Académique Documents
Professionnel Documents
Culture Documents
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AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
threatened and to enable economic development to proceed in a sustainable Section 5. Composition of the Commission. The Commission shall be composed of the
manner.1awphil As a party to the Hyogo Framework for Action, the State likewise President of the Republic of the Philippines who shall serve as the Chairperson, and
adopts the strategic goals in order to build national and local resilience to climate three (3) Commissioners to be appointed by the President, one of whom shall serve
change-related disasters. as the Vice Chairperson of the Commission.
Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential dangerous
consequences of climate change such as rising seas, changing landscapes, increasing RA 10121 NDRRMC 2010
frequency and/or severity of droughts, fires, floods and storms, climate-related A working group of various government, non-government, civil sector, and
illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys private sector organizations of the Philippines. It is under the Department
environment, culture, and economy, the State shall cooperate with the global of National Defense. The Council is responsible for ensuring the
community in the resolution of climate change issues, including disaster risk protection and welfare of the people during disasters/emergencies.
reduction. It shall be the policy of the State to enjoin the participation of national and
local governments, businesses, nongovernment organizations, local communities and Section 5. National Disaster Risk Reduction and Management Council. - The present
the public to prevent and reduce the adverse impacts of climate change and, at the National Disaster Coordinating Council or NDCC shall henceforth be known as the
same time, maximize the benefits of climate change. It shall also be the policy of the National Disaster Risk Reduction and Management Council, hereinafter referred to
State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all as the NDRRMC or the National Council.
The National Council shall be headed by the Secretary of the Department
climate change and renewable energy efforts, plans and programs. In view thereof,
of National Defense (DND) as Chairperson with the Secretary of the Department of
the State shall strengthen, integrate, consolidate and institutionalize government the Interior and Local Government (DILG) as Vice Chairperson for Disaster
initiatives to achieve coordination in the implementation of plans and programs to Preparedness, the Secretary of the Department of Social
address climate change in the context of sustainable development. Welfare and Development (DSWD) as Vice Chairperson for Disaster
Further recognizing that climate change and disaster risk reduction are Response, the Secretary of the Department of Science and Technology (DOST) as
closely interrelated and effective disaster risk reduction will enhance climate change Vice Chairperson for Disaster Prevention and Mitigation, and the Director-General
adaptive capacity, the State shall integrate disaster risk reduction into climate change of the National Economic and Development Authority (NEDA) as Vice
programs and initiatives. Chairperson for Disaster Rehabilitation and Recovery.
Cognizant of the need to ensure that national and subnational government
policies, plans, programs and projects are founded upon sound environmental Overview of the councils power: Section 6. Powers and Functions of the
considerations and the principle of sustainable development, it is hereby declared the NDRRMC. - The National Council, being empowered with policy-making,
policy of the State to systematically integrate the concept of climate change in various coordination, integration, supervision, monitoring and evaluation functions
phases of policy formulation, development plans, poverty reduction strategies and
other development tools and techniques by all agencies and instrumentalities of the Section 7. Authority of the NDRRMC Chairperson. - The Chairperson of the
NDRRMC may call upon other instrumentalities or entities of the government and
government
nongovernment and civic organizations for assistance In terms of the use of their
facilities and resources for the protection and preservation of life and properties in
Greenhouse gases (GHG) refers to constituents of the atmosphere that the whole range of disaster risk reduction and management. This authority includes
contribute to the greenhouse effect including, but not limited to, carbon the power to call on the reserve force as defined in Republic Act No. 7077 to assist
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and in relief and rescue during disasters or calamities.
sulfur hexafluoride.
Section 8. The Office of Civil Defense. - The Office of Civil Defense (OCD) shall have
The Commission shall be an independent and autonomous body and shall the primary mission of administering a comprehensive national civil defense and
disaster risk reduction and management program by providing leadership in the
have the same status as that of a national government agency. It shall be
continuous development of strategic and systematic approaches as well as measures
attached to the Office of the President. to reduce the vulnerabilities and risks to hazards and manage the consequences of
disasters.
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
Chairperson, and three (3) Commissioners to be appointed by the President, one of Implementing agency:
whom shall be appointed as Vice Chairperson of the Commission. Main agency: Department of Energy
Supporting agency/agencies: Department of Environment and
SEC. 18. Creation of the Peoples Survival Fund. A Peoples Survival Fund Natural Resources (DENR), Department of Labor and
(PSF) is hereby established as a special fund in the National Treasury for the Employment (DOLE), Department of Finance (DOF),
financing of adaptation programs and projects based on the National Strategic Department of Science and Technology (DOST), Department of
Framework. (according to Amb. Tolentino this is merely suppletory to other climate change Trade and Industry (DTI), Departent of Agriculture (DOA),
programs) National Biofuel Board, Bureau of Internal Revenue (BIR), the
Bureau of Customs (BOC), the Philippine Council for Industry
SEC. 19. Sources of the Fund One billion pesos (P1,000,000,000.00) shall be and Energy Research and Development (PCIERD), and local
appropriated under the General Appropriations Act (GAA) as opening balance of the government units (LGUs)
PSF balance of the PSF including the amount appropriated in the GAA which
shall form part of the fund shall not revert to the general fund
law was legislated to develop and utilize renewable energy, to mitigate toxic
and greenhouse gas effects, to decrease the countrys dependence on
SEC. 21. The Peoples Survival Fund Board. There is hereby created a Peoples
imported fuel and to increase rural employment and income.
Survival Fund Board, hereinafter referred to as the PSF Board, which shall be lodged
under the Commission
It mandated the incorporation of 1% biodiesel in diesel and 5% bioethanol
SEC. 24. Prioritization of Fund Allocation. The Commission shall develop in gasoline by 2009.
criteria to prioritize use of the fund based on, but not. limited to, the following:
(a) Level of risk and vulnerability to climate change; DECLARATION OF POLICY: .reduce dependence on imported fuels
(b) Participation of affected communities in the design of the project; with due regard to the protection of public health, the environment, and
(c) Poverty reduction potential; natural ecosystems consistent with the countrys sustainable economic
(d) Cost effectiveness and attainability of the proposal; growth that would expand opportunities for livelihood by mandating the use
(e) Identification of potential co-benefits extending beyond LGU territory; of biofuels. as a measure to: a) develop and utilize indigenous renewable and
(f) Maximization of multi-sectoral or cross-sectoral benefits; sustainably-sourced clean energy sources to reduce dependence on imported
(g) Responsiveness to gender-differentiated vulnerabilities; and oil; b) mitigate toxic and greenhouse gas (GHG) emissions; c) increase rural
(h) Availability of climate change adaptation action plan. employment and income; and d) ensure the availability of alternative and
renewable clean energy without any detriment to the natural ecosystem,
SEC. 25. Community Participation. To ensure transparency and participation biodiversity and food reserves of the country.
of vulnerable and marginalized groups in the adaptation projects to be supported by
the fund, community representatives and/or NGO counterparts may participate as DEFINITION OF TERMS
observers in the project identification, monitoring and evaluation process of the c) Bioethanol - shall refer to ethanol (C&Ow) produced
Commission. d) Biodiesel - shall refer to Fatty Acid Methyl Ester (FAME) or
mono-alkyl esters derived from vegetable oils or animal fats and
other biomass-derived oils that shall be technically proven and
BIOFUEL ACT approved by the DOE for use in diesel engines, with quality
The act mandates the government to reduce the countrys dependence on specifications in accordance with the Philippine National Standards
imported fuels, to phase out the use of harmful gasoline additives, to rather (PNS); 3
use biofuels, and to create an incentive scheme. With the creation of a e) Bioethmol Fuel - shall refer to hydrous or anhydrous bioethanol
National Biofuel Board (NBB), it shall monitor the Biofuel Program and suitably denatured for use as motor fuel, with quality specifications
ensure the sufficient supply of sugar to meet the domestic demands in accordance with the PNS;
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
f) Biofuel - shall refer to bioethanol and biodiesel and other fuels Take Note of the following
made from biomass and primarily used for motive, thermal and 1. Change in the concept of Sovereignty
power generation, with quality specifications in accordance with 2. Permanent Sovereignty Over Natural Society?
the PNS; 3. Transboundary Natural Resources
g) Biomass - shall refer to any organic matter, particularly cellulosic 4. Equitable Utilization that states are entitled to a reasonable and equitable
or ligno-cellulosic matter, which is available on a renewable or share in the beneficial uses of transboundary natural resources. No use or
recurring basis, including trees, crops and associated residues, plant category is inherently superior to any other use or category of use
fiber, poultry litter and other animal wastes, industrial wastes, and 5. Should we relax the concept of sovereignty? Why?
the biodegradable component of solid waste; 6. Why toward humankind oriented from state- oriented laws?
7. Functional Sovereignty
SEC. 4. Phasing Out of the Use of Harmful Gasoline Additives and/or
Oxygenates. - Within six months from the effectivity of this Act
ENVIRONMENTAL GOVERNANCE:
Incentive Scheme: specific tax, VAT, exempt from wastewater charges, SUSTAINABLE DEVELOPMENT THORUGH
financial assistance ENVIRONMENTAL LAW (BEDAN LAW
Primary Agency: Department of Energy
JOURNAL_ MARCH 2010 PAGE 17
(READ FULL TEXT)
SEC. 12. Prohibited Acts. - The following acts shall be prohibited SUSTAINABLE DEVELOPMENT (Tagalog: Likas-kayang pag-unlad)
-often equated with development without destruction. It is optimal
a) Diversion of biofuels, whether locally produced or
development with minimal destruction. In short, wise use of the
imported, to purposes other than those envisioned in this
environment. By wise use is meant sustainable utilization for the benefit
Act;
of mankind in a way compatible with the maintenance of the natural
b) Sale of biofuel-blended gasoline or diesel that fails to
elements of the ecosystem. It is, in other words, a forward-looking
comply with the minimum biofuel-blend by volume in
development.
violation of the requirement under Section 5 of this Act;
c) Dishibution, sale and use of automotive fuel containing Things to take note of:
harmful additives such as, but not limited to, MTBE at 1. What is Environmental Law?
such concentration exceeding the limits to be determined 2. What is the role of man in the environment? custodian.
by the NBB 3. What are MEAs or Multilateral Environment Agreements?
d) Noncompliance'with the established guidelines of the 4. Natural Resource Law : from use oriented to resource oriented
PNS and DOE adopted for the implementation of this why?
5. Take note of the Conclusion of the readings
Act; and
e) False labeling of gasoline, diesel, biofuels and
biofuelblended gasoline and diesel. CASE : OROPOSA VS FORMOSA 224 SCRA 792
(WHAT IS SUSTAINABLE DEVELOPMENT?)
SOVEREIGNTY OVER NATURAL RESOURCES: FACTS:
CHANGE OF CONCEPT OR CHANGE OF The principal petitioners are all minors duly represented and joined by their respective
PERCEPTION (BEDAN REVIEW VOL. 1 parents. Impleaded as an additional plaintiff is the Philippine Ecological Network,
ALABANG) Inc. (PENI), a domestic non-stock and non-profit corporation organized for the
(READ FULL TEXT) purpose of engaging in concerted action geared for protection of the environment
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
and natural resources. The original defendant was Hon. Fulgencio Factoran, Jr., the performance of their obligation to ensure the protection of that right for the
Secretary of DENR. generations to come.
The complaint was instituted as a taxpayers class suit and alleges that plaintiffs are (2) NO. The Court does not agree with the trial courts conclusions that the plaintiffs
all citizens of the Republic of the Philippines, taxpayers, and entitled to the full failed to allege with sufficient definiteness a specific legal right involved or a specific
benefit, use, and enjoyment of natural resource treasure that is the countrys virgin legal wrong committed, and that the complaint is replete with vague assumptions and
tropical forests. conclusions based on unverified data.
The instant petition was filed to seek for the cancellation of all existing timber license The complaint focuses on one specific fundamental legal rightthe RIGHT TO A
agreements (TLA) in the country and to cease and desist from receiving, accepting, BALANCED AND HEALTHFUL ECOLOGY which is solemnly incorporated
processing, renewing, or approving new timber license agreements. in fundamental law. While said right is to be found under the Declaration of
Principles and State Policies, it does not follow that it is less important than any civil
Minor petitioners contend that continued granting of timber license constitutes a political rights.
misappropriation or impairment of the natural resource property and violates their
constitutional right to a balanced and healthful ecology (Art. II, Sec. 16) and the The right to a balanced and healthful ecology carries with it the correlative right to
protection by the State in its capacity as PARENS PATRIAE. Petitioners likewise rely refrain from impairing the environment.
on respondents correlative obligation per Sec. 4 of Executive Order 192, to
safeguard the peoples right to a healthful environment.
ENVIRONMENTAL PROVISIONS OF 1987
ISSUES: CONSTITUTION
Sec. 16, Art. II: The State shall protect and advance the right of the
(1) Whether the petitioners have locus standi people to a balanced and healthful ecology in accord with the rhythm
(2) Whether the petitioners failed to allege in their complaint a specific legal right and harmony of nature.
violated by the respondent Secretary for which any relief is provided by law.
Sec. 2 (2), Art. XII: The State shall protect the nations marine wealth
in its archipelagic waters, territorial sea, and exclusive economic zone,
HELD:
and reserve its use and enjoyment exclusively to Filipino citizens.
(1) YES. They represent their generation as well as generations yet unborn. Their Sec.5, Art. XII: The State, subject to the provisions of this
personality to sue in behalf of the succeeding generations can only be based on the Constitution and national development policies and programs, shall
concept of INTERGENERATIONAL RESPONSIBILITY insofar as the right protect the rights of indigenous cultural communities to their ancestral
to a balanced and healthful ecology is concerned. lands to ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
Such a right as hereinafter expounded considers the rhythm and harmony of governing property rights or relations in determining the ownership and
nature. Nature means the created world in its entirety. Such rhythm and harmony extent of ancestral domain. (Note: Indigenous peoples traditional ecological
indispensably include, inter alia, the judicious disposition, utilization, management, knowledge is an integral part of understanding the environment).
renewal, and conservation of the countrys forest, mineral, land, waters, fisheries,
wildlife, off-shore areas, and other natural resources to the end that their exploration, ROLE OF GOVERNMENTAL INSTITUTIONS IN
development, and utilization be equitably accessible to the present as well as future
generations. ENVIRONMENTAL ADMINISTRATION
Department of Health (DOH)
Every generation has a responsibility to the next to preserve that rhythm and o Has environmental health programs. These concerns PREVENTING
harmony for the FULL ENJOYMENT of a balanced and healthful ecology. The ILLNESS through managing the environment. These are primarily
minors assertion of their right to a sound environment constitutes, at the same time, concerned with effects of the environment to health of people.
