Envi Summer 2015 Finals Reviewer

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER
INTRODUCTION
ENVIRONMENTAL LAW-has been defined as that set
of legal rules addressed specifically to activities which
potentially affect the quality of the environment,
whether natural or man-made. It consists of
international and national laws relating to the
protection and enforcement of the environment and
encompasses both hard law (i.e. international
treaties and national legislations) and soft law (i.e.
guidelines, standards, etc.). Its elements are derived
from sectoral subject areas (e.g., air, marine and
inland water, soil, energy, biological diversity) and
functional
tasks
(e.g.
environmental
impact
assessment,
natural
resources
accounting,
environmental auditing, etc.) [Craig, 2002).
UNFCC AND KYOTO PROTOCOL
International Environmental Treaty that was produced

at the UN Conference on Environment and
Development. It is aimed at STABILIZING greenhouse
gas concentrations in the atmosphere at a level that
would prevent interference with climate system.
Since the UNFCCC entered into force, the parties have

been meeting annually in Conferences of the Parties
(COP) to assess progress in dealing with climate
change, and beginning in the mid-1990s, to negotiate
the Kyoto Protocol to establish legally binding
obligations for developed countries to reduce their
greenhouse gas emissions.
Under the Convention, governments:
gather and share information on greenhouse

gas emissions, national policies and best
practices;
launch national strategies for addressing
greenhouse gas emissions and adapting to
expected impacts, including the provision of
financial
and
technological
support
to
developing countries ;
cooperate in preparing for adaptation to the
impacts of climate change
KEY ELEMENT: parties should act to protect the

climate system on the basis of EQUALITY and in
accordance
with
their
COMMON
BUT
DIFFERENTIATED responsibilities and respective
capabilities.
The principle of COMMON but DIFFERENTIATED

responsibilities includes 2 elements: (Very important.
Tinatanong ni Ambatol pag malapit na finals. Tinanong
din sa final exam)
(1) Common responsibilities of parties to protect

the environment, parts of it, at the national,
regional, and global levels
(2) Need to take into account the different
circumstances,
particularly
each
partys
contribution to the problem and its ability to
prevent, reduce, and control threat.
*** Common: everyone is in the same position (ex. Everyone uses
machinery)
*** Differentiated: developed countries has more responsibility
because they deal with the activities in large scale (ex. More
machineries for factories)
Another element underpinning the UNFCCC is the
polluter pays principle. This means that the party
1
AJDM Notes 2014 / Diato / L. Mendoza

responsible for producing pollution is responsible for
paying for the damage done to the natural environment.
KYOTO PROTOCOL
Sets emission targets for developed countries which are
binding under international law
Countries must meet their targets primarily through
national measures
PHILIPPINE LAWS:
RA 9729 CLIMATE CHANGE ACT
Section 2. Declaration of Policy. It is the policy of the State to
afford full protection and the advancement of the right of the
people to a healthful ecology in accord with the rhythm and
harmony of nature. In this light, the State has adopted the
Philippine Agenda 21 framework which espouses sustainable
development, to fulfill human needs while maintaining the
quality of the natural environment for current and future
generations.
Towards this end, the State adopts the principle of
protecting the climate system for the benefit of humankind, on
the basis of climate justice or common but differentiated
responsibilities and the Precautionary Principle to guide
decision-making in climate risk management. As a party to the
United Nations Framework Convention on Climate Change, the
State adopts the ultimate objective of the Convention which is
the stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system which
should be achieved within a time frame sufficient to allow

ecosystems to adapt naturally to climate change, to ensure that
food production is not threatened and to enable economic
development to proceed in a sustainable manner.1awphil As a
party to the Hyogo Framework for Action, the State likewise
adopts the strategic goals in order to build national and local
resilience to climate change-related disasters.
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 frequency and/or severity of droughts, fires, floods
and storms, climate-related illnesses and diseases, damage to
ecosystems, biodiversity loss that affect the countrys
environment, culture, and economy, the State shall cooperate
with the global community in the resolution of climate change
issues, including disaster risk reduction. It shall be the policy of
the State to enjoin the participation of national and local
governments, businesses, nongovernment organizations, local
communities and the public to prevent and reduce the adverse
impacts of climate change and, at the same time, maximize the
benefits of climate change. It shall also be the policy of the State
to incorporate a gender-sensitive, pro-children and pro-poor
perspective in all climate change and renewable energy efforts,
plans and programs. In view thereof, the State shall strengthen,
integrate, consolidate and institutionalize government initiatives
to achieve coordination in the implementation of plans and
programs to address climate change in the context of sustainable
development.
Further recognizing that climate change and disaster risk
reduction are closely interrelated and effective disaster risk
reduction will enhance climate change adaptive capacity, the
2

State shall integrate disaster risk reduction into climate change
programs and initiatives.
Cognizant of the need to ensure that national and
subnational government policies, plans, programs and projects
are founded upon sound environmental considerations and the
principle of sustainable development, it is hereby declared the
policy of the State to systematically integrate the concept of
climate change in various phases of policy formulation,
development plans, poverty reduction strategies and other
development tools and techniques by all agencies and
instrumentalities of the government
Greenhouse gases (GHG) refers to constituents of

the atmosphere that contribute to the greenhouse effect
including, but not limited to, carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons and
sulfur hexafluoride.
The Commission shall be an independent and autonomous

body and shall have the same status as that of a national
government agency. It shall be attached to the Office of
the President.
Commissioners to be appointed by the President, one of whom

shall serve as the Vice Chairperson of the Commission.
RA 10121 NDRRMC 2010
A working group of various government, non-government,

civil sector, and private sector organizations of the
Philippines. It is under the Department of National
Defense. The Council is responsible for ensuring the
protection and welfare of the people during
disasters/emergencies.
Section 5. National Disaster Risk Reduction and Management

Council. - The present National Disaster Coordinating Council or
NDCC shall henceforth be known as the National Disaster Risk
Reduction and Management Council, hereinafter referred to as
the NDRRMC or the National Council.
The National Council shall be headed by the Secretary
of the Department of National Defense (DND) as Chairperson
with the Secretary of the Department of the Interior and Local
Government (DILG) as Vice Chairperson for Disaster
Preparedness, the Secretary of the Department of Social
Welfare and Development (DSWD) as Vice Chairperson
for Disaster Response, the Secretary of the Department of
Science and Technology (DOST) as Vice Chairperson for
Disaster Prevention and Mitigation, and the Director-General of
the National Economic and Development Authority (NEDA) as
Vice Chairperson for Disaster Rehabilitation and Recovery.
Overview of the councils power: Section 6. Powers and

