Académique Documents
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Culture Documents
Establishment of a Climate Change Commission, an independent and autonomous body that has the same status
as that of a national government agency. The CCC is under the Office of the President and is the sole policymaking body of the government which shall be tasked to coordinate, monitor and evaluate the programs and
action plans of the government relating to climate change pursuant to the provisions of this Act. (Section 4).
The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the
Chairman, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice
Chairperson of the Commission. (Section 5)
The LGUs as frontline agencies in the formulation, planning and implementation of climate change action plans in
their respective areas, shall formulate their Local Climate Change Action Plan, consistent with the provisions of
the Local Government Code, the Framework, and the National Climate Change Action Plan. (Section 14)
Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities. (Section
14)
SEC. 13. National Climate Change Action Plan. The Commission shall formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to, the following components:
a. Assessment of the national impact of climate change;
b. The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and
extremes;
c. The identification of differential impacts of climate change on men, women and children;
d. The assessment and management of risk and vulnerability;
e. The identification of GHG mitigation potentials; and
f. The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments.
SEC. 14. Local Climate Change Action Plan. The LGUs shall be the frontline agencies in the formulation, planning and implementation of
climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the
National Climate Change Action Plan.
Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and
implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their
regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal
and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate-related activities.
LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging
issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions
thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to
effectively implement their respective action plans.
The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.
It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their
Local Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said
local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.
SEC. 15. Role of Government Agencies. To ensure the effective implementation of the framework strategy and program on climate change,
concerned agencies shall perform the following functions:
a. The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or
subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials,
basic climate change principles and concepts;
b. The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and
provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and
other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on
women and children, especially in the rural areas, since they are the most vulnerable;
c. The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change
information management system and network, including on climate change risks, activities and investments, in collaboration with
other concerned national government agencies, institutions and LGUs;
d. The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary
recommendation for ratification and compliance by the government on matters pertaining thereto;
e. The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws
and protocols and adaptation and mitigation measures; and
f. Government financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide
preferential financial packages for climate change- related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they
shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor.
The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs.
SEC. 16. Coordination with Various Sectors. In the development and implementation of the National Climate Change Action Plan, and the local
action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, peoples
organizations, the private and corporate sectors and other concerned stakeholder groups.
SEC. 17. Authority to Receive Donations and/or Grants. The Commission is hereby authorized to accept grants, contributions, donations,
KYOTO PROTOCOL (insert salient provisions based on sirs discussion, complete Kyoto Protocol very long)
INTERNATIONAL ENVIRONMENTAL LAW
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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Promulgate rules, regulations, and other issuances necessary in carrying out the Departments mandate, objectives,
policies, plans, programs, and projects;
(d) Exercise supervision over all functions and activities of the Department;
(e) Delegate authority for the performance of any administrative or substantive function to subordinate officials of the
Department;
(f) Perform other functions as may be provided by law or assigned appropriately by the President.
SEC. 8. Office of the Secretary. The Office of the Secretary shall consist of the Secretary and his immediate staff.
SEC. 9. Undersecretary. The Secretary shall be assisted by five (5) Undersecretaries who shall be appointed by the President upon the
recommendation of the Secretary. The Secretary is hereby authorized to delineate, assign and/or reassign the respective functional areas of
responsibility of the Undersecretary, provided, that such responsibility shall be with respect to the mandate and objectives of the Department;
and provided, further, that no Undersecretary shall be assigned primarily administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:
(a) Advise the Secretary in the promulgation of Department orders, administrative orders and other issuances, with
respect to his area of responsibility;
(b) Exercise supervision over the offices, services, operating units and officers and employees under his responsibilities;
(c) Promulgate rules and regulations, consistent with Department policies, that will efficiently and effectively govern the
activities of units under his responsibility;
(d) Coordinate the functions and activities of the units under his responsibility with those of other units under the
responsibility as may be delegated by the secretaries;
(e) Exercise authority on substantive and administrative matters related to the functions and activities of units under his
responsibility as may be delegated by the Secretary;
(f) Perform other functions as may be provided by law or assigned appropriately by the Secretary.