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
o Issues environmental sanitation clearance MANAGEMENT (e.g. It may order LGUs to determine if they have proper
wastewater treatment facilities).
Department of Agriculture (DA)
o Executive branch responsible for the promotion of agriculture and fisheries Philippine Atmospheric Geophysical and Astronomical Services
development and growth. Administration (PAGASA).
o Emphasizes on the productivity and sustainability in the use of agricultural o Government agency for weather forecasting, flood control, astronomical
resources. observations, and time service.
o Reports on areas where marine life has to be restored. o Maintains NATIONWIDE NETWORK pertaining to observation and
o Extends assistance to LGUS in developing fisheries. forecasting of weather and other climatological conditions affecting national
safety, welfare, and economy.
Department of Education (DepEd) o Undertakes researches on the structure, development, and motion of
o Department responsible for ensuring access to, promoting equity in, and typhoons and formulates measures for their moderation.
improving the quality of basic education. o Maintains effective linkages with scientific organization here and abroad,
o Integrates environmental education in schools curricula (e.g. environmental and promotes exchange of scientific information and cooperation among
laws concepts and principles), thus promoting environmental awareness. personnel engaged in atmospheric, geological, and astronomical studies.
o Integrates lessons in pollution prevention, waste management,
environmental protection etc. DENR AND ITS BUREAUS
DENR: Reorganized under EO 192
Department of Tourism
PAB is under the Office of the president
o Department responsible for the regulation of Philippine tourism industry
and promotion of the Philippines as a tourist destination. Applicable: Doctrine of Exhaustion
o Assumes prominent role in developing responsible tourism thereby
ensuring protection, preservation, and promotion of resources. (1) Ecosystems Research and Development Bureau-principal research
o Promotes tourism industry that is ecologically sustainable. and development (R & D) unit of DENR. Its R & D and extension activities
are focused on the 5 major ecosystems of the Philippines which include
Department of Public Works and Highways (DPWH) forests, upland farms, grassland and degraded areas, coastal zone and
o Department responsible for the safety of projects in the field of public freshwater, and urban areas.
works. It is also responsible for the maintenance of Philippine road network
and irrigation system. (2) Environmental Management Bureau (EMB)- the primary
o Responsible for removal and demolition of structures obstructing free flow government agency under the Department of Environment and Natural
of water. Resources to formulate, integrate, coordinate, supervise and implement all
o Integrates environmental and social concerns into road and infrastructure policies, programs, projects and activities relative to the prevention and
development projects. control of pollution as well as the management and enhancement of
o Utilizes Environmental Impact Assessment in its projects. environment (e.g. It is mainly responsible for the implementation and
enforcement of RA 8749 (Phil Clean Air Act of 1999).
Philippine National Police (PNP)
o Enforces laws involving agriculture, environment, and natural resources. (3) Forest Management Bureau (FMB)- provides support for the
o Apprehends violators of environmental laws. effective protection, development, occupancy management, and
conservation of FOREST LANDS and WATERSHEDS.
Department of Interior and Local Government (DILG)
o Improves performance of local governments in governance, administrative, (4) Land Management Bureau (LMB)- As per Executive Order 192,
social, and economic development and ENVIRONMENTAL LMB shall ADVISE the Secretary on matters pertaining to rational land
classification, management, and disposition.
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(5) Mines and Geosciences Bureau (MGB)- government agency Power and function maybe delegated to the DENR Regional Officers in accordance
responsible for the conservation, management, development, and proper use with rules and regulations of the Board.
of the countrys mineral resources including those in reservations and lands
of public domains.
RA 4850 AN ACT CREATING THE LAGUNA LAKE
(6) Protective Areas and Wildlife Bureau (PAWB)- The Bureau shall DEVELOPMENT AUTHORITY
have the following functions: The LLDA was organized by virtue of Republic Act No. 4850 as a quasi-
government agency with regulatory and proprietary functions. Through
Formulate and recommend policies, guidelines, rules and Presidential Decree 813 in 1975, and Executive Order 927 in 1983, its
regulations for the establishment and management of an powers and functions were further strengthened to include environmental
Integrated Protected Areas Systems such as national parks, protection and jurisdiction over the lake basins surface water. In 1993,
wildlife sanctuaries and refuge, marine parks, and biospheric through Executive Order 149, the administrative supervision over LLDA
reserves; was transferred from the Office of the President to the Department of
Formulate an up-to-date listing of endangered Philippine flora Environment and Natural Resources (DENR).
and fauna and recommend a program of conservation and
propagation of the same; LLDA has jurisdiction over the following towns/cities
Assist the Secretary in the monitoring and assessment of the he jurisdiction and scope of authority of Laguna Lake
management of the Integrated Protected Areas System and Development Authority comprises the towns of Rizal and Laguna
provide technical assistance to the regional offices in the Provinces, towns of Silang, General Mariano Alvarez, Carmona,
implementation of programs for these areas; Tagaytay City in Cavite, Lucban, Quezon, City of Tanauan, towns
Formulate and recommend policies, guidelines, rules and of Sto. Tomas and Malvar in Batangas, Cities of Marikina, Pasig,
regulations for the preservation of biological diversity, genetic Taguig, Muntinlupa, Pasay, Caloocan, Quezon and town of Pateros
resources, the endangered Philippine flora and fauna; in Metro Manila.
Perform other functions as may be assigned by the Secretary
and/or provided by law. Special Powers and Functions
1) To make a comprehensive survey of the physical and natural resources and
POLLUTION ADJUDICATORY BOARD potentialities of the Laguna Lake region particularly its social and economic
The Pollution Adjudication Board (PAB) is a quasi-judicial body created under conditions, hydrologic characteristics, power potentials, scenic and tourist
Section 19 of Executive Order (E.O.) 192 for the adjudication of pollution cases. spots, regional problems, and on the basis thereof, to draft a comprehensive
and detailed plan designed to conserve and utilize optimally the resources
It is created under the Office of the Secretary. The Board shall be composed of the within the region particularly Laguna de Bay to promote the region's rapid
Secretary as the Chairman, Two (2) Undersecretaries as may be designated by the social and economic development and upon approval by the National
Secretary, the Director of the Environmental Management Bureau (EMB), the Three Economic and Development Authority (NEDA) Board of such plan, to
(3) others to be designated by the Secretary as members. The Board shall assume the implement the same including projects in line with said plan: Provided, That
powers and functions of the Commission/ Commissioners of the National Pollution implementation of all fisheries plans and programs of the authority shall
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require prior consensus of the Bureau of Fisheries and Aquatic Resources to projects and licensing procedures with respect to the Laguna Lake
ensure that such plans and programs are consistent with the national region for the purpose of drawing up a Laguna Lake development
fisheries plans and programs. For the purpose of said survey, public agencies plan which shall be binding upon all parties concerned upon
shall submit and private entities shall provide necessary data except such approval of the NEDA board.
data which under existing laws are deemed inviolable.
5) To engage in agriculture, industry, commerce, or other activities within the
2) To provide the machinery for extending the necessary planning, region which may be necessary or directly contributory to the socio-
management and technical assistance to prospective and existing investors in economic development of the region, and, for this purposes, whether by
the region; itself or in cooperation with private persons or entities, to organize, finance,
invest in, and operate subsidiary corporations: Provided, That the Authority
3) To make recommendation to the proper agencies on the peso or dollar shall engage only, unless public interest requires otherwise, in those activities
financing, technical support, physical assistance and, generally, the level of as are in the nature of new ventures or are clearly beyond the scope,
priority to be accorded agricultural, industrial and commercial projects, capacity, or interest or private enterprises due to consideration of geography,
soliciting or requiring direct help from or through the government or any of technical or capital requirements, returns on investment, and risk;
its instrumentalities;
6) To plan, program finance/or undertake infrastructure projects such as river,
4) To pass upon and approve or disapprove all plans, programs, and projects flood and tidal control works, waste water and sewerage works, water
proposed by local government offices/agencies within the region, public supply, roads, portworks, irrigation, housing and related works, when so
corporations, and private persons or enterprises where such plans, programs required within the context of its development plans and programs including
and/or projects are related to those of the Authority for the development of the readjustment, relocation or settlement of population within the region as
the region as envisioned in this Act. The Authority shall issue the necessary may be necessary and beneficial by the Authority: Provided, That should any
clearance for approved proposed plans, programs, and projects within thirty project be financed wholly or in part by the Authority, it is hereby
days from submission thereof unless the proposals are not in consonance authorized to collect reasonable fees and tolls as may be fixed by its Board
with those of the Authority or that those will contribute to the of Directors subject to the approval of the NEDA Board from users and/or
unmanageable pollution of the Laguna Lake waters or will bring about the beneficiaries thereof to recover costs of construction, operation and
ecological imbalance of the region: Provided, further, That the Authority is maintenance of the projects: Provided, further, That if the Authority should
hereby empowered to institute necessary legal proceeding against any person find it necessary to undertake such infrastructure projects which are
who shall commence to implement or continue implementation of any classified, as social overhead capital projects as determined by the NEDA,
project, plan or program within the Laguna de Bay region without previous the Authority shall be authorized to receive financial assistance from the
clearance from the Authority: Provided, furthermore, That any local government in such amount as may be necessary to carry out the said
government office, agency, public corporation, private person, or enterprise projects subject to such terms and condition that may be imposed by the
whose plans, programs and/or projects have been disapproved by the government, upon recommendation of the NEDA Board: Provided, finally,
Authority may appeal the decision of the Authority to the NEDA within That such amount as may be necessary for the purpose is hereby authorized
fifteen (15) days from receipt of such disapproval whose decision on the to be appropriated out of the funds of the National Treasury not otherwise
matter shall be final. Reasonable processing fees as may be fixed by the appropriated.
Authority's Board of Directors shall be collected by the Authority for the 7) To make an annual report to the stockholders regarding the operation of the
processing of such plans, programs and/or projects: Provided, finally, The Authority more particularly a statement of its financial conditions, activities
expansion plans shall be considered as new plans subject to review of the undertaken, progress of projects and programs and plans of actions for the
Authority and to payment of the processing fees. incoming years: Provided, however, That a majority of the stockholders may
require the Authority to submit report or reports other than the annual
a. The Authority and national and local government offices, agencies report herein required, which report must be submitted within a period of
and public corporations shall coordinate their plans, programs, thirty (30) days from notice thereof;
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8) To lend or facilitate the extension of financial assistance and/or act as surety amelioration of bonafide resident fisherman whether individually or
or guarantor to worthwhile agricultural, industrial and commercial collectively in the form of cooperatives, lakeshore town development, a
enterprises; master plan for fishpen construction and operation, communal fishing
ground for lakeshore town residents, and preference to lakeshore town
9) To reclaim or cause to the reclaimed portions of the Lake or undertake
residents in hiring laborers for fishery projects.
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
subject to the approval of the NEDA Board: Provided, That the land so 12) To require the cities and municipalities embraced within the region to pass
reclaimed shall be the property of the Authority and title thereto shall be appropriate zoning ordinances and other regulatory measures necessary to
vested in the Authority: Provided, further, That the resulting lake shore shall carry out the objectives of the Authority and enforce the same with the
continue to be owned by the national government. assistance of the Authority.
10) The provisions of existing laws to the contrary notwithstanding, to engage in 13) The provisions of existing laws to the contrary notwithstanding, to exercise
fish production and other aqua-culture projects in Laguna de Bay and other water rights over public waters within the Laguna de Bay region whenever
bodies of water within its jurisdiction and in pursuance thereof to conduct necessary to carry out the Authority's projects;
studies and make experiments, whenever necessary, with the collaboration
and assistance of the Bureau of Fisheries and Aquatic Resources, with the 14) To act in coordination with existing governmental agencies in establishing
end in view of improving present techniques and practice. Provided, That water quality standards for industrial, agricultural and municipal waste
until modified, altered or amended by the procedure provided in the discharges into the lake and to cooperate with said existing agencies of the
following sub-paragraph, the present laws, rules and permits or government of the Philippines in enforcing such standards, or to separately
authorizations remain in force; pursue enforcement and penalty actions as provided for in Section 4(d) and
Section 39-A of this Act: Provided, That in case of conflict on the
11) For the purpose of effectively regulating and monitoring activities in Laguna appropriate water quality standard to be enforced such conflict shall be
de Bay, the Authority shall have exclusive jurisdiction to issue new permit resolved thru the NEDA Board;
for the use of the lake waters for any projects or activities in or affecting the
15) To develop water supply from ground and/or lake water resources for
said lake including navigation, construction, and operation of fishpens, fish
municipal, agricultural and industrial usages, in coordination with the
enclosures, fish corrals and the like, and to impose necessary safeguards for National Water Resources Council created by Presidential Decree No. 424
lake quality control and management and to collect necessary fees for said dated March 28, 1974 or its successors in interests, and to enter into
activities and projects: Provided, That the fees collected for fisheries may be agreements with municipalities, governmental agencies and corporations and
shared between the Authority and other government agencies and political the private sector to supply, distribute and market such water;
sub-divisions in such proportion as may be determined by the President of
the Philippine upon recommendation of the Authority's Board: Provided, 16) Undertake studies on the improvement and maintenance of the desirable
lake water quality of Laguna de Bay, and in pursuance thereof, prepare a
further, That the Authority's Board may determine new areas of fisheries
water quality management program on a continuing basis, subject to the
development or activities which it may place under the supervision of the approval of the NEDA, which the Authority shall carry out with the
Bureau of Fisheries and Aquatic taking into account the overall assistance and support of all national and local government units involved in
development plans and programs for Laguna de Bay and related bodies of water quality management.
water: Provided, finally, That the Authority shall subject to the approval of
the President of the Philippines promulgate such rules and regulations which
shall govern fisheries development activities in Laguna de Bay which shall
take into consideration among others the following: socioeconomic
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4. Make, alter or modify orders requiring the discontinuance of population CASE: PAB vs CA GT 93891 March 11, 1991
specifying the conditions and time within which such discontinuance must FACTS:
be accomplished.
Solar Textile Finishing Corporation was involved in bleaching, rinsing, and dyeing
5. Issue, renew, or deny permits, under such conditions as it may determine to textiles with wastewater being directly discharged into a canal leading to adjacent
be reasonable, for the prevention and abatement of pollution, for the Tullahan-Tinejeros River.
discharge of sewage, industrial waste, or for the installation or operation of
sewage works and industrial disposal system or parts thereof: Provided, Petitioner Board, an agency charged with the task of determining whether effluents of
however, that the Authority, by rules and regulations, may require a particular industrial establishments comply with or violate applicable anti-pollution
subdivisions, condominiums, hospitals, public buildings and other similar statutory and regulatory provisions have been remarkably forbearing, enforced the
human settlements to put up appropriate central sewerage system and applicable standards vis--vis Solar.
sewage treatment works, except that no permits shall be required of any new
sewage works or changes to or extensions of existing works that discharge Petitioner issued an ex parte order directing Solar to immediately cease and desist
only domestic or sanitary wastes from a single residential building provided from utilizing its wastewater pollution source installations. Solar then went to the
with septic tanks or their equivalent. The Authority may impose reasonable RTC on petitioner for certiorari. Case was, however, dismissed due to the following:
fees and charges for the issuance or renewal of all permits herein required.