Functions of the NDRRMC. - The National Council, being
empowered with policy-making, coordination, integration,
supervision, monitoring and evaluation functions
Section 5. Composition of the Commission. The Commission

shall be composed of the President of the Republic of the
Philippines who shall serve as the Chairperson, and three (3)
Section 7. Authority of the NDRRMC Chairperson. - The

Chairperson of the NDRRMC may call upon other
instrumentalities or entities of the government and
nongovernment and civic organizations for assistance In terms
3

of the use of their facilities and resources for the protection and
preservation of life and properties in the whole range of disaster
risk reduction and management. This authority includes the
power to call on the reserve force as defined in Republic Act No.
7077 to assist in relief and rescue during disasters or calamities.
Section 8. The Office of Civil Defense. - The Office of Civil

Defense (OCD) shall have the primary mission of administering
a comprehensive national civil defense and disaster risk
reduction and management program by providing leadership in
the continuous development of strategic and systematic
approaches as well as measures to reduce the vulnerabilities
and risks to hazards and manage the consequences of disasters.
Section 13. Accreditation, Mobilization, and Protection of

Disaster Volunteers and National Service Reserve Corps, CSOs
and the Private Sector. - The government agencies, CSOs,
private sector and LGUs may mobilize individuals or organized
volunteers to augment their respective personnel complement
and logistical requirements in the delivery of disaster risk
reduction programs and activities. The agencies, CSOs, private
sector, and LGUs concerned shall take full responsibility for the
enhancement, welfare and protection of volunteers, and shall
submit the list of volunteers to the OCD, through the LDRRMOs,
for accreditation and inclusion in the database of community
disaster volunteers
Section 16. Declaration of State of Calamity. - The National

Council shall recommend to the President of the Philippines the
declaration of a cluster of barangays, municipalities, cities,
provinces, and regions under a state of calamity, and the lifting
thereof, based on the criteria set by the National Council. The
President's declaration may warrant international humanitarian
assistance as deemed necessary.
The declaration and lifting of the state of calamity may
also be issued by the local sanggunian, upon the
recommendation of the LDRRMC, based on the results of the
damage assessment and needs analysis.
RA 10174 PEOPLES SURVIVAL FUND
SEC. 2. Declaration of Policy. It is the policy of the State to

afford full protection and the advancement of the right of the
people to a healthful ecology in accord with the rhythm and
harmony of nature. In this light, the State has adopted the
Philippine Agenda 21 framework which espouses sustainable
development, to fulfill human needs while maintaining the
quality of the natural environment for current and future
generations.
Towards this end, the State adopts the principle of

protecting the climate system for the benefit of humankind, on
the basis of climate justice or common but differentiated
responsibilities and the Precautionary Principle to guide
decision-making in climate risk management. As a party to the
United Nations Framework Convention on Climate Change
(UNFCCC), the State adopts the ultimate objective of the
Convention which is the stabilization of greenhouse gas
concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system
which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that
food production is not threatened and to enable economic
development to proceed in a sustainable manner. As a party to
the Hyogo Framework for Action, the State likewise adopts the
strategic goals in order to build national and local resilience to
climate change-related disasters.
Recognizing
the
vulnerability
of
the
Philippine
archipelago and its local communities, particularly the poor,
women, and children, to potential dangerous consequences of
4

climate change and global warming such as increasing
temperatures, rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fire, floods and storms,
climate-related illnesses and diseases, damage to ecosystems,
biodiversity loss that affect the countrys environment, culture,
and economy, the State shall cooperate with the global
community in the resolution of climate change issues, including
disaster risk reduction. It shall be the policy of the State to
enjoin the participation of national and local governments,
businesses, nongovernment organizations, local communities
and the public to prevent and reduce the adverse impacts of
climate change and, at the same time, maximize the potential
benefits of climate change. It shall also be the policy of the State
to incorporate a gender-sensitive, pro-children and pro-poor
perspective in all climate change and renewable energy efforts,
plans and programs. In view thereof, the State shall strengthen,
integrate, consolidate and institutionalize government initiatives
to achieve coordination in the implementation of plans and
programs to address climate change in the contest of sustainable
development.
Further recognizing that climate change and disaster risk

reduction and management are closely interrelated and effective
disaster risk reduction and management will enhance adaptive
capacity to climate change, climate variability and extreme
climate events, the State shall integrate disaster risk reduction
into climate change programs and initiatives.
founded upon sound environmental considerations and the

principle of sustainable development, it is hereby declared the
policy of the State to systematically integrate the concept of
climate change in various phases of policy formulation,
development plans, poverty reduction strategies and other
development tools and techniques by all agencies and
instrumentalities of the government.
SEC. 4. Creation of the Climate Change Commission.

There is hereby established a Climate Change Commission,
hereinafter referred to as the Commission.
Thu Commission shall be an independent and autonomous body
and shall have the same status as that of a national government
agency. It shall be attached to the Office of the President.
The Commission shall be the lead policy-making body of
the government, which shall be tasked to coordinate, monitor
and evaluate the programs and action plans of the government in
order to ensure the mainstreaming of climate change into the
national, sectoral and local development plans and programs
pursuant to the provisions of this Act.
SEC. 5. Composition of the Commission. The Commission

shall be composed of the President, of the Republic of the
Philippines who shall serve as the Chairperson, and three (3)
Commissioners to be appointed by the President, one of whom
shall be appointed as Vice Chairperson of the Commission.
Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are
5

SEC. 18. Creation of the Peoples Survival Fund. A
Peoples Survival Fund (PSF) is hereby established as a special
fund in the National Treasury for the financing of adaptation
programs and projects based on the National Strategic
Framework. (according to Amb. Tolentino this is merely
suppletory to other climate change programs)
(e) Identification of potential co-benefits extending beyond

LGU territory;
(f) Maximization of multi-sectoral or cross-sectoral benefits;
(g) Responsiveness to gender-differentiated vulnerabilities;
and
(h) Availability of climate change adaptation action plan.
SEC. 19. Sources of the Fund