SEC. 10. Assistant Secretary. The Secretary and the Undersecretaries shall be assisted by seven (7) Assistant Secretaries, in the formulation,
management and implementation of natural resources laws, policies, plans, and programs and projects. They shall oversee the day-to-day
operations, administration and supervision of the constituents of the Department. The seven (7) Assistant Secretaries shall be responsible for
the following:
(a) Policy and Planning Studies
(b) Foreign-Assisted and Special Projects
(c) Field Operations in Luzon
(d) Field Operations in Visayas
(e) Field Operations in Mindanao
(f) Legal Affairs
(g) Management Services
SEC. 11. Public Affairs Office. There is hereby created a Public Affairs Office, under the Office of the Secretary, to be headed by a Director and
assisted by an Assistant Director, which shall serve as the public information arm of the Department. It shall be responsible for disseminating
information on natural resources development policies, plans, programs and projects; and respond to public queries related to the development
and conservation of natural resources.
The Public Affairs Offices of all bureaus are hereby abolished and their functions are transferred to the Public Affairs Office in accordance with
Section 24 (b) hereof.
SEC. 12. Special Concerns Office. There is hereby created a Special Concerns Office under the Office of the Secretary, to be headed by a
Director and assisted by an Assistant Director, which shall be responsible for handling priority areas/subjects identified by the Secretary which
necessitates special and immediate attention.
SEC. 13. Forest Management Bureau. There is hereby created a Forest Management Bureau which shall integrate and absorb the powers and
functions of the Bureau of Forest Development (BFD) and the Wood Industry Development Authority (WIDA), in accordance with Section 24(e)
hereof except those line functions and powers which are transferred to the regional field office. The Forest Management Bureau, to be headed
by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to forest development and conservation and
shall have the following functions, but not limited to:
(a) Recommended policies and/or programs for the effective protection, development, occupancy, management and
conservation of forest lands and watersheds, including grazing and mangrove areas, reforestation and rehabilitation
of critically denuded/degraded forest reservations, improvement of water, resource use the development, ancestral
lands, wilderness areas and other natural preserves, development of forest plantations including rattan bamboo, and
other valuable non-timber forest resources rationalization of the wood-based industries, regulation of the utilization
and exploitation of forest resources including wildlife, to ensure continued supply of forest goods and services.
(b) Advise the regional offices in the implementation of the above policies and/or programs.
(c) Develop plans, programs, operating standards and administrative measures to promote the Bureaus objectives and
functions.
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(f)
functions) and shall acquire the appropriations, funds, records, equipment, facilities, chosen in action, rights, other
assets, liabilities, if any, and personnel, as may be necessary, of the units that compose the merged unit shall, in a
hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from the service. Any such personnel, whose
positions are not included in the Departments new position structure and staffing pattern approved and prescribed
by the Secretary under Section 25 hereof or who are not reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph of the same Section 25.
In case of termination of a function which does not result in the abolition of the government unit which performed
such function, the appropriations and funds intended to finance the discharge of such function shall revert t the
General Fund while the records, equipment, facilities, chosen in action, rights and other assets used in connection
with the discharged of such function shall be allocated to the appropriate units as the Department shall determine or
shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws, rules and
regulations. The liabilities, if any, that may have been incurred in connection with the discharge of such function shall
likewise be treated in accordance with the Government Auditing Code and other pertinent laws, rules and
regulations. The personnel who have performed such function, whose positions are not included in the Departments
new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or
who have not been reappointed, shall be deemed separated from the service and shall be entitled to the benefits
provided in the second paragraph of the same Section 25 hereof.
SEC. 25. New Structure and Pattern. Upon approval of this Executive Order, the officers and employees of the Department shall, in a hold-over
capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the
meantime they are separated from government service.
The new position structure and staffing pattern of the Department shall be approved and prescribed by the Secretary within sixty (60) days from
the effectivity of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by him or by the
President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed
separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations.
Otherwise, they shall be paid the equivalent of one (1) month basic salary for every year of service in the government, or a fraction thereof,
computed on the basis of the highest salary received, but in no case such shall payment exceed the equivalent of twelve (12) months salary.
SEC. 26. Periodic Performance Evaluation. The Department of Environment and Natural Resources is hereby required to formulate and enforce
a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same annually to the
President.
SEC. 27. Notice or Consent Requirement. If any reorganizational change herein authorized is of such substance or materiality as to prejudice
third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant
to any agreement entered into with any of such creditors, such notice or consent requirement shall be complied with prior to the
implementation of such reorganizational change.
SEC. 28. Prohibition Against Structural Changes. No change in the regorganization herein prescribed shall be valid except upon prior approval
of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services.
SEC. 29. Funding. Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Department.