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Appeal, not certiorari, is the proper remedy. corporations shall have authority to grant in municipal waters and impose rental fees
Boards subsequent order allowing Solar to operate temporarily rendered or charges thereof.
Solars petition moot and academic.
CA reversed the order of dismissal and declared the Writ of Execution null and void. Big fish pen operators took advantage of the occasion to establish fish pens and fish
It held that certiorari is the proper remedy since the order of petitioner would result cages to the dismay of LLDA. Implementation of separate, independent policies in
in great and irreparable damage to Solar. fish cages/fish pen operation and the INDISCRIMINATE grant of fish pen permits
by the lakeshore municipalities aggravated the current environmental problems and
Petitioner asked the Supreme Court to review CAs decision. It claimed that ex-parte ecological stress of Laguna Lake.
order with writ was issued in accordance with law. It claimed that under PD 984, Sec.
7 (a), it has legal authority to issue ex-parte orders to suspend the operations of an LLDA then served notice to general public that:
establishment where there is prima facie evidence that such establishment is
discharging wastewater, the pollution level exceeds the maximum permissible Fish pens, cages, and other aquaculture structures unregistered with LLDA
standards set by the Board. are declared illegal;
Those declared illegal shall be subject to demolition;
Respondents contention: No threat to life, public health safety or welfare. Owners of those declared illegal shall be criminally charged with violations
of provisions of RA No. 4850/PD 813.
ISSUE: Whether the CA erred in reversing the Trial Courts decision.
A month later, LLDA sent notices advising the owner of the illegally constructed fish
HELD: pens/cages and aqua structures, advising them to dismantle their respective structures
otherwise demolition shall be effected.
Yes. The Board was acting within its powers in issuing the cease and desist orders as
per PD 9874, Sec. 7 (a). It is not essential that an immediate threat to life, public ISSUE: Which agency of the governmentLLDA or towns/municipalities
health, safety exists before an ex-parte cease and desist order may be issued. It is comprising the regionshould exercise jurisdiction over the Laguna Lake and its
enough if the Board finds that the wastes discharged do exceed the allowable surrounding district insofar as issuance of permits for fishing privileges is concerned.
standards set by the Board.
HELD:
CASE: LLDA vs CA GR 120865-71 December 7, 1995 LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927, specifically provide that the
FACTS: LLDA shall have exclusive jurisdiction to issue permits for the use of all surface water
for any projects or activities affecting the region. On the other hand, RA No. 7610
Laguna Lake Development Authority (LLDA) was created through RA No. 4850 in has granted municipalities exclusive authority to grant fishery privilege on municipal
order to execute the policy of towards environmental protection and sustainable waters.
development so as to accelerate the development and balanced growth of the Laguna
Lake Area and the surrounding provinces and towns. Provisions of RA No. 7610 do not necessarily repeal the laws creating LLDA. Where
theres conflict between general and special laws, the latter should prevail as it evinces
EO 927 further defined and enlarged the powers and functions of LLDA and legislative intent more clearly than general statute. Special law cannot be repealed,
enumerated towns, cities, and provinces encompassed by the term Laguna de Bay amended, or altered by a subsequent general law by mere implications.
Region.
Moreover, the powers of LLDA , for the purpose of effectively rehabilitating and
Upon the implementation of RA No. 7160 (Local Government Code), the monitoring Laguna de Bay, partakes of the nature of police power, most pervasive,
municipalities assumed EXCLUSIVE JURISDICTION and authority to issue fishing least limitable, most demanding of all state powers.
privileges within their municipal waters since Sec. 149 thereof provides that Municipal
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official indifference of people and institutions that could have otherwise made a where its state will adversely affect its best usage. This is not conditional on
difference. occurrence of any pollution incident.
Respondents Concerned Residents filed a complaint before the RTC in Imus, Cavite (2) YES. SC held that cleaning up and rehabilitating Manila Bay is ministerial in
against several government agencies, among them the petitioners, for the cleanup, nature and can be compelled by mandamus. Sec. 3 (c) of RA No. 7924 (law
rehabilitation, and protection of Manila Bay and to submit to RTC a concerted creating MMDA) is mandated to put up an adequate and appropriate
concrete plan of action for the purpose. sanitary landfill and solid waste and liquid disposal as well as alternative
garbage disposal systems. This is set up by law (enjoined as a matter of
The complaint alleged the following: statutory obligations).
Water quality had fallen way below the allowable standards set by law (as
confirmed by the DENR). Given the sample water collected, the amount of PHILIPPINE ENVIRONMENT POLICY PD 1151
fecal coliform content is beyond the standard. Purpose: To protect the right of the people to a healthy environment through a
requirement of environmental impact assessments and statements
The continued neglect of officials violates several laws
POLICY
With the reckless, accumulated, and ongoing acts, omission, commission of
defendants resulting in clear and present danger to public health and in the depletion It is hereby declared a continuing policy of the State (a) to create, develop,
and contamination of the marine life of Manila Bay, the RTC held petitioner liable maintain and improve conditions under which man and nature can thrive in
and ordered to clean up and rehabilitate Manila Bay and to restore its water quality to productive and enjoyable harmony with each other, (b) to fulfill the social,
class B waters fit for swimming, skin-diving, and other forms of contact recreation. economic and other requirements of present and future generations of
Filipinos, and (c) to insure the attainment of an environmental quality that is
Petitioners appealed before the CA contending that the provisions of Environmental conducive to a life of dignity and well-being.
Code (PD 1152) relate only to the cleaning of specific pollution incidents and do not
cover cleaning in general. They also asserted that cleaning of the Manila Bay is not a GOAL: (pertains to sustainable development/wise use concept during this time was
ministerial act which can be compelled by mandamus. not yet recognized or known)
recognize, discharge, and fulfil the responsibilities of each generation as
ISSUES: trustee and guardian of the environment for the succeeding generations,
(b) assure the people of a safe, decent, helpful, productive, and aesthetic
(1) Whether Sec. 17 and 20 f PD 1152 under the headings, Upgrading of Water environment,
Quality and Clean-Up Operations, envisage a clean-up in general or are they (c) encourage the widest exploitation of the environment without degrading
limited only to the cleanup of specific pollution incidents? it, or endangering human life, health, and safety or cr4eating conditions
(2) Can petitioner be compelled by mandamus to clean up and rehabilitate adverse to agriculture, commerce, and industry,
Manila Bay? (d) preserve important historic and cultural aspects of the Philippine
heritage,
HELD: (e) attain a rational and orderly balance between population and resource
(1) NO. Sec. 17 does not state that government agencies concerned ought to use,
confine themselves to containment, removal, and cleaning operations when (f) improve the utilization of renewable and non-renewable resources.
specific pollution incident occurs.
RIGHT TO A HEALTHY ENVIRONMENT
On the contrary, Sec. 17 requires them to act even in the absence of specific
pollution incident, as long as the water quality has deteriorated to a degree the government recognizes the right of the people to a healthful
environment. It shall be the duty and responsibility of each individual to
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
contribute to the preservation and enhancement of the Philippine guide and encourage appropriate government agencies in establishing sound,
environment. efficient, comprehensive and effective wastes management covering both
solid and liquid wastes
ENVIRONMENTAL IMPACT STATEMENTS
Pursuant to the above enunciated policies and goals, all agencies and NOTE: For PD 1152, usually, Ambatol gives the student reciting much leeway on
instrumentalities of the national government, including all government choosing a specific title he/she wants to recite on. For example: Title II: Water Quality
owned and controlled corporations as well as private corporations and firms Management. So, make sure to read one specific title thoroughly.
and entities shall prepare, file, and include in every action, project, or
undertaking which significantly affects the quality of the environment a OTHER TOPICS:
detailed statement 1. Air Quality Management
2. Water Quality Management
CLASS NOTES: 3. Land Use Management (land use, industrial lands,)
Policy direction / guide 4. Nature Resources Management and Conservation (fisheries and aquatic resources,
wildlife, forestry and soil conservation, flood control and natural calamities,
energy development, conservation and utilization of surface ground waters,
PHILIPPINE ENVIRONMENTAL CODE PD 1152 mineral resources)
Purpose: To achieve and maintain such levels of air quality as to protect public 5. Waste Management
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 MISCELLANEOUS PROVISIONS
the country
Section 52. Population-Environment Balance
Features: Section 53. Environmental Education. The Department of Education and
Culture shall integrate subjects on environmental education in its school
(1) Provided a comprehensive program of environmental protection and curricula at all levels
management. The Code established specific environment management Section 55. Monitoring and Dissemination of Environmental Information of Foreign
policies and prescribes environmental quality standards. Origin. The Council shall keep itself informed of current environmental
developments by obtaining information and literature from foreign sources
(2) To achieve and maintain such levels of air quality as to protect public health Section 56. Incentives. To operate the installation and the utilization of
and to prevent to the greatest extent practicable, injury and/or damage to pollution control facilities (according to Amb. Tolentino some of the
plant and animal life and property, and promote the social and economic provision of this section was stopped since it was abused it became a
development of the country controversial issue)
Section 57. Financial Assistance/Grant.
(3) Prescribe management guidelines to protect and improve water quality Section 58. Participation of Local Government Units and Private Individuals. It shall
through: classification of Philippine waters, establishment of water quality be the responsibility of local government units as well as private individuals
standards, protection and improvement of the quality of the Philippine to actively participate in the environmental management and protection
water resources, and responsibilities for surveillance and mitigation of programs of the government.
pollution incidents Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be
the duty of every person to help preserve the historic and cultural resources
(4) Set guidelines for waste management with a view to ensuring its of the country such as sites, structures, artifacts, documents, objects,
effectiveness, encourage, promote and stimulate technological, educational, memorials and priceless trees.
economic and social efforts to prevent environmental damage and
unnecessary loss of valuable resources of the nation through recovery, CLASS NOTES:
recycling and re-use of wastes and wastes products, and provide measures to This law sets the standards for quality
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It also incite cooperation and coordination (not only government offices but
everyone) WHO DECLARES THE CRITICAL AREAS
NPCC NPEC Reorganized to become DENR (NPCC and NPEX is Section 4. Presidential Proclamation of Environmentally Critical Areas and
under the EMB) Projects. - The President of the Philippines may, on his own initiative or
upon recommendation of the National Environmental Protection Council,
by proclamation declare certain projects, undertakings or areas in the
ESTABLISHING AN ENVIRONMENTAL IMPACT country as environmentally critical. No person, partnership or corporation
STATEMENT PD1586 shall undertake or operate any such declared environmentally critical project
or area without first securing an Environmental Compliance Certificate
OVERVIEW: it is the study of the environment WITH or WITHOUT the chemical issued by the President or his duly authorized representative.
project
Law establishing an environmental impact statement system, including other FEATURES:
environmental management-related measures. Declared environmentally critical projects and areas are required to obtain
an Environmental Compliance Certificate before operation
This is a PLANNING/MANAGEMENT tool
EIA procedure Environmentally Critical Projects includes
1. heavy industries,
EIS document passed to the Department 2. resource extractive industries,
3. infrastructure projects,
Purpose: To attain and maintain a rational and orderly balance between socio- 4. golf course projects
economic growth and environmental protection
This established an ENVIRONMENTAL IMPACT STATEMENT Characteristics of Environmentally Critical Areas:
SYSTEM founded and based on environmental impact statement, required under
Section 4 of P.D. No. 1151, of all agencies, instrumentalities of national government, Areas declared by law as natural parks, watershed reserves, wildlife reserves,
including GOCCs, as well as private corporations and entities for every proposed and sanctuaries
project/undertaking which significantly affect the quality of the environment. Areas set aside as aesthetic, potential tourist spots
Areas which constitute the habitat for any endangered or threatened species
Section 4 of P.D. No. 1151 provides: of indigenous Philippine wildlife (flora and fauna)
Areas of unique historical, archeological, geological or scientific interests
Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and Areas which are traditionally occupied by cultural communities or tribes
goals, all agencies and instrumentalities of the national government, including Areas frequently visited and/or hard hit by natural calamities (geologic
government-owned or controlled corporations, as well as private corporations firms hazards, floods, typhoons, volcanic activity, etc.)
and entities shall prepare, file and include in every action, project or undertaking Areas of critical slope
which significantly affects the quality of the environment a detail statement on: Areas classified as prime agricultural lands
Recharged areas of aquifers
(a) The environmental impact of the proposed action, project or undertaking Waterbodies
(b) Any adverse environmental effect which cannot be avoided should the proposal Mangrove areas
be implemented; Coral reefs
(c) Alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the environment are Violators shall be punished by the suspension of cancellation of his/its
consistent with the maintenance and enhancement of the long-term productivity of certificate and or fine for each violation
the same; and
(e) Whenever a proposal involves the use of depletable or non-renewable resources, a
finding must be made that such use and commitment are warranted.
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Management Bureau (EMB-Manila) that has jurisdiction on the matter. In DENR-Environmental Management Bureau (EMB). Attached is a certificate from
other words, a project that is categorized as an ECP falls under the authority Planning & Development Office that the project is not located in a critical area.
of the EMB and must follow the steps identified with the preparation of an
EIS. EMB denied application. It found:
The State recognizes that the responsibility of cleaning the habitat and 6. Department of Energy (DOE) co-chaired with the DENR, in
environment is primarily area-based. The State also recognizes the principle consultation with the Bureau of Product Standards of DTI, DOST
that "polluters must pay". with the fuel and automotive industries, academe and the consumers
shall set specifications for all types of fuel and fuel-related products, to
Finally, the State recognizes that a clean and healthy environment is for the improve fuel composition for increased efficiency and reduced emissions.
good of all and should therefore be the concern of all.
7. Philippine Atmospheric, Geophysical and astronomical Service
WHAT? outlines the governments measures to REDUCE air pollution and Administration (PAGASA) shall regularly monitor meteorological
INCORPORATE environmental protection into its development plans. factors affecting environmental conditions including ozone depletion and
greenhouse gases.
It mandates the various government agencies to do the following in support of the
Act: 8. Philippine Nuclear Research Institute (PNRI) with the DENR shall
regulate all projects which will involve the use of atomic and/or nuclear
1. Department of Environment and Natural Resources (DENR) act as energy, and will entail relaease of radioactive substances into the
overall of the lead agency; prepare a National Air Quality Status Report environment, incident to the establishment or possession of nuclear energy
which shall be used as a basis in formulating the Integrated Air Quality facilities and radioactive materials, handling, transport , production , storage
Improvement Framework; issue rules and regulations in the implementation and use of radioactive materials.
of the Act.