One billion pesos
(P1,000,000,000.00) shall be appropriated under the General
Appropriations Act (GAA) as opening balance of the 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
SEC. 21. The Peoples Survival Fund Board. There is
hereby created a Peoples Survival Fund Board, hereinafter
referred to as the PSF Board, which shall be lodged under the
Commission
SEC.
24. Prioritization
of
Fund
Allocation.
The Commission shall develop criteria to prioritize use of the

fund based on, but not. limited to, the following:
(a) Level of risk and vulnerability to climate change;
(b) Participation of affected communities in the design of the
project;
(c) Poverty reduction potential;
SEC. 25. Community Participation. To ensure transparency

and participation of vulnerable and marginalized groups in the
adaptation projects to be supported by the fund, community
representatives and/or NGO counterparts may participate as
observers in the project identification, monitoring and evaluation
process of the Commission.
BIOFUEL ACT
The act mandates the government to reduce the countrys

dependence on imported fuels, to phase out the use of
harmful gasoline additives, to rather use biofuels, and to
create an incentive scheme. With the creation of a
National Biofuel Board (NBB), it shall monitor the Biofuel
Program and ensure the sufficient supply of sugar to meet
the domestic demands
(d) Cost effectiveness and attainability of the proposal;
6
Implementing agency:
Main agency: Department of Energy
Supporting
agency/agencies:
Department
of
Environment and Natural Resources (DENR),
Department of Labor and Employment (DOLE),
Department of Finance (DOF), Department of
Science and Technology (DOST), Department of
Trade and Industry (DTI), Departent of Agriculture
(DOA), National Biofuel Board, Bureau of Internal
Revenue (BIR), the Bureau of Customs (BOC), the
Philippine Council for Industry and Energy
Research and Development (PCIERD), and local
government units (LGUs)
d) ensure the availability of alternative and renewable

clean energy without any detriment to the natural
ecosystem, biodiversity and food reserves of the country.
DEFINITION OF TERMS
law was legislated to develop and utilize renewable

energy, to mitigate toxic and greenhouse gas effects, to
decrease the countrys dependence on imported fuel and
to increase rural employment and income.
It mandated the incorporation of 1% biodiesel in diesel

and 5% bioethanol in gasoline by 2009.
DECLARATION OF POLICY: .reduce dependence on

imported fuels with due regard to the protection of public
health, the environment, and natural ecosystems
consistent with the countrys sustainable economic
growth that would expand opportunities for livelihood by
mandating the use of biofuels. as a measure to: a) develop
and utilize indigenous renewable and sustainably-sourced
clean energy sources to reduce dependence on imported
oil; b) mitigate toxic and greenhouse gas (GHG)
emissions; c) increase rural employment and income; and
c) Bioethanol - shall refer to ethanol (C&Ow)

produced
d) Biodiesel - shall refer to Fatty Acid Methyl Ester
(FAME) or mono-alkyl esters derived from
vegetable oils or animal fats and other biomassderived oils that shall be technically proven and
approved by the DOE for use in diesel engines,
with quality specifications in accordance with the
Philippine National Standards (PNS); 3
e) Bioethmol Fuel - shall refer to hydrous or
anhydrous bioethanol suitably denatured for use
as motor fuel, with quality specifications in
accordance with the PNS;
f) Biofuel - shall refer to bioethanol and biodiesel
and other fuels made from biomass and primarily
used for motive, thermal and power generation,
with quality specifications in accordance with the
PNS;
g) Biomass - shall refer to any organic matter,
particularly cellulosic or ligno-cellulosic matter,
which is available on a renewable or recurring
basis, including trees, crops and associated
7

residues, plant fiber, poultry litter and other
animal wastes, industrial wastes, and the
biodegradable component of solid waste;
concentration exceeding the limits to be

determined by the NBB
SEC. 4. Phasing Out of the Use of Harmful Gasoline

Additives and/or Oxygenates. - Within six months from the
effectivity of this Act
Incentive Scheme: specific tax, VAT,

wastewater charges, financial assistance
exempt
from
Primary Agency: Department of Energy
SEC. 12. Prohibited Acts. - The following acts shall be

prohibited
a) Diversion of biofuels, whether locally

produced or imported, to purposes other
than those envisioned in this Act;
b) Sale of biofuel-blended gasoline or diesel
that fails to comply with the minimum
biofuel-blend by volume in violation of the
requirement under Section 5 of this Act;
c) Dishibution, sale and use of automotive
fuel containing harmful additives such as,
but not limited to, MTBE at such
d) Noncompliance'with the established

guidelines of the PNS and DOE adopted for
the implementation of this Act; and
e) False labeling of gasoline, diesel, biofuels
and biofuelblended gasoline and diesel.
SOVEREIGNTY OVER NATURAL

RESOURCES: CHANGE OF CONCEPT OR
CHANGE OF PERCEPTION (BEDAN
REVIEW VOL. 1 ALABANG)
(READ FULL TEXT)
Take Note of the following
1. Change in the concept of Sovereignty
2. Permanent Sovereignty Over Natural Society?
3. Transboundary Natural Resources
4. Equitable Utilization that states are entitled to a
reasonable and equitable share in the beneficial uses of
transboundary natural resources. No use or category is
inherently superior to any other use or category of use
5. Should we relax the concept of sovereignty? Why?
6. Why toward humankind oriented from state- oriented
laws?
7. Functional Sovereignty
ENVIRONMENTAL GOVERNANCE:
SUSTAINABLE DEVELOPMENT
THORUGH ENVIRONMENTAL LAW
8
(BEDAN LAW JOURNAL_ MARCH 2010

PAGE 17
(READ FULL TEXT)
SUSTAINABLE DEVELOPMENT (Tagalog: Likaskayang pag-unlad) -often equated with development
without destruction. It is optimal development with
minimal destruction. In short, wise use of the
environment. By wise use is meant sustainable
utilization for the benefit of mankind in a way
compatible with the maintenance of the natural
elements of the ecosystem. It is, in other words, a
forward-looking development.
Things to take note of:
1. What is Environmental Law?
2. What is the role of man in the environment?
custodian.
3. What are MEAs or Multilateral Environment
Agreements?
4. Natural Resource Law : from use oriented to
resource oriented why?
5. Take note of the Conclusion of the readings
CASE : OROPOSA VS FORMOSA 224

