionable or disposable (Secretary of the Department of Environment and Natural Re sources vs. Yap, G.R. Nos. 167707 and 173775, October 8, 2008, 568 SCRA 164), 3. Classifications of lands of the public domain “Section 8, Lands of the public domain aro clas- sified into agriculeura, forest or timber, mineral lands and national pets, Agricultural Tana of tho Buble Gomain may be further classified by law according to the uses to which they may be devoted. Alioneble lands of the public domain shall be limited to agricul tural lands. Private corporations or associations may not hold such alienable lands of the public domain ox. cept by lease, for a period not exceeding twnnty.sive years, renewable for not-moze-than twenty-five years, and Gt £9 exceed.ona thousand hectares in area, Citi- zi Of the Philippines may loose no tore tha ive §O jyundred hectares, or acquire not more than twelve wee aes tt “akng eso account the requtemanc of conser Wdtion, ecology, and development, and sunject te tho cannes |< eee et dotersino, Hy lave tho an ef ends of ee ne aaa escatiy afeceaic eee Tenued and tho adres are 4. Specific limits of forest lands and national parks at22 Pnuarerwe ENVIRONMENTAL LAWs, POLICES AND Case REMEDIES ‘Atv ACADEMIC DissecrioN “Section 4. The Congress shall, as soon as pos- sible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may de- termine, measures to prohibit logging in endangered forests and watershed areas.” 5. Rights of indigenous cultural communities “Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and Cultural well-being. “The Congtéss may provide for thé applicability of custom- S57 laws governing property rights or relations. in de- “termining the ownership and extent of ancestral do 7 7 6. Social function of the use of property “Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, in- cluding corporations, cooperatives, and similar collec- tive organizations, shall have the right to own, estab- lish, and operate-econamic enterprises, subject to the uty of the State to promote distributive justice anc intervene when the common good so demands. G. Social Justice and Human Rights under Article XII 1. Agrarian reform program “Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of ENVIRONMENTAL LAWS: Tr AND Now 23 i of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in tho case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encour- age and undertake the just distribution of all agricul- tural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity con- siderations, and subject to the payment of just com- pensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land- sharing.” 2. Rights of subsistence fishermen to preferential use of communal marine and fishing resources Pate “Section 7. ‘The State shell protect the rights of subsistence fichormon, capecially of local communi ties, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, produc- tion, and marketing assistance, and other services, ‘The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against for- eign intrusion, Fishworkers shall recoive a just share from their labor in the utilization of marino and fishing resources, Health care and regulation “Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of24 ‘Pinte Environ at Laws, POLICIES AND Case REMEDIES ‘Aw ACADEMIC DissecTION the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. ‘Section 12. The State shall establish and main- tain an effective food and drug regulatory system and undertake appropriate health, manpower develop- ment, and research, responsive to the country's health needs and problems, “Section 13. The State shall establish a special agency for disabled person for their rehabilitation, self- development, and self-reliance, and their integration into the mainstream of society.” 4. Rights of women “Section 14. The State shall protect working ‘women by providing safe and healthful working condi- tions, taking into account thoir matemal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full po- ‘tential in the service of the nation.” 5. Role and rights of people's organization “Section 15. The State shall respect the role of independent people's organizations to enable the peo- ple to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. “People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, mem- bership, and structure. “Section 16. The right of the people and their organizations to effective and reasonable participation BnvinoMENTAL Laws: Ten AND Now 25 at all levels of social, political, and economic decision- making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms." Environmental and other related laws and policies Consistent with the foregoing constitutional precepts and provisions, the major laws and policies relating to en- vironment (or ecology) now in force and effect are as fol- lows: 1. Presidential Decree No. 708 or the Revised For- estry Code of the Philippines; 2. Presidential Decree No, 856 or the Code on Sanita- tion of the Philippines; 3. Presidential Decree No. 979 or the Marine Pollu- tion Decree of 1976; 4. Presidential Decree No. 1067 or the Water Code of the Philippines; 5. Presidential Decree No. 1151 or the Philippine En- vironmental Policy; 6. Presidential Decree No. 1433 or the Plant Quaran- tine Decree of 1978; 7. Presidential Decree No. 1586 or the Decree Estab- lishing an Environmental Impact Statement (EIS) System; 8. Republic Act No, 4850 or the Laguna Lake Devel- opment Authority (LLDA) Act; 9. Republic Act No. 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990;