Environmental Law Slides

Environmental law For:Margaret …
I. Environmental Governance: Sustainable Development thru

Envi-f*cking-law
 (Based from Vol.1 –SB Law Journal + da fucking lecture)
 The essence of the environment is the essence of life
- All around us throughout our f*cking lifetime
- It refers to : air, water, earth, land, dirt, all of captain planet combined, the buildings and walls, and
all the structures created by the fire nation
- But the fire nations pervasive and invasive use of our resources – borders the balance to the
dangers of destruction to the world environment.
 Growth thesis
- Gave birth to various distortions of man‘s priorities and his role for the futa-gen (future generations)
 Limits to growth thesis; issues:
- Should the government :
1. Take no action – regarding environmental protection
2. Mild action – in educating the public to conserve the resources
3. Firm action – and impose actual limits
4. Drastic Madafaking Action – to promote growth
 Various challenges to man – posed by the environment
- Population, Food Security, Loss of Species and Ecosystems, Climate change, industry, land use,
ugly mutations of people and insects, gay dudes, feminists, etc.
 Burning issue:
How man handles the challenges and provides for a better world for the futa-gens is the burning
issue. Fire is catching up president madafakingsnow. If we burn you burn with us.
 Main concern of Envi-Law
- To govern the relationship of man with his natural surroundings
- Concept of Stewardship
a) Man is not a destroyer - he is no he-man.
b) Man is the custodian rather than the conqueror of nature
o He must conserve; He must not jerk off all the time
o He must balance development vs. Environmental Protection like circus Charlie
o Resources are limited ; Nature and Humanity needs each other (UNITED)
 Law, an essential tool for sound management of ENVI
- Law is an instrument of social change as well as social control (a.k.a. mindcontrol) HARD LAWS: treaties/
- Includes boring tasks like: statutes/ Consti = real laws
 Legislations; making boring bills; drafting new policies –admin. rules SOFT LAWS: guidelines/
standards/ policies and shit
 Implementing rules / guidelines - and shit like that
 Opportunities for litigaytion  (litigation)
ENVIRONMENTAL LAW: a set of legal rules addressed specifically to activities

which potentially affect the quality of the environment, whether natural or man-made; Consisting of International
& National laws relating to the protection and enforcement of the environment; Encompasses both HARD LAW and
SOFT LAW; whose Elements are derived from sectoral subject areas and functional tasks.
Sectoral Subject Areas: air, marine and inland water, soil, energy, biological diversity
Functional tasks: environmental impact assessments/ resources accounting / envi –auditing/ development plans/ conservation
strategies/ institutional support
 Envi- new field of law

- Back in the days – the OLD LAWS (other branches of laws) have been used to remedy
environmental problems
 Tort law
 Nuisance suits / abatement
- But they ARE INADEQUATE AND INEFFICIENT to defeat the most pressing environmental
monsters
 Envi-law: formulated around important themes
 Nature conservation (conserve the virgin forest)
 Protection of nature (condom the flower)
- This allows Elaboration of Rules making it EASIER to manage and ENFORCE
- Law responds to needs; laws are also preventive;
USE ORIENTED: designed for maximum exploration and development of natural resources (old envi-laws)
Gamit lang ng gamit – user yung mga lumang law
RESOURCE ORIENTED: designed for rational management and conservation of natural resources in order
to prevent their depletion or degradation.(new envi-laws; better envi-laws)
Mas okay yung new law – kasi iniingatan na nila yung mga bagay bagay
 UN STOCKHOLM DECLARATION CENTERED ON MAN as both CREATOR and

MOLDER of his Environment
- Both aspects of environment (natural/man-made) essential to mans wellbeing
- Based on PRINCIPLE 1 of the Stockholm Declaration:
 ― man – right to live in an environment of quality that permits a life of dignity and well
being xxx bla bla bla cock xxx (MORE IMPORTANT PART:) Man bears a solemn
responsibility to protect and improve the environment for the present and future
generations.” (futa-gens)
SUSTAINABLE DEVELOPMENT: development without destruction; optimal development

with minimal destruction; it is the true meaning of conservation (World Conservation Strategy of 1980) ; the wise use of
environment; sustainable utilization compatible with maintenance; ―forward looking development‖
o A process in which the exploitation of the natural resources – the direction of investments – the orientation of
technological development – and the institutional change – ARE ALL IN MADAFAKING HARMONY HARMONY –
and enhances both current and future potential – to meet human needs/aspirations.
o REQUIRES:
1. Political System – effective participation
2. Economic System – generate supplies / possess technical know-how
3. Social System – provide solution to tensions
4. Production System – preserve ecological base
5. Technological System – search continuously for new solutions
6. International System – fosters sustainable patterns of trade and finance
7. Administrative System – must be flexible & capable of self correction
 MORE IMPORTANTLY – IT REQUIRES EFFECTIVE IMPLEMENTATION
 Ineffective law – worse than no law at all
 How are the peeps of da world to be persuaded to act in the common interest (of
saving them madafaking lives collectively)?
- Thru education / institutional development / and environmental legislation
 The other Angle of Sustainable Development: the 3 Pillars:
- What are the 3 pillars of sustainable development b*tch?

1. ECONOMIC GROWTH
 Provides resources for improving the environment
 A pre-requisite for improving social development
 Growth –by itself is NOT sufficient
o It has to be pro-poor ; in order to reduce inequity and deprivation:
o This in turn promotes Social Development
2. SOCIAL DEVELOPMENT
 Well being / general welfare
 Salus populi est suprema lex
 Health services; Access to education; laws empowering the less in life
3. ENVIRONMENTAL QUALITY
 Critical for many production process, without which long term development
cannot be sustained
 SIMPLE DICTUMS EXPLAINING SUSTAINABLE DEVELOPMENT vis-à-vis Ecological Sustainability:

- Species extinction cannot exceed evolution;
- Soil erosion cannot exceed soil formation
- Forest destruction cannot exceed forest regeneration
- Carbon emission cannot exceed carbon fixation
- Human births cannot exceed human death
- Lebron James cannot exceed Kobe.
 Envi-law vis-à-vis Sustainable Development;

- Environmental law is the foundation of sustainable development
- From the beginning : the natural resources laws was USE ORIENTED
- NOW: it is RESOURCE ORIENTED
 The GOAL now is INTEGRATED:
 Both Environmental Protection and Development ; to raise the standard of
living while preserving the environment like the power rangers (wildforce)
 Blend with other areas of law (harmonize: banking / property/ tax law)
 Concentrate on causes – not on the consequence
 TRENDS in evolution of Envi-law:
1. Crystallization of environmental issues in constitutional and policy documents
2. More comprehensive coverage of environmental issues (ex. Biodiversity conservation ;
management of hazardous waste)
3. Establishment of environmental standards/norms
4. Use of economic instruments for environmental management
5. Recognition of international environmental norms
6. Environmental impact assessment
7. Effective coordination of environmental management
8. Efforts towards coherence in legislative framework
9. Establish mechanisms for facilitating compliance with environmental regulations
10. Provision for public participation and review
 MULTILATERAL ENVIRONMENTAL AGREEMENT (MEA)

- Consists of general statements (the skeletal structure/framework)
- Takes into consideration the socio-economic dimension
- Example: Convention on Biodiversity Conservation; Climate Change Convention
 Resource to recovery analysis

- Analyze economic aspect of activities – from the time the resources are extracted:
- Helps point out the pollution control; promote sustainability; expose the areas where development
and environmental regulation clash and help modify the provisions that undermine sustainability.
- Must control – from the outset – rather than wait for the fucking epidemic to invade and pervade
out asses (a move beyond the command and control regulation @.@)
 UN MILLENIUM DEVELOPMENT GOALS

1. Minimize forest depletion
2. Protect land areas to prevent biodiversity loss
3. Reverse the unsustainable use of energy sources that contribute to global warming
4. Improve access to safe drinking water
5. Improve sanitation services and good hygiene practices
6. Increase efficiency in water use
7. Fair allocation of water.
 3 targets to achieve sustainable development

1. Integrate principles of sustainable development into country policies
2. Reduce by half the proportion of people sustainable access to safe drinking water
3. Achieve significant improvement in the lives of at least 100 million slum dwellers by 2020
 2 levels (value of above discussion)

1. Broad level of awareness
- Environmental unity
- Everything is connected // more comprehensive
- If people - approach the problem with greater awareness + with more unity =we can
easily solve the environmental problem and be in harmony with nature
2. More practical level
- Matrushka (Russian grandmother doll) – step by step
- The whole series of legislation is to be implemented within the general framework of
sustainable development to fully appreciate environmental law as a foundation for SD.
II. 1st meeting notes

 Watched the movie : an inconvenient truth – Starring Al Gore and Megan Fox
 Was 30 minutes late – but he gave me plus 5 for setting up the dvd player @.@ #yay
 Global warming sucks
III. 2nd meeting notes

 Midterms question daw:
- What are the climate related environmental problems- as shown in the movie an
inconvenient truth?
- What are the national and international legislation to meet the problem?
 2 LEVELS
- International level
I. Unfcc
II. MEA
III. Protocol – Kyoto protocol
- National level
I. Ra 9729
II. RA 10121
III. Bureaus; pawb
IV. RA 9367 : bio-fuels law
V. RA 10174 : peoples survival fund act
 INTERNATIONAL LEVEL
- UNFCC – united nations framework convention on climate change
- US and Australia not a signatory to UNFCC (polluters); Sabi nila: may mga program
naman sila na mas strict pa to lessen green house effect
- US hindi din signator sa law on sea convention; Sabi ni Ambatol kasi daw
pinroportectahan nila national interest nila
- In 1992, countries joined an international treaty, the United Nations Framework Convention on Climate Change, to
cooperatively consider what they could do to limit average global temperature increases and the resulting climate change,
and to cope with whatever impacts were, by then, inevitable.By 1995, countries realized that emission reductions provisions
in the Convention were inadequate. They launched negotiations to strengthen the global response to climate change, and,
two years later, adopted the Kyoto Protocol. The Kyoto Protocol legally binds developed countries to emission reduction
targets. The Protocol‘s first commitment period started in 2008 and ended in 2012. The second commitment period began
on 1 January 2013 and will end in 2020.
- There are now 195 Parties to the Convention and 192 Parties to the Kyoto Protocol. The UNFCCC secretariat supports all
institutions involved in the international climate change negotiations, particularly the Conference of the Parties (COP), the
Conference of the Parties serving as the meeting of the Parties (CMP), the subsidiary bodies (which advise the COP/CMP),
and the COP/CMP Bureau (which deals mainly with procedural and organizational issues arising from the COP/CMP and
also has technical functions).
- MEA – multilateral environmental agreement

- Consists of general statements/ framework
- Purpose of the MEA‘s regarding UNFCC is to Reduce Greenhouse Gas Emissions
- Multilateral Environmental Agreements or MEAs are international agreements or conventions on the environment that
are agreed by more than two countries. These agreements are predominantly United Nations-driven primarily because of
UN’s representation to the international community. With the transboundary nature of environmental problems, it is very
evident that concerting efforts among countries are needed than ever. (DENR website)
- PROTOCOL
- Ang protocol ―ANAK ng TREATY‖ #bastard
- the etiquette of diplomacy and affairs of state. It may also refer to an
international agreement that supplements or amends a treaty.
- KYOTO PROTOCOL (end in 2016)
- About the UNFCC
- Reduction of green house gas emission
- There is a time frame/ to reduce green house gas emission
- During the Kyoto protocol last year in Poland (2013); 1 commissioner from the
Philippines nag speech about sa Yolanda – tapos nag hunger strike
- Decisions in the conference is not that effective – wala kasing international police –
mahina yung enforcement – yung INTERPOL – peace keeping lang yan – usually ang
pinrpoprotektahan yung endangered species
- The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change,
which commits its Parties by setting internationally binding emission reduction targets.
- Recognizing that developed countries are principally responsible for the current high levels of GHG emissions in the
atmosphere as a result of more than 150 years of industrial activity, the Protocol places a heavier burden on developed
nations under the principle of "common but differentiated responsibilities."
- The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005. The
detailed rules for the implementation of the Protocol were adopted at COP 7 in Marrakesh, Morocco, in 2001, and are referred
to as the "Marrakesh Accords." Its first commitment period started in 2008 and ended in 2012.
- Principle of “common but differentiated” responsibilities

- Means that the Developed country and the Developing country have common goals; common
principles – but because of their differences ; they also have different resposibilties
- DEVELOPED Country: since mas polluted na – dapat mag comply sila ASAP
- DEVELOPING Country: less polluted / pwede mag comply later
 National Level
1. RA9729 : Climate Change Act of the Philippines
- More on creation of a climate change commission
- In furtherance of the UNFCC goals to minimize gas emission
- Sovereignty – followed by
2. RA 10121:
- Creation of natural disaster and risk management coordinating council
- Again it is more institutional
- Based on the UN guidelines for disaster risk reduction
- Japan – 0 casualties – they are ready / daily drill; Philippines – inside the ring of fire
- Manila Cathedral – closed for 4 times in 2 years – 3 times destroyed due to earth quake
pinrepredict nila using animals and shit daw sabi ni sir. burat (Conduct of animals 30
minutes before earthquake hits)
- Flavor of the month na UN ―water conservation‖

- Water Century / water is the next problem (polluted na)
- Kasali Pinas sa sea level rise (also Samoa/ Nauru/ Maldives/ Indonesia / Asgard)
3. Other Orgs?
- Marina; pagasa; philvocs; deped; dar; mwss; napocor;
- bureau of fisheries (under the Dept. of Agriculture (not denr))
- PAWB –protected areas and wild life bureaus

o Wild life park ; they also give permit pag kukuha ka ng exotic animals
like megan fox
4. RA 9367 Biofuels law
- Alternative fuels
- Reservoir of water by collecting rain water
5. Ra10174 People Survival Fund Act
 Green Legislation
- Fisheries – land - mining
 Brown Legislation
- Pollution laws – chemical control law? – waste management law
Principle of Non-Regression (latest)
- Last meeting hield in rio
- If yo already have a standard in a certain sector in environment – there should be no
regression.
 Institutional arrangement for environmental management?