9. Department of Education (DepEd), Commission on Higher
2. Department of Transportation and Communication (DOTC) in Education (CHED) , Department of Interior and Local Governments
coordination with the DENR in case of industrial dischargers and the (DILG) and the Philippine Information Agency ( PIA) shall
DOTC, in case of motor vehicles, shall, based on environmental techniques, encourage participation of government agencies and the private sector
design, impose on and collect regular emission fees from all said dischargers including NGOs, POs, academe, environmental groups and other private
as part of the emission permitting system or vehicle registration renewal entities in a multi-sectoral campaign.
system, as the case may be; implement the emission standards for motor
vehicles PROHIBITED ACTS
1. BURNING
3. Department of Science and Technology (DOST) with the DENR, a. Burning of Municipal Waste
other agencies, private sector , the academe, non-government organizations b. Burning of Hazardous Substances and Wastes
and peoples organization, shall establish a National Research Development c. Burning of Bio-Medical Waste (Incineration)
Program for the prevention and control of air pollution. 2. SMOKING
4. Department of Trade and Industry (DTI) , DOST Local Government a. Smoking in Public Places
Units (LGUs) - together with the DENR shall develop an action plan for 3. FUEL RELATED ACTS
the control and management of air pollution from motor vehicles with the a. Manufacture, Importation, Sale, Offer for Sale, Introduction into
Integrated Air Quality Management Framework. Commerce, Conveyance or other Disposition of Leaded Gasoline
b. Manufacture, Processing, Trade of Fuel or Fuel Additive Without
5. DOTC, DTI and DENR - shall establish the procedures for the inspection Prior Registration of the Fuel or Fuel Additive with the DOE
of motor vehicles and the testing of their emissions for the purpose of c. Misfuelling
determining the concentration and/or rate of emission of pollutants
discharged by the said sources. COVERED BY CLEAN AIR ACT
A. POLLUTION FROM MOTOR VEHICLES- refers to vehicle like cars, trucks,
buses, jeepneys, tricycles, motorcycles and vans.
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B. POLLUTION FROM STATIONARY SOURCES- refers industrial firms and DA shall be primarily responsible for the prevention and control of water
smokestacks of power plants, hotels and other establishments. pollution for the development, management and conservation of the
With respect to any trade, industry, process and fuel burning equipment or fisheries and aquatic resources;
industrial plant emitting air pollutants, the concentration at the point of emission shall
not exceed the following limits: (4) DOH shall be primarily responsible for the promulgation, revision and
All stationary sources must comply with the National Emission Standards enforcement of drinking water quality standards;
for Source Specific Air Pollutants (NESSAP) and National Ambient Air
Quality Standards (NAAQS) and must secure their permit to operate, prior (5) DOST, in coordination with the Department and other concerned agencies,
to operation. shall prepare a program for the evaluation, verification, development and
C. POLLUTION FROM OTHER SOURCES- refers to sources of emission public dissemination of pollution prevention and cleaner production
other than the above. These include smoking, burning of garbage, and dust from technologies; and
construction, unpaved grounds, etc.
(6) Department of Education (DepEd), Commission Higher Education
CLEAN WATER ACT RA 9279 2004 (CHED), Department of the Interior and Local Government (DILG) and
-aims to protect the countrys water bodies from pollution from land-based sources, Philippine Information Agency (PIA) shall assist and coordinate with the
industries and commercial establishments, agriculture and community (household Department in, the preparation and implementation of a comprehensive
activities). program pursuant to the objectives of this Act.
Coverage of the Act - This Act shall apply to water quality management in all
water bodies: Provided, That it shall primarily apply to the abatement and control of The Act also outlines the beneficial use of water (as follows):
pollution from land based sources: Provided, further, That the water quality standards
and regulations and the civil liability and penal provisions under this Act shall be Beneficial use - means the use of the environment or any element or segment
enforced irrespective of sources of pollution. 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
It mandates the various government agencies to do the following in support of the generation, fisheries, livestock raising, industrial, recreational and other purposes.
Act:
1. Use of water for domestic purposes - means the utilization of water for drinking,
(1) Philippine Coast Guard in coordination with DA and the Department shall washing, bathing, cooking or other household needs, home gardens and watering of
enforce for the enforcement of water quality standards in marine waters, set lawns or domestic animals;
pursuant to this Act, specifically from offshore sources;
2. Use of water for municipal purposes - means the utilization of water for
(2) DPWH through its attached agencies, such as the MWSS, LWUA, and supplying water requirements of the community;
including other urban water utilities for the provision or sewerage and
sanitation facilities and the efficient and safe collection, treatment and 3. Use of water for irrigation - means the utilization of water for producing
disposal of sewage within their area of jurisdiction; agricultural crops;
(3) DA, shall coordinate with the Department, in the formulation of guidelines 4. Use of water for power generation - means the utilization of water for producing
for the re-use of wastewater for irrigation and other agricultural uses and for electrical or mechanical power;
the prevention, control and abatement of pollution from agricultural and
aquaculture activities: Provided, That discharges coming from non-point 5. Use of water for fisheries - means the utilization of water for the propagation of
sources be categorized and further defined pursuant to this Act: Provided, culture of fish as a commercial enterprise;
further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
6. Use of water for livestock raising - means the utilization of water for large herds substances and mixtures in the Philippines, as well as the entry even in transit, or
or flocks of animals raised as a commercial enterprise; storage and disposal of hazardous and nuclear wastes are regulated.
7. Use of water for industrial purposes - means the utilization of water in factories, The Department of Environment and Natural Resources shall be the implementing
industrial plants and mines, including the use of water as an ingredient of a finished agency and shall be assisted by the Inter-Agency Advisory Council
product; and
It provides for the regulation of all chemical substances that may pose threat to public
8. Use of water for recreational purposes - means the utilization of water for health and the environment through import, manufacture, sale, use, distribution, and
swimming pools, bath houses, boating, water skiing, golf courses and other similar disposal as well as the regulation of all hazardous wastes from generation, transport,
facilities in resorts and other places of recreation. storage, re-use/recycling, treatment and disposal [and to prevent entry of nuclear
wastes into the country FOR WHATEVER PURPOSE.]
ECOLOGICAL SOLID WASTE ACT RA 9003
This law aims for the reduction of solid waste through source reduction and waste Registration of the following is required to ensure that industrial economic growth is
minimization measures, treatment and disposal of solid waste in accordance with achieved in an environmentally sound manner to effectively manage hazardous wastes
ecologically sustainable development principles. in order to minimize human and environmental impacts cause by industrial activities:
It also aims to ensure the proper segregation, collection, transport, storage, treatment, Hazardous wastes generators
and disposal of solid waste through the formulation and adoption of the best Hazardous wastes treater
environmental practice in ecological waste management EXCLUDING Hazardous wastes transporter
INCINERATION [burning of waste].
Violators shall be subject to fines, imprisonment, dismissal from office, confiscation
R.A. No. 9003 considers waste as a resource that can be recovered, emphasizing and forfeiture chemical substances and mixtures in favor of the government,
RECYCLING, REUSE, and COMPOSTING as methods to minimize waste deportation and barred from entry into the Philippines in case of foreigner
problems.
APPROACH:
The Act also gives strong emphasis on the role of municipal and LGUs providing for Womb to Tomb the law deals from the source of the waste up to the
the creation of solid waste management communities up to the barangay level. disposal
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Those to be produces in small quantities solely for experimental or research established by law, conventions or international agreements which the Philippine
and development purposes; Government is a signatory.
Chemical substances and mixtures that will not present an unreasonable risk
to health and the environment; and Buffer zones - are identified areas outside the boundaries of and immediately
Chemical substances and mixtures that exists temporarily and which have no adjacent to designated protected areas pursuant to Section 8 that need special
human or environmental exposure such as those which exist as a result of development control in order to avoid or minimize harm to the protected area;
chemical reactions in the manufacture or processing of a mixture of another
chemical substance Examples : Mayon Volcano, Caramoan National Park, Taon Strait
It establishes a National Integrated Protected Areas System (NIPAS) which will Ancestral domain and other customary rights and interests of indigenous
designate, whether terrestrial, wetland or marine, protected areas, areas that "shall communities shall be accorded due recognition in protected areas.
Moreover, the preservation of ancestral domain and customary rights within
encompass outstanding remarkable areas and biologically important public lands that
are habitats of rare and endangered species of plants and animals, biogeographic protected areas shall be a management objective.
zones and related ecosystems."
Indigenous Cultural Communities - Ancestral domain and other customary rights
Enlisting categories of protected areas are as follows: (1)Strict nature reserve; and interests of indigenous communities shall be accorded due recognition in
(2)Natural park; (3)Natural monument; (4)Wildlife sanctuary; (5)Protected landscapes protected areas. Moreover, the preservation of ancestral domain and customary rights
and seascapes; (6) Resource reserve; (7) Natural biotic areas; and, (8) Other categories within protected areas shall be a management objective.
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Tenured Migrants - Any person who has actually and continuously occupied an area Coverage area: 2,850 sq.km. (almost the entire Taon Strait)
for five (5) years prior to its designation as part of a protected area. As a tenured May 2005: M/S Veritas Searcher of JAPEX started the 751-km
migrant he shall be eligible to become a steward of a portion of land within the multi-channel sub-bottom profiling survey
multiple use management or buffer zone of the protected area, and from which he Nov.10, 2007: JAPEX started exploration drilling of 3,150m depth
may derive subsistence
MAJOR ISSUES:
CLASS NOTES: LOCUS STANDI OF DOLPHINS, ET AL.
Copied the categories laid down by the IUCN (International Union on VIOLATION OF PHIL. CONSTITUTION & INTERNATIONAL
Conservation of Nature) CONVENTIONS
Under the control and administration of the DENR NON-CORFORMANCE TO EIA LAW
Specifically under the Biodiversity Management Bureau (BMB) DOCTRINE ON TRANSCEDENTAL IMPORTANCE
BMB - Biodiversity Management Bureau (formerly PAWB) Applies if Petitioners fail in showing direct injury
Declares Protected Areas System originally was done by the President Allows ordinary citizens, members of Congress, and civic organizations to
but is now done by Congress prosecute actions involving the constitutionality or validity of laws,
regulations and rulings;
Due to far-reaching implications.
CASE: MARINE MAMMALS OF THE PROTECTED
SEASCAPE CANYON STRAIT VS SEC. ALMANZA, INTERNATIONAL INSTRUMENTS CONFERRING BENEFITS TO
DOLPHINS & WHALES:
SEC YAP (2008) United Nations Charter for Nature
PETITIONERS: Chapter 15, Agenda 21 at the United Nations Conference on Environment
Resident Marine Mammals of Taon Strait Protected Seascape, e.g. Toothed and Development1992
Whales, Dolphins, Porpoises & other cetacean species. Convention on Biological Diversity1979 Bonn Convention on Conservation
Legal Guardians: Gloria Estenzo Ramos and Rose-Liza Eisma of Migratory Species of Wild Animals
Osorio.President Arroyo, Unwilling Guardian
APPLICABILITY OF INTERNATIONAL LAWS IN THE PHILIPPINES:
RESPONDENTS: Doctrine of Incorporation: Sec. 2, Art. II, 1987 Philippine Constitution
Energy Secretary Reyes, Environment Secretary Atienza Santos III vs. Northwest Orient Airlines, 210 SCRA 261 [1992]:
Japan Petroleum Exploration Co., Ltd. Convention which is a Treaty commitment voluntarily assumed by the
Philippine government has the force and effect of law in this country.
BATTLEGROUND: Tanada vs. Angara (272 SCRA , 1997): In the event that a treaty obligation
Tanon Strait: conflicts with local legislation, such a state is bound to make in its
A narrow body of sea separating the Philippine Islands of Negros legislations such modifications as may be necessary to ensure the fulfillment
and Cebu of the obligations undertaken.
It is home to 11 out of the 24 known cetacean (marine mammal)
species VIOLATION OF NIPAS ACT AND EIA LAW
Declared as Protected Seascape in 1998Estimated Oil Reserve: 1B Declared environmentally critical area by Former Pres. Marcos
barrels; recoverable: 100 million barrels an environmental compliance certificate (ECC) must be secured after the
project undergoes an environmental impact assessment (EIA) to determine
THE PROBLEM CREATED BY THE PHILIPPINE GOVERNMENT: the effects of the oil exploration and drilling activities in the Strait.