SCRA 792 (WHAT IS SUSTAINABLE
DEVELOPMENT?)
FACTS:
The principal petitioners are all minors duly represented and
joined by their respective parents. Impleaded as an additional
plaintiff is the Philippine Ecological Network, Inc. (PENI), a
domestic non-stock and non-profit corporation organized for the
purpose of engaging in concerted action geared for protection of
the environment and natural resources. The original defendant

was Hon. Fulgencio Factoran, Jr., Secretary of DENR.
The complaint was instituted as a taxpayers class suit and
alleges that plaintiffs are all citizens of the Republic of the
Philippines, taxpayers, and entitled to the full benefit, use, and
enjoyment of natural resource treasure that is the countrys
virgin tropical forests.
The instant petition was filed to seek for the cancellation of all
existing timber license agreements (TLA) in the country and to
cease and desist from receiving, accepting, processing,
renewing, or approving new timber license agreements.
Minor petitioners contend that continued granting of timber
license constitutes a 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
protection by the State in its capacity as PARENS PATRIAE.
Petitioners likewise rely on respondents correlative obligation
per Sec. 4 of Executive Order 192, to safeguard the peoples
right to a healthful environment.
ISSUES:
(1) Whether the petitioners have locus standi
(2) Whether the petitioners failed to allege in their complaint a
specific legal right violated by the respondent Secretary for
which any relief is provided by law.
HELD:
(1) YES. They represent their generation as well as generations
yet unborn. Their personality to sue in behalf of the succeeding
generations can only be based on the concept of
INTERGENERATIONAL RESPONSIBILITY insofar as the
right to a balanced and healthful ecology is concerned.
9

Such a right as hereinafter expounded considers the rhythm
and harmony of nature. Nature means the created world in its
entirety. Such rhythm and harmony indispensably include, inter
alia, the judicious disposition, utilization, management, 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, development, and utilization be
equitably accessible to the present as well as future generations.
Every generation has a responsibility to the next to preserve that

rhythm and harmony for the FULL ENJOYMENT of a balanced
and healthful ecology. The minors assertion of their right to a
sound environment constitutes, at the same time, the
performance of their obligation to ensure the protection of that
right for the generations to come.
(2) NO. The Court does not agree with the trial courts
conclusions that the plaintiffs failed to allege with sufficient
definiteness a specific legal right involved or a specific legal
wrong committed, and that the complaint is replete with vague
assumptions and conclusions based on unverified data.
The complaint focuses on one specific fundamental legal right
the RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY
which is solemnly incorporated 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
political rights.
The right to a balanced and healthful ecology carries with it the
correlative right to refrain from impairing the environment.
ENVIRONMENTAL PROVISIONS OF 1987

CONSTITUTION
Sec. 16, Art. II: The State shall protect and advance
the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of
nature.
Sec. 2 (2), Art. XII: The State shall protect the
nations marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino
citizens.
Sec.5, Art. XII: The State, subject to the provisions of
this Constitution and national development policies
and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights or relations
in determining the ownership and extent of ancestral
domain. (Note: Indigenous peoples traditional
ecological knowledge is an integral part of
understanding the environment).
ROLE
OF
INSTITUTIONS
IN
ADMINISTRATION
GOVERNMENTAL
ENVIRONMENTAL
Department of Health (DOH)

o Has environmental health programs. These concerns
PREVENTING
ILLNESS
through
managing
the
environment. These are primarily concerned with effects
of the environment to health of people.
o Issues environmental sanitation clearance
Department of Agriculture (DA)
10

o
o
o
o
Executive branch responsible for the promotion of

agriculture and fisheries development and growth.
Emphasizes on the productivity and sustainability in the
use of agricultural resources.
Reports on areas where marine life has to be restored.
Extends assistance to LGUS in developing fisheries.
Department of Education (DepEd)

o Department responsible for ensuring access to,
promoting equity in, and improving the quality of basic
education.
o Integrates environmental education in schools curricula
(e.g. environmental laws concepts and principles), thus
promoting environmental awareness.
o Integrates lessons in pollution prevention, waste
management, environmental protection etc.
Department of Tourism
o Department responsible for the regulation of Philippine
tourism industry and promotion of the Philippines as a
tourist destination.
o Assumes prominent role in developing responsible
tourism thereby ensuring protection, preservation, and
promotion of resources.
o Promotes
tourism
industry
that
is
ecologically
sustainable.
Department of Public Works and Highways (DPWH)
o Department responsible for the safety of projects in the
field of public works. It is also responsible for the
maintenance of Philippine road network and irrigation
system.
o Responsible for removal and demolition of structures
obstructing free flow of water.
o Integrates environmental and social concerns into road
and infrastructure development projects.
o Utilizes Environmental Impact Assessment in its projects.
Philippine National Police (PNP)

o Enforces laws involving agriculture, environment, and
natural resources.
o Apprehends violators of environmental laws.
Department of Interior and Local Government (DILG)
o Improves
performance
of
local
governments
in
governance, administrative, social, and economic
development and ENVIRONMENTAL MANAGEMENT
(e.g. It may order LGUs to determine if they have proper
wastewater treatment facilities).
Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA).
o Government agency for weather forecasting, flood
control, astronomical observations, and time service.
o Maintains NATIONWIDE NETWORK pertaining to
observation and forecasting of weather and other
climatological conditions affecting national safety,
welfare, and economy.
o Undertakes researches on the structure, development,
and motion of typhoons and formulates measures for their
moderation.
o Maintains effective linkages with scientific organization
here and abroad, and promotes exchange of scientific
information and cooperation among personnel engaged in
atmospheric, geological, and astronomical studies.
DENR AND ITS BUREAUS

DENR: Reorganized under EO 192
PAB is under the Office of the president
Applicable: Doctrine of Exhaustion
(1) Ecosystems Research and Development Bureauprincipal research and development (R & D) unit of
11

DENR. Its R & D and extension activities are focused on
the 5 major ecosystems of the Philippines which include
forests, upland farms, grassland and degraded areas,
coastal zone and freshwater, and urban areas.
(2) Environmental Management Bureau (EMB)- the
primary government agency under the Department of
Environment and Natural Resources to formulate,
integrate, coordinate, supervise and implement all
policies, programs, projects and activities relative to the
prevention and control of pollution as well as the
management and enhancement of environment (e.g. It is
mainly
responsible
for the
implementation
and
enforcement of RA 8749 (Phil Clean Air Act of 1999).
(3) Forest Management Bureau (FMB)- provides
support for the effective protection, development,
occupancy management, and conservation of FOREST
LANDS and WATERSHEDS.
(4) Land Management Bureau (LMB)- As per
Executive Order 192, LMB shall ADVISE the Secretary on
matters pertaining to rational land classification,
management, and disposition.
It is an agency of the Philippine government under the
Department of Environment and Natural Resources
responsible for administering, surveying, managing, and
disposing Alienable and Disposable (A&D) lands and
other government lands not placed under the jurisdiction
of other government agencies.
(5) Mines and Geosciences
Bureau
(MGB)government agency responsible for the conservation,
management, development, and proper use of the
countrys
mineral
resources
including
those
in
reservations and lands of public domains.
(6) Protective Areas and Wildlife Bureau (PAWB)The Bureau shall have the following functions:
Formulate and recommend policies, guidelines,
rules and regulations for the establishment and
management of an Integrated Protected Areas
Systems such as national parks, wildlife
sanctuaries and refuge, marine parks, and
biospheric reserves;
Formulate an up-to-date listing of endangered
Philippine flora and fauna and recommend a
program of conservation and propagation of
the same;
Assist the Secretary in the monitoring and
assessment of the management of the
Integrated Protected Areas System and provide
technical assistance to the regional offices in
the implementation of programs for these
areas;
Formulate and recommend policies, guidelines,
rules and regulations for the preservation of
biological diversity, genetic resources, the
endangered Philippine flora and fauna;
Perform other functions as may be assigned by
the Secretary and/or provided by law.
POLLUTION ADJUDICATORY BOARD