 AGENCIES under the DENR?
- EMB - environmental management bureau
- LMB - land m.b
- FMB - forest –m.b
- BMG - Bureau of Mining
- PAWB - protected areas and wildlife bureau
- PAB - pollution adjudication board
 EO 192 #1987?
- Regorganized the DENR
 Pwede ba incineration sa waste management act? pwede
IV. CASES
Oposa vs. Factoran

G.R. No. 101083 July 30, 1993
FACTS:
 Public records reveal that defendant's predecessors have granted timber license agreements to various corporations for
commercial logging purposes. Their continued allowance to cut and deforest the remaining forest stands will work great
damage and irreparable injury to plaintiffs — especially plaintiff minors and their successors — who may never see, use,
benefit from and enjoy this rare and unique natural resource treasure.
 Alleging that the act of defendant constitutes a misappropriation and/or impairment of the natural resource property he
holds in trust. - Petitioners, all minors asseverating that they "represent their generation as well as generations yet
unborn.", prays that judgment to be rendered: canceling all existing timber license agreements in the country: and
ordering the defendants to Cease and desist from receiving, accepting, processing, renewing or approving new timber
license agreements
 As a defense defendant filed a motion to dismiss on the grounds that petitioners do not have a cause of action; and it is a
political question; dumbfuck Judge granted the motion to dismiss further arguing that a cancelation of the TLA would
violate the non impairment of contracts clause
ISSUE: Whether the petitioners have a cause of action to "prevent the misappropriation or impairment" of Philippine
rainforests and "arrest the unabated hemorrhage of the country's vital life-support systems and continued rape of Mother Earth."
HELD: Yes – they have a cause of action; Section 16 is Self Executing.

 RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY based on Section 16, Article II of the 1987 Constitution
- While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State
Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political
rights enumerated in the latter; Such a right belongs to a different category of rights altogether for it concerns nothing
less than self-preservation and self-perpetuation — aptly and fittingly stressed by the petitioners — the advancement of
which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not
even be written in the Constitution for they are assumed to exist from the inception of humankind; The right to a
balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment.
- #intergenerational responsibility + intergenerational justice
 Section 15 (and Section 16) of Article II of the Constitution are self-executing and judicially enforceable even in
their present form – there is a Cause of Action.
 NON-IMPAIRMENT CLAUSE MAY NOT BE INVOKED- WITH REGARDS TO THE TIMBER LICENSES;
- A timber license is not a contract within the purview of the due process clause;it is only a license or privilege, which can
be validly withdrawn whenever dictated by public interest or public welfare as in this case. 'A license is merely a permit
or privilege to do what otherwise would be unlawful, and is not a contract between the authority, federal, state, or
municipal, granting it and the person to whom it is granted; neither is it property or a property right, nor does it create a
vested right; nor is it taxation'
the Philippine archipelago of 7,100 islands has a land area of thirty million (30,000,000) hectares and is endowed with rich, lush and verdant
rainforests in which varied, rare and unique species of flora and fauna may be found; these rainforests contain a genetic, biological and
chemical pool which is irreplaceable; they are also the habitat of indigenous Philippine cultures which have existed, endured and flourished
since time immemorial; scientific evidence reveals that in order to maintain a balanced and healthful ecology, the country's land area should be utilized on the
basis of a ratio of fifty-four per cent (54%) for forest cover and forty-six per cent (46%) for agricultural, residential, industrial, commercial and other uses; the
distortion and disturbance of this balance as a CONSEQUENCE OF DEFORESTATION have resulted in a host of environmental tragedies, such as
(a) water shortages resulting from the drying up of the water table, otherwise known as the "aquifer," as well as of rivers, brooks and streams, (b) salinization
of the water table as a result of the intrusion therein of salt water, incontrovertible examples of which may be found in the island of Cebu and the Municipality
of Bacoor, Cavite, (c) massive erosion and the consequential loss of soil fertility and agricultural productivity, with the volume of soil eroded estimated at one
billion (1,000,000,000) cubic meters per annum — approximately the size of the entire island of Catanduanes, (d) the endangering and extinction of the
country's unique, rare and varied flora and fauna, (e) the disturbance and dislocation of cultural communities, including the disappearance of the Filipino's
indigenous cultures, (f) the siltation of rivers and seabeds and consequential destruction of corals and other aquatic life leading to a critical reduction in
marine resource productivity, (g) recurrent spells of drought as is presently experienced by the entire country, (h) increasing velocity of typhoon winds
which result from the absence of windbreakers, (i) the flooding of lowlands and agricultural plains arising from the absence of the absorbent mechanism of
forests, (j) the siltation and shortening of the lifespan of multi-billion peso dams constructed and operated for the purpose of supplying water for domestic
uses, irrigation and the generation of electric power, and (k) the reduction of the earth's capacity to process carbon dioxide gases which has led to perplexing
and catastrophic climatic changes such as the phenomenon of global warming, otherwise known as the "greenhouse effect."
Manila Prince Hotel vs. GSIS

G.R. 122156; BELLOSILLO, J : p
 Respondent GSIS- decided to sell through public bidding its outstanding shares
 There was only 2 bidders: (1) petitioner Manila Prince Hotel Corporation, a Filipino corporation, which offered to buy 51% of the MHC and (2)
Renong Berhad, a Malaysian firm which bid for the same number of shares at P44.00 per share, or P2.42 more than the bid of petitioner.
 Pending the declaration of Renong Berhard as the winning bidder; petitioner in a letter to respondent GSIS ; matched the bid price of P44.00 per
share ; then they sent a manager's check for Thirty-three Million Pesos as Bid Security to match the bid of the Malaysian Group- HOWEVER
respondent GSIS refused to accept.
 The court issued a TRO ; and filed a petition for mandamus invoking Sec. 10,(2)., Art. XII, of the 1987 Constitution ; and submits that
the Manila Hotel has been identified with the Filipino nation and has practically become a historical monument which reflects the vibrancy of
Philippine heritage and culture. It is a proud legacy of an earlier generation of Filipinos xxx To all intents and purposes, it has become a part
of the national patrimony.
 It is also the thesis of petitioner that since Manila Hotel is part of the national patrimony and its business also unquestionably part of the national
economy petitioner should be preferred after it has matched the bid offer of the Malaysian firm. For the bidding rules mandate that if for
any reason, the Highest Bidder cannot be awarded the Block of Shares, GSIS may offer this to the other Qualified Bidders that have validly
submitted bids provided that these Qualified Bidders are willing to match the highest bid in terms of price per share.
 As a Defense – respondents allege that Section 10 is not a self executing provision- and thus it requires an implementing law in order to operate;
and law down the conditions under which business may be done; also they claimed that assuming it is self executing – Manila Hotel still does not
fall within the ambit of ―National Patrimony‖ since it refers only to the lands, waters, minerals and all forces of energy etcetera madafakingshit.
They said the fact that there are celebrities and public figures who slept and cuddled in the hotel room – it does not convert it into national
patrimony; also assuming it is for some reason part of the national patrimony – what its selling is only the shares , not the building – so the
constitution is not applicable; lastly the mandamus should faill – since the duty which the petitioner ask is not mandatory, and since he has no
clear legal right.
ISSUE: Won Manila Hotel is Part of National Patrimony; Won Consti – Filipino 1st policy is Self Executing?
HELD: Yes
 The Constitution is the fundamental and paramount law of the nation; Under the Doctrine Of Constitutional Supremacy, if a law or
contract violates any norm of the constitution that law or contract is null and void and without any force and effect. Thus, since the
Constitution is the fundamental, paramount and supreme law of the nation, it is DEEMED WRITTEN IN EVERY STATUTE AND
CONTRACT.
 Adhering to the doctrine of constitutional supremacy, the subject constitutional provision is, as it should be, impliedly written in the
bidding rules issued by respondent GSIS, lest the bidding rules be nullified for being violative of the Constitution.
 CONSIDERED SELF-EXECUTING RATHER THAN NON-SELF-EXECUTING- a contrary rule would give the legislature discretion
to determine when, or whether, they shall be effective. These provisions would be subordinated to the will of the lawmaking body,
which could make them entirely meaningless by simply refusing to pass the needed implementing statute
 NATIONAL PATRIMONY; PROVISION ON PREFERENCE TO QUALIFIED FILIPINOS, SELF-EXECUTING. — Sec. 10, second
par., Art. XII of the 1987 Constitution is a mandatory, positive command which is complete in itself and which needs no further
guidelines or implementing laws or rules for its enforcement. From its very words the provision does not require any legislation to put
it in operation. It is per se judicially enforceable.
 INCLUDES THE NATIONAL RESOURCES AND CULTURAL HERITAGE. — When the Constitution speaks of national patrimony, it
refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term natural resources,
but also to the cultural heritage of the Filipinos.
 Protection of foreign investments, while laudable, is merely a policy. It cannot override the demands of nationalism
 The Manila Hotel or, for that matter, 51% of the MHC, is not just any commodity to be sold to the highest bidder solely for the sake
of privatization. We are not talking about an ordinary piece of property in a commercial district. We are talking about a historic relic
that has hosted many of the most important events in the short history of the Philippines as a nation. We are talking about
a hotel where heads of states would prefer to be housed as a strong manifestation of their desire to cloak the dignity of the highest
state function to their official visits to the Philippines. Thus the Manila Hotel has played and continues to play a significant role as an
authentic repository of twentieth century Philippine history and culture. In this sense, it has become truly a reflection of the Filipino
soul — a place with a history of grandeur; a most historical setting that has played a part in the shaping of a country
 WHEREFORE, respondents GOVERNMENT SERVICE INSURANCE SYSTEM, MANILA HOTEL CORPORATION, COMMITTEE
ON PRIVATIZATION and OFFICE OF THE GOVERNMENT CORPORATE COUNSEL are directed to CEASE and DESIST from
selling 51% of the shares of the Manila Hotel Corporation to RENONG BERHAD, and to ACCEPT the matching bid of
petitioner MANILAPRINCE HOTEL CORPORATION to purchase the subject 51% of the shares of the Manila Hotel Corporation at
P44.00 per share and thereafter to execute the necessary agreements and documents to effect the sale, to issue the necessary
clearances and to do such other acts and deeds as may be necessary for the purpose.
Section 17. Upgrading of Water

Quality. — Where the quality of
water has deteriorated to a
MMDA vs. Concerned Citizens of Manila Bay degree where its state will
G.R. Nos. 171947-48. December 18, 2008 adversely affect its best usage,
the government agencies
FACTS concerned shall take such
measures as may be necessary
 On January 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint before the RTC in Imus, to upgrade the quality of such
Mandamus is Cavite against several government agencies for the cleanup, rehabilitation, and protection of the Manila Bay.; alleging water to meet the prescribed
available to that the water quality of the Manila Bay had fallen way below the allowable standards set by PD 1152 (the Philippine water quality standards.
Environment Code); alleging that due to the continued neglect of petitioners in abating the pollution of the Manila Bay Section 20. Clean-up
compel action, Operations. — It shall be the
the petitioners have violated the Respondents' constitutional right to life, health, and a balanced ecology; The
when refused, Environment Code (PD 1152);The Pollution Control Law (PD 984); The Water Code (PD 1067); The Sanitation Code
responsibility of the polluter to
on matters contain, remove and clean-up
(PD 856); The Illegal Disposal of Wastes Decree (PD 825); The Marine Pollution Law (PD 979); Executive Order No. water pollution incidents at his
involving 192; The Toxic and Hazardous Wastes Law (Republic Act No. 6969); Civil Code provisions on nuisance and human own expense. In case of his
discretion, but relations; The Trust Doctrine and the Principle of Guardianship; and; International Law failure to do so, the government
 The Concerned Citizens in their petition prayed that the government agencies – should be ordered to clean the Manila agencies concerned shall
not to direct the Bay; and to submit a concrete plan of action undertake containment, removal
exercise of  The RTC Ordered Petitioners, jointly and solidarily, to Clean Up and Rehabilitate Manila Bay and and clean-up operations and
expenses incurred in said
judgment or restore its waters to SB classification to make it fit for swimming, skin-diving and other forms of contact recreation. To operations shall be charged
discretion one attain this, defendant-agencies, with defendant DENR as the lead agency, are directed, within six (6) months from against the persons and/or
receipt hereof, to act and perform their respective duties by devising a consolidated, coordinated and concerted
way or the entities responsible for such
scheme of action for the rehabilitation and restoration of the bay. pollution.
other  The MWSS, LWUA, and PPA filed before the CA individual Notices of Appeal which were eventually consolidated; On
the other hand, the DENR, DPWH, MMDA, Philippine Coast Guard, etc. filed directly with this Court a petition for A discretionary duty
A ministerial duty review under Rule 45. - arguing that the pertinent provisions of the Environment Code relate only to is one that "allows a
is one that the cleaning of specific pollution incidents and do not cover cleaning in general. And apart from person to exercise
"requires neither raising concerns about the lack of funds appropriated for cleaning purposes, petitioners also
the exercise of judgment and
asserted that the cleaning of the Manila Bay is not a ministerial act which can be compelled choose to perform or
official discretion
by mandamus.
nor judgment." not to perform."
 The CA Sustained the RTC- denying the petitioners appeal
ISSUE
WON [SECTIONS] 17 AND 20 OF [PD] 1152 RELATE ONLY TO THE CLEANING OF SPECIFIC POLLUTION
INCIDENTS AND [DO] NOT COVER CLEANING IN GENERAL;ATH
Obligation to
THE CLEANING OR REHABILITATION OF THE MANILA BAY IS NOT A MINISTERIAL ACT OF PETITIONERS
Perform duties
vs. how they THAT CAN BE COMPELLED BY MANDAMUS .
carry out such
duties (different
concepts): HELD: YES B*TCHES #IAMCAPTAINPLANET
While the  The statutory command is clear ; the petitioners' duty to comply with and act according to the clear mandate of the law
implementation of This means
the MMDA's does not require the exercise of discretion. The MMDA in particular, are without discretion, for example, to choose that the
mandated tasks may which bodies of water they are to clean up, or which discharge or spill they are to contain; in other words, it is the State,
entail a decision- MMDA's ministerial duty to attend to such services. through
making process, the petitioners,
 The MMDA's duty in the area of solid waste disposal is set forth not only in the Environment Code (PD 1152) and RA has to take
enforcement of the
law or the very act of 9003, but in its charter as well. This duty of putting up a proper waste disposal system cannot be characterized as the lead in
doing what the law discretionary, for, DISCRETION presupposes the power or right given by law to public functionaries to act officially the
exacts to be done is according to their judgment or conscience. Any suggestion that the MMDA has the option whether or not to perform its preservatio
ministerial in nature solid waste disposal-related duties ought to be dismissed for want of legal basis. n and
and may be protection
compelled  A perusal of other petitioners' respective charters or like enabling statutes and pertinent laws would yield this of the Manila
by mandamus. conclusion: these government agencies are enjoined, as a matter of statutory obligation, to perform certain functions Bay.
relating directly or indirectly to the cleanup, rehabilitation, protection, and preservation of the Manila Bay. They are
precluded from choosing not to perform these duties
 Secs. 17 and 20 of the Environment Code Include Cleaning in General
 Sec. 62 (g), in fact, even expanded/enlarged the coverage/operational scope of Sec. 20;by including accidental spills
as among the water pollution incidents contemplated in Sec. 17 in relation to Sec. 20 of PD 1152.
 Sec. 17 requires them to act even in the absence of a specific pollution incident, as long as water quality "has
deteriorated to a degree where its state will adversely affect its best usage; In fine, the underlying duty to upgrade the
quality of water is not conditional on the occurrence of any pollution incident.
 The cleanup and/or restoration of the Manila Bay is only an aspect and the initial stage of the long-term solution. The
preservation of the water quality of the bay after the rehabilitation process is as important as the cleaning phase. xxx. It
thus behooves the Court to put the heads of the petitioner-department-agencies and the bureaus and offices under
them on continuing notice about, and to enjoin them to perform, their mandates and duties towards cleaning up the
Manila Bay and preserving the quality of its water to the ideal level. Under what other judicial discipline describes as
"continuing mandamus": the Court may, under extraordinary circumstances, issue directives with the end in
view of ensuring that its decision would not be set to naught by administrative inaction or indifference. In India, the
doctrine of continuing mandamus was used to enforce directives of the court to clean up the length of the Ganges
River from industrial and municipal pollution.
The era of delays, procrastination, and ad hoc measures is over. Petitioners
must transcend their limitations, real or imaginary, and buckle down to work
before the problem at hand becomes unmanageable. Thus, we must reiterate
that different government agencies and instrumentalities cannot shirk from
their mandates; they must perform their basic functions in cleaning up and
rehabilitating the Manila Bay.
RA 9003 is a sweeping piece of legislation enacted to radically transform