Phil. Govt awarded Service Contract No. 46 to JAPEX (Dec. 21,
2004)
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WILDLIFE RESOURCES CONSERVATION ACT RA ILLEGAL ACTS - Section 27. Illegal Acts. - Unless otherwise allowed in accordance
with this Act, it shall be unlawful for any person to willfully and knowingly exploit
9147 wildlife resources and their habitats, or undertake the following acts;
This Act calls for the CONSERVATION of the countrys wildlife resources and their (a) killing and destroying wildlife species, except in the following instances;
habitats for sustainability as a policy of the State. (i) when it is done as part of the religious rituals of established tribal groups
or indigenous cultural communities;
Among its features are: (ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the
Guidelines on access and benefits sharing wildlife;
Quota for collection of specimens (iv) when it is done to prevent an imminent danger to the life or limb of a
Ecological and rehabilitation bond to be posted by researchers. human being; and
Monitoring system for bioprospecting. [NOTE: Check the definition of (v) when the wildlife is killed or destroyed after it has been used in
terms as provided by the law.] authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
Objectives: (a) Protection/conservation of species and their habitats, (b) Regulation species;
in the collection and trade of wildlife, (c) to initiate and support scientific studies on (c) effecting any of the following acts in critical habitat(s)
conservation of biodiversity. (i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
JURISDICTION (iii) mineral exploration and/or extraction;
Section 4. Jurisdiction of the Department of Environment and Natural Resources and (iv) burning;
the Department of Agriculture. The Department of Environment and Natural (v) logging; and
Resources (DENR) shall have jurisdiction over all terrestrial plant and (vi) quarrying
animal species, all turtles and tortoises and wetland species, including but (d) introduction, reintroduction or restocking of wildlife resources;
not limited to crocodiles, waterbirds and all amphibians and dugong. The (e) trading of wildlife;
Department of Agriculture (DA) shall have jurisdiction over all declared (f) collecting, hunting or possessing wildlife, their by-products and derivatives;
aquatic critical habitats, all aquatic resources including but not limited to all (g) gathering or destroying of active nests, nest trees, host plants and the like;
fishes, aquatic plants, invertebrates and all marine mammals, except dugong. (h) maltreating and/or inflicting other injuries not covered by the preceding
The secretaries of the DENR and the DA shall review, and by joint paragraph; and
administrative order, revise and regularly update the list of species under (i) transporting of wildlife.
their respective jurisdiction. In the Province of Palawan, jurisdiction herein
conferred is vested to the Palawan Council for Sustainable Development LIST/CATEGORY
pursuant to Republic Act No. 7611. Sec. 5(s) Threatened Species: General term for species/subspecies which
All activities shall be authorized by the Secretary upon proper evaluation of are critically endangered, endangered, vulnerable or other accepted
best available information or scientific data showing that the activity is, or categories of wildlife whose population is at risk of extinction
for a purpose, not detrimental to the survival of the species or subspecies Sec. 5(f) Critically Endangered Species: Facing extremely high risk of
involved and/or their habitat. extinction in the wild in the immediate future
Sec. 5(h) Endangered Species: Not critically endangered but survival in the
DEFINITION OF TERMS wild is unlikely if the causal factors continue operating
(a) "Bioprospecting" means the research, collection and utilization of Sec. 5(w) Vulnerable Species: Not critically endangered or endangered but
biological and genetic resources for purposes of applying the knowledge is under threat from adverse factors throughout their range and likely to
derived there from solely for commercial purposes;
become endangered in the near future
24
AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
Open to mining:
FISHERIES CODE RA 8550 Public and private lands with minerals
Objectives: Timberlands and forests with minerals
Not open to mining:
Conservation, protection and sustained management of the countrys fishery Military and government reservations
and aquatic resources; Areas near or under buildings, cemeteries, highways, bridges,
Poverty alleviation and the provision of supplementary livelihood among reservoirs, roads, plantations
municipal fisherfolk; Areas covered by valid and existing mining rights
Improvement of productivity of aquaculture within ecological limits; Those expressly prohibited by law
Optimal utilization of offshore and deep-sea resources; and Areas covered by small-scale mining operations
Upgrading of post-harvest technology. Virgin forests, watershed reserves, mangroves, national parks, areas
covered under NIPAS Law
Chapter 1 declares the policy of the State with respect to fisheries and contains a large
definitions section. It is a declared policy to limit access to the fishery and aquatic ANCESTRAL LANDS AND ICC AREAS
resources of the Philippines for the exclusive use and enjoyment of Filipino citizens. No mineral agreements, FTAA and mining permits shall be granted in
Another principle of policy is the protection of municipal fishermen. Fishery and ancestral lands/domains.
aquatic resources shall be managed in a manner consistent with the concept of A royalty payment shall be negotiated which shall not be less than 1% of the
integrated coastal area management. Gross Output of the mining operations in the area.
Representation in the Multi-partite Monitoring Committee.
Chapter II contains the main body of rules relative to the management and
conservation of fisheries and to aquaculture. Fisheries are classified in municipal SOCIAL AND COMMUNITY DEVELOPMENT AND RESEARCH AND
fisheries, i.e. fishing in municipal waters, and commercial fishing. Provisions of the DEVELOPMENT
Chapter also regulate post-harvest facilities, activities and trade. Provide for the mandatory Filipinization program, technology transfer, and
the training and priority employment of local residents.
The Department of Fisheries may designate areas in Philippine waters beyond 15
kilometres of the shoreline as fishery reservation or fish refuges and sanctuaries in ENVIRONMENTAL AND SAFETY CONCERNS
bays, foreshore lands, continental shelf or any fishing ground to be set aside for the Mandatory allocation of an approximately 10% of the initial capital
cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. expenditures of the mining project for environment-related activities.
Remaining Chapters deal with fisheries research and development (V), prescribe Mandatory annual allocation of 3-5% of the direct mining and milling costs
penalties and offences (VI), and contain general provisions (VII). to implement an Annual Environmental Protection and Enhancement
Program.
MINERAL RESOURCES CONSERVATION ACT RA Mandatory establishment of a MINE REHABILITATION FUND (MRF).
Mandatory establishment of the Contingent Liability and Rehabilitation
9942 Fund (CLRF).
-mandates the State to manage the countrys mineral resources and to control and Conduct of Environmental Work Program (EWP) during the exploration
supervise the exploration, development, and utilization of mineral resources. stage and an Environmental Protection and Enhancement Program (EPEP)
during the development and operations stage.
The law reiterates the constitutional provision that only the government may grant
mining rights to individuals and corporations. It also provides for areas open to
mining operations subject to any existing rights on reservation and prior agreements PEOPLES SMALL SCALE MINING ACT RA 7076
of all parties. Republic Act No. 7076 (1991), otherwise known as the Peoples Small-Scale Mining
Act defines small-scale mining as minimum activities which rely heavily on manual
25
AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
labor using simple implements and methods, and which do not use explosives or Section 13. Court may after hearing punish the respondent who refuses or
heavy mining equipment. The main purpose of the law is: (1) To effect an orderly and unduly delays the filing of a return, or who makes a false return, or any
systematic disposition of small-scale mining areas in the country; (2) To regulate the person who disobeys or resists a lawful process or order of the court for
small-scale mining industry with the view to encourage their growth and productivity; indirect contempt under Rule 71 of the Rules of Court.
and (3) To provide technical, financial and marketing assistance and efficient Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who
collection of government revenues. Through this law, the harmful effects of the unduly delays or refuses to issue the writ after its allowance or a court officer
classic trade-off between development and environment could be minimized if not or deputized person who unduly delays or refuses to serve the same shall be
totally avoided. This law was authored by Senator Aquilino Pimentel Jr. punished by the court for contempt without prejudice to other civil, criminal
or administrative actions.
With Republic Act 7076 it allows small miners under this law to use only simple
equipments like pick and shovel in extracting gold and other precious metals in their RELIEFS
mining areas. In this age of modern technology, this law is making sure that the small a) Directing respondent to permanently cease and desist from committing
mining law should benefit the small miners and not only the big-time operators who acts or neglecting the performance of a duty in violation of environmental
are using the skills and sweat of small-scale miners to accumulate a fortune. laws resulting in environmental destruction or damage;
b) Directing the respondent public official, government agency, private
Under RA 7076, no ancestral land may be declared as a peoples small scale mining
person or entity to protect, preserve, rehabilitate or restore the environment;
area without the prior consent of the cultural communities concerned. This respects
the rights of the indigenous peoples to their ancestral lands which are fully guaranteed c) Directing the respondent public official, government agency, private
under existing laws. The law defines small miners as Filipino citizens who, person or entity to monitor strict compliance with the decision and orders of
individually or in tandem with others, voluntarily form a cooperative, duly licensed by the court;
the Department of Environment and Natural Resources, to engage in the extraction d) Directing the respondent public official, government agency, private
or removal of minerals or ore-bearing materials from the ground. person or entity to make periodic reports on the execution of the final
judgment; and
e) Such other reliefs which relate to the right of the right of the people to a
THE WRIT OF KALIKASAN (SPECIAL CIVIL balanced and healthful ecology or to the protection, preservation,
ACTION PART 3: RULE7) rehabilitation or restoration of the environment, except the award of damages
Nature of the Writ to individual petitioners.
REMEDY available to a natural or juridical person, entity authorized by law,
peoples organization, non-governmental organization, or any public interest THE WRIT OF CONTINUING MANDAMUS
group accredited by or registered with any government agency, on behalf of (SPECIAL CIVIL ACTION PART 3: 8)
persons whose constitutional right to a balanced and healthful ecology is SUBJECT MATTER
violated OR threatened with violation by an unlawful act or omission of a
The unlawful neglect in the performance of an act which the law
public official or employee, or private individual or entity involving
specifically enjoins as a duty resulting from an office, trust or station in
environmental damage of such magnitude as to prejudice the life, health or
connection with the enforcement or violation of an environmental law rule or
property of inhabitants in two or more cities or provinces.
regulation or a right therein
Where to File the Petition? The unlawful exclusion of another from the use or enjoyment of such right
The petition shall be filed with the Supreme Court or with any of the stations In both instances, there is no other plain, speedy and adequate remedy in the
of the Court of Appeals. ordinary course of law.
Contempt PARTIES
Only the person aggrieved may file the writ
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AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
The writ is directed against a government agency or instrumentality the First Philippine Industrial Corporation (FPIC) and First Gen Corporation (FGC)
to make a Verified Return within a non-extendible period of ten (10) days from
WHERE TO FILE PETITION receipt thereof pursuant to Section 8, Rule 7 of the Rules of Procedure for
The petition shall be filed with the Regional Trial Court exercising jurisdiction Environmental Cases. The TEPO enjoined FPIC and FGC to: (a) cease and desist
over the territory where the actionable neglect or omission occurred or with the from operating the pipeline until further orders; (b) check the structural
Court of Appeals or the Supreme Court. integrity of The whole span of the 117-kilometer pipeline while implementing
sufficient measures to prevent and avert any untoward incidents that may result from
JUDGMENT any leak of the pipeline; and (c) make a Report thereon within 60 days from receipt
If warranted, the court shall grant the privilege of the writ of continuing thereof.
mandamus requiring respondent to perform an act or series of acts until the
judgment is fully satisfied and to grant such other reliefs as may be warranted Consequent to the Court's issuance of the Writ of Kalikasan and the accompanying
resulting from the wrongful or illegal acts of the respondent. The court shall TEPO, FPIC ceased operations on both (a) the White Oil Pipeline System (WOPL
require the respondent to submit periodic reports detailing the progress and System), which extends 117 kilometers from Batangas to Pandacan Terminal in
execution of the judgment, and the court may, by itself or through a Manila and transports diesel, gasoline, jet fuel and kerosene; and (b) the Black Oil
commissioner or the appropriate government agency, evaluate and monitor Pipeline System (BOPL System), which extends 105 kilometers and transports
compliance. The petitioner may submit its comments or observations on the bunker fuel from Batangas to a depot in Sucat, Paraaque City.
execution of the judgment.
Through a letter dated May 9, 2011, Department of Energy (DOE) Undersecretary
Atty. Jose M. Layug, Jr. seeks clarification and confirmation on the coverage of the
CASE: WEST TOWER CONDO CORP VS FIRST Writ of Kalikasan and the accompanying TEPO, i.e., whether they cover both the
PHILIPPINE INDUSTRIAL CORP GR NO 194239 WOPL and the BOPL.
MAY 31, 2011 NOVEMBER 22, 2011
Sirs/Mesdames: It is apparent from the Petition for Issuance of a Writ of Kalikasan that what
petitioners sought to stop operating is the WOPL, where the leak was found,
Please take notice that the Court en banc issued a Resolution dated May 31, 2011 which reads as affecting the vicinity of West Tower Condominium. Only the WOPL is covered by
follows: the Writ of Kalikasan and the TEPO.
"G.R. No. 194239 (West Tower Condominium Corporation, on behalf of the Residents of West WHEREFORE, the Court hereby clarifies and confirms that what is covered by the
Tower Condo., and in representation of Barangay Bangkal, and others, including minors and November 19, 2010 Writ of Kalikasan and TEPO is only the WOPL System of
generations yet unborn v. First Philippine Industrial Corporation, First Gen Corporation and their respondent FPIC. Consequently, the FPIC can resume operation of its BOPL
respective Board of Directors and Officers, John Does and Richard Roes) System.
RESOLUTION II
I On March 29, 2011, the Court issued a Resolution setting the conduct of an ocular
inspection on April 15, 2011 of the While Oil Pipeline System (WOPL System).
On November 15, 2010, petitioners filed their Petition for Issuance of a Writ
of Kalikasan.[1] On April 15, 2011, the ocular inspection in the vicinity and basement of West Tower
Condominium was conducted in the presence of counsels of the parties, officers of
respondent First Philippine Industrial Corporation (FP1C), and residents of petitioner
On November 19, 2010, Chief Justice Renato C. Corona issued a Writ
West Tower Condominium, among others.
of Kalikasan[2] with a Temporary Environmental Protection Order (TEPO), requiring
27
AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
As required by the Court, representatives of the University of the Philippines- CASE:CITATION OF THE CASE BY MRS.
National Institute of Geological Sciences (UP-NIGS) and the UP Institute of Civil
Engineering attended the ocular inspection. After the ocular inspection, the Court CYNTHIA VILLAR -> LAS PINAS PARANAQUE
asked the representatives of UP-N1GS and the UP Institute of Civil Engineering for CRITICAL HABITAT COASTAL AREA VS
their opinions and recommendations through a report, among others, on (1) the issue
of whether to grant FPIC's urgent motion to temporarily lift the Temporary
PROPOSED 30 BILLION RECLAMATION PROJECT
Environmental Protection Order for a period of not more than 48 hours in order to (PENDING ON APPEAL)
conduct pressure controlled leak tests to check the structural integrity of the WOPL Cynthia Villar vs reclamation
which entails running a scraper pig to eliminate air gaps within the pipeline prior to (The Philippine Star) | Updated October 22, 2013 - 12:00am
the conduct of said test, as recommended by the international technical consultant of Senator Cynthia Villar has filed Senate Resolution 294 directing the Senate
the Department of Energy; and (2) testing procedures that may be used by the FPIC Committee on Government Corporations and Public Enterprises to conduct an
regarding the maintenance and checking of the structural integrity of the WOPL. inquiry, in aid of legislation, with the view to introduce reforms, revisions and
amendments in the mandate, powers and responsibilities of the Philippine
On May 10, 2011, the UP Institute of Civil Engineering sent a letter to the Court Reclamation Authority (PRA).
asking pertinent documents from FPIC relative to testing protocols undertaken by Villar calls attention to the governments National Reclamation Plan (NRP),
FPIC and other proposals, and that it be given one week within which to file its made by PRA, which will involve 102 projects or 38,000 hectares all over the
report after receipt of the documents. country. Thirty eight of these reclamation projects encompassing 26,234 hectares, will
be implemented in the Manila Bay area alone or 70 per cent of the entire
NRP. This creates another Metro Manila along Manila Bay, she said in her privilege
WHEREFORE, finding the request of the UP Institute of Civil Engineering to be
speech delivered before her peers last week.
meritorious, FPIC is hereby DIRECTED to submit documents regarding testing
Villar has an ongoing petition (backed by the signatures of 315,849 residents
protocols it has undertaken to check for leaks and the structural integrity of the
of Las Pinas) vs. a Manila Bay reclamation project. which would result in the
WOPL, the results thereof and other related proposals it has committed to undertake
reclamation of 635.14-hectares of Manila Bay, around the 175-hectare Las Pias-
to the UP Institute of: Civil Engineering within five (5) days from notice. The UP
Paraaque Critical Habitat and Ecotourism Area or LPPCHEA, which is a protected
Institute of Civil Engineering is granted one (1) week from receipt of the requested
area by virtue of Proclamation Nos. 1412 and 1412-A and included in the Ramsar list
documents from FPIC within which to file its report.
of wetlands of international importance, along with Tubbataha and the Palawan
Underground River. The said reclamation could affect 65 barangays in three cities (37
The Court further Resolved to in Bacoor, 11 in Paranaque, and 17 in Las Pinas.