The Pollution Adjudication Board (PAB) is a quasi-judicial body
created under Section 19 of Executive Order (E.O.) 192 for the
adjudication of pollution cases.
It is created under the Office of the Secretary. The Board shall be
composed of the Secretary as the Chairman, Two (2)
Undersecretaries as may be designated by the Secretary, the
12

Director of the Environmental Management Bureau (EMB), the
Three (3) others to be designated by the Secretary as members.
The Board shall assume the powers and functions of the
Commission/ Commissioners of the National Pollution Control
Commission (NPCC) with respect to the adjudication of pollution
cases under Republic Act 3931 and Presidential Decree 984.
General Mariano Alvarez, Carmona, Tagaytay City

in Cavite, Lucban, Quezon, City of Tanauan, towns
of Sto. Tomas and Malvar in Batangas, Cities of
Marikina, Pasig, Taguig, Muntinlupa, Pasay,
Caloocan, Quezon and town of Pateros in Metro
Manila.
The PAB is organizationally under the supervision of the Office of

the Secretary of the Department of Environment and Natural
Resources (the DENR) with Secretariat support provided by the
Environmental Management Bureau (EMB).
Special Powers and Functions

1) To make a comprehensive survey of the physical and
natural resources and potentialities of the Laguna Lake
region particularly its social and economic conditions,
hydrologic characteristics, power potentials, scenic and
tourist spots, regional problems, and on the basis thereof,
to draft a comprehensive and detailed plan designed to
conserve and utilize optimally the resources within the
region particularly Laguna de Bay to promote the region's
rapid social and economic development and upon
approval by the National Economic and Development
Authority (NEDA) Board of such plan, to implement the
same including projects in line with said plan: Provided,
That implementation of all fisheries plans and programs
of the authority shall require prior consensus of the
Bureau of Fisheries and Aquatic Resources to ensure that
such plans and programs are consistent with the national
fisheries plans and programs. For the purpose of said
survey, public agencies shall submit and private entities
shall provide necessary data except such data which
under existing laws are deemed inviolable.
Power and function maybe delegated to the DENR Regional

Officers in accordance with rules and regulations of the Board.
RA 4850 AN ACT CREATING THE LAGUNA

LAKE DEVELOPMENT AUTHORITY
The LLDA was organized by virtue of Republic Act No.

4850 as a quasi-government agency with regulatory and
proprietary functions. Through Presidential Decree 813 in
1975, and Executive Order 927 in 1983, its powers and
functions were further strengthened to include
environmental protection and jurisdiction over the lake
basins surface water. In 1993, through Executive Order
149, the administrative supervision over LLDA was
transferred from the Office of the President to the
Department of Environment and Natural Resources
(DENR).
LLDA has jurisdiction over the following towns/cities

he jurisdiction and scope of authority of Laguna
Lake Development Authority comprises the towns
of Rizal and Laguna Provinces, towns of Silang,
2) To provide the machinery for extending the necessary

planning, management and technical assistance to
prospective and existing investors in the region;
3) To make recommendation to the proper agencies on the
peso or dollar financing, technical support, physical
assistance and, generally, the level of priority to be
accorded agricultural, industrial and commercial projects,
soliciting or requiring direct help from or through the
government or any of its instrumentalities;
13
4) To pass upon and approve or disapprove all plans,

programs, and projects proposed by local government
offices/agencies within the region, public corporations,
and private persons or enterprises where such plans,
programs and/or projects are related to those of the
Authority for the development of the region as envisioned
in this Act. The Authority shall issue the necessary
clearance for approved proposed plans, programs, and
projects within thirty days from submission thereof unless
the proposals are not in consonance with those of the
Authority or that those will contribute to the
unmanageable pollution of the Laguna Lake waters or will
bring about the ecological imbalance of the region:
Provided, further, That the Authority is hereby
empowered to institute necessary legal proceeding
against any person who shall commence to implement or
continue implementation of any project, plan or program
within the Laguna de Bay region without previous
clearance from the Authority: Provided, furthermore, That
any local government office, agency, public corporation,
private person, or enterprise whose plans, programs
and/or projects have been disapproved by the Authority
may appeal the decision of the Authority to the NEDA
within fifteen (15) days from receipt of such disapproval
whose decision on the matter shall be final. Reasonable
processing fees as may be fixed by the Authority's Board
of Directors shall be collected by the Authority for the
processing of such plans, programs and/or projects:
Provided, finally, The expansion plans shall be considered
as new plans subject to review of the Authority and to
payment of the processing fees.
a. The Authority and national and local government
offices, agencies and public corporations shall
coordinate their plans, programs, projects and
licensing procedures with respect to the Laguna
Lake region for the purpose of drawing up a
Laguna Lake development plan which shall be
binding upon all parties concerned upon approval

of the NEDA board.
5) To engage in agriculture, industry, commerce, or other
activities within the region which may be necessary or
directly contributory to the socio-economic development
of the region, and, for this purposes, whether by itself or
in cooperation with private persons or entities, to
organize, finance, invest in, and operate subsidiary
corporations: Provided, That the Authority shall engage
only, unless public interest requires otherwise, in those
activities as are in the nature of new ventures or are
clearly beyond the scope, capacity, or interest or private
enterprises due to consideration of geography, technical
or capital requirements, returns on investment, and risk;
6) To plan, program finance/or undertake infrastructure
projects such as river, flood and tidal control works, waste
water and sewerage works, water supply, roads,
portworks, irrigation, housing and related works, when so
required within the context of its development plans and
programs including the readjustment, relocation or
settlement of population within the region as may be
necessary and beneficial by the Authority: Provided, That
should any project be financed wholly or in part by the
Authority, it is hereby authorized to collect reasonable
fees and tolls as may be fixed by its Board of Directors
subject to the approval of the NEDA Board from users
and/or beneficiaries thereof to recover costs of
construction, operation and maintenance of the projects:
Provided, further, That if the Authority should find it
necessary to undertake such infrastructure projects
which are classified, as social overhead capital projects as
determined by the NEDA, the Authority shall be
authorized to receive financial assistance from the
government in such amount as may be necessary to carry
out the said projects subject to such terms and condition
that may be imposed by the government, upon
recommendation of the NEDA Board: Provided, finally,
14