and improve waste management. It implements Sec. 16, Art. II of the 1987
Constitution, which explicitly provides that 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.
So it was that in Oposa v. Factoran, Jr. the Court stated that the right to a
balanced and healthful ecology need not even be written in the
Constitution for it is assumed, like other civil and political rights
guaranteed in the Bill of Rights, to exist from the inception of mankind and
it is an issue of transcendental importance with intergenerational
implications.
Even assuming the absence of a categorical legal provision specifically

prodding petitioners to clean up the bay, they and the men and women
representing them cannot escape their obligation to future generations of
Filipinos to keep the waters of the Manila Bay clean and clear as humanly
as possible. Anything less would be a betrayal of the trust reposed in
them.
V. Homework #2
Nowadays: internally displaced persons

(November 14, 2014 11:25 pm) by Amado S. Tolentino Jr. – Manila Times
 A current concern in many parts of the world:
o developing and protecting rights as part of the efforts to safeguard the environment, attain sustainable
development and alleviate poverty and inequalities.
o This was brought about by the grand-scale and unprecedented PHENOMENON OF ENVIRONMENTAL
REFUGEES as a consequence of natural disasters and unnatural ones like armed conflicts.
 MOST WRITTEN ABOUT RIGHT ; Lately
o Among basic human rights, the right to life and dignity intrinsically tied to the right to an ecologically and
humanly viable environment, is lately most written about, discussed and dissected.
 It is a big issue vis-a-vis climate justice and the future generations of environmental refugees who cross
national borders and internally displaced persons who leave their homes or places of abode and move to another
place within their own country.
 Environmental refugees
o In the Philippine archipelago, they are commonly referred to as INTERNALLY DISPLACED PERSONS.
o In some Pacific island states most vulnerable to sea level rise, people prefer to be called CLIMATE
MIGRANTS
 climate change itself DOES NOT DIRECTLY AFFECT HUMAN RIGHTS.
o Rather, global warming causes environmental change which in turn affects human rights.
o Neither the UN Framework Convention on Climate Change nor its Kyoto Protocol includes any provision
concerning specific assistance for those who will be directly affected by the effects of climate change.
o The Convention Relating to the Status of Refugees, on the other hand,
 applies to those persecuted for reasons of race, religion, nationality or membership in a particular
racial or political group. As the Refugee Convention is not applicable to climate-change-displaced-
people at the moment, those persons deserve to get legal identity through the legal system of each
country.
 The number of internally displaced persons (IDPs) in the Philippines has tremendously increased in the last
few years
o due to conflicts and natural disasters like earthquakes, volcanic eruptions, typhoons, storm surges,
landslides, oil spills, etc.
 This year, it was reported that 11 million Filipinos were displaced by calamities
o due to, among others, typhoons (Glenda, Henry, Luis and Mario) which caused floods, landslides and
monsoon rains that reached some parts of Luzon;
o the magnitude 7.2 earthquake that struck the islands of Bohol and part of Cebu;
o and Typhoon Yolanda in November 2013 which claimed lives, property and crops.
 Likewise, it was reported that the number of IDPs affected by the on-going conflict between the Armed Forces
of the Philippines and Muslim secessionist groups reached 500,000
o . Add to that the IDPs, mostly Muslim residents of Zamboanga including Badjaos, indigenous people
dependent on the sea for livelihood, who fled their communities when armed men from a faction of the Moro
National Liberation Front went into Zamboanga City in an attempt to occupy the place. After a year, they
remain displaced, accommodated in the city sports center in temporary makeshift shelters.
 In Southeast Asia, the Philippines ranks third after Myanmar and Indonesia as a country with the most number
of IDPs and among the top forty (40) countries where internal displacement is considered a significant new
phenomenon.
 TO MEET THE CHALLENGES posed by internally displaced persons,

o a bill is pending before the 16th Congress of the Philippines to protect their rights (HR Bill No. 00239).
o This legal initiative would not only help the country to manage unexpected displacement but also reduce
overall climate change vulnerabilities.
o It is about giving them access to basic necessities like shelter, food and clean water; guaranteeing their
freedom of movement and family unity; providing them facilities for good health and education; as well as
protecting their property and possessions.
o Contemplated also are the rights to essential medicine and sanitation; the right of expectant mothers and
newborns; the right of persons with disabilities; the right to family reunification; the right of protection against
criminals; the right to communication including access to information and communication in a language they
understand; and the right to express grievances.
 If approved by Congress and signed into law by the President, the law will be the first in Asia and serve as a
model for countries facing similar issues of displacement and violation of people’s rights as the government
is unable to serve the general welfare of its constituents
o Most important of all, it will help promote the human rights-based approach to disaster risk reduction and
management.
VI. Sovereignty over Natural Resources: change of concept

or change of perception?
 The concept of sovereignty is difficult to to fathom – with reference to the ECOLOGY
Because ECOLOGY has something to do with INTERDEPENDENCE – rather
-
than the concept of independence which is usually associated with sovereignty
- Sovereigntits
 Interdependence in natural resource governance (coordination)
- is supported by RIO+20‘s ―‖the future we want‖ : which calls for a holistic and
integrated approach xx to sustainable development xxx to restore the health and
integrity of the Earth’s ecosystem”
- MEA:
I. by entering multilateral agreements – the state – in a way VOLUNTARILY
restricts its sovereign rights / it voluntarily limits its powers
- UNCLOS
I. Common heritage of mankind
II. This was followed by the principle of COMMON BUT DIFFERENTIATED
RESPONSIBILITIES:
o It requires the protection of specified environmental resources/ or

areas of common responsibilities – but takes into account the
differing circumstances of certain states in the discharge of such
responsibilities
o Similarly, principle 7 of the RIO DECLARATION: applies the
concept of equity in general international law, but is combined
with ―recognition that the special needs of developing countries
must be taken into account if they are to be encourage to
participate in global environmental agreements.
 State Sovereignty is the foundation of public
international law
- SOVEREIGNTY
I. Means the supreme/absolute/ super cool/ uncontrollable power by which any
independent state is governed
II. It is the basis for MUTUAL RESPECT and RECIPROCITY
III. It connotes: power to fuck the internal affairs without foreign intervention
(independence); an internally unlimited power which is limited externally only by
other states; PUBLIC INTERNATIONAL LAW: characterized only by consent
between and among the independent sovereign states
- This Sovereignty is the corner stone of Public International Law
 EXCLUSIVE JURISDICTION OF A STATE – IS NOT SO EXCLUSIVE ANYMORE!!!!???!!

- KASI
- EVERYTHING is related regardless of appearance
- Those matters which initially appears to affect only local matters/ or those matters which
appears to be purely internal – somehow affects other states
- water travels; air water –they know no bounderies –they don’t
give a fuck about jurisdiction
- if you poison the south china sea while you are in a vessel
registered in the Philippines – it doesn’t mean that only the
Philippines will be affected because it has jurisdiction. The rest
of china – who wants to claim everything will also be affected.
 Principle of Permanent sovereignty over natural resources

- Based on: Principle 21 of the Stockholm Declaration on the Human environment:
“sovereign rights of state to exploit their own natural
resources pursuant to their own environmental policies”
**Qualified by the obligation not to cause any extraterritorial
harm”
- The state has a duty to properly manage its wealth and natural resources as well as due care of
the environment
- Purpose
I. Economic development of developing countries
II. Self determination of colonial people
- The term was made by CHILE

- It is a part of the economic and political emancipation process of developing countries
- Both sovereignty and self determination are principles of great value and importance and must be
balanced.
 TRANSBOUNDARY NATURAL RESOURCES

- Refers to shared natural resources – beyond the jurisdiction of 1 nation
- Aka GLOBAL COMMONS
- Matters which originate in one state and affect the environment of others
 Principle of Equitable Utilization of Transboundary natural Resources?

- States are entitled to reasonable and equitable share in the beneficial uses of a transboundary
natural resources
- No use is inherently superior to any other use/category of uses
- Whether a certain use is reasonable or not – is determined in light of all relevant factors in each
particular case.
- Mutual benefit
- The net benefits – are to be shared equitable by nations concerned (Stockholm conference)
- To effectively manage what is left of the earth – it is a relaxed concept of sovereignty – there must
be equitable sharing of transboundary natural resources
 FUNCTIONAL SOVEREIGNTY
- Refers to specific uses of a resource rather than absolute and unlimited – within a given
geographical state
- After all there are now many MEA incorporating the laws of interdependence in a sustainable use
of natural resources – under a duty to cooperate with each other – to promote development
sustainability of the global commons./ common environment
 Environmental security?
- Environment now is a subject in international law
- It is a civilian – with regards to conflicts
- Nature is civilian in character – but it is easy to transform civilian to military objective
I. Pollution of Danube river (bombing – during Kosovo war)
II. Military conflicts over water rights
 SOLUTION
- International cooperation to alleviate environmental degredation
- To build confidence
- Facilitate conflict resolution
 ASEAN
- Established on August 8, 1967
- Founding members:
I. Indonesia
II. Malaysia
III. Philippines
IV. Singapore
V. Thailang
- Brunei – joined in 1985
- Cambodia/ LAO PEOPLES DEMOCRATIC REPUBLIC
 ASEAN ATHP
 Agreement on Transboundary Haze Pollution
- Took effect on Nover 2003
- Indonesia did not ratify
 Asean problem - is sovereignty
- Sovereignty must be modified- to enhance cooperation
- We have to be flexible like Chinese circus dancers
- Flexible engagement is not yet an accepted principle in the asean
 CONCLUSION
 Sovereignty must be exercise in such a way

- To prevent significant harm to the environment
- Of areas beyond the control of 1 state
- Natural resources should no longer be exclusively within the domestic
jurisdiction of individual states
- Changes in the interpretation of the PSNR – make it more functional
- We should be more human kind oriented.
- It is time to bring sovereignty down to earth- and destroy the myth of
SOVEREIGNTY
VII. Other disorganized notes  
POSSIBLE MIDTERM QUESTIONS:

1. The right to life and a healthful environment?
 Section 16 of Article II of the constitution : ‘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
 Ecology: is the branch of science that deals with the study of the interrelationships of
living things/organisms and their environment
 The constitution takes cognizance of the continuing degradation of the Philippine
environment: which has become a matter of national concern
i. CAUSED by:
1. Rapid urbanization
2. Migration
3. Industrial growth which adversely affects the environment
4. Population expansion
5. Natural resources utilization (abuse in utilization)
6. Modern technology which has hazardous consequences to the
environment
7. Justin beiber
8. Pollution
ii. Because of this shit – MANY People are unable to live in dignity as human beings
because they cannot acquire the necessary food/ housing/ blab la
sanitation/education – as a result of the deterioration of the environment
 The quality of life cannot advance unless the living environment is nurtured and valuable
natural resources are protected and preserved
 Political/social/economic growth and development are crucially dependent upon the state
of the human environment.
 A strong vigorous economy and a healthy sustainable environment can go hand in hand.
2. Principle of Sustainable Development?

o development without destruction;
o optimal development with minimal destruction;
o it is the true meaning of conservation (World Conservation Strategy of 1980) ;
o the wise use of environment; sustainable utilization compatible with maintenance;
o ―forward looking development‖
o A process in which the exploitation of the natural resources – the direction of investments
– the orientation of technological development – and the institutional change – ARE ALL IN
MADAFAKING HARMONY HARMONY – and enhances both current and future potential –
to meet human needs/aspirations.
o REQUIRES:
 Political System – effective participation
 Economic System – generate supplies / possess technical know-how
 Social System – provide solution to tensions
 Production System – preserve ecological base
 Technological System – search continuously for new solutions
 International System – fosters sustainable patterns of trade and finance
 Administrative System – must be flexible & capable of self correction
 MORE IMPORTANTLY – IT REQUIRES EFFECTIVE IMPLEMENTATION
o Ineffective law – worse than no law at all
3. Intergenerational right? (oposa case)