SEC. 30. Implementing Authority of the Secretary. The Secretary shall issue such orders, rules and regulations and other issuances as may be
necessary to ensure the effective implementation of the provisions of this Executive Order.
SEC. 31. Separability. Any portion or provisions of this Executive Order that may be declared unconstitutional shall not have the effect of
nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their
entirety.
SEC. 32. Repealing Clause. All laws, ordinances, rules, regulations and other issuances or parts thereof, which are inconsistent with this
Executive Order, are hereby repealed or modified accordingly.
POLLUTION CONTROL
PRESIDENTIAL DECREE No. 984 August 18, 1976
PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER
PURPOSES
WHEREAS, there is a need to modify the organizational structure of the NATIONAL POLLUTION CONTROL COMMISSION to make it more
effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the
country's industrialization program;
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Mead vs Argel
Donald Mead vs Hon Manuel A. Argel
GR No. L-41958, July 20, 1982
Facts:
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Petitioner Mead and one Arivas, in their capacity as the president and the general manager respectively of the Insular Oil
Refinery Co., were charged by the Provincial Fiscal of Rizal with violation of Section 9 in relation to Section 10 of RA 3931.
Mead and Arivas allegedly wilfully, unlawfully, and feloniously drain or otherwise dispose into the highway canal and/or
cause, permit, suffer to be drained or allow to seep into such waterway the industrial and other waste matters discharged
due to the operation of the said Insular Oil Refinery Co.
Mead however filed a motion to quash said case on the grounds that the trial court has no jurisdiction as the Provincial
Fiscal of Rizal has no legal personality to file the information against them. However, this motion to quash was denied.
The petitioner argued that the National Water and Air Pollution Control Commission (created under RA 3931) has the
exclusive authority to determine the existence of pollution before a criminal case can be filed for violation of RA 3931,
and that the Commission has the exclusive authority to prosecute violations of the same.
However, the respondent judge averred that RA 3931 does not grant exclusive power and authority to investigate and
prosecute violations of said law. Conversely, respondent judge claims that RA 3931 does not deprive fiscals and other
public prosecutors of the authority to investigate and prosecute violations of RA 3931 committed falling within their
jurisdictions.
Issue: W/N the Provincial Fiscal of Rizal has authority to file the information on violation of RA 3931 against petitioner? NO
Ruling:
- The Court held in the negative, citing Sec 8 of RA 3931. Last paragraph of Sec 8, RA 3931 which provides:
No investigation being conducted or ruling made by the Commission shall prejudice any action which
may be filed in court by any person in accordance with the provisions of the New Civil Code on nuisance.
On matters, however, not related to nuisance, no court action shall be initiated until the Commission
shall have finally ruled thereon and no order of the Commission discontinuing the discharge of waste
shall be stayed by the filing of said court action, unless the court issues an injunction as provided for in
the Rules of Court.
The Court in line with the cited paragraph of Section 8 delineated the authority to be exercised by the Commission and the
ordinary courts with respect to preventing or remedying the pollution of the waters or atmospheric air of the Philippines.
What is expressly excluded from the authority of the Commission is the determination of and the filing of court actions
involving violations of the New Civil Code on nuisance. It is expressly directed that on matters not related to nuisance "no
court action shall be initiated until the Commission shall have finally ruled thereon." This provision leaves little room for
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doubt that a court action involving the determination of the existence of pollution may not be initiated until and unless
the Commission has so determined the existence of what in the law is considered pollution.
On the argument that the provincial prosecutors and the Commission has concurring authority, the Court also held in the
negative reasoning that although it not expressly declared that the authority vested in the Commission to prosecute is
exclusive, there are also no provisions declaring that the said authority to be concurrent with Fiscals.
Thus, the Court further held that since the Provincial Fiscal of Rizal lacked the authority to file the information charging the
petitioner with a violation of the provisions of Republic Act No. 3931 there being no prior finding or determination by the
Commission that the act of the petitioner had caused pollution in any water or atmospheric air of the Philippines. It is not
to be understood, however, that a fiscal or public prosecutor may not file an information for a violation of the said law at
all. He may do so if the Commission had made a finding or determination that the law or any of its orders had been violated.
In the criminal case presently considered, there had been no prior determination by the Commission that the supposed
acts of the petitioner had caused pollution to any water of the Philippines. The filing of the information for the violation of
Section 9 of the law is, therefore, premature and unauthorized. Conversely, the respondent Judge is without jurisdiction
to take cognizance of the offense charged therein.