That such amount as may be necessary for the purpose is
hereby authorized to be appropriated out of the funds of
the National Treasury not otherwise appropriated.
7) To make an annual report to the stockholders regarding
the operation of the Authority more particularly a
statement
of
its
financial
conditions,
activities
undertaken, progress of projects and programs and plans
of actions for the incoming years: Provided, however, That
a majority of the stockholders may require the Authority
to submit report or reports other than the annual report
herein required, which report must be submitted within a
period of thirty (30) days from notice thereof;
8) To lend or facilitate the extension of financial assistance
and/or act as surety or guarantor to worthwhile
agricultural, industrial and commercial enterprises;
9) To reclaim or cause to the reclaimed portions of the Lake
or undertake reclamation projects and/or acquire such
bodies of land from the lake which may be necessary to
accomplish the aims and purposes of the Authority
subject to the approval of the NEDA Board: Provided,
That the land so reclaimed shall be the property of the
Authority and title thereto shall be vested in the
Authority: Provided, further, That the resulting lake shore
shall continue to be owned by the national government.
10) The provisions of existing laws to the contrary
notwithstanding, to engage in fish production and other
aqua-culture projects in Laguna de Bay and other bodies
of water within its jurisdiction and in pursuance thereof
to conduct studies and make experiments, whenever
necessary, with the collaboration and assistance of the
Bureau of Fisheries and Aquatic Resources, with the end
in view of improving present techniques and practice.
Provided, That until modified, altered or amended by the
procedure provided in the following sub-paragraph, the
present laws, rules and permits or authorizations remain
in force;
11) For the purpose of effectively regulating and monitoring

activities in Laguna de Bay, the Authority shall have
exclusive jurisdiction to issue new permit for the use of
the lake waters for any projects or activities in or
affecting the said lake including navigation, construction,
and operation of fishpens, fish enclosures, fish corrals and
the like, and to impose necessary safeguards for lake
quality control and management and to collect necessary
fees for said activities and projects: Provided, That the
fees collected for fisheries may be shared between the
Authority and other government agencies and political
sub-divisions in such proportion as may be determined by
the President of the Philippine upon recommendation of
the Authority's Board: Provided, further, That the
Authority's Board may determine new areas of fisheries
development or activities which it may place under the
supervision of the Bureau of Fisheries and Aquatic taking
into account the overall development plans and programs
for Laguna de Bay and related bodies of water: Provided,
finally, That the Authority shall subject to the approval of
the President of the Philippines promulgate such rules
and regulations which shall govern fisheries development
activities in Laguna de Bay which shall take into
consideration among others the following: socioeconomic
amelioration of bonafide resident fisherman whether
individually or collectively in the form of cooperatives,
lakeshore town development, a master plan for fishpen
construction and operation, communal fishing ground for
lakeshore town residents, and preference to lakeshore
town residents in hiring laborers for fishery projects.
12) To require the cities and municipalities embraced within
the region to pass appropriate zoning ordinances and
other regulatory measures necessary to carry out the
15

objectives of the Authority and enforce the same with the
assistance of the Authority.
13) The provisions of existing laws to the contrary
notwithstanding, to exercise water rights over public
waters within the Laguna de Bay region whenever
necessary to carry out the Authority's projects;
14) To act in coordination with existing governmental
agencies in establishing water quality standards for
industrial, agricultural and municipal waste discharges
into the lake and to cooperate with said existing agencies
of the government of the Philippines in enforcing such
standards, or to separately 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 appropriate water quality standard to be enforced
such conflict shall be resolved thru the NEDA Board;
15) To develop water supply from ground and/or lake water
resources for municipal, agricultural and industrial
usages, in coordination with the National Water
Resources Council created by Presidential Decree No.
424 dated March 28, 1974 or its successors in interests,
and to enter into agreements with municipalities,
governmental agencies and corporations and the private
sector to supply, distribute and market such water;
16) Undertake studies on the improvement and maintenance
of the desirable lake water quality of Laguna de Bay, and
in pursuance thereof, prepare a water quality
management program on a continuing basis, subject to
the approval of the NEDA, which the Authority shall carry
out with the assistance and support of all national and
local government units involved in water quality
management.
EO 927 FURTHER DEFINING CERTAIN

FUNCTIONS AND POWERS OF THE
LAGUNA
LAKE
DEVELOPMENT
AUTHORITY
-Further defines certain functions and powers of the Laguna
Lake Development Authority.
Additional Powers and Functions of LLDA under E.O 927:
1. Issue standards, rules and regulations to govern the
approval of plans and specifications for sewage works and
industrial waste disposal system and the issuance of
permits in accordance with the provisions of this
Executive
Order;
inspect
the
construction
and
maintenance of sewage works and industrial waste
disposal systems for compliance to plans.
2. Adopt, prescribe, and promulgate rules and regulations
governing the Procedures of the Authority with respect to
hearings, plans, specifications, designs, and other data
for sewage works and industrial waste disposal system,
the filing of reports, the issuance of permits, and other
rules and regulations for the proper implementation and
enforcement of this Executive Order.
3. Issue orders or decisions to compel compliance with the
provisions of this Executive Order and its implementing
rules and regulations only after proper notice and
hearing.
4. Make, alter or modify orders requiring the discontinuance
of population specifying the conditions and time within
which such discontinuance must be accomplished.
16

5. Issue, renew, or deny permits, under such conditions as it
may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage,
industrial waste, or for the installation or operation of
sewage works and industrial disposal system or parts
thereof: Provided, however, that the Authority, by rules
and regulations, may require subdivisions, condominiums,
hospitals, public buildings and other similar human
settlements to put up appropriate central sewerage
system and 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
only domestic or sanitary wastes from a single residential
building provided with septic tanks or their equivalent.
The Authority may impose reasonable fees and charges
for the issuance or renewal of all permits herein required.
6. After due notice and hearing, the Authority may also
revoke, suspend modify any permit issued under this
Order whenever the same is necessary to prevent or
abate pollution.
7. Deputize in writing or request assistance of appropriate
government agencies or instrumentalities for the purpose
of enforcing this Executive Order and its implementing
rules and regulations and the orders and decisions of the
Authority.
8. Authorize its representative to enter at all reasonable
times any property of the public dominion and private
property devoted to industrial, manufacturing, processing
or commercial use without doing damage, for the purpose
of inspecting and investigating conditions relating to
pollution or possible or imminent pollutions.
9. Exercise such powers and perform such other functions
as may be necessary to carry out its duties and
responsibilities under this Executive Order.
Further, to effectively regulate and monitor activities in the