 The concept of intergenerational responsibility hinges on the right of the present
generation to sue in its behalf and in behalf of the succeeding generations for the
protection of the environment.
 the constitutional provision on the right to a balanced environment is an
actionable right, even absent any further legislation. Thus, an ordinary
person may sue any person or entity engaging in environmentally destructive
acts without showing of direct injury to his person as a result therefrom.
 Conserving and preserving nature is more than anybody’s concern. It is a
social responsibility. It is in the sharing of this responsibility that we may be able to
discharge our role as trustee and guardian of the environment for the generations to
come. This is the real essence of intergenerational responsibility
 Intergeneration responsibility has been enunciated in two landmark cases, namely : a)
Oposa vs Factoran; and b) Sierra Club vs Morton, an American case.
i. The novel principles laid down in the Oposa vs Factoran case,

are largely to influence profoundly the direction and course of the protection and
management of the environment in the Philippines.
ii. But while it is not the first environmental case in the Philippines, it is however the
first case which expressly interprets the constitutional right to a balanced and
healthful ecology as enshrined in Section 16, Article II of the 1987 Constitution – in
that the State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm of harmony and nature.
 On the other hand, Sierra Club vs Morton paved the way for the filing of many lawsuits in
the U.S. by citizens and community groups as a way of trying to stop pollution and the
destruction of the environment.
i. The open access status to common resources like air, water, forests, lands, etc.,
and the wrong perception that these resources are free and inexhaustible,
contribute to our ever worsening environmental degradation. The failure to
internalize in their usage the cost of their consumption makes the situation all the
more problematic. It results in a free-for-all environment where everyone gets his
share without paying for it. And to be blunt about it, in our present system of
governance, the actual cost of exploitation of natural resources to the whole
society is totally ignored.
ii. If we take logging as an example, the government allows holders of Timber
License Agreements (TLAs) to exploit our timber resources at a very low forests
charges. These charges are way below the actual cost of trees to a point of being
ridiculous, not to mention the ecological damage their activities inflict on our
natural resource base, among others, loss of biological diversity, the cost of soil
erosion and climate changes and destruction to human lives and property due to
flash floods.
 This is a painful reality and oftentimes we, ordinary citizens are left without any recourse
but to contend with it. ―Bahala na‖ as we always say it. On the table, the laws are in place
but on the ground, our environmental problems remain discouraging. The destruction of
our forest lands remain unabated and pollution is a deplorable sight everywhere.
4. Common but differentiated responsibility (UFCCC & Vienna Convention)

- Means that the Developed country and the Developing country have common goals;
common principles – but because of their differences ; they also have different
resposibilties
- DEVELOPED Country: since mas polluted na – dapat mag comply sila ASAP
- DEVELOPING Country: less polluted / pwede mag comply later
o It requires the protection of specified environmental resources/ or areas of common
responsibilities – but takes into account the differing circumstances of certain states in the
discharge of such responsibilities
o Similarly, principle 7 of the RIO DECLARATION: applies the concept of equity in general
international law, but is combined with ―recognition that the special needs of developing
countries must be taken into account if they are to be encourage to participate in global
environmental agreements.
5. Principle of Good Neighborliness (Stenton case)

- Good neighborliness is a general principle of international law with particular importance for the
field of international environmental law. The principle "obligates states to try to reconcile their
interests with the interests of neighboring states",[1] and found expression in a number of 20th
Century international legal rulings, most notably the TRAIL SMELTER arbitration between the
United States and Canada
- Also:
 Preamble of the Charter of the United Nations: We, as peoples of the United Nations, including
each of us as part and parcel of the world community have solemnly declared our detennination to
"practice tolerance and live together in peace with one another as good neighbors".
- The principles of friendly relations and cooperation may be stated in terms of the duties incumbent upon
every State, as follows :
i. 1) The duty to refrain in its international relations from the threat or use of force against the
territorial integrity or political independence of any State, or in any other manner inconsistent with
the purposes of the United Nations;
ii. 2) The duty to settle international disputes by peaceful means in such a manner that international
peace, security and justice are not endangered;
iii. 3) The duty not to intervene in matters within the domestic jurisdiction of any State, in accordance
with the Charter;
iv. 4) The duty to respect the principle of equal rights and self-determination of peoples;
v. 6) The duty to respect the principle of sovereign equality of States; and
vi. 7) The duty to fulfil in good faith the obligations assumed by it in accordance with the Charter.
6. Duty not to post environmental harm

 Principle of Permanent sovereignty over natural resources: Based on: Principle 21 of the Stockholm
Declaration on the Human environment:―sovereign rights of state to exploit their own natural resources
pursuant to their own environmental policies” **Qualified by the obligation not to
cause any extraterritorial harm”
7. Principle of equitable utilization of shared resources? (change concept of

sovereignty)
 States are entitled to reasonable and equitable share in the beneficial uses of a transboundary natural
resources
 No use is inherently superior to any other use/category of uses
 Whether a certain use is reasonable or not – is determined in light of all relevant factors in each particular
case.
 Mutual benefit
 The net benefits – are to be shared equitable by nations concerned (Stockholm conference)
 To effectively manage what is left of the earth – it is a relaxed concept of sovereignty – there must be
equitable sharing of transboundary natural resources
 FUNCTIONAL SOVEREIGNTY
 Refers to specific uses of a resource rather than absolute and unlimited – within a given geographical state
 After all there are now many MEA incorporating the laws of interdependence in a sustainable use of natural
resources – under a duty to cooperate with each other – to promote development sustainability of the global
commons./ common environment
x--------------x
#WE DO NOT OWN THIS EARTH – WE BORROWED IT FROM OUR CHILDREN, AND
GREAT GRAND CHILDREN**************
CASE #1:
P.A. Board vs. CA
1. Solar textile exceeded – wastewater
- Solar textile is involved in bleaching textiles with waste water
- They discharge the waste water in the sewer
- The wastewater leads to TULUHAN RIVER
2. There was an inspection
- Waste water is highly POLLUTIVE
3. PAB issued a cease and desist order from utilizing its wastewater
4. Solar appealed / they filed a Motion for Reconsideration – praying for a stay in
execution – alleging that they were deprived of due process
 Solar said putang ina – walang due process – mga gago kayo. Bigla bigla
nalang mag iisue ng cease and desist order – wala manlang hearing – di
naman kami nag popollute- pramis.
5. RTC dismissed the case saying its moot
6. CA reversed
ISSUE: won CA erred in reversing / won solar was denied of due process
HELD: NO CA did not err
 there is DUE PROCESS
 hearing is subsequently available
 stop muna – cease and desist – kahit wala pang hearing – to protect mama nature
 the pollution control statute was enacted in the exercise of the police power
 COMPARED TO COURTS:
o Sa PAB – hindi kailangan na may respondent – pwede na mag decide
kahit Ex PARTE
Pollution Adjudication Board (PAB) vs. CA

[G.R. No. 93891 March 11, 1991]
Facts:
- Respondent, Solar Textile Finishing Corporation is involved in bleaching, rinsing and dyeing
textiles with untreated wastewater which were being discharged directly into a canal leading to the
adjacent Tullahan-Tinejeros River.
- On September 22, 1988, petitioner Pollution Adjudication Board issued an ex parte Order based on
2 findings made on Solar Textile Finishing Corportion‘s plant, directing Solar immediately to cease
and desist from utilizing its wastewater pollution source installations as they were clearly in
violation of Section 8 of Presidential Decree No. 984 (Pollution Control Law) and Section 103 of its
Implementing Rules and Regulations and the 1982 Effluent Regulations.
- Solar then filed a motion for reconsideration which was granted by the Pollution Adjudication Board
for a temporary operation. However, Solar went to the RTC for certiorari and preliminary injunction
against the Board but the same was dismissed. On appeal, the CA reversed the Order of dismissal
of the trial court and remanded the case for further proceedings. Petitioner Board claims that under
P.D. No. 984, Section 7(a), it has legal authority to issue ex parte orders to suspend the operations
of an establishment when there is prima facie evidence that such establishment is discharging
effluents or wastewater, the pollution level of which exceeds the maximum permissible standards
set by the NPCC (now, the Board). Solar, on the other hand, contends that under the Board's own
rules and regulations, an ex parte order may issue only if the effluents discharged pose an
"immediate threat to life, public health, safety or welfare, or to animal and plant life" and argued
that there were no findings that Solar's wastewater discharged posed such a threat.
ISSUE: Whether or not the Pollution Adjudication Board has legal authority to issue the Order and Writ of Execution
against Solar Textile Finishing Corporation.
YES.
RULING: Section 7(a) of P.D. No. 984 authorized petitioner Board to issue ex parte cease and desist orders under
the following circumstances:
(a) Public Hearing. . . . Provided ,That whenever the Commission finds prima facie evidence that the discharged
sewage or wastes are of immediate threat to life, public health, safety or welfare, or to animal or plant life, or exceeds
the allowable standards set by the Commission, the Commissioner may issue an ex-parte order directing the
discontinuance of the same or the temporary suspension or cessation of operation of the establishment or person
generating such sewage or wastes without the necessity of a prior public hearing
.
The said ex-parte order shall be immediately executor and shall remain in force until said establishment or person
prevents or abates the said pollution within the allowable standards or modified or nullified by a competent court. The
Court found that the Order and Writ of Execution issued by petitioner Board were entirely within its lawful authority Ex
parte cease and desist orders are permitted by law and regulations in situations like in this case. The relevant
pollution control statute and implementing regulations were enacted and promulgated in the exercise of that
pervasive, sovereign power to protect the safety, health, and general welfare and comfort of the public, as well as the
protection of plant and animal life, commonly designated as the police power. It is a constitutional commonplace that
the ordinary requirements of procedural due process yield to the necessities of protecting vital public interests like
those here involved, through the exercise of police power. Hence, the trial court did not err when it dismissed Solar's
petition for certiorari. It follows that the proper remedy was an appeal from the trial court to the Court of Appeals, as
Solar did in fact appeal. The Court gave due course on the Petition for Review and the Decision of the Court of
Appeals and its Resolution were set aside. The Order of petitioner Board and the Writ of Execution, as well as the
decision of the trial court were reinstated, without prejudice to the right of Solar to contest the correctness of the basis
of the Board's Order and Writ of Execution at a public hearing before the Board.
x-------------x
LLDA
1. Not facts(mga sinasabi lang ni sir):
a. Laguna bay (90,000 sq.km)
b. Water is scarce for manila residents
c. Now the waters used in cities – like muntinlupa – are already from manila bay – pero damin padding problema sa laguna bay
d. EO 1927- blab la bla water rights over laguna lake
2. What is the LLDA?
- The Philippines' Laguna Lake Development Authority abbreviated as LLDAis one of the attached agencies of
the Philippines' Department of Environment and Natural Resources responsible in the preservation, development and sustainability of
the Laguna de Bay and its 21 major tributary rivers.
3. Purpose ng LLDA?
a. Theres a big income in LLDA
4. Republic ACT 4850??

5. Laguna de Bay means :―The Lake of (the town of) Bay‖.
- Laguna de Bay is a large shallow freshwater body in the heart of Luzon Island
- It is considered to be the largest lake in the country and the third largest inland body of water in Southeast Asia.
6. Uses of Laguna lake
a. dominantly used for fisheries.
b. motorized and non-motorized watercrafts operate as a means of transportation for lakeshore communities.
c. The lake also serves as reservoir for floodwater to save Metro Manila from flooding.
d. For power generation, three power plants are located in the region. A pump storage hydroelectric power station is operated in Kalayaan,
Laguna.
e. Water is pumped up to the Caliraya Reservoir to generate about 300 megawatts of electricity.
f. Other uses of Laguna Lake are for recreation (fishing, boating, and sailing); eco-tourism; irrigation; industrial cooling; as waste sink; and
as source of potable water (LLDA Website).
7. The Laguna Lake Development Authority (LLDA)

a. The LLDA was established by virtue of Republic Act No. 4850[4] as a quasi-government agency with regulatory and proprietary
functions.
b. Through Presidential Decree 813[5] in 1975, and Executive Order 927[6] in 1983, its powers and functions were further strengthened to
include environmental protection and jurisdiction over the lake basin‘s surface water.
c. In 1993, through Executive Order 149[7], the administrative supervision over LLDA was transferred from the Office of the President to
the Department of Environment and Natural Resources (DENR) (LLDA website).
8. Special powers and functions.