PAB vs CA
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
Corportions 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 executory 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
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Rodriguez vs IAC
ERNESTO R. RODRIGUEZ, JR., ERNESTO LL. RODRIGUEZ III, SACHA DEL ROSARIO, JOSE P. GENITO, ZENAIDA Z. RODRIGUEZ,
AND ENECERIO MONDIA, Petitioners VS INTERMEDIATE APPELLATE COURT AND DAYTON CONSTRUCTION &
DEVELOPMENT CORPORATION, Respondents
G.R. No. 74816 March 17, 1987
FACTS:
Petitioners filed an action for abatement of a public nuisance with damages against respondent herein Daytona
Construction & Development Corporation engaged in the manufacture of road and building concrete materials such as
concrete aggregates, with cement batching plant. The petitioners averred that their health and property has been
damaged by the cement dust, emanating from the respondents cement batching plant.
ISSUE: WON the Daytona Construction & Development Corporation is a nuisance? YES
HELD:
The court ordered and declared the operation of the cement hatching plant of the corporation as a nuisance and
ordering its permanent closure. The continued operation of the cement batching plant of the corporation poses a "great
menace to the neighbourhood, both in point of health and property. The petitioners are entitled for damages.
TOXIC SUBSTANCE AND HAZARDOUS WASTE RA 6969
Republic Act No. 6969
October 26, 1990
AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short title. This Act shall be known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990."
Section 2. Declaration of Policy. It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment; to
prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose;
and to provide advancement and facilitate research and studies on toxic chemicals.
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Member
Member
Member
Member
Member
Member
Member
Secretary of Finance
Member
Secretary of Agriculture
Member
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In the case at bar, petitioner's 1986 letters to the Office of the President and the MNR [now the Department of Environment
and Natural Resources (DENR) sought the reconsideration of a memorandum order issued by the Bureau of Forest
Development which cancelled its timber license agreement in 1983, as well as the revocation of TLA No. 356 subsequently
issued by the Bureau to private respondents in 1984.
Petitioner did not avail of its remedies under the law, i.e. Section 8 of Pres. Dec. No. 705 as amended, for attacking
the validity of these administrative actions until after 1986. By the time petitioner sent its letter dated April 2, 1986 to the
newly appointed Minister of the MNR requesting reconsideration of the above Bureau actions, these were already settled
matters as far as petitioner was concerned.
Section 8. Review. All actions and decisions of the Director are subject to review, motu propio or upon appeal of any person
aggrieved thereby, by the Department Head whose decision shall be final and executory after the lapse of thirty (30) days from
receipt by the aggrieved party of said decision, unless appealed to the President in accordance with the Executive Order No.
19, series of 1966. The Decision of the Department Head may not be reviewed by the courts except through a special civil
action for certiorari or prohibition.
(NOTE: although according to Sec. 8 pwede ang certiorari, still, SC dismissed the petition for certiorari because he waited
for at least three years before it finally filed said petition attacking the validity of the assailed Bureau actions in 1983 and 1984.
Considering that petitioner, throughout the period of its inaction, was not deprived of the opportunity to seek relief from the courts
which were normally operating at the time, its delay constitutes unreasonable and inexcusable neglect tantamounted to laches)
OTHER DISCUSSION:
There is a more significant factor which bars the issuance of a writ of certiorari in favor of petitioner and against public
respondents herein. It is precisely this for which prevents the Court from departing from the general application of the rules
enunciated above.
A cursory reading of the assailed orders issued by public respondent Minister Maceda of the MNR which were ed by the
OP, will disclose public policy consideration which effectively forestall judicial interference in the case at bar.
Public respondents herein, upon whose shoulders rests the task of implementing the policy to develop and conserve
the country's natural resources, have indicated an ongoing department evaluation of all timber license agreements entered into,
and permits or licenses issued, under the previous dispensation.
The ongoing administrative reassessment is apparently in response to the renewed and growing global concern over the
despoliation of forest lands and the utter disregard of their crucial role in sustaining a balanced ecological system. The legitimacy
of such concern can hardly be disputed, most especially in this country. A long line of cases establish the basic rule that the courts
will not interfere in matters which are addressed to the sound discretion of government agencies entrusted with the regulation
of activities coming under the special technical knowledge and training of such agencies.
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3.