Laguna de Bay region, the Authority shall have exclusive
jurisdiction to issue permit for the use of all surface water for
any projects or activities in or affecting the said region including
navigation, construction, and operation of fishpens, fish
enclosures, fish corrals and the like.
CASE: PAB vs CA GT 93891 March 11,

1991
FACTS:
Solar Textile Finishing Corporation was involved in bleaching,
rinsing, and dyeing textiles with wastewater being directly
discharged into a canal leading to adjacent Tullahan-Tinejeros
River.
Petitioner Board, an agency charged with the task of
determining whether effluents of a particular industrial
establishments comply with or violate applicable anti-pollution
statutory and regulatory provisions have been remarkably
forbearing, enforced the applicable standards vis--vis Solar.
Petitioner issued an ex parte order directing Solar to
immediately cease and desist from utilizing its wastewater
pollution source installations. Solar then went to the RTC on
petitioner for certiorari. Case was, however, dismissed due to the
following:
Appeal, not certiorari, is the proper remedy.

Boards subsequent order allowing Solar to operate
temporarily rendered Solars petition moot and academic.
17

CA reversed the order of dismissal and declared the Writ of
Execution null and void. It held that certiorari is the proper
remedy since the order of petitioner would result in great and
irreparable damage to Solar.
Petitioner asked the Supreme Court to review CAs decision. It
claimed that ex-parte 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 establishment where there is prima facie evidence that such
establishment is discharging wastewater, the pollution level
exceeds the maximum permissible standards set by the Board.
Respondents contention: No threat to life, public health safety
or welfare.
ISSUE: Whether the CA erred in reversing the Trial Courts
decision.
HELD:
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 health, safety exists
before an ex-parte cease and desist order may be issued. It is
enough if the Board finds that the wastes discharged do exceed
the allowable standards set by the Board.
CASE: LLDA vs
December 7, 1995
CA
GR
FACTS:
120865-71
Laguna Lake Development Authority (LLDA)

was created
through RA No. 4850 in order to execute the policy of towards
environmental protection and sustainable development so as to
accelerate the development and balanced growth of the Laguna
Lake Area and the surrounding provinces and towns.
EO 927 further defined and enlarged the powers and functions of
LLDA and enumerated towns, cities, and provinces encompassed
by the term Laguna de Bay Region.
Upon the implementation of RA No. 7160 (Local Government
Code), the municipalities assumed EXCLUSIVE JURISDICTION
and authority to issue fishing privileges within their municipal
waters since Sec. 149 thereof provides that Municipal
corporations shall have authority to grant in municipal waters
and impose rental fees or charges thereof.
Big fish pen operators took advantage of the occasion to
establish fish pens and fish cages to the dismay of LLDA.
Implementation of separate, independent policies in fish
cages/fish pen operation and the INDISCRIMINATE grant of fish
pen permits by the lakeshore municipalities aggravated the
current environmental problems and ecological stress of Laguna
Lake.
LLDA then served notice to general public that:
Fish pens, cages, and other aquaculture structures

unregistered with LLDA are declared illegal;
Those declared illegal shall be subject to demolition;
Owners of those declared illegal shall be criminally
charged with violations of provisions of RA No. 4850/PD
813.
A month later, LLDA sent notices advising the owner of the

illegally constructed fish pens/cages and aqua structures,
advising them to dismantle their respective structures otherwise
demolition shall be effected.
18

environment of the province is hereby adopted. Such
framework shall be known as the Strategic Environmental
Plan for Palawan, hereinafter referred to as SEP, and shall
serve to guide the local government of Palawan and the
government agencies concerned in the formulation and
implementation of plans, programs and projects affecting
said province.
ISSUE:
Which agency of the governmentLLDA or
towns/municipalities comprising the regionshould exercise
jurisdiction over the Laguna Lake and its surrounding district
insofar as issuance of permits for fishing privileges is concerned.
HELD:
LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927,
specifically provide that the 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 has granted municipalities exclusive
authority to grant fishery privilege on municipal waters.
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 legislative
intent more clearly than general statute. Special law cannot be
repealed, amended, or altered by a subsequent general law by
mere implications.
Moreover, the powers of LLDA , for the purpose of effectively
rehabilitating and monitoring Laguna de Bay, partakes of the
nature of police power, most pervasive, least limitable, most
demanding of all state powers.
SEC. 5 Strategic Environmental Plan (SEP)

Philosophy. - The SEP shall have as its general
philosophy, the sustainable development of Palawan,
which is the improvement in the quality of life of its
people in the present and future generations through the
use of complementary activities of development and
conservation that protect life-support ecosystem and
rehabilitate
exploited
areas
to
allow
upcoming
generations to sustain development growth.
o
(1) Ecological viability - The physical and

biological cycles that maintain the productivity of
natural ecosystems must always be kept intact.
(2) Social acceptability - The people themselves,

through participatory process, should be fully
committed to support sustainable development
activities by fostering equity in access to resources
and the benefits derived from them.
(3) Integrated approach - This allow for a holistic

view of problems and issues obtaining in the
environment as well as opportunities for
PD 7611STRATEGIC ENVIRONMENTAL
PLAN (SEP) FOR PALAWAN ACT
SEC.
4
Strategic
Environmental
Plan. A
comprehensive
framework
for
the
sustainable
development of Palawan compatible with protecting and
enhancing the natural resources and endangered
19
coordination and sharing that will eventually

provide the resources and political will to actually
implement and sustain SEP activities.
and shipment of live marine coral-dwelling aquatic organisms for