a. The LLDA was vested and conferred with powers and functions in order to promote and accelerate the development and balanced
growth of the Laguna Lake area, and the surrounding provinces, cities, and towns, referred to as the ―region‖ (Section 1, R.A. No. 480).
b. ―To effectively regulate and monitor activities in the Laguna de Bay Region, LLDA shall have exclusive jurisdiction to issue permit
for the use of all surface water for any projects or activities in or affecting the said region including navigation, construction, and
operation of fish pens, fish enclosures, fish corrals and the like.
c. The Laguna de Bay Region refers to the Provinces of Rizal and Laguna; the Cities of San Pablo, Pasay, Caloocan, Quezon,
Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of Silang and Carmona in
Cavite Province; the town of Lucban in Quezon Province; and the cities of Marikina, Pasig, Taguig, and Muntinlupa, and the
town of Pateros in Metro Manila (Section 2 E.O. No. 927).
d. Specifically, the Authority has the following powers and functions (Sections 2 and 3, PD No. 813, amending Section 4 of R.A. No. 4850):
 to make a comprehensive survey of the physical and natural resources and potentialities of the Laguna Lake region;
 to provide the machinery of extending the necessary planning, management and technical assistance to prospective and
existing investors in the region;
 to make recommendation to the proper agencies on the peso or dollar financing, technical support, physical assistance and
generally, the level of priority to be accorded agricultural, industrial and commercial projects;
 to engage in agriculture, industry, commerce, or other activities within the region which may be necessary or directly
contributory to the socio-economic development of the region;
 to plan, program finance/or undertake infrastructure projects such as river, flood and tidal control works, waste water and
sewerage works, water supply, roads, portworks, irrigation, housing and related works;
 to make an annual report to the stockholders regarding the operation of the Authority;
 to lend or facilitate the extension of financial assistance and/or act as surety or guarantor to worthwhile agricultural, industrial
and commercial enterprises;
 to reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects and/or acquire such bodies of
land from the lake which may be necessary to accomplish the aims and purposes of the Authority;
 to engage in fish production and other aquaculture projects in Laguna de Bay and other bodies of water within its jurisdiction
and in pursuance thereof to conduct studies and make experiments;
 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;
Laguna Lake has played a significant role in the lives of the Filipinos, especially for those living within the region. It has not only provided
food but also energy sources and livelihood opportunities. The LLDA has been organized to safeguard the Laguna Lake region from
environmental degradation and to promote its development. With the continuously increasing needs of the population within the region,
the LLDA, with its almost 50 years of existence, still has a number of concerns to address. Everyone is enjoined to take part in the lake‘s
transformation.
xxxxxxxxxxxxxxxxxxxxxxxx
CASE #2
LLDA vs CA
1. LLDA – dumpsite (no clearance)
2. Cease and desist order
3. They did not stop – continued padin sa dumpsite
4. Filed with RTC saying that the Governor has jurisdiction over its territory
ISSUE? Won the LLDA can issue cease and desist order?
HELD:
 YES. based on Police power.
Issue: which agency of the government has jurisdiction over the laguna lake? Llda or
municipalities?
HELD
 LLDA
 Municipalities are prohibited from issuing permits to construct fishpens
 LLDA is a special charter – they are vested with the responsibility of protecting the
inhabitats? Of the laguna lake region. #read the fucking law
////////
Laguna Lake Development Authority v CA (Environmental Law)
Laguna Lake Development Authority v CA
FACTS:
The LLDA Legal and Technical personnel found that the City Government of Caloocan was maintaining an open dumpsite at the Camarin
area without first securing an Environmental Compliance Certificate (ECC) from the Environmental Management Bureau (EMB) of
the Department of Environment and Natural Resources, as required under Presidential Decree N o. 1586, and clearance from LLDA as
required under Republic Act N o. 4850 and issued a CEASE and DESIST ORDER (CDO) for the City Government of Caloocan to stop the use
of the dumpsite.
ISSUES:
1. Does the LLDA and its amendatory laws, have the authority to entertain the complaint against the dumping of garbage in
the open dumpsite in Barangay Camarin authorized by the City Government of Caloocan?
2. Does the LLDA have the power and authority to issue a "cease and desist" order?
APPLICABLE LAWS:
• Executive Order N o. 927 series of 1983 which provides, thus: Sec. 4. Additional Powers and Functions. The authority shall have the
following powers and functions: (d) Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and
the time within which such discontinuance must be accomplished
• As a general rule, the adjudication of pollution cases generally pertains to the Pollution Adjudication Board (PAB), except in cases w
here the special law provides for another forum
RULING:
1. YES, LLDA has authority. It must be recognized in this regard that the LLDA, as a specialized administrative agency, is specifically
mandated under Republic Act No. 4850 and its amendatory law s to carry out and make effective the declared national policy of
promoting and accelerating the development and balanced growth of the Laguna Lake area and the surrounding provinces of Rizal
and Laguna and the cities of San Pablo, Manila, Pasay, Quezon and Caloocan 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. Under such a broad grant and power and authority, the LLDA, by virtue of its special
charter, obviously has the responsibility to protect the inhabitants of the Laguna Lake region from the deleterious effects of pollutants
emanating from the discharge of wastes from the surrounding areas.
2. YES, pursuant to EO 927 Section 4. While it is a fundamental rule that an administrative agency has only such powers as are expressly
granted to it by law , it is likewise a settled rule that an administrative agency has also such powers as are necessarily implied in the
exercise of its ex press powers. In the exercise, therefore, of its express powers under its charter as a regulatory and quasi-judicial
body with respect to pollution cases in the Laguna Lake region, the authority of the LLDA to issue a "cease and desist order" is,
perforce, implied. NOTE: HOWEVER, writs of mandamus and injunction are beyond the power of the LLDA to issue.
x----------------x
CASE#3
Tano vs. SOCRATES

1. The sanguniang panglungsod of Puerto princesa issued an ordinance banning
shipment of lobsters
2. Mayor ordered inspection
3. Due process was the issue
4. Won valid? YES- upheld the constitutionality of the ordinance
/////////
Tano vs Socrates 278 SCRA 154
Facts :
 The Sangguniang Panlungsod of Puerto Princessa enacted ordinance no. 15-92 banning the shipment of live fish
and lobster outside Puerto Princessa City for a period of 5 years.
 In the same light, the Sangguniang Panlalawigan of Palawan also enacted a resolution that prohibits the catching,
gathering, buying, selling and possessing and shipment of live marine coral dwelling aquatic organisms for a period of
5 years within the Palawan waters.
 The petitiones Airline Shippers Association of Palawan together with marine merchants were charged for violating the
above ordinance and resolution by the city and provincial governments.
 The petitioners now allege that they have the preferential rights as marginal fishermen granted with privileges provided
in Section 149 of the Local Government Code, invoking the invalidity of the above-stated enactments as violative of
their preferential rights.
Issue :Whether or not the enacted resolutions and ordinances by the local government units violative of the preferential rights of
the marginal fishermen ?
Held : No, the enacted resolution and ordinance of the LGU were not violative of their preferential rights. The enactment of these
laws was a valid exercise of the police power of the LGU to protect public interests and the public right to a balanced and
healthier ecology. The rights and privileges invoked by the petitioners are not absolute. The general welfare clause of the local
government code mandates for the liberal interpretation in giving the LGUs more power to accelerate economic development
and to upgrade the life of the people in the community. The LGUs are endowed with the power to enact fishery laws in its
municipal waters which necessarily includes the enactment of ordinances in order to effectively carry out the enforcement of
fishery laws in their local community.
x-------------------x
WATER RIGHTS (eo927)

Section 2. Water Rights. Over Laguna de Bay and Other Bodies of Water within the Lake Region.
To effectively regulate and monitor activities in the Laguna de Bay Region, the Authority shall have
 exclusive jurisdiction to issue permit for the use of all surface water for any projects or
activities in or affecting the said region including navigation, construction, and operation of fishpens, fish
enclosures, fish corrals and the like. For the purpose of this Executive Order,
 the term ―Laguna de Bay Region‖ shall refer to:
o the Provinces of Rizal and Laguna;
o the cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay;
o the towns of Tanauan. Sto. Tomas and Malvar in Batangas Province,
o the towns of Silang and Carmona in Cavite Province;
o the town of Lucban in Quezon Province, and the towns of Marikina, Pasig, Taguig,
Muntinlupa, and Pateros in Metro Manila.
x-----------------x
Palawan Law (ra 7611)
 Underground river – 1 day rest every month
 SEP of Palawan
x--------------x
PD 1151 : Philippine Environment Policy
 Improve condition of environment
 Environmental impact assessment
 Highlights?
o Education
o Policy
o Healthy environment
o Environmental impact assessment
o NGO – comply
 X-----------------x
 PHILIPPINE ENVIRONMENTAL POLICY (pd 1151)

o Policy:
 (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.
o Section 2. Goal.
 (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and
guardian of the environment for succeeding generations,
 (b) assure the people of a safe, decent, healthful, productive and aesthetic environment,
 (c) encourage the widest exploitation of the environment without
degrading it, or endangering human life, health and safety or creating conditions
adverse to agriculture, commerce and industry,
 (d) preserve important historic and cultural aspects of the Philippine heritage,
 (e) attain a rational and orderly balance between population and resource use,
 (f) improve the utilization of renewable and non-renewable resources.
x------------------x
case#4
REP vs. City of DAVAO
1. Respondent filed application for CNC for its proposed project (sports dome) with the
EMB
2. DENIED
3. Mandamus
ISSUE: won davao entitled to a CNC
HELD: YES
////////
RP v City of Davao (Environmental Law)
Republic of the Philippines v City of Davao
GR No. 148622
FACTS:
On August 11, 2000, The City of Davao filed an application for a Certificate of Non- Coverage (CNC) for its proposed project, the Davao City Artica Sports Dome,
with the Environmental Management Bureau (EMB), Region XI.
ISSUES:
(1) Is an LGU like Davao exempt from the coverage of PD 1586?
(2) Is the project entitled to a Certificate of Non-Coverage (CNC)?
RULING:
(1) NO, IT IS WITHIN THE COVERAGE OF PD 1586. Found in Section 16 of the Local Government Code is the duty of the LGUs to promote the people's right
to a balanced ecology. Pursuant to this, an LGU, like the City of Davao, cannot claim exemption from the coverage of PD 1586. As a body politic endowed with
governmental functions, an LGU has the duty to ensure the quality of the environment, which is the very same objective of PD 1586.
(2) YES. The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated above. Neither is it analogous to any of them. It is
clear, therefore, that the said project is not classified as environmentally critical, or within an environmentally critical area. Consequently, the DENR has no
choice but to issue the Certificate of Non- Coverage. It becomes its ministerial duty, the performance of which can be compelled by writ of mandamus, such as
that issued by the trial court in the case at bar.
X--------------X
EIA REQUIREMENT
 It COVERS: ALL PROJECTS AFFECTING THE ENVIRONMENT
o BUUUUT *****All projects including sari sari store has environmental
effect???
o Holy shit!!!
o To AVOID CONFUSION: pd 1586 limits it to 2 kinds
1. Environment critical project
2. Project located in environment critical area
 Eh environment critical na nga bat pa lalagyan ng project- sabi
ng iba.
x----------------x
NOTES:
1. Leading International Organization?
a. GreenPEACE
 depends on donation
Greenpeace exists because this fragile earth deserves a voice. It needs
solutions. It needs change. It needs action.
 Greenpeace is an independent global campaigning organisation that acts to change attitudes

and behaviour, to protect and conserve the environment and to promote peace by:
 Catalysing an energy revolution to address the number one threat facing our
planet: climate change.
 Defending our oceans by challenging wasteful and destructive fishing, and

creating a global network of marine reserves.
 Protecting the world's ancient forests and the animals, plants and people
that depend on them.
 Working for disarmament and peace by tackling the causes of conflict and
calling for the elimination of all nuclear weapons.
 Creating a toxic free future with safer alternatives to hazardous chemicals in

today's products and manufacturing.
 Campaigning for sustainable agriculture by rejecting genetically engineered

organisms, protecting biodiversity and encouraging socially responsible farming.
 To maintain its independence, Greenpeace does not

accept donations from governments or corporations but
relies on contributions from individual supporters and foundation grants.
2. Leading Domestic NGO?

a. Haribon foundation
b. Tungkol sa kalikasan
 Haribon Foundation for the Conservation of Natural Resources, Inc. is a

membership organization committed to nature conservation through community
empowerment and scientific excellence.
 The name Haribon was coined from Haring Ibon or the Philippine Eagle. It
was so named because the existence of the king of birds is a perfect barometer of
the state of our forests.
 Haribon is the Philippines pioneer environmental organization. Haribon
practically gave birth to the Philippine environmental movement. Hatched in 1972,
the organization, and the individuals it trained and nurtured were instrumental in
the formation of other environmental organizations in the country.
3. Hazardous waste
a. Used batteries – kinukuha yung mercury – pinagkakakitaan parin
b. Waste of 1 = valuable to another
c. Many industrial hazardous wastes can be recycled safely and effectively. A hazardous waste is recycled if it is
used, reused, or reclaimed. Furthermore, RCRA hazardous waste regulation makes an important distinction
between materials that are used or reused without reclamation and those that must be reclaimed before reuse.
A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. Common hazardous
waste reclamation activities involve recovery of spent solvents (e.g., recovery of acetone) or metals (e.g.,
recovery of lead). An example of a material that is reused without reclamation is emission control dust returned
directly to a primary zinc smelting furnace
4. Solid waste disposal?

a. Sanitary landfill
b. Incineration
c. Composting
d. Other methods approved by competent government
5. Pwede ba incineration? IT DEPENDS. The ban is not absolute

a. Under SEC. 20. Of the CLEAN AIR ACT: there is a Ban on Incineration.
Incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes, which process
emits poisonous and toxic fumes, is hereby prohibited:
b. EXCEPTION
i. the prohibition shall not apply to traditional small-scale method of community/
ii. to neighborhood sanitation ―siga‖ traditional, agricultural, cultural, health
iii. and food preparation
iv. and crematoria:
 Provided, further,the Department shall promote the use of state-of-the-art,
environmentally-sound and safe non-burn technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted
municipal, bio-medical and hazardous waste.
c. Under pd 1152 – envi code

i. One of the methods of SOLID WASTE DISPOSAL is by incineration
ii. Provided it is regulated by the local government concerned
iii. In coordination with the National Pollution control Commission.
6. ENVIRONMENTAL CODE
a. Impression of other countries
b. One of the 1st Envi-Code
c. But it simply approaches the matter in its TOTALITY and not in a fragment basis
i. Hindi kanya kanya like in the old law
d. It simply sets the guidelines/ all areas affecting the environment
i. It sets standards / and regulation and enforcement procedures
e. Features?
i. Air quality management
ii. Water quality management
iii. Land use management
iv. Natural resource management and conservation
v. Fisheries and aquatic resources
vi. Wildlife
vii. Forestry and soil conservation
viii. Flood control and natural calamities
ix. Energy development
x. Conservation of surface ground waters
xi. Mineral resources
xii. Waste management
f. MISCELLENOUS PROVISION
i. Environmental Education
ii. Envi -Research
iii. Population and environmental balance
iv. Financial assistance/incentives (those who will operate pollution control facilities)
v. Participation of the LGU
vi. Preservation of heritage and culture
Xxxxxxxxxxxxxxxxxxxx
Presidential Decree No. 1152/Philippine Environment Code