After careful examination of the petitioners' complaint, SC finds the statements under the introductory affirmative allegations,
as well as the specific averments under the sub-heading CAUSE OF ACTION, to be adequate enough to show, prima facie, the
claimed violation of their rights. On the basis thereof, they may thus be granted, wholly or partly, the reliefs prayed for. It
bears stressing, however, that insofar as the cancellation of the TLAs is concerned, there is the need to implead, as party
defendants, the grantees thereof for they are indispensable parties.
The foregoing considered, the civil case be said to raise a political question. Policy formulation or determination by the
executive or legislative branches of Government is not squarely put in issue. What is principally involved is the enforcement of a
right vis-a-vis policies already formulated and expressed in legislation. It must, nonetheless, be emphasized that the political
question doctrine is no longer, the insurmountable obstacle to the exercise of judicial power or the impenetrable shield that
protects executive and legislative actions from judicial inquiry or review. The second paragraph of section 1, Article VIII of the
Constitution states that:
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government.
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Mustang Lumber vs CA
(G.R. No. 104988. June 18, 1996)
MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS, HON. FULGENCIO S. FACTORAN, JR., Secretary,
Department of Environment and Natural Resources (DENR), and ATTY. VINCENT A. ROBLES, Chief, Special Actions and
Investigation Division, DENR, respondents.
(G.R. No. 106424. June 18, 1996)
PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. TERESITA DIZON-CAPULONG, in her capacity as the Presiding Judge,
Regional Trial Court National Capital Judicial Region, Branch 172, Valenzuela, Metro Manila, and RI CHUY PO, respondents.
(G.R. No. 123784. June 18, 1996)
MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS, ATTY. VINCENT A. ROBLES, Chief, Special Actions and
Investigation Division, Department of Environment and Natural Resources (DENR), ATTY. NESTOR V. GAPUSAN, TIRSO P.
PARIAN, JR., and FELIPE H. CALLORINA, JR., respondents.
FACTS:
This a consolidation of three cases. (The CRIMINAL CASE is the most important in relation to the topic)
Mustang Lumber (petitioner) is a domestic corporation registered as a lumber dealer. On April 3 1990, a team of foresters
from DENR and policemen placed under administrative seizure narra shorts, trimmings, and slabs; a negligible number of narra
lumber; and approximately 200, 000 board feet of lumber and shorts of various species including almaciga and supa found loaded
in petitioners truck since the driver could not produce the required invoices and transport documents.
The next day, by virtue of a search warrant, the remaining stockpile of almaciga, supa, and lauan in the lumberyard were
seized.
Petitioner was given a period within which to produce the necessary documents to prove the legitimacy and origin of the
seized forest products but failed to do so. Consequently, Secretary Factoran ordered the suspension of his license and the declared
the products confiscated.
Petitioner filed the FIRST CIVIL CASE questioning the legality of the search and seizure.
On September 17, 1990, petitioner was caught engaging in the business of lumber dealing despite the suspension of his
license. The lumbers, including newly cut ones , were placed under constructive seizure prompting the petitioner to file the SECOND
CIVIL CASE
A CRIMINAL CASE was then filed by the DENR against petitioner for violation of Sec 68 of PD 705, As indicated in the
information, for possession of truckloads of almaciga and lauan and approximately 200,000 bd. ft. of lumber and shorts of various
species including almaciga and supa, without the legal documents as required under existing forest laws and regulations.
Petitioner filed a Motion to Quash alleging that the facts charged do not constitute an offense since the law punishes
possession of timber or other forest products and not lumber.
ISSUE: WON petitioner may be held liable for violation of Sec68 of PD 705? YES, Motion to Quash DENIED
HELD:
The accused is charged with other acts defined in the law
Respondent (herein petitioner) is charged with the violation of Section 68 of P.D. No. 705, as amended by E.O. No. 277,
which provides:
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Paat vs CA
(G.R. No. 111107, January 10, 1997)
LEONARDO A. PAAT, in his capacity as Officer-in-Charge (OIC), Regional Executive Director (RED), Region 2 and JOVITO
LAYUGAN, JR., in his capacity as Community Environment and Natural Resources Officer (CENRO), both of the Department
of Environment and Natural Resources (DENR), petitioners, vs. COURT OF APPEALS, HON. RICARDO A. BACULI in his
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Incentives for Enhancing Private Investments, Economic Contribution and Global Competitiveness of Forest-Based Industries
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2.4.2
2.4.3
2.4.4
2.4.5
The government shall provide a favorable and stable policy and investment environment that shall promote the development of
efficient, globally-competitive and environment-friendly forest based industries, ensure their sustainable raw material supply and
encourage value-added processing in-country to boost rural employment and the economy.