Villar elevated her petition to the Supreme Court to challenge the ruling of
(a) NOTE the Manifestation with Motion dated April 14, 2011 filed by counsel for the Court of Appeals, which favored the planned reclamation project in Manila Bay.
petitioners, relative to the resolution of March 29, 2011; Besides the 38 reclamation projects in Manila, there are other big
reclamation projects planned in Cebu, Antique, Iloilo, Bohol, Negros Occidental,
(b) NOTE the Letter (Report) dated April 21, 2011 of Dr. Carlo A. Arcilla, Director, Aklan, Albay, Davao gulf, Leyte, and Cagayan.
National Institute of Geological Sciences, College of Science University of the Villar questions whether there was public consultation about the National
Philippines, Diliman, Quezon City, in compliance with the resolution of March 29, Reclamation Plan, how the projects under NRP were approved, and if environmental
2011; and risks had been taken into consideration.
From the outset, this is a fight reminiscent of David and Goliath of a
legislator and communities vs. Big Business who wants to reclaim big portions of
(c) NOTE the Letter dated May 24, 2011 of Atty. Justin Christopher C. Mendoza of
Manila Bay and other coastal areas in the country and convert them to huge, profit-
Poblador Bautista & Reyes Law Offices, counsel for First Philippine Industrial
making enterprises.
Corporation, and GRANT his request for a copy of Dr. Carlo Arcilla's April 21, 2011
The idea of new cities rising from the sea seems nice and compelling, but a
Report filed in compliance with the resolution of March 29, 2011."
serious study of Senator Villars resolution makes us rethink our position.
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AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
Villar cited the damage rendered by reclamation projects on multiple Any land reclamation, regardless of who initiates it (i.e. PRA, private sector,
ecosystems, such as mangroves, sea grass, coral reefs and intertidal zones and LGU), is considered unclassified public land and therefore part of the public
depletion of fish stocks. Also, scientists have declared the subsiding of Manila Bay domain, which is now under the DENR, Villar said.
land due to reclamation. Villar asks, why reclaim in the first place? Why not develop the blighted
She cited a Japan International Cooperation Agency (JICA) study which said areas of the metropolis instead? The amount to be used to reclaim instead of
that Metro Manila is overdue to experience a catastrophic magnitude of 7.2 destroying ecosystems and driving reclaimed lands to sell for sky high prices, could
earthquake and the coastal areas to suffer the most due to liquefaction (the reclaimed be used for inclusive development and urban renewal of Metro Manila.
land reverts to a liquid state).
The question is, who gives the final go-signal for reclamation? The August 28, 2013
Philippine Reclamation Authority, which she said, has a questionable legal basis. (http://www.senate.gov.ph/press_release/2013/0828_villar1.asp)
The PRA was established on February 4, 1977 under President Marcos, to Villar to Elevate Petition vs Reclamation of Manila Bay to the Supreme Court
provide a coordinated, economical and efficient administration of lands, especially After Court of Appeals junked her motion for reconsideration
reclaimed lands, that belong to, are managed and/or operated by the government, Villar filed a petition for Writ of Kalikasan on March 16 against the Las Pias-
with the object of maximizing their utilization and hastening their development Paraaque Coastal Bay project, which the Supreme Court granted on April 10 last
consistent with the public interest. Executive Order no 525 issued on Feb. 14, 1979, year. Respondents in Villar's petition are ALLTECH Contractors , Inc. , the
provides that all reclamation projects shall be approved by the President upon the Philippine Reclamation Authority (PRA), Department of Environment and Natural
recommendation of PRA. Resources (DENR), Environmental Management Bureau (EMB) and the cities of Las
But PRA was given tremendous powers when President Gloria Macapagal-Arroyo Pinas, Paranaque and Bacoor.
issued Executive Order 380 on Oct. 26, transforming PEA into the Philippine Villar's petition submitted to the SC was supported by the signatures of 315,849
Reclamation Authority, and, on June 24, 2006, issued EO 543, delegating to PRA the Las Pias residents who signified their opposition to the project. She also attached in
power of the President to approve reclamation projects. her petition the findings of a hydrological services consultant to bolster her claim of
Subsequently, on Feb. 25, 2001, the PRA Board of Directors approved the massive flooding with the reclamation project.
National Reclamation Plan under PRA Board Resolution No. 4161 covering a total of In the petition, it was shown that the planned 635.14-hectare Manila Bay
102 reclamation projects over a total area of 38,272 hectares within Manila Bay, reclamation project that is poised to affect the LPPCHEA, which had been recently
Visayas, Mindanao and other locations. included on the Ramsar List of Wetlands of International Importance.
PRAs NRP and the multiple issues attached to reclamation have gained so LPPCHEA serves as a sanctuary to migratory bird species from as far as Siberia.
much alarm from different sectors, Villar said. In a Peoples Summit held in October According to the Wild Bird Club of the Philippines, the entire Metro Manila is host to
2012 attended by experts from relevant fields, a call was made for a moratorium on 150 species of birds, 72 of which are found at LPPCHEA. LPPCHEA is the only bird
reclamation projects under the NRP. sanctuary located in an urban setting. Because of its biodiversity, LPPCHEA was
PRAs NRP would result in the loss of one-tenth of our coastal and marine declared as a critical habitat in 2007 by Proclamation Nos. 1412 and 1412-A.
habitats, a scientist reported to Villar. The reclamation projects could potentially Ramsar Convention cited on its website that LPPCHEA "faces threats" such as
translate to a loss of value of nearly P30 billion per year in seagrass and ecosystems "ongoing land reclamation projects and mangrove cutting", and "waste from nearby
alone. cities (that) accumulates along the coast"
Villar cited the grandmother of all scams the PEA-AMARI deal , as a
basis for a change in PRA policies. The deal was signed April 25, 1995, which allowed
AMARI, a private corporation to develop the three reclaimed islands known as the
Freedom Islands along the Las Pinas-Paraaque portion of Manila Bay and ASEAN ON Environment Law
includes the reclamation of additional hectares of submerged areas surrounding the ASEAN (WHAT IS IT?)
islands. Association of Southeast Asian Nations (August 8, 1967 - Bangkok, Thailand)
Upon investigation in aid of legislation, the Senate Blue Ribbon and the Member Countries
Senate Committee on Government Corporations and Public Enterprises ruled that Indonesia
the joint venture was illegal because the reclaimed lands that PEA sought to transfer
Malaysia
to AMARI are lands of the public domain which the government cannot alienate.
29
AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
Philippines promoting environmental cooperation among its member states. Currently, ASEAN
Singapore environmental cooperation focuses on ten priority areas of regional importance as
Thailand reflected in the Blueprint for the ASEAN Socio-Cultural Community (ASCC
Brunei Darussalam Blueprint) 2009-2015 as follows:
Vietnam
Lao PDR ASEAN Socio-Cultural Community (ASCC) Blueprint 2009-2015
Myanmar Section D. Ensuring Environmental Sustainability
Cambodia ASEAN shall work towards achieving sustainable development as well as
promoting clean and green environment by protecting the natural resource base
AIMS AND PURPOSES for economic and social development including the sustainable management and
1. To accelerate the economic growth, social progress and cultural conservation of soil, water, mineral, energy, biodiversity, forest, coastal and marine
development in the region through joint endeavors in the spirit of equality resources as well as the improvement in water and air quality for the ASEAN
and partnership in order to strengthen the foundation for a prosperous and region. ASEAN will actively participate in global efforts towards addressing global
peaceful community of Southeast Asian Nations; environmental challenges, including climate change and the ozone layer
2. To promote regional peace and stability through abiding respect for justice protection, as well as developing and adapting environmentally-sound technology
and the rule of law in the relationship among countries of the region and for development needs and environmental sustainability.
adherence to the principles of the United Nations Charter; D.1. Addressing global environmental issues
3. To promote active collaboration and mutual assistance on matters of D.2. Managing and preventing transboundary environmental pollution
common interest in the economic, social, cultural, technical, scientific and (transboundary haze pollution and transboundary movement of hazardous wastes)
administrative fields; D.3. Promoting sustainable development through environmental education and
4. To provide assistance to each other in the form of training and research public participation
facilities in the educational, professional, technical and administrative D.4. Promoting environmentally sound technology
spheres; D.5. Promoting quality living standards in ASEAN cities/urban areas
5. To collaborate more effectively for the greater utilization of their agriculture D.6. Harmonizing environmental policies and databases
and industries, the expansion of their trade, including the study of the D.7. Promoting the sustainable use of coastal and marine environment
problems of international commodity trade, the improvement of their D.8. Promoting sustainable management of natural resources and biodiversity
transportation and communications facilities and the raising of the living D.9. Promoting the sustainability of freshwater resources
standards of their peoples; D.10.Responding to climate change and addressing its impacts
6. To promote Southeast Asian studies; and D.11.Promoting sustainable forest management
7. To maintain close and beneficial cooperation with existing international and
regional organizations with similar aims and purposes, and explore all
avenues for even closer cooperation among themselves. ASEAN Declaration on Heritage Parks and Reserves
Bangkok, 29 November 1984
FUNDAMENTAL PRINCIPLE take note of Non-interference in the internal
affairs of one another; this is the main reason why some international CONCERNED with the necessity to preserve, and protect national parks and
environmental issues cannot be touched or discuss on by the community nature reserves of the ASEAN member countries;
AWARE of the uniqueness, diversity and outstanding values of certain national parks
ASEAN ENVIRONMENTAL PROGRAM and reserves of ASEAN member countries, that deserve the highest recognition so
SPECIFICALLY ON HERITAGE PARKS that their importance as conservation areas could be appreciated regionally and
Policy and Institutional Framework internationally;
Recognising the importance of environmental cooperation for sustainable
development and regional integration, ASEAN has since 1977 cooperated closely in
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AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
RECOGNIZING that conservation areas should be managed to maintain ecological DONE in Bangkok, Thailand, this Twenty- Ninth Day of November in the year one
processes and life support systems, preserve genetic diversity; ensure sustainable Thousand Nine Hundred and Eighty-Four
utilization of species and ecosystems; and maintain wilderness that are of scenic,
cultural, educational, research, recreational and tourism values;
ASEAN AGREEMENT ON TRANSBOUNDARY
CONSIDERING that to achieve the aims, purpose and objectives of the heritage HAZE POLLUTION 2003
parks and reserves of the ASEAN member countries, a master plan should be drawn The land and forest fires that hit the ASEAN region in 19971998 have been
for each heritage park which shall include but not be limited to management particularly severe. The environmental, economic and social dimensions and impact
guidelines, research on structure and function of ecosystems and education on of these fires, and the associated transboundary haze pollution, were profound. The
wilderness values; total economic losses in terms of agriculture production, destruction of forest lands,
health, transportation, tourism, and economic endeavours have been estimated at
FURTHER CONSIDERING that environ- mental concerns transcend national more than USD9 billion.
boundaries and that individual states are primarily responsible for their respective
identified heritage sites; An agreement which binds a group of contiguous states to tackle
transboundary haze pollution resulting from land and forest fires.
DO HEREBY DECLARE the following national heritage sites and reserves,
1. Brunei Darussalam The agreement requires parties to:
a. Tasek Merimbun
COOPERATE in developing and implementing measures to prevent,
2. Indonesia monitor, and mitigate transboundary haze pollution by controlling sources
a. Leuser National Park of land and forest fires, assessment and early warning systems, exchange of
b. Kerinci Seblat National Park information, and mutual assistance.
c. Lorentz Nature Reserve RESPOND PROMPTLY to a request for relevant information sought by
a state affected or may be affected by transboundary haze pollution.
3. Malaysia TAKE legal, administrative, and/or other measures to implement their
a. Kinabalu National Park obligation under the agreement.
b. Mulu National Park
c. Taman Negara National Park (CHECK: ASEAN: Indonesian Haze not a Sovereignty Issue Manila Times Article
for further information)
4. Philippines
a. Mt. Apo National Park
b. Iglit Baco. National Park AGREEMENT ON THE COOPERATION FOR
SUSTAINABLE DEVELOPMENT OF MEKONG
5. Thailand
a. Khao Yai National Park RIVER BASIN 1995
b. Kor Tarutao National Park (CHECK: ASEAN and CHINA: Cooperation in the Mekong River Manila Times
Article)
as ASEAN national heritage parks and nature reserves and
AGREE that a common cooperation is necessary to conserve and manage such parks
ASEAN AGREEMENT ON DISASTER
and reserves including the setting up of regional conservation and management action MANAGEMENT AND EMERGENCY RESPONSE
as well as a regional mechanism complementary to and supportive of national efforts (ADMER) 2009
at implementation of conservation measures.
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
(CHECK: ASEAN: Better Faster Disaster Reliefs Manila Times Article) The World Heritage Convention aims to promote cooperation among nations to
protect heritage around the world that is of such outstanding universal value that its
ASEAN Agreement on Disaster Management and Emergency Response (AADMER) conservation is important for current and future generations. It is intended that,
unlike the seven wonders of the ancient world, properties on the World Heritage List
will be conserved for all time.
ratified right after the Tsunami
acquisition of helicopter, aircraft, vessel for disaster and climate change States that are parties to the Convention agree to identify, protect, conserve, and
preparedness, rehabilitation, respond to natural calamities present World Heritage properties. States recognise that the identification and
safeguarding of heritage located in their territory is primarily their responsibility. They
solve customs delay to foreign nationals in helping disasters
agree to do all they can with their own resources to protect their World Heritage
properties.
They agree, amongst other things, as far as possible to:
MANILA TIMES
Adopt a general policy that aims to give the cultural and natural heritage a
An ASEAN Identity function in the life of the community and to integrate the protection of that
Culture being a reason for dispute, why is it important in the heritage into comprehensive planning programs
ASEAN community?
Why do we need to protect cultural heritage? Undertake 'appropriate legal, scientific, technical, administrative and
Sovereignty as a Responsibility in the ASEAN financial measures necessary for the identification, protection, conservation,
presentation and rehabilitation of this heritage
ASEAN: Indonesian Haze not a Sovereignty Issue
What is the Indonesian Haze? Refrain from 'any deliberate measures which might damage, directly or
How did it affect the ASEAN view on the environment? indirectly, the cultural and natural heritage' of other Parties to the
Flexible Engagement Convention, and to help other Parties in the identification and protection
ASEAN: Waves of Naval Expectations of their properties.