Year of Enactment and Enacted in June 6, 1977
Implementation
Purpose To achieve and maintain such levels of air quality as to protect public health and to
prevent to the greatest extent practicable, injury and/or damage to plant and animal
life and property, and promote the social and economic development of the country
Control Area Nationwide
Overview  The broad spectrum of environment has become a matter of vital concern to
the government
 The national leadership has taken a step towards this direction by creating the
National Environmental Protection Council
 It is necessary that the creation of the Council be complemented with the
launching of comprehensive program of environmental protection and
management
 Such a program can assume tangible and meaningful significance only by
establishing specific environment management policies and prescribing

environment quality standards in a Philippine Environment Code
Features  Provided a comprehensive program of environmental protection and
management. The Code established specific environment management
policies and prescribes environmental quality standards.
 To achieve and maintain such levels of air quality as to protect public health
and to prevent to the greatest extent practicable, injury and/or damage to
plant and animal life and property, and promote the social and economic
development of the country
 Prescribe management guidelines to protect and improve water quality
through: classification of Philippine waters, establishment of water quality
standards, protection and improvement of the quality of the Philippine water
resources, and responsibilities for surveillance and mitigation of pollution
incidents
 Set guidelines for waste management with a view to ensuring its
effectiveness, encourage, promote and stimulate technological, educational,
economic and social efforts to prevent environmental damage and
unnecessary loss of valuable resources of the nation through recovery,
recycling and re-use of wastes and wastes products, and provide measures to
guide and encourage appropriate government agencies in establishing sound,
efficient, comprehensive and effective wastes management covering both
solid and liquid wastes
7. What is PD 1151 about? (envi policy)

a. Develop
- : to create, develop, maintain and improve conditions under which man and nature can
thrive in productive and enjoyable harmony with each other,
b. Fulfil requirement of generation:
- to fulfill the social, economic and other requirements of present and future
generations of Filipinos, and
c. Environment conducive to a life of dignity
 to insure the attainment of an environmental quality that is conducive to
a life of dignity and well-being.
8. Problems due to overpopulation

a. Rh biil – very controversial
b. But the environmental code mentions envi-education dati pa – to be instilled in the madafaking
mind of the people
9. Environmental education
a. Need not be formal education
b. Also informal – like learning centers , adult education.bla bla lbla
10. POLLUTER PAY PRINCIPLE

a. One who pollutes is liable for the payment of an amount to the government
b. Di pwede protect lang ng protect
c. We need development
d. Anti pollution equipment (mahal daw)
11. EIA
a. Originated from the world bank
b. Environmental impact assessment is the formal process used to predict the environmental
consequences (positive or negative) of a plan, policy, program, or project prior to the decision to
move forward with the proposed action.
c. PROCEDURE 
PROJECT
EIA
1. EIA will study the report
 This will be done by technical people
No EIA
They will make the ENVIRONMENTAL IMPACT STATEMENT
2. EIA REVIEW
 Involves public participation and shit / consultation
No ECC 3. ECC (not a permit)
 ENVI COMPLIANCE
CERTIFICATE
4. PERMIT
5. MONITORING
1. CLEAN AIR ACT?

o Section 5
 d) "Ambient air quality" means the general amount of pollution present in a broad area;
and refers to the atmosphere‘s average purity as distinguished from discharge measurements
taken at the source of pollution
 h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a
known source which is passed into the atmosphere;
 i) ―Greenhouse gases" means those gases that can potentially or can reasonably be
expected to include global warming, which include carbon dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;
 j) “Hazardous substances‖ means those substances which either: (1) short.-term
acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other
skin or eye contact hazard or the risk of explosion; or (2) longterm toxicity upon repeated exposure,
carcinogenicity (which in some cases result in acute exposure but with a long latent period),
resistance to detoxification process such as biodegradation, the potential to pollute underground or
surface waters;
 1) ―Medical waste‖ means the materials generated as a result of patient diagnosis,
treatment, or immunization of human beings or animals;
 m) ―Mobile source" means any vehicle propelled by or through combustion of
carbon-based or other fuel, constructed and operated principally for the conveyance of
persons or the transportation of property or goods
 R) ―Ozone Depleting Substances (ODS)" means those substances that
significantly deplete or otherwise modify the ozone layer in a manner that is likely to result
in adverse effects on human health and environment such as, but not limited to,
chlorofluorocarbons, halons, and the like
 s) “Persistent Organic Pollutants (POPs)" mean the organic compounds that
persist in the environment, bioaccumulate through the food web, and pose a risk of causing
adverse effects to human health and the environment. These compounds resist photolytic,
chemical and biological degradation, which shall include but not be limited to dioxin, furan,
Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT,
hexachlorobenzene, lindane, toxaphere and chlordane;
 x) "Stationary source" means any building or immobile structure, facility or
installation which emits or may emit any air pollutant.
xxxxxxxxxxxxxx
o Section 12 and 14 – masyado mahaba – air quality guidelines
o Section 20 and 21
Pollution from motor vehicles (21)
 SEC. 20. Ban on Incineration. Incineration, hereby defined as the burning of municipal, bio-medical and
hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited:
 Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood
sanitation ―siga‖ traditional, agricultural, cultural, health and food preparation and crematoria: Provided, further,the
Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted municipal, bio-
medical and hazardous waste.
Section 24, 25, 30 ARTICLE FIVE :POLLUTION FROM OTHER SOURCES

- SEC. 24. Pollution from Smoking. – GR: Smoking inside a public building or an enclosed public place
including public vehicles and other means of transport or in any enclosed area, outside one‘s private
residence/private place of work/ or outside a smoking area xxx is hereby prohibited under this Act. This
provision shall be implemented by the LGUs
- EXCEPTION
1. one's private residence,
2. private place of work residence,
3. or any duly designated smoking area
- SEC. 25. Pollution from Other Mobile Sources. – The Department, in coordination with appropriate agencies,
shall formulate and establish the necessary standards for all mobile sources other than those referred to in
Section 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation
of emission standards shall be under the jurisdiction of the DOTC
- SEC. 30. Ozone-Depleting Substances. Consistent with the terms and conditions of the Montreal Protocol on
Substances that Deplete the Ozone Layer and other international agreements and protocols to which the
Philippines is a signatory the Department shall phase out ozone depleting substances Within sixty (60) days
after the enactment of this Act, the Department shall publish a list of substances which are known to cause
harmful effects on the stratospheric ozone layer
o Section 34, 36, 37, 41, 42, 46

- SEC. 36. Role of Local Government Units. Local government units (LGUs) shall share the responsibility in
the management and maintenance of air quality within their territorial jurisdiction.
- SEC. 41. Citizen Suits. For purposes of enforcing the provisions of this Act or its implementingrules and
regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper
courts against: (a) Any person who violates or fails to comply with the provisions of this Act or its implementing
rules and regulations; or (b) The Department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; and/or (c) Any public officer who willfully or grossly neglects the
performance of an act specially enjoined as a duty by this Act or its implementing rules and regulations; or abuses his
authority in the performance of his duties;
X----------x
TOXIC SUBSTANCES and HAZARDOUS and NUCLEAR WASTE ACT
o Hazardous wastes are substances brought to the country without any safe commercial, industrial, agricultural
or economic usage.:
o Wastes are considered hazardous if they are listed under the Classification of Prescribed Hazardous
Wastes, which groups substances as wastes with cyanide, acid waste, alkali wastes, wastes with inorganic
chemicals, reactive chemical wastes, waste organic solvent, oil, containers, immobilized wastes and organic
chemicals.
o Toxic wastes are substances that are poisonous and have carcinogenic, mutagenic, or teratogenic effects on
human or other life forms.
Section 4:
o Section 5
 a)Chemical substance means any organic or inorganic substance of a particular
molecular identity, including:
 i) Any combination of such substances occurring in whole or in part as a result of
chemical reaction or occurring in nature; and
 ii) Any element or uncombined chemical.
 b) Chemical mixture means any combination of two or more chemical substances if the
combination does not occur in nature and is not, in whole or in part, the result of a chemical
reaction, if none of the chemical substances comprising the combination is a new chemical
substance and if the combination could have been manufactured for commercial
 purposes without a chemical reaction at the time the chemical substances comprising the
combination were combined. This shall include nonbiodegradable mixtures.
o Section 6 and 7 –functions and powers – shet mahaba wag na itype
o Section 8 and 9
 SECTION 8. Pre-Manufacture and Pre-Importation Requirements
 SECTION 9. Chemicals Subject to Testing
SECTION 8. Pre-Manufacture and Pre-Importation Requirements. Before
any new chemical substance or mixture can be manufactured, processed or SECTION 9. Chemicals Subject to Testing. Testing shall be required in all
imported for the first time as determined by the Department of Environment and cases where:a) There is a reason to believe that the chemical substances or mixture may
Natural Resources, the manufacturer, processor or importer shall submit the present an unreasonable risk to health or the environment or there may be
following information: the name of the chemical substance or mixture; its substantial human or environmental exposure thereto;
chemical identity and molecular structure; proposed categories of use; an b) There are insufficient data and experience for determining or predicting
estimate of the amount to be manufactured, processed or imported; processing the health and environmental effects of the chemical substance or mixture;
and disposal thereof; and any test data related to health and environmental and
effects which the manufacturer, processor or importer has. c) The testing of the chemical substance or mixture is necessary to develop
such data.
The manufacturers, processors or importers shall shoulder the costs of testing
Section 11 and 13 (prohibited acts) the chemical substance or mixture that will be manufactured, processed, or
imported.
 Knowingly use a chemical substance in violation of this ACT
 Failure or refusal to submit reports as required by this Act,
 Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
.
Republic Act No. 6969 or the Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990
Year of Enactment and Enacted and Implemented in 1990
Implementation
Purpose Control of Toxic Substances and Hazardous and Nuclear Waste
Overview  It has been recognized that the public and the environment are at risk
in the use or exposure to chemicals as well as the long term damage
brought about by careless handling or disposal of hazardous wastes
 To control, supervise and regulate activities on toxic chemicals and
hazardous waste. Under this act importation, manufacture, processing,
handling, storage, transportation, sale, distribution, use and disposal of
all unregulated chemical substances and mixtures in the Philippines, as
well as the entry even in transit, or storage and disposal of hazardous
and nuclear wastes are regulated.
Features  The Department of Environment and Natural Resources shall be the

implementing agency and shall be assisted by the Inter-Agency
Advisory Council
 It provides for the regulation of all chemical substances that may pose
threat to public health and the environment through import,
manufacture, sale, use, distribution, and disposal as well as the
regulation of all hazardous wastes from generation, transport, storage,
re-use/recycling, treatment and disposal
 Registration of the following is required to ensure that industrial
economic growth is achieved in an environmentally sound manner to
effectively manage hazardous wastes in order to minimize human and
environmental impacts cause by industrial activities:
o Hazardous wastes generators
o Hazardous wastes treater
o Hazardous wastes transporter
 Violators shall be subject to fines, imprisonment, dismissal from office,
confiscation and forfeiture chemical substances and mixtures in favor
of the government, deportation and barred from entry into the
Philippines in case of foreigner
x--------------x
ECOLOGICAL SOLID WASTE Management act (RA9003)

What is R.A. No. 9003?
Republic Act No. 9003 or the Philippine Ecological Solid Waste Management Act of 2000 provides the legal
framework for the country’s systematic, comprehensive, and ecological solid waste management program that shall
ensure protection of public health and the environment. It emphasizes the need to create the necessary mechanisms
and incentives to pursue an effective solid waste management at the local government levels.
What are the important features of the Solid Waste Management Act?
a. Creation of the National Solid Waste Management Commission (NSWMC), the National Ecology Center (NEC),
and the Solid Waste Management Board in every province, city and municipality in the country.
The NSWMC shall be responsible in the formulation of the National Solid Waste Management Framework (NSWMF)
and other policies on solid waste, in overseeing the implementation of solid waste management plans and the
management of the solid waste management fund.
The NEC, on the other hand, shall be responsible for consulting, information, training and networking services relative
to the implementation of R.A.No. 9003.
The Solid Waste Management Board of provinces, cities, and municipalities shall be responsible for the development
of their respective solid waste management plans.
b. Formulation of the NSWMF: 10-year solid management plans by local government units;
c. Mandatory segregation of solid waste to be conducted primarily at the source such as household, institutional,
industrial, commercial and agricultural sources;
d. Setting of minimum requirements to ensure systematic collection and transport of wastes and the proper protection
of garbage collectors' health;
e. Establishment of reclamation programs and buy-back centers for recyclable and toxic materials;
f. Promotion of eco-labeling in local products and services;
g. Prohibition on non-environmentally acceptable products and packaging;
h. Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of barangays;
i. Prohibition against the use of open dumps;
j. Setting of guidelines/criteria for the establishment of controlled dumps and sanitary landfills;
k. Provision of rewards, incentives both monetary and non-monetary, financial assistance, grants and the like to
encourage LGUs and the general public to undertake effective solid waste management; and
l. Promotion of research on solid waste management and environmental education in the formal and non-formal
sectors.
x-----------------x
CLEAN WATER ACT (ra 9275)
Republic Act 9275: The Philippine Clean Water Act