Filipino entrepreneurship in forestry shall be encouraged and supported.
A package of incentives and services that are responsive to the development of forests in private and public forestlands shall be
adopted to encourage the development of private forests, including the deregulation of privately-developed forests and
privately-planted trees and enhancement of capacities of stakeholders to engage in private forest development and related
activities.
The development of high-value tree crops and non-timber forest crops in public forestlands, private lands and in home forest
gardens shall be promoted and" encouraged to enhance economic and ecological benefits and attain self-sufficiency in the
country's wood requirements.
Incentives shall be provided to encourage co-management of forest resources involving national and other government agencies
(NGAs/OGAs),LGUs,C50s, and the private sector
2.5 Proper Valuation and Pricing of Forestry Resources and Financing SFM.
2.5.1
Mechanisms for proper valuation and fair and comprehensive pricing of forest products and services, including water for
domestic, industrial, irrigation and power generation, biodiversity and eco-tourism, shall be developed and promoted.
2.5.2
Local, regional and national plow-back mechanisms of utilizing proceeds from the use of watersheds, forests and forestlands for
ecological and environmental services such as, but not limited to power generation, supplying domestic and irrigation water; and
ecotourism, shall be developed and promoted to finance forest protection, rehabilitation, and development.
2.5.3
Appropriate and doable mechanisms for adopting the principles of environment and natural resources accounting (ENRA) and
watershed ecosystems as minimum spatial units of accounts shall be developed and institutionalized.
2.5.4
Innovative financing systems and approaches, such as securitization, bonds and collaborative investments, shall be encouraged to
support sustainable forest management and enterprises and the conservation of forest-based biodiversity in the Philippines.
2.5.5
Government investments in and out-sourced financing for forest development such as the application of clean development
mechanism (CDM) shall be prioritized in favor of forestlands that serve a significantly large population such as critical watersheds
and/or which serve to reduce poverty and inequitable access to forests such as those under CBFM and/or co-management by
NGAs/OGAs, LGUs, industries, C50s, and local communities.
2.6 Institutional Support for SFM
2.6.1
The principles and practices of good governance such as transparency, accountability and participatory decision-making, in
transactions, decisions and actions affecting forestry, in all levels, and the policy of streamlining, decentralization, devolution and
deregulation shall be adopted, promoted and institutionalized in the Government service.
2.6.2
Partnerships and collaboration between and among the DENR, NGAs/OGAs, LGUs, professional forestry organizations, local
communities, civic groups, C50s, basic sectors, academic and other research and development institutions and other stakeholders
shall be promoted.
2.6.3
Forestry administrative systems and institutions, including research and development, shall be upgraded and modernized.
2.6.4
Academic programs and scientific research shall be harnessed to generate information, technologies and policies that will
strengthen national capacities for SFM under the frameworks of watershed ecosystem management (WEM) and CBFM.
2.6.5
Human resources development programs for all stakeholders shall be rationalized and upgraded in support of SFM; forestry
extension services by NGAs/OGAs and LGU shall be upgraded and intensified and undertaken with CSOs, to support CBFM, private
forestry, forestry co-management enterprises, and the development, of forest-based biodiversity.
2.6.6
Forest land use plans shall be incorporated by LGUs in their comprehensive land use plans. National Government agencies shall
assist LGUs in this endeavor.
2.6.7
Networks and linkages with local and international institutions, CSOs, LGUs, and industries involved in the promotion and practice
of SFM shall be strengthened.
SECTION 3. Issuance of Implementing Rules and Regulations. The DENR, within one hundred eighty (180) days from the issuance hereof, and in
coordination with other pertinent national and local agencies and bodies, LGU leagues, Civil Society Organizations, industry groups and academe,
shall formulate and promulgate the implementing rules and regulations, procedures, guidelines and priority actions necessary to implement this
Order.
SECTION 4. Effectivity. This Order shall take effect immediately.
MINING LAW
Miners vs Factoran
(240 SCRA 100, G.R. No. 98332 January 16, 1995)
MINERS ASSOCIATION OF THE PHILIPPINES, INC., petitioner, vs. HON. FULGENCIO S. FACTORAN, JR., Secretary of Environment and
Natural Resources, and JOEL D. MUYCO, Director of Mines and Geosciences Bureau, respondents.
FACTS
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The instant case was filed by petitioner questioning the validity and constitutionality of the administrative orders issued by the
respondents which sprouted from the respective promulgation by the then president Aquino of Executive Orders for the
implementation of the new 1987 constitution regarding mining applications and agreements and for guidelines during the
transitory period.