Why do we need to improve on the naval aspect of the military? The Convention establishes a list of properties that have outstanding universal value,
ASEAN: Better Faster Disaster Reliefs called the World Heritage List. These properties are part of the cultural and natural
Role of the military in responding to calamity heritage of States that are Parties to the Convention.
ASEAN and CHINA: Cooperation in the Mekong River At August 2007 there were 851 sites on the World Heritage List. The List includes
What is equitable utilization? 660 cultural properties, 166 natural properties and 25 properties that meet both
Why do they need cooperation in protecting the Mekong River? cultural and natural criteria. The only site ever removed from the World Heritage List
was the Arabian Oryx Sanctuary (Oman) which was delisted in July 2007.
A trust fund, the World Heritage Fund for the Protection of World Cultural and
Natural Heritage of Outstanding Universal Value (the World Heritage Fund), is
MULTILATERAL ENVIRONMEMTAL established under the Convention. The Fund is financed by contributions from state
AGREEMENT parties and contributions from private organisations and individuals.
Funds are used when state parties request assistance to protect their World Heritage- Designate suitable wetlands for the List of Wetlands of International
listed sites, and to meet the urgent conservation needs of properties on the List of Importance and ensure their effective management; and
World Heritage in Danger.
Cooperate internationally concerning transboundary wetlands, shared
State parties can request international assistance from the World Heritage Fund for wetland systems, shared species, and development projects that may affect
studies, provision of experts and technicians, training of staff and specialists, and the wetlands.
supply of equipment. They can also apply for long-term loans and, in special cases,
non-repayable grants. OF WHAT USE ARE WETLANDS [AMBASSADOR TOLENTINO]
Wetlands are among the most valuable ecosystems in the world providing so much
Philippines benefits to people. Among the values and functions of wetlands are as:
Cultural
Baroque Churches of the Philippines (1993) 1. Kidneys of the earth They purify water and wastes from both natural and
Historic Town of Vigan (1999) human sources by preventing high levels of nutrients from agricultural run-
Rice Terraces of the Philippine Cordilleras (1995) offs such as phosphorous and nitrogen from reaching the groundwater as
Natural well as preventing the rapid growth of algae which use up the oxygen in the
Mount Hamiguitan Range Wildlife Sanctuary (2014) water that is important for the survival of other wetland species.
Puerto-Princesa Subterranean River National Park (1999)
2. Storehouse of genetic materials Wetlands are habitats for a wide variety
Tubbataha Reefs Natural Park (1993)
of plants, animals and micro-organisms. They are nurseries for numerous
fish species and resting and nesting places for migratory birds.
RAMMSAR CONVENTION OF THE WETLANDS
--International treaty, adopted in the Iranian City of Ramsar in 1971, for the 3. Biological supermarket It is the source of fish and other protein-loaded
CONSERVATION and SUSTAINABLE UTILIZATION of wetlands. aquatic creatures. Wetlands are also the source of fuelwood, timber,
materials for utensils and handicrafts of indigenous peoples and even fodder
The Convention uses a broad definition of the types of wetlands covered in its for work animals.
mission, including lakes and rivers, swamps and marshes, wet grasslands and
peatlands, oases, estuaries, deltas and tidal flats, near-shore marine areas, mangroves 4. Defense fortifications Wetlands proved excellent defenses against the
and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, onslaught of typhoons and tsunamis as proven by the tsunami generated by
and salt pans. an earthquake occurrence in 2004 which reached Indonesia, Thailand and
Sri Lanka. Scientists explained the roots of vegetation that surround Asian
At the centre of the Ramsar philosophy is the wise use concept. The wise use of mangroves and other forest wetlands helped to hold the sediments in place
wetlands is defined as "the maintenance of their ecological character, achieved against the impact of strong winds and waves.
through the implementation of ecosystem approaches, within the context of
sustainable development". "Wise use" therefore has at its heart the conservation and 5. Natural engineering structures Wetlands are natural dams absorbing
sustainable use of wetlands and their resources, for the benefit of humankind. heavy rainfalls, preventing floods or slowing down the flow of floodwaters.
Most important is the fact that wetlands store water and, therefore, stabilize
Under the 3 pillars of the Convention, the Parties have committed themselves to: water supplies.
Work towards the wise use of all their wetlands through national land-use 6. Sponge for freshwater Wetlands help recharge groundwater aquifers to
planning, appropriate policies and legislation, management actions, and satisfy peoples need for drinking and agriculture. More than a billion people
public education; in Asia rely on groundwater for drinking while it was reported that in
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Europe, an estimated 65% of public water originates from groundwater (Example of species under Appendix I: tiger, Himalayan brown bear,
sources. elephant, and Tibetan antelope)
7. Treasure trove of cultural heritage Many wetlands featured in mans 2. Appendix II includes species that although currently not threatened with
march towards civilization and are now heritage sites and tourists extinction, may become so without trade controls. Regulated trade is
destinations generating much income for the population. Among them are allowed provided that the exporting country issues a permit based on
the Tonle Sap Lake in Siem Reap (Cambodia), Kalang River (Singapore), findings that the specimens were legally acquired, and the trade will not be
Inle Lake (Myanmar) and the coastal areas of the island of Mindoro detrimental to the survival of the species or its role in the ecosystem.
(Philippines). (Example of species under Appendix II: Hippopotamus, bigleaf mahogany,
and the gray wolf)
CLASS NOTES:
a. Important commitments of the parties 3. Appendix III includes species for which a country has asked other CITES
WISE USE Parties to help in controlling international trade. Trade in Appendix-III
Listed Sites species is regulated using CITES export permits (issued by the country that
Reserves and Training listed the species in Appendix III) and certificates of origin (issued by all
other countries). (Example of species under Appendix III: walrus,
International Cooperation
Hoffmann's two-toed sloth, and the red-breasted toucan)
b. What are the Philippine Wetlands?
The Olango Island in Lapu-lapu, Cebu National Contacts of CITES
Naujan Lake National Park in Oriental Mindoro. Management Authorities
The Agusan Marsh Wildlife Sanctuary Biodiversity Management Bureau of the DENR
Tubbataha Reefs National Marine Park (33,200 ha), located in Palawan Council for Sustainable Development
the middle of the Central Sulu Sea about 150 kilometers Bureau of Fisheries and Aquatic Resources of the DA
southeast of Puerto Princesa City Scientific Authorities
Puerto Princesa Subterranean River National Park in Palawan Ecosystems Research and Development Bureau of the DENR
The Las Pias-Paraaque Critical Habitat and Ecotourism Philippine National Museum
Area (LPPCHEA) is a 175-hectare coastal urban wetland and Bureau of Fisheries and Aquatic Resources of the DA
bird sanctuary situated within the metropolis of Metro Manila
Enforcement Authorities
CITES SPECIFICALLY ON THE TRADE OF Bureau of Fisheries and Aquatic Resources
ENDANGERED SPECIES Wildlife Protection Investigation Division of the National Bureau
of Investigation
CITES is an international agreement signed by 176 nations designed to ensure that
international trade in animals and plants does not threaten their survival in the wild. Environmental Protection Unit of the Bureau of Customs
The treaty was drafted in Washington, D.C. in 1973 and entered into force in 1975.
Voluntarily signed by the parties.
UNITED NATIONS CONVENTION ON THE LAW
Species covered by CITES are listed in different appendices according to their OF THE SEA -UNCLOS (CHAPTER 12)
conservation status: The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
- is an international treaty that provides a regulatory framework for the use of
1. Appendix I includes species threatened with extinction and provides the the worlds seas and oceans, inter alia, to ensure the conservation and
greatest level of protection, including restrictions on commercial trade.
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equitable usage of resources and the marine environment and to ensure the Articles 197-201 : encourages nations to participate in regional agreements
protection and preservation of the living resources of the sea. related to the environment and establishes duties of nations to their regional
- UNCLOS also addresses such other matters as sovereignty, rights of usage counterparts
in maritime zones, and navigational rights.
- Defined the limits of the territorial seas of nations and the areas in which Sources of ocean pollution
they could exploit marine resources. 1. Land-based and coastal activities
2. Continental-shelf drilling
Baseline - boundary from which a nation may begin measurements (low water mark) 3. Potential seabed mining
Internal waters -contained on the landward side of the baseline. 4. Ocean dumping
5. Vessel-source pollution
Territorial sea - a nation has exclusive sovereignty over the water, seabed, and 6. Pollution from or through the atmosphere
airspace (12 nautical miles from the baseline)
Land Based Pollution
Contiguous Zone - nation may exercise the control necessary to prevent the Over 80% of marine pollution comes from land-based activities.
infringement of its customs, fiscal, immigration or sanitary laws and regulations From plastic bags to pesticides - most of the waste we produce on land
within its territory or territorial sea (24 nautical miles from the baseline) eventually reaches the oceans, either through deliberate dumping or from
run-off through drains and rivers.
Exclusive Economic Zone 200 nautical miles from the baseline / low water mark Article 207
Adopt laws and regulations to prevent, reduce and control
Environmental Considerations pollution of the marine environment
Article 192 General obligation: States have the obligation to protect and Regulate pollution that comes from the primary sources of land
preserve the marine environment. based pollution
Article 193 Sovereign right of States to exploit their natural resources Encourages nations to harmonize their policies on a regional level.
Article 195 Duty not to transfer damage or hazards or transform one Dumping at Sea
type of pollution into another: Prevent, reduce and control pollution in Any deliberate disposal of wastes or other matter from vessels, aircraft,
the marine environment. Prohibits nations from transferring pollution to platforms or other man-made structures at sea
another nation Article 210 - National laws and regulations be at least as effective as global
rules and standards.
Coastal nations are the only authority that can approve any dumping
activities within its territory
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If the two parties to a dispute have elected the same procedure, that court or tribunal will hear the
Pollution from Ships case. - If the two parties to a dispute have not chosen the same procedure, or if they have not declared
Article 211 that they prefer any procedure, the dispute will go to arbitration under Annex VII.
Pass laws and regulations governing pollution from ships flying the
nation's flag Only States parties to UNCLOS have access to the dispute settlement mechanisms in
Pass laws preventing and controlling pollution from ships that Part XV .
enter both their ports and their territorial seas.
A State party to a dispute cannot institute arbitration proceedings under Annex VII
Marine mammals unless certain conditions are present:
Article65: Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit, First, there must be a dispute between the two States on the
limit or regulate the exploitation of marine mammals more strictly than interpretation or application of one or more provisions in UNCLOS.
provided for in this Part. States shall cooperate with a view to the Second, the parties must first have exchanged views and attempted to
conservation of marine mammals and in the case of cetaceans shall in settle the dispute by negotiation or other peaceful means.
particular work through the appropriate international organizations for their Third, the party instituting the proceedings must have determined that
conservation, management and study the dispute cannot be settled by negotiation or an exchange of views.
UNITED NATIONS CONVENTION ON THE LAW DEFAULT OF APPEARANCE OF ONE OF THE PARTIES
OF THE SEA -UNCLOS (ANNEX ON
ARBITRATION) Parties to UNCLOS have consented in advance to the compulsory
procedures entailing binding decisions in section 2 of Part XV.
PART XV: SETTLEMENT OF DISPUTES There are no provisions in UNCLOS or Annex VII providing that the
Article 281. Procedure where no settlement has been reached by the parties: parties to a dispute have a right not to participate in the proceedings.
1. If the States Parties which are parties to a dispute concerning the interpretation or The Parties shall facilitate the work of the arbitral tribunal.
application of this Convention have agreed to seek settlement of the dispute by a
peaceful means of their own choice, the procedures provided for in this Part apply PROBLEM AREAS, ISSUES AND CONCERNS IN
only where no settlement has been reached by recourse to such means and the
agreement between the parties does not exclude any further procedure. THE IMPLEMENTATION OF ENVIRONMENTAL
2. If the parties have also agreed on a time-limit, paragraph 1 applies only upon the LAWS
expiration of that time-limit. Factors Motivating Compliance Barriers to compliance and factors
encouraging non-compliance
Pursuant to Article 287(1) of UNCLOS, when signing, ratifying, or acceding to ECONOMIC
UNCLOS, a State may make a declaration choosing one or more of the following Desire to avoid a penalty Lack of funds
means for settling such disputes: Desire to avoid future liability Greed/desire to achieve competitive
The International Tribunal for the Law of the Sea (ITLOS) in advantage
Desire to save money by using more
Hamburg, Germany;
cost-efficient and environmentally Competing demands for resources
The International Court of Justice(ICJ) in The Hague, The Netherlands;
sound practices
ad hoc arbitration (in accordance with Annex VII of UNCLOS); or
a special arbitral tribunal constituted for certain categories of disputes SOCIAL/MORAL
(established under Annex VIII of UNCLOS). Moral and social values for Lack of social respect for the law
environmental quality Lack of public support for
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CASE: Trail Smelter Arbitration vs Canada (33 and 35 Tribunal found that damaged has been caused to the US and that it should be
indemnified for damages. It held that under the principles of International Law, as
American Journal of Environmental Law) well as the law of the US, no state has the right to use or permit the use of its territory
In 1896, a smelter located in Trail, British Columbia, began in such a manner as to cause injury by fumes in or to the territory of another when
operating under American ownership. However, in 1906, the the case is of serious consequences and injury is established by clear and convincing
Consolidated Mining and Smelting Company of Canada, Ltd. bought evidence. Hence, Canada was responsible for the conduct of the Trail Smelter.
the smelter plant in Trail. This company expanded the plant in size
and in turn in its capacity to smelt zinc and lead ores. However, Principles:
in 1925 and in 1927, two large, 400-foot smoke stacks were built.
Principle of Good Neighborliness
There was a resulting increase in the amount of sulfur emitted Polluter-Pays Principle
into the air. Within that same time period the amount of sulfur Common but Differentiated Responsibilities
released from the plant on a monthly basis almost doubled from Precautionary Principle If there is no scientific certainty, one should
what it had been in 1924. The amount of sulfur released in 1924 was about 4,700 approach the matter with caution (e.g. GMOs)
tons per month. But in 1927, the amount had risen to 9,000 tons per month. These Principle of Sustainable Development
increases continued because this Principle of Cooperation (e.g. w/ respect the use of transboundary natural
smelting operation of zinc and lead had become one of the largest resources)
in North America.
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After the explosions of October 22nd, the United Kingdom Government sent a note The Albanian Government does not dispute that the North Corfu Channel is a strait
to the Albanian Government, in which it announced its intention to sweep the Corfu in the geographical sense; but it denies that this Channel belongs to the class of
Channel shortly. The Albanian reply, which was received in London on October international highways through which a right of passage exists, on the grounds that it
31st, stated that the Albanian Government would not give its consent to this unless is only of secondary importance and not even a necessary route between two parts of
the operation in question took place outside Albanian territorial waters. Meanwhile, the high seas, and that it is used almost exclusively for local traffic to and from the
at the United Kingdom Government's request, the International Central Mine ports of Corfu. Thus a previous approval of the territorial state is necessary.