Year of Enactment Enacted in 2004
and Implementation Implementing Rules and Regulations – On-going preparations
Purpose The Philippine Clean Water Act of 2004 aims to protect the country’s water bodies from pollution from land-
based sources (industries and commercial establishments, agriculture and community/household activities).
It provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multi-
sectoral and participatory approach involving all the stakeholders
Overview  As early as 1996, monitory of the country’s rivers showed that only 51% of the classified rivers still
met the standards for their most beneficial use. The rest were polluted from domestic, industrial
and agricultural sources
 Most studies point to the fact that domestic wastewater is the principal cause of organic pollution
(at48%) of our water bodies. Yet, only 3% of investments in water supply and sanitation were going
to sanitation and sewage treatment.
 A recent World Bank report pointed out that Metro Manila was second to the lowest in sewer
connections among major cities in Asia and less that 7% compared to 20% for Katmandu, Nepal and
30% for Dhaka, Bangladesh.
 Thirty-one percent (31%) of all illnesses in the country are attributed to polluted waters. Clearly, to
ensure access to clean water for all Filipinos, it was imperative that government put together a
comprehensive strategy to protect water quality.
Features  Management of water quality will either be based on watershed, river basis or water resources
region. Water quality management areas with similar hydrological, meteorological or geographic
conditions which affect the reaction and diffusion of pollutants in water bodies are to be designated
by the DENR in coordination with the National Water Resources Board (NWRB)
 Management will be localized. Multi-sectoral governing boards will be established to manage water
quality issues within their jurisdiction
 Governing Boards shall be composed of representatives of mayors and governors as well as local
government units, representatives of relevant national government agencies, duly registered non-
government organizations, the concerned water utility sector and the business sector.
 The governing boards will formulate strategies to coordinate policies necessary for the effective
implementation of this Act. They will create a multi-sectoral group to establish and effect water
quality surveillance and monitoring.
 All owners or operators of facilities that discharge wastewater are required to get a permit to
discharge from the DENR or the Laguna Lake Development Authority. Existing industries without
any permit are given 12 months from the effectivity of the implementing rules and regulations (IRR)
promulgated pursuant to this Act to secure a permit to discharge.
 The Department of Public Works and Highways (DPWH), in coordination with local government
units will prepare a national program on sewage and septage management not later than 12
months from effectivity of this Act. A priority list will likewise be prepared which will be the basis for
the allotment of funds on an annual basis by the national government for the construction and
rehabilitation of required facilities.
 Local-government units will provide the land including road right of the way for the construction of
sewage and/or septage treatment facilities and raise funds for the operations and maintenance of
said facilities.
 The Department of Health (DOH) will formulate guidelines and standards for the collections,
treatment and disposal of sewage as well as the guidelines for the establishment and operation of
centralized sewage treatment system. The MWSS and other agencies mandated to provide water
supply and sewerage facilities are required to connect existing sewage lines, subject to the payment
of sewerage service charges/fees within five years following effectivity of this Act.
 All sources of sewage and septage are required to comply with the law.
 Anyone discharging wastewater into a water body will have to pay a wastewater charge. This
economic instrument which will be developed in consultation with all concerned stakeholders is
expected to encourage investments in cleaner production and pollution control technologies to
reduce the amount of pollutants generated and discharged.
 Rewards will also be given to those whose wastewater discharge is better that the water quality
criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs,
water districts, enterprise, private entities and individuals who develop and undertake outstanding
and innovative projects in water quality management.
 All possible discharges are required to put up an environmental guarantee fund (EGF) as part of
their environmental management plan. The EGF will finance the conservation of watersheds and
aquifers, and the needs of emergency response, clean up or rehabilitation.
 Among other, the Act prohibits the following:
o Discharging or depositing any water pollutant to the water body, or such which will impede
natural flow in the water body
o Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
o Operating facilities that discharge regulated water pollutants without the valid required
permits
o Disposal of potentially infectious medical waste into sea by vessels
o Unauthorized transport or dumping into waters or sewage sludge or solid waste
o Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed
under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (Republic Act No. 6969)
o Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
o Noncompliance of the LGU with the Water Quality Framework and Management Area
Action Plan
o Refusal to allow entry, inspection and monitoring as well as access to reports and records
by the DENR in accordance with this Act
o Refusal or failure to submit reports and/or designate pollution control officers whenever
required by the DENR in accordance with this Act
o Directly using booster pumps in the distribution system or tampering with the water supply
in such a way to alter or impair the water quality
o Operate facilities that discharge or allow to seep, willfully or through grave negligence,
prohibited chemicals, substances, or pollutants listed under R.A. No. 6969, into water
bodies
o Undertake activities or development and expansion of projects, or operating wastewater
treatment/sewerage facilities in violation of P.D. 1586 and its IRR.
 Anyone who commits prohibited acts such as discharging untreated wastewater into any water
body will be fined for every day of violation, the amount of not less than Php 10,000 but not more
than Php 200,000. Failure to undertake clean-up operations willfully shall be punished by
imprisonment of not less than two years and not more than four years. This also includes fine of not
less than Php 50,000 and not more that Php 100,000 per day of violation. Failure or refusal to clean
up which results in serious injury or loss of life or lead to irreversible water contamination of
surface, ground, coastal and marine water shall be punished with imprisonment of not less than 6
years and 1 day and not more than 12 years and a fine of Php 500,000/day for each day the
contamination or omission continues. In cases of gross violation, fine of not less that Php 500,00 but
not more than Php 3,000,000 will be imposed for each day of violation. Criminal charges may also
be filed.
o Sec 4
 A - a) Aquifer - means a layer of water-bearing rock located underground that transmits
water in sufficient quantity to supply pumping wells or natural springs.
 C - Beneficial use - means the use of the environment or any element or segment thereof
conducive to public or private welfare, safety and health; and shall include, but not be
limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries,
livestock raising, industrial, recreational and other purposes.
 M - Effluent - means discharge from known sources which is passed into a body of water
or land, or wastewater flowing out of a manufacturing plant, industrial plant including
domestic, commercial and recreational facilities.
 Q - Freshwater - means water containing less than 500 ppm dissolved common salt,
sodium chloride, such as that in groundwater, rivers, ponds and lakes.
 R - groundwater - means a subsurface water that occurs beneath a water table in soils
and rocks, or in geological formations.
 U - Hazardous waste - means any waste or combination of wastes of solid liquid,
contained gaseous, or semi-solid form which cause, of contribute to, an increase in
mortality or an increase in serious irreversible, or incapacitating reversible illness, taking
into account toxicity of such waste, its persistence and degradability in nature, its potential
for accumulation or concentration in tissue, and other factors that may otherwise cause or
contribute to adverse acute or chronic effects on the health of persons or organism.
 V - Industrial waste - means any solid, semi-solid or liquid waste material with no
commercial value released by a manufacturing or processing plant other than excluded
material.
 Z- Non-point source - means any source of pollution not identifiable as point source to
include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants
from farms and urban areas.
Bb - Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any
beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any
segment of the water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of
the condition, limitation or restriction prescribed in this Act.
 Cc - Pollution control technology- means pollution control devices or apparatus, processes, or other means that
effectively prevent control or reduce pollution of water caused by effluents and other discharges, from any point
source at levels within the water pollution standards.
 Jj - Surface water - means all water, which is open to the atmosphere and subject to surface runoff
 Nn - Wastewater - means waste in liquid state containing pollutants.
 Pp - Water Pollution - means any alteration of the physical, chemical, biological, or radiological properties of a
water body resulting in the impairment of its purity or quality.
 Qq - Water Quality - means the characteristics of water, which define its use in characteristics by terms of
physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is
evaluated.
Section 27 - SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water
bodies or along the margins of any surface water, where, the same shall be liable to be washed into such
surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or
impede natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would
pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department,
regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep
re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent
the contamination of the groundwater;
c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the
permit was revoked for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of
individuals on board the vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under
Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic
Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited
chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall
be liable to be washed into such surface, ground, coastal, and marine water;
h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage
facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or
after the permit was revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In
such a case, sanctions shall be imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever required by, the Department in
accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way
as to alter or impair the water quality.
x----------------------------------x
notes:
1. Ecological solid waste act – allows the use of incinerators?
a. YES
b. Mr.T does not agree with that provision in the clean air act
2. Lowbudget – environment sector
a. Sila sila pinapadala sa abroad / yung mga taga customs /yung mga chemist don
3. HAZARDOUS WASTE –banned sa constitution
a. Pero bakit may convention sa waste? Ewan ko puta
i. Kasi waste of 1 is treasure of another
ii. Used battery – kinukuha mercury
4. RA 6969 – solid waste act
a. Sec 11
b. Sec 13
5. Animal rights?
6. Politicians do not believe in climate change?
a. It is natural to assume that if people do not accept the science of climate change, it is
because they do not understand it, or perhaps need to know more about it. Certainly it
is true that someone who knows very little about climate change is unlikely to care a
great deal about its consequences. So it is important that the facts about climate
change are widely known and readily available .
b. Eh kasi politicians sila
c. Theyre lobbying -Efforts to downplay the significance of climate change resemble the determined
efforts of tobacco lobbyists, in the face of scientific evidence linking tobacco to lung cancer, to prevent or
delay the introduction of regulation. Lobbyists attempted todiscredit the scientific research by creating
doubt and manipulating debate. They worked to discredit the scientists involved, to dispute their findings,
and to create and maintain an apparent controversy by promoting claims that contradicted scientific
research. ""Doubt is our product," boasted a now infamous 1969 industry memo. Doubt would shield the
tobacco industry from litigation and regulation for decades to come."[39] In 2006, George Monbiot wrote
in The Guardian about similarities between the methods of groups funded by Exxon, and those of the
tobacco giant Philip Morris, including direct attacks onpeer-reviewed science, and attempts to create public
controversy and doubt.[12]
7. Filipino students are not informed about asean community?
8. Asean/envi program
a. Mrs magno – gov of manila
b. 1st asean declaration on environment
c. the motto of ASEAN is "One Vision, One Identity, One Community"
9. What are the salient features of envi – legislation?

a. Green legislation
i. Mining
ii. Forestry
iii. Fish
iv. Wildlife
10. Total log ban or selective logban?

- Commercial loggers against ban: Already, the Philippine Wood Producers Association (PWPA) has issued an
appeal to Aquino to reconsider plans for a total log ban,
o saying that THE BAN WILL HAVE SERIOUS IMPACT ON OVER TWO MILLION PEOPLE
DIRECTLY AND INDIRECTLY WORKING IN THE WOOD INDUSTRY.
o They said that that a total log ban has “never really worked.”
o total log ban WOULD ONLY INCREASE ILLEGAL LOGGING ACTIVITIES from which the
government does not get any benefits.
o WOULD LEAD TO A LOSS OF AT LEAST P30 BILLION IN INVESTMENTS
o INVESTORS, WOULD BE DISCOURAGED FROM PUTTING IN FURTHER INVESTMENTS
- THE PROPOSED EO ON LOG BAN WILL NOT STOP DEFORESTATION, it said that the real culprits were
precisely companies into commercial logging that are to blame, not illegal loggers.
- “Although illegal loggers do contribute to the problem, the primary culprits in the destruction of our forests
are the legal commercial loggers. If Aquino wants to stop the massive destruction of our forests, he should
cancel all the permits of all commercial logging concessions and impose a ban on commercial logging.
Illegal logging in itself is a crime whether there is a log ban or not,” the group asserted.
////////
Should governments prohibit logging?
Argument #1
Yes No
Deforestation has long-term environmental impacts. There is a causal The environmental effects of deforestation are exaggerated and,
connection between deforestation and climate change and loss of in any event, are irrelevant to developing countries. Some
biodiversity. In Brazil, burning trees has made the rainforest drier, scientists estimate that deforestation, if continued at its current
leading to more fires. Scientists estimate that tropical rainforests have pace, will only reduce species in tropical forests by 5-10% in the
half of all the world’s species. The Amazon rainforests contain 400 next 30 years. For developing countries, there is the belief that
human tribes. Deforestation dramatically affects genetic variation, rapid deforestation and rapid development are linked. Indonesia
which can aid in reducing the effect of diseases and famine. subsidizes its forest industry through export taxes. The revenue
from commercial logging is substantial. Further, in Brazil and
Indonesia, there are programs promoting migration from heavily
populated urban centres to deforested areas. Without this
migration, Bali, Java and Brazil’s coastal areas would become
unbearably overpopulated.
Argument #2
Yes No
Deforestation is a tool for politics. Governments use deforestation for political Deforestation should not be used for political purposes and there are
gain, either through increasing revenues from logging companies or in providing mechanisms for controlling such actions. Prohibiting logging would go too
land to landless migrants. In Kenya, the government logged 68,000 hectares of far. In Kenya, the courts ordered the government to protect the Ogeik. The
the Mau forest. Their objective is to disperse the Ogeik people, an indigenous decision to deforest the Mau forest was clearly illegal. Further, the World
tribe, to make room for the majority Kalenjin. The World Bank’s plan to fund Bank’s new program will "crowd out" such unsustainable or illegal
"sustainable harvesting" is not enough -- its forestry policy will be irrelevant practices. Logging companies and governments that need World Bank
unless it can stop subsidies for agricultural expansion and road-building loans to finance their forestry operations must comply with its rules
programs. regarding "sustainable harvesting".
Argument #3
Yes No
Industry cannot be expected to aid in the conservation of forests. The singular Regulation can protect forests. In the U.S., the State of California, the
aim of logging companies is to increase shareholder profits. Conservation federal government and Pacific Lumber Company reached agreement to
necessarily costs these companies time and money, and where possible they will protect the Headwaters forest. The agreement bans logging in certain
negotiate for the widest leverage to log, even in protected forests. In areas so as to protect Headwaters’ eco-system. Pacific Lumber can log
Headwaters, changes to the conservation agreement can be made through a 425,000 cubic metres in specially-protected buffer zones. This model of
peer-review panel, but the panel is controlled by Pacific Lumber and the forest conservation has been used in Canada, Australia, Britain and the
government is unlikely to appeal panel decisions. U.S. It encourages good management and cooperation between
government, private business and environmentalists.
Argument #4
Yes No
Governments should find alternatives to logging wilderness forests, including Such alternatives are unfeasible. Cheap alternatives to wood are equally
alternative fuel sources and genetically engineered trees. In Africa, poverty is dangerous for the environment and costly for poor people to procure and
the main source for deforestation. Poor people cannot afford alternatives fuels use. Moreover, there is evidence that people can coexist with forests.
and must fell trees to make fire. By prohibiting logging, governments will create Though they may fell them for fuel, in Africa especially, people aid in
an incentive for the development of alternative fuel sources. Scientists are putting out bushfires, enrich the soil and preserve the trees for timber,
developing genetically engineered trees. They either grow faster or have food and shelter. By prohibiting logging and creating protected eco-spaces,
improved quality wood. The biggest obstacle to full-scale development of conservationists might actually be harming the delicate interplay between
genetically engineered trees is money. Logging companies and governments people and the environment.Genetically modified organisms are untested
have no incentive to invest in research and development of these trees as long a and there is a huge debate in the EU and America as to whether they
virgin forests remain. should introduced at all. Genetically engineered trees could have untold
effect on forest ecosystems. The science is too new to trust in such a case.
Further, if trees are genetically engineered, it might actually create a
bigger incentive to log, as there is now an endless supply of new forest.
11. Protected areas?

a. The Philippine government established a system of protected areas—ranging from large natural parks, to
landscapes and seascapes, to wildlife and marine life sanctuaries—for conservation and management of the
‗last remaining representatives‘ of Philippine habitats and ecosystems.
b. ―Protected Area‖ refers to identified portions of land and water set aside by reason of their unique physical
and biological significance, managed to enhance biological diversity and protected against destructive
human exploitation;
c. SECTION 3. Categories – The following categories of protected areas are hereby established:
- a. Strict nature reserve;
- b. Natural park;
- c. Natural monument;
- d. Wildlife sanctuary;
- e. Protected landscapes and seascapes;
- f. Resource reserve;
- g. Natural biotic areas; and
- h. Other categories established by law, conventions or international agreements which
the Philippine Government is a signatory.
12. Can ninoy issue a proclamation naming visayas as a protected area?

a. NO – congress dapat
b. National Integrated Protected Areas System Act of 1992
13. Can president disestablish a protected area?

a. No – congress dapat
b. National Integrated Protected Areas System Act of 1992
c. If president – politico kasi yan – baka ma reduce yung protected areas – baka gawing
regalo sa mga supporter
d. Read da wild life act
e. SECTION 7. Disestablishment as Protected Area. – When in the opinion of
the DENR a certain protected area should be withdrawn or disestablished, or its
boundaries modified as warranted by a study and sanctioned by the majority of
the members of the respective boards for the protected area as herein
established in Section 11, it shall, in turn, advice Congress. Disestablishment
of a protected area under the System or modification of its boundary shall
take effect pursuant to an act of Congress. Thereafter, said area shall revert
to the category of public forests unless otherwise classified by Congress:
Provided however, that after disestablishment by Congress, the Secretary may
recommend the transfer of such disestablished area to other government
agencies to serve other priority programs of national interest.
14. Writ of kalikasan?