The change was introduced by Article XII, Section 2 of the 1987 Constitution governing the system of exploration, development
and utilization of the countrys natural resources. No longer is the utilization of inalienable lands of public domain through
license, concession or lease under the 1935 and 1973 Constitutions allowed under the 1987 Constitution.
Petitioner alleges that among others, the administrative orders and ultimately the executive orders are unconstitutional because,
among others, violates the non-impairment of contract provision since the said orders pre-terminates existing mining agreements
and automatically converts them into production-sharing agreements.
ISSUE
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Petitioners are President and Chief Executive Officer, Senior Manager, and Resident Manager for Mining Operations,
respectively, of Marcopper Mining Corporation. Marcopper is a corporation engaged in mining in the province of
Marinduque
Marcopper had been storing tailings from its operations in a pit in Mt. Tapian. At the base of the pit ran a drainage tunnel
leading to the Boac and Makalupnit rivers. It appears that Marcopper had placed a concrete plug at the end of the tunnel.
However, on March 24, 1994 the tailings gushed out of or near the tunnels end. Thus, in a few days, the pit of Mt. Tapian
had discharged millions of tons of tailings into Boac and Makalupnit rivers
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August 1996: DOJ separately charged petitioners with violations of the Water Code of the Phils (PD 1067), National
Pollution Control Decree (PD 984), Philippine Mining Act (RA 7942), and Article 365 of the RPC for Reckless Imprudence
Resulting in Damage to Property
Petitioners moved to quash the informations arguing the ff:
1. Informations were duplicitous as DOJ charged more than 1 offense for a single act
2. Petitioners Reid and Loney were not yet officers during the time the incident took place
3. Informations contain allegations which constitute legal excuse or justification
Issue: W/N the DOJ erred in filing several charges against the petitioners? NO
Ruling:
Filing of several charges
- The petitioners contended that they should be charged with only 1 offense namely Reckless Imprudence Resulting in
Damage to Property as the charges filed against them proceed from and are based on a single act or incident of polluting
the Boac and Makalupnit Rivers through dumping of mine tailings, and the charge of Reckless Imprudence absorbs the
other charges as the element of lack of necessary or adequate protection, negligence, recklessness and imprudence is
common among them. On this contention, the Court held in the negative.
- The Court, cites Branch 94s comparative analysis of the laws on which the charges against the petitioners are based, to
wit:
In P.D. 1067 (Philippines Water Code), the additional element to be established is the dumping of mine
tailings into the Makulapnit River and the entire Boac River System without prior permit from the
authorities concerned. The gravamen of the offense here is the absence of the proper permit to dump
said mine tailings. This element is not indispensable in the prosecution for violation of PD 984 (AntiPollution Law), [RA] 7942 (Philippine Mining Act) and Art. 365 of the Revised Penal Code. One can be
validly prosecuted for violating the Water Code even in the absence of actual pollution, or even [if] it
has complied with the terms of its Environmental Compliance Certificate, or further, even [if] it did take
the necessary precautions to prevent damage to property.
In P.D. 984 (Anti-Pollution Law), the additional fact that must be proved is the existence of actual
pollution. The gravamen is the pollution itself. In the absence of any pollution, the accused must be
exonerated under this law although there was unauthorized dumping of mine tailings or lack of
precaution on its part to prevent damage to property.
In R.A. 7942 (Philippine Mining Act), the additional fact that must be established is the willful violation
and gross neglect on the part of the accused to abide by the terms and conditions of the Environmental
Compliance Certificate, particularly that the Marcopper should ensure the containment of run-off and
silt materials from reaching the Mogpog and Boac Rivers. If there was no violation or neglect, and that
the accused satisfactorily proved [sic] that Marcopper had done everything to ensure containment of
the run-off and silt materials, they will not be liable. It does not follow, however, that they cannot be
prosecuted under the Water Code, Anti-Pollution Law and the Revised Penal Code because violation of
the Environmental Compliance Certificate is not an essential element of these laws.
On the other hand, the additional element that must be established in Art. 365 of the Revised Penal
Code is the lack of necessary or adequate precaution, negligence, recklessness and imprudence on the
part of the accused to prevent damage to property. This element is not required under the previous
laws. Unquestionably, it is different from dumping of mine tailings without permit, or causing pollution
to the Boac river system, much more from violation or neglect to abide by the terms of the
Environmental Compliance Certificate. Moreover, the offenses punished by special law are mal[a]
prohibita in contrast with those punished by the Revised Penal Code which are mala in se.