Clearance Board decided, in a resolution of November 1st, 1946, that there should be
a further sweep of the Channel, subject to Albania's consent. The United Kingdom 1) Should the North Corfu Channel as it is considered part of international
Government having informed the Albanian Government, in a communication of highways?
November 10th, that the proposed sweep would take place on November 12th, the 2) Is Albania responsible under international law for the explosions which
Albanian Government replied on the 11th, protesting against this 'unilateral decision occurred on the 22nd October 1946 in Albanian waters and for the damage
of His Majesty's Government'. It said it did not consider it inconvenient that the and loss of human life which resulted from them and is there any duty to
British fleet should undertake the sweeping of the channel of navigation, but added pay compensation?'
that, before sweeping was carried out, it considered it indispensable to decide what
area of the sea should be deemed to constitute this channel, and proposed the Analysis:
establishment of a Mixed Commission for the purpose.
It ended by saying that any sweeping undertaken without the consent of the Albanian The court analyses the geographical situation of the channel connects two parts of the
Government outside the channel thus constituted, i.e., inside Albanian territorial high seas and is in fact frequently being used for international navigation. Taking into
waters where foreign warships have no reason to sail, could only be considered as a account these various considerations, the Court concludes that the North Corfu
deliberate violation of Albanian territory and sovereignty. After this exchange of Channel should be considered as belonging to the class of international highways
notes, 'Operation Retail' took place on November 12th and 13th. through which an innocent passage does not need special approval and cannot be
One fact of particular importance is that the North Corfu Channel constitutes a prohibited by a coastal State in time of peace.
frontier between Albania and Greece, that a part of it is wholly within the territorial
waters of these States, and that the Strait is of special importance to Greece by reason The UK government claims that on October 22nd, 1946, Albania neither notified the
of the traffic to and from the port of Corfu. existence of the minefield, nor warned the British warships of the danger they were
approaching. According to the principle of state responsibility, they should have done
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
all necessary steps immediately to warn ships near the danger zone, more especially that the operation was one of extreme urgency, and that it considered itself entitled to
those that were approaching that zone. In fact, nothing was attempted by the carry it out without anybody's consent.
Albanian authorities to prevent the disaster. These grave omissions involve the
international responsibility of Albania. The Court can only regard the alleged right of intervention as the manifestation of a
policy of force, such as has, in the past, given rise to most serious abuses and such as
But Albania's obligation to notify shipping of the existence of mines in her waters cannot, whatever be the present defects in international organization, The United
depends on her having obtained knowledge of that fact in sufficient time before Kingdom Agent, in his speech in reply, has further classified 'Operation Retail' among
October 22nd; and the duty of the Albanian coastal authorities to warn the British methods of self-protection or self-help. The Court cannot accept this defense either
ships depends on the time that elapsed between the moment that these ships were find a place in international law.
reported and the moment of the first explosion. Final conclusion of the court:
Conclusion of the court: 1) On the first question put by the Special Agreement of March 25th, 1948,
The Court therefore reaches the conclusion that Albania is responsible under The court gives judgment that the People's Republic of Albania is responsible under
international law for the explosions which occurred on October 22nd, 1946, in international law for the explosions which occurred on October 22nd, 1946, in
Albanian waters, and for the damage and loss of human life which resulted from Albanian waters, and for the damage and loss of human life that resulted there from;
them, and that there is a duty upon Albania to pay compensation to the United and
Kingdom.
Reserves for further consideration the assessment of the amount of compensation
In the second part of the Special Agreement, the following question is submitted to and regulates the procedure on this subject.
the Court:
2) On the second question put by the Special Agreement on the violation of
(2) Has the United Kingdom under international law violated the sovereignty of the state sovereignty,
Albanian People's Republic by reason of the acts of the Royal Navy in Albanian
waters on the 22nd October and on the 12th and 13th November 1946 and is there The court gives judgment that the United Kingdom did not violate the sovereignty of
any duty to give satisfaction? the People's Republic of Albania by reason of the acts of the British Navy in Albanian
waters on October 22nd, 1946; and unanimously, gives judgment that by reason of
Albania was in fact in war with Greece which means that the coastal state was not in the acts of the British Navy in Albanian waters in the course of the Operation of
time of peace. UK had not an innocent passage due to the way it was carried out. The November 12th and 13th, 1946, the United Kingdom violated the sovereignty of the
court assessed the manner of UK warships after they had been shot at May 15th. People's Republic of Albania, and that this declaration by the Court constitutes in
Having thus examined the various contentions of the Albanian Government in so far itself appropriate satisfaction.
as they appear to be relevant, the Court has arrived at the conclusion that the United
Kingdom did not violate the sovereignty of Albania by reason of the acts of the
British Navy in Albanian waters on October 22nd, 1946. BASEL CONVENTION ON THE CONTROL OF
TRANSBOUNDARY MOVEMENT OF WASTE
The United Kingdom Government does not dispute that 'Operation Retail' was -Response to deposits of toxic wastes being imported from abroad
carried out against the clearly expressed wish of the Albanian Government. It
recognizes that the operation had not the consent of the international mine clearance Objective: To protect human health and the environment against the adverse effects
organizations, that it could not be justified as the exercise of a right of innocent of hazardous wastes.
passage, and lastly that, in principle, international law does not allow a State to
assemble a large number of warships in the territorial waters of another State and to Scope of application:
carry out minesweeping in those waters. The United Kingdom Government states Hazardous wastes
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
a. Must be listed in Annex 1 and explosive, flammable, toxic, or if it is carried out in accordance with the Conventions regulatory system
corrosive OR
b. Considered to be a hazardous waste under the laws of the country
Other wastes:
AARHUS CONVENTION: ON ACCESS OF
a. Household waste INFORMATION, PUBLIC PARTICIPATION AND
b. Incinerator ash ACCESS TO JUSTICE ON ENVIRONMENT
c. Control
d. Prior Informed Consent (WHERE IS AARHUS?)
AIMS This is not an MEA but merely a REGIONAL AGREEMENT among European
1. Reduction of hazardous waste generation Countries
2. Restriction of transboundary movements of hazardous wastes
3. Creation of regulatory system for permissible transboundary movements The Aarhus Convention establishes a number of rights of the public (individuals and
their associations) with regard to the environment. The Parties to the Convention are
ARTICLE 4 : Hazardous wastes may not be exported to Antarctica, to a State not required to make the necessary provisions so that public authorities (at national,
party to the Basel Convention OR to a party having banned the import of hazardous regional or local level) will contribute to these rights to become effective. The
wastes Convention provides for:
ARTICLE 11: Parties may enter into bilateral or multilateral agreements on (1) Access to Environmental Information: the right of everyone to receive
hazardous waste management with other parties or with non-parties, provided that environmental information that is held by public authorities. This can
such agreements are no less environmentally sound than the Basel Convention include information on the state of the environment, but also on policies or
(Prior informed consent) measures taken, or on the state of human health and safety where this can
be affected by the state of the environment. Applicants are entitled to obtain
this information within one month of the request and without having to say
why they require it. In addition, public authorities are obliged, under the
Convention, to actively disseminate environmental information in their
possession;
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
CONVENTION ON BIOLOGICAL DIVERSITY urgent conservation measures and those which offer the greatest potential
for sustainable use;
(CBD) identify processes and categories of activities which have or are likely to
- is an international legally-binding treaty with three main goals: have significant adverse impacts on the conservation and sustainable use of
1. Conservation of biodiversity; biological diversity and monitor their effects through sampling and other
2. Sustainable use of biodiversity; techniques;
3. Fair and equitable sharing of the benefits arising from the use of genetic maintain and organise, by any mechanism, data derived from identification
resources. and monitoring activities pursuant to the points set out above.
Its overall objective is to encourage actions which will lead to a sustainable future. Each Contracting Party should, as far as possible, adopt economically and socially
sound measures that act as incentives for the conservation and sustainable use of
Subject to the rights of other States, and except as otherwise expressly provided for in components of biological diversity.
the Convention, the provisions of the Convention apply, in relation to each
Contracting Party: The Convention makes provision for the following:
in the case of components of biological diversity, in areas within the limits
of its national jurisdiction; Establishment and maintenance of programmes for scientific and technical
in the case of processes and activities, regardless of where their effects education and training for the identification, conservation and sustainable
occur, carried out under its jurisdiction or control, within the area of its use of biological diversity and its components and providing support for
national jurisdiction or beyond the limits of national jurisdiction. such education and training for the specific needs of developing countries;
Encouragement of research which contributes to the conservation and
Each Contracting Party must, as far as possible, cooperate with other Contracting sustainable use of biological diversity, particularly in developing countries;
Parties directly or, where appropriate, through competent international organisations Promoting the use of scientific advances in biological diversity research in
both in respect of areas beyond national jurisdiction and on other matters of mutual developing methods for conservation and sustainable use of biological
interest, for the conservation and sustainable use of biological diversity. resources.
Each Contracting Party should, in accordance with its particular conditions and Public education should be promoted and awareness enhanced to highlight the
capabilities: importance of biological diversity through the media and the inclusion of these topics
in educational programmes.
develop national strategies, plans or programmes for the conservation and
sustainable use of biological diversity or adapt for this purpose existing The Contracting Parties should facilitate the exchange of information, from all
strategies, plans or programmes; publicly available sources, relevant to the conservation and sustainable use of
integrate, as far as possible and as appropriate, the conservation and biological diversity, taking into account the special needs of developing countries
sustainable use of biological diversity into relevant sectoral and cross- (exchange of information on the results of technical, scientific and socio-economic
sectoral plans, programmes and policies. research as well as information on training and surveying programmes, etc.).
Each Contracting Party should as far as possible: The Convention emphasises the role of indigenous and local communities in
conserving biodiversity. These populations heavily and traditionally depend on the
Identify components of biological diversity important for its conservation biological resources on which their traditions are based.
and sustainable use, having regard to the indicative list of categories set
down in Annex I;
DEFINITIONS:
Ionitor, through sampling and other techniques, the components of
"Biological diversity" means the variability among living organisms from all
biological diversity identified, paying particular attention to those requiring
sources including, inter alia, terrestrial, marine and other aquatic ecosystems
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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
and the ecological complexes of which they are part; this includes diversity of war
within species, between species and of ecosystems. o prevent damage to the environment
"Biological resources" includes genetic resources, organisms or parts
thereof, populations, or any other biotic component of ecosystems with
actual or potential use or value for humanity. Principle 24 of the UN Declaration on Environment and Development
"Biotechnology" means any technological application that uses biological o Warfare is inherently destructive of sustainable development
systems, living organisms, or derivatives thereof, to make or modify o UN Conference on Environment and Development (UNCED)
products or processes for specific use. Agenda 21 - reference to armed conflict; measures in
Ex-situ conservation" means the conservation of components of biological accordance with international law
diversity outside their natural habitats.
In-situ conditions" means conditions where genetic resources exist within
ecosystems and natural habitats, and, in the case of domesticated or Balance necessity against collateral damage
cultivated species, in the surroundings where they have developed their
distinctive properties. Geneva Convention:
"In-situ conservation" means the conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations of species a.) 1976 Convention on the Prohibition of Military or any other Hostile Use of
in their natural surroundings and, in the case of domesticated or cultivated Environmental Modification Techniques (ENMOD)
species, in the surroundings where they have developed their distinctive
properties. b.) 1977 Additional Protocol (on protection of victims) to the Geneva
Conventions of 12 Aug 1949 (Protocol 1) International wars; prohibition
ARMED CONFLICT AND THE ENVIRONMENT: on indiscriminate attacks and environmental collateral damage
c.) 1977 Additional Protocol Relating to the Protection of Victims of Non-
LEGAL PERSPECTIVE (PHIL JOURNAL VOL 8 FEB International Armed Conflicts (Protocol 2) internal armed conflicts
2007 PP. 377-389)
Endanger and damage the environment; destruction of lives, culture and Hague Conventions governing weapons
land
o Chemical pollution on land right to choose weapons is not unlimited
o Maritime and atmospheric pollution restricted or banned weapons:
o Despoliation of land by mines and other dangerous objects o exploding munitions
o Threats to water supply o poisonous gas
o chemical and biological weapons
1868 Declaration of St. Petersburg (Russia) o blinding lasers
o Objective: o land mines
weakening military force of the enemy o lead ammunition tungsten and tin / nylon
Deficiencies and Current Challenges
precautionary principle in the field of environmental
protection
Geneva Convention 1949 no mention of environment
prevent the invention of new and more destructive weapons
Hague Convention 1907 did not address specific environmental
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AJDM Notes 2014 / Diato / L. Mendoza
ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
- competence only from agreement to arbitrate 3) Precautionary principle states should be cautious in indulging in activities that
would result in climate change or increase in the GHG. There is no scientific
certainty then be more cautious in dealing with the activity.
IV. Arguments against the creation of an international court of 4) Principle of sustainable development
environment (ICE) global level: 5) Non regression
6) Intergenerational responsibility
a. ICJ 7) Transboundary natural resources
b. Apellate Body of the WTO 8) Should we relax sovereignty? Why?
c. Tribunal of the Law of the Sea 9) Explain the problem, concerns in implementing environmental laws ( table)
- handed down decisions in disputes related to the protection of the 10) Protection of the IDP's
environment 11) Role of the military in ADMER
d. ICJ environment chamber 12) Know the meaning of:
e. Permanent Court of Arbitrations Environment Facility a) BIOdiversity - "totality of genes, species, and ecosystems of a region"
Regional Forums b) BIOpiracy - the exploitative appropriation of indigenous forms of
knowledge by commercial actors
a. RCHR c) BIOprospecting - is the process of discovery and commercialization of new
b. Inter American court of HR products based on biological resources and includes the search for
c. Court of Justice of the European Community previously unknown compounds in organisms that have never been used in
Multilateral Environmental Agreement (MEA) traditional medicine before.
d) BIOdiplomacy - uses diplomatic skills to promote global diversity, especially
in island communities.
- propose frequent consultations to allay fear about fragmentation of
13) Prior Informed Consent (under Basel Convention)
international law
14) Global commons
a. Kyoto Protocol on Climate Change
15) Equitable utilization
- proposing to establish an enforcement branch
16) Prior informed consent
- legally binding consequences for non compliance procedure for the 17) Environmental Law : Multi disciplinary / Cross Sectoral
protocol 18) Take note: resident mammals case.Explain and relate to environmental law
b. Permanent Court of Arbitrations Environment Facility
- Rescission of contracts = of the exploration of a foreign company
- similar rules for state, intergovernmental organization, private parties
-
c. Establishment of the Inspection Panel
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AJDM Notes 2014 / Diato / L. Mendoza