- A writ of kalikasan (nature) is a legal remedy under Philippine law for persons whose constitutional right to ―a balanced and healthful
ecology‖ is violated by an unlawful act or omission of a public official, employee, or private individual or entity.
- It draws its mandate from Article II Section 16 of the 1987 Constitution, which says that 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.‖
- In 2009, the Supreme Court held a forum on environmental protection in Baguio City where difficulties in the prosecution of ecology-
related crimes and the huge backlog pending in the courts were identified as among the issues affecting the implementation of
environmental laws.
- The high court then came out with the writ of kalikasan the following year when it issued the rules of procedure for environmental
cases as a special civil action to deal with environmental damage of such magnitude that it threatens life, health or property of
inhabitants in two or more cities or provinces.
Philippine-made
Then Chief Justice Reynato Puno said that while the writ of habeas corpus originated in England as a legal recourse for those wrongly detained
and the writ of amparo came from Latin America to address its own brush with human rights violations, the writ of kalikasan is proudly
Philippine-made to deal with cases in the realm of ecology.
In April last year, environmentalist and activist groups filed a petition for a writ of kalikasan in the Supreme Court for the 2013 destruction of a
section of the Tubbataha Reef when a United States Navy minesweeper ran aground.
The USS Guardian ran aground some 130 kilometers southeast of Palawan province after completing a port call at the former US naval base of
Subic Bay, Olongapo City. It was en route to its next port of call in Indonesia. The vessel was extricated after 73 days at a cost of $45 million.
The petitioners have asked the court to grant to the government ―primary and exclusive jurisdiction‖ over American officials they considered
liable for the Jan. 17, 2013, incident. The US officials held accountable for the reef‘s destruction included US Vice Adm. Scott Smith,
commander of the US 7th Fleet, and Lt. Cmdr. Mark Rice, commanding officer of the Guardian.
Section 3. Objectives. - The objectives of these Rules are:
(a) To protect and advance the constitutional right of the people to a balanced and healthful
ecology;
(b) To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights and duties recognized under the Constitution, existing laws, rules and
regulations, and international agreements;
(c) To introduce and adopt innovations and best practices ensuring the effective enforcement
of remedies and redress for violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases.
x-------------x
WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT: ENSURING ECOLOGICAL

SUSTAINABILITY
Republic Act 9147
(source: KONGGRESO NG BAYAN, January 2002 Issue)
Approved by President Gloria Macapagal-Arroyo was an important legislative measure geared towards ensuring
environmental sustainability. Originating in the House of Representatives as HB 10622, filed by Rep. J.R. Nereus O.
Acosta, the Wildlife Resources Conservation and Protection Act (RA 9147) aims to protect our country’s fauna from
illicit trade, abuse and destruction, through (1) conserving and protecting wildlife species and their habitats, (2)
regulating the collection and trade of wildlife, (3) pursuing, with due regard to the national interest, the Philippine
commitment to international conventions, protection of wildlife and their habitats, and (4) initiating or supporting
scientific studies on the conservation of biological diversity.
The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including
critical habitats and protected areas under the National Integrated Protected Areas System (NIPAS) Act. Exotic
species, or species which do not naturally occur in the country, are also covered by this Act. All designated critical
habitats shall be protected, in coordination with the local government units and other concerned groups, from any
form of exploitation or destruction which may be detrimental to the survival of species dependent upon these areas.
The introduction, reintroduction or re-stocking of endemic and indigenous wildlife shall be allowed only for population
enhancement or recovery. Any introduction shall be subject to a scientific study. The Act also prohibits the
introduction of exotic species into protected areas and critical habitats. If and when introduction is allowed, it shall
be subjected to environmental impact assessment and the informed consent from local stakeholders.
Conservation breeding or propagation of threatened species shall be encouraged to enhance its population in its
natural habitat. Breeding shall be done simultaneously with the rehabilitation and protection of the habitat where the
captive-bred or propagated species shall be released or reintroduced. When economically important species become
threatened, collection shall be limited to scientific, educational or breeding purposes.
The Act makes it unlawful for any person to undertake the following:
killing and destroying wildlife species, except when it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities, when the wildlife is afflicted with an incurable communicable disease,
when it is deemed necessary to put an end to the misery suffered by the wildlife, or when it is done to prevent an
imminent danger to the life or limb of a human being; when the wildlife is killed or destroyed after it has been used
in authorized research or experiments
inflicting injury which cripples and/or impairs the reproductive system of wildlife species
effecting any of the following acts in critical habitats: dumping of waste products detrimental to wildlife; squatting or
otherwise occupying any portion of the critical habitat; mineral exploration and/or extraction; burning; logging; and
quarrying
introduction, reintroduction, or restocking of wildlife resources
trading of wildlife
collecting, hunting or possessing wildlife, their by-products and derivatives
gathering or destroying of active nests, nest trees, host plants and the like
maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
transporting of wildlife.
For any person who undertakes these illegal acts, stiff penalties and fines are meted out. Imprisonment of as much
as 12 years and a fine of P1 million pesos shall be imposed, if inflicted or undertaken against species listed as
critical.
A Wildlife Management Fund to be derived from fines imposed and damages awarded, fees, charges, donations,
endowments, administrative fees or grants, shall be administered by the Department of Environment and Natural
Resources as a special account in the National Treasury. It will be used primarily to finance rehabilitation or
restoration of habitats due to violations of this Act. The Fund will also support scientific research, enforcement and
monitoring activities, as well as enhancement of capabilities of relevant agencies.
With the approval of The Wildlife Resources Conservation and Protection Act, Congress continues its commitment to
protect the environment to ensure an economically and ecologically sustainable future, following the constitutional
mandate of the State to protect and advance the right of its people to “a balanced and healthful ecology in accord
with rhythm and harmony of nature.”
xxxxxxxxxxxxxxxxxxxxxxx
15. Mined areas can they be rehabilitated?
a. It depends
i. Underground mining – mahirap irehab
ii. Surface mining - pwede pa maayos
b. Mineral – non renewable
c. May provision for rehabilitation
- Philippine Mining Act of 1995.
- Sec. 2 Declaration of Policy. All mineral resources in public and private lands within the territory and
exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the
responsibility of the State to promote their rational exploration, development, utilization and conservation
through the combined efforts of government and the private sector in order to enhance national growth in a
way that effectively safeguards the environment and protect the rights of affected communities .
- Metal-absorbing plants seen to help rehabilitate mined-out areas: A mine-to-forest
“makeover” is now possible, thanks to phytotechnology.
FACTORS that motivate compliance Barriers to compliance

FACTORS – which encourage NON
COMPLIANCE
ECONOMIC
1. Desire to avoid a penalty 1. Lack funds
2. Desire to avoid future liability 2. Greed – desire to achieve a madafaking
3. Desire to save money by doing cost competitive advantage biiitch
effective and environmentally sound 3. Compelling demands for resources
practices
SOCIAL/MORAL
1. Moral values for environmental quality 1. Lack of social respect for law
2. Social respect for the law 2. Lack of public support for environmental
3. Clear Governmental WILL to enforce the concerns
environmental laws 3. Lack of Government‘s WILLINGNESS to
enforce
PERSONAL
1. Positive personal relationship between 1. Fear of change

program personnel and facility manager 2. Inertia
2. Desire on the part of the facility manager to 3. Ignorance about the requirement
avoid legal process 4. Ignorance about how to meet the
3. Desire to avoid jail, the stigma of requirements
enforcement and adverse publicity
management
1. Jobs and training dedicated to compliance 1. Lack of internal accountability for

2. Bonuses or salary increase based on compliance
environmental compliance 2. Lack of management system for compliance
3. Lack of compliance training personnel
technological
1. Availability of affordable technology 1. Inability to meet the requirements due to

lack of appropriate technology
2. Technologies that are unreliable or difficult
to operate
Notes
1. Mining is constitutional – not prohibited

- The Philippine Constitution of 1987 (―Constitution‖) and the Philippine Mining Act of 1995 (―Mining
Act‖) govern the exploration, development, processing and utilization of mineral resources in the
Philippines. Under the Constitution,
- the State owns all mineral resources. However, the State may enter into agreements with private
contractors for the exploitation of mineral resources.
- The Mining Act and its Implementing Rules and Regulations (―IRR‖) define these agreements,
delineate the various mining rights recognized in the Philippines and provide the requirements for
acquiring these mining rights. Other Philippine laws also govern investments in the Philippine
mining industry.
- A. The 1987 Philippine Constitution
- The Constitution provides that all lands of the public domain, water, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and other
natural resources are owned by the state. The exploration, development and utilization of these
natural resources are also under the full control and supervision of the state. However, the state
has the option of entering into co-production, joint venture or production-sharing agreements with
Philippine citizens or Philippine corporations or associations. At least 60% of the capital of a
corporation or association must be owned by Philippine citizens before it can be considered as a
Philippine corporation or association.
- As an exception to this nationality requirement, the Constitution authorizes the President of the
Philippines to enter into agreements with foreign-owned corporations involving either financial or
technical assistance, for the large-scale exploration, development and utilization of minerals,
petroleum and other mineral oils
2. Municipal fishing 15 km
3. Writ of kalikasan
4. 3 pillars of asean community

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Environmental law For:Margaret …

I. Environmental Governance: Sustainable Development thru

ENVIRONMENTAL LAW: a set of legal rules addressed specifically to activities

 Envi- new field of law

 UN STOCKHOLM DECLARATION CENTERED ON MAN as both CREATOR and

SUSTAINABLE DEVELOPMENT: development without destruction; optimal development

- What are the 3 pillars of sustainable development b*tch?

 SIMPLE DICTUMS EXPLAINING SUSTAINABLE DEVELOPMENT vis-à-vis Ecological Sustainability:

 Envi-law vis-à-vis Sustainable Development;

 MULTILATERAL ENVIRONMENTAL AGREEMENT (MEA)

 Resource to recovery analysis

 UN MILLENIUM DEVELOPMENT GOALS

 3 targets to achieve sustainable development

 2 levels (value of above discussion)

II. 1st meeting notes

III. 2nd meeting notes

- MEA – multilateral environmental agreement

- Principle of “common but differentiated” responsibilities

- Flavor of the month na UN ―water conservation‖

- PAWB –protected areas and wild life bureaus

 Institutional arrangement for environmental management?

 Pwede ba incineration sa waste management act? pwede

Oposa vs. Factoran

HELD: Yes – they have a cause of action; Section 16 is Self Executing.

Manila Prince Hotel vs. GSIS

Section 17. Upgrading of Water

RA 9003 is a sweeping piece of legislation enacted to radically transform

Even assuming the absence of a categorical legal provision specifically

Nowadays: internally displaced persons

 TO MEET THE CHALLENGES posed by internally displaced persons,

VI. Sovereignty over Natural Resources: change of concept

o It requires the protection of specified environmental resources/ or

- This Sovereignty is the corner stone of Public International Law

 EXCLUSIVE JURISDICTION OF A STATE – IS NOT SO EXCLUSIVE ANYMORE!!!!???!!

 Principle of Permanent sovereignty over natural resources

- The term was made by CHILE

 TRANSBOUNDARY NATURAL RESOURCES

 Principle of Equitable Utilization of Transboundary natural Resources?

 Sovereignty must be exercise in such a way

VII. Other disorganized notes  

POSSIBLE MIDTERM QUESTIONS:

2. Principle of Sustainable Development?

3. Intergenerational right? (oposa case)

i. The novel principles laid down in the Oposa vs Factoran case,

4. Common but differentiated responsibility (UFCCC & Vienna Convention)

5. Principle of Good Neighborliness (Stenton case)

6. Duty not to post environmental harm

7. Principle of equitable utilization of shared resources? (change concept of

Pollution Adjudication Board (PAB) vs. CA

4. Republic ACT 4850??

7. The Laguna Lake Development Authority (LLDA)

8. Special powers and functions.

Tano vs. SOCRATES

WATER RIGHTS (eo927)

 PHILIPPINE ENVIRONMENTAL POLICY (pd 1151)

(1) Is an LGU like Davao exempt from the coverage of PD 1586?

(2) Is the project entitled to a Certificate of Non-Coverage (CNC)?

 Greenpeace is an independent global campaigning organisation that acts to change attitudes

 Defending our oceans by challenging wasteful and destructive fishing, and

 Creating a toxic free future with safer alternatives to hazardous chemicals in

 Campaigning for sustainable agriculture by rejecting genetically engineered

 To maintain its independence, Greenpeace does not

2. Leading Domestic NGO?