-
The Court ruling in the negative and affirming the ruling of Branch 94, held that a mala in se felony (such as Reckless
Imprudence Resulting in Damage to Property) cannot absorb mala prohibita crimes (such as those violating PD 1067, PD
984, and RA 7942). What makes the former a felony is criminal intent (dolo) or negligence (culpa); what makes the latter
crimes are the special laws enacting them.
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On 25 July 1987, then President Corazon C. Aquino promulgated Executive Order No. 279 which authorized the DENR
Secretary to accept, consider and evaluate proposals from foreign-owned corporations or foreign investors for contracts
of agreements involving either technical or financial assistance for large-scale exploration, development, and utilization of
minerals, which, upon appropriate recommendation of the Secretary, the President may execute with the foreign
proponent.
On 3 March 1995, then President Fidel V. Ramos signed into law Rep. Act No. 7942 entitled, An Act Instituting A New
System of Mineral Resources Exploration, Development, Utilization and Conservation, otherwise known as the Philippine
Mining Act of 1995.
On 15 August 1995, then DENR Secretary Victor O. Ramos issued DENR Administrative Order (DAO) No. 23, Series of 1995,
containing the implementing guidelines of Rep. Act No. 7942. This was soon superseded by DAO No. 96-40, s. 1996, which
took effect on 23 January 1997 after due publication.
Previously, however, or specifically on 20 June 1994, President Ramos executed an FTAA with AMC over a total land area
of 37,000 hectares covering the provinces of Nueva Vizcaya and Quirino. Included in this area is Barangay Dipidio, Kasibu,
Nueva Vizcaya.
AMC consolidated with Climax Mining Limited to form a single company that now goes under the new name of ClimaxArimco Mining Corporation (CAMC), the controlling 99% of stockholders of which are Australian nationals.
Herein petitioners through their counsel filed a demand letter addressed to then DENR Secretary Alvarez for the
cancellation of the CAMC FTAA for the primary reason that Rep. Act No. 7942 and its Implementing Rules and Regulations
DAO 96-40 are unconstitutional. However, there was no response, thus petitioners sent a letter to then President Arroyo,
and said letter was indorsed to the DENR Secretary and eventually referred to the Panel of Arbitrators of the Mines and
Geosciences Bureau (MGB), Regional Office No. 02, Tuguegarao, Cagayan, for further action.
On 19 February 2003, the MGB rejected the demand of counsels for petitioners for the cancellation of the CAMC FTAA.
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DOCTRINE:
The law and the facts indicate that a mere MOA does not guarantee the dumpsites permanent closure. An order for
closure is in order.
FACTS
Garbage was on the rise.
At the height of the garbage crisis plaguing Metro Manila and its environs, parts of the Marikina Watershed Reservation
were set aside by the Office of the President, through Proclamation No. 635 dated 28 August 1995, for use as a sanitary
landfill and similar waste disposal applications. In fact, this site, extending to more or less 18 hectares, had already been
in operation since 19 February 1990 for the solid wastes of Quezon City, Marikina, San Juan, Mandaluyong, Pateros, Pasig,
and Taguig.
A petition filed by the Province of Rizal, the municipality of San Mateo, and various concerned citizens for review on
certiorari of the Decision of the Court of Appeals in CA-G.R. SP No. 41330, denying, for lack of cause of action, the petition
for certiorari, prohibition and mandamus with application for a temporary restraining order/writ of preliminary injunction
assailing the legality and constitutionality of Proclamation No. 635.
A case to the CA for the closure of the landfill stalled.
ISSUE
Whether or not the landfill is contrary to law
HELD:
SC held that the San Mateo Landfill will remain permanently closed.
Although the petitioners may be deemed to have waived or abandoned the issues raised in their previous pleadings but
not included in the memorandum,certain events we shall relate below have inclined us to address some of the more
pertinent issues raised in the petition for the guidance of the herein respondents, and pursuant to our symbolic function
to educate the bench and bar.
The law and the facts indicate that a mere MOA does not guarantee the dumpsites permanent closure.
The rally and barricade staged by the people of Antipolo on 28 January 1999, with the full support of all the mayors of
Rizal Province caused the MMDA to agree that it would abandon the dumpsite after six months. In return, the municipal
mayors allowed the use of the dumpsite until 20 July 1999.
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