5 years within Palawan waters.
SEC. 6 Legal effects. - The SEP shall serve as the

framework to guide the government agencies concerned
in the formulation and implementation of plans, programs
and projects affecting the environment and natural
resources of Palawan
Petitioners now alleged that they have the preferential rights as

marginal fishermen granted with privileges provided in Sec. 149
of the Local Government Code, invoking the invalidity of the
enactments as violative of their preferential rights.
Petitioners Airline Shippers Association of Palawan, together

with marine merchants, were charged for violating the above
ordinance and resolution by the city and provincial governments.
ISSUE: Whether the enactments are violative of preferential

rights.
HELD:
SEC. 7 Environmentally Critical Areas Network

(ECAN) - The SEP shall establish a graded system of
protection and development control over the whole of
Palawan, including its tribal lands, forest, mines,
agricultural areas, settlement areas, small islands
mangroves, coral reefs, seagrass beds and the
surrounding sea.
CASE: TANO VS. SOCRATES 278 SCRA 154
No. Enactments are valid exercise of police power of LGU to

protect public interests and the public rights to a balanced and
healthful ecology.
Rights and privileges invoked by petitioner are not absolute. The
General Welfare Clause of the Local Government Code mandates
for the liberal interpretation in giving the LGUs more powers to
accelerate economic development and to upgrade the life of
people in the community. LGUs are then empowered to enact
fishery laws in its municipal waters which necessarily

include the enactment of ordinances in order to effectively
carry out enforcement of fishery laws in the community.
FACTS:
The Sangguniang Panglungsod of Puerto Princesa enacted
Ordinance No. 15-92 banning the shipment of live fish and
lobster outside Puerto Princesa City for a period of 5 years. In
the same light, the SP Palawan also enacted a Resolution that
prohibits the catching, gathering, buying, selling, possessing,
CASE: MMDA VS CONCERNED CITIZENS

OF MANILA BAY GR 171947 DECEMBER
8, 2008
20

FACTS:
At the core of this case is Manila Bay, a place with proud historic
past, once brimming with marine life, but now a dirty and slowly
dying expanse mainly due to official indifference of people and
institutions that could have otherwise made a difference.
Respondents Concerned Residents filed a complaint before the
RTC in Imus, Cavite against several government agencies,
among them the petitioners, for the cleanup, rehabilitation, and
protection of Manila Bay and to submit to RTC a concerted
concrete plan of action for the purpose.
The complaint alleged the following:
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 fecal coliform
content is beyond the standard.
The continued neglect of officials violates several laws
With the reckless, accumulated, and ongoing acts, omission,

commission of defendants resulting in clear and present danger
to public health and in the depletion and contamination of the
marine life of Manila Bay, the RTC held petitioner liable and
ordered to clean up and rehabilitate Manila Bay and to restore
its water quality to class B waters fit for swimming, skin-diving,
and other forms of contact recreation.
Petitioners appealed before the CA contending that the
provisions of Environmental 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 ministerial act which can be compelled by mandamus.
ISSUES:
(1) Whether Sec. 17 and 20 f PD 1152 under the headings,
Upgrading of Water Quality and Clean-Up Operations,
envisage a clean-up in general or are they limited only to

the cleanup of specific pollution incidents?
(2) Can petitioner be compelled by mandamus to clean up
and rehabilitate Manila Bay?
HELD:
(1) NO. Sec. 17 does not state that government agencies
concerned ought to confine themselves to containment,
removal, and cleaning operations when specific pollution
incident occurs.
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 where its
state will adversely affect its best usage. This is not
conditional on occurrence of any pollution incident.
(2) YES. SC held that cleaning up and rehabilitating Manila
Bay is ministerial in nature and can be compelled by
mandamus. Sec. 3 (c) of RA No. 7924 (law creating
MMDA) is mandated to put up an adequate and
appropriate 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 statutory
obligations).
PHILIPPINE ENVIRONMENT POLICY PD

1151
Purpose: To protect the right of the people to a healthy
environment through a requirement of environmental impact
assessments and statements
POLICY
21
It is hereby declared a continuing policy of the State (a)

to create, develop, maintain and improve conditions
under which man and nature can thrive in productive and
enjoyable harmony with each other, (b) to fulfill the social,
economic and other requirements of present and future
generations of Filipinos, and (c) to insure the attainment
of an environmental quality that is conducive to a life of
dignity and well-being.
GOAL: (pertains to sustainable development/wise use concept

during this time was not yet recognized or known)
recognize, discharge, and fulfil the responsibilities of
each generation as trustee and guardian of the
environment for the succeeding generations,
(b) assure the people of a safe, decent, helpful,
productive, and aesthetic environment,
(c) encourage the widest exploitation of the environment
without degrading it, or endangering human life, health,
and safety or cr4eating conditions adverse to agriculture,
commerce, and industry,
(d) preserve important historic and cultural aspects of the
Philippine heritage,
(e) attain a rational and orderly balance between
population and resource use,
(f) improve the utilization of renewable and nonrenewable resources.
RIGHT TO A HEALTHY ENVIRONMENT
the government recognizes the right of the people to a
healthful environment. It shall be the duty and
responsibility of each individual to contribute to the
preservation and enhancement of the Philippine
environment.
ENVIRONMENTAL IMPACT STATEMENTS
Pursuant to the above enunciated policies and goals, all
agencies
and
instrumentalities
of
the
national
government, including all government owned and
controlled corporations as well as private corporations

and firms and entities shall prepare, file, and include in
every action, project, or undertaking which significantly
affects the quality of the environment a detailed
statement
CLASS NOTES:
Policy direction / guide
PHILIPPINE ENVIRONMENTAL CODE PD

1152
Purpose: To achieve and maintain such levels of air quality as
to protect public health and to prevent to the greatest extent
practicable, injury and/or damage to plant and animal life and
property, and promote the social and economic development of
the country
Features:
(1) Provided a comprehensive program of environmental
protection and management.
The Code established
specific environment management policies and prescribes
environmental quality standards.
(2) To achieve and maintain such levels of air quality as to
protect public health and to prevent to the greatest extent
practicable, injury and/or damage to plant and animal life
and property, and promote the social and economic
development of the country
(3) Prescribe management guidelines to protect and improve
water quality through: classification of Philippine waters,
22

establishment of water quality standards, protection and
improvement of the quality of the Philippine water
resources, and responsibilities for surveillance and
mitigation of pollution incidents
(4) Set guidelines for waste management with a view to
ensuring its effectiveness, encourage, promote and
stimulate technological, educational, economic and social
efforts to prevent environmental damage and unnecessary
loss of valuable resources of the nation through recovery,
recycling and re-use of wastes and wastes products, and
provide measures to guide and encourage appropriate
government agencies in establishing sound, efficient,
comprehensive and effective wastes management
covering both solid and liquid wastes
NOTE: For PD 1152, usually, Ambatol gives the student reciting
much leeway on choosing a specific title he/she wants to recite
on. For example: Title II: Water Quality Management. So, make
sure to read one specific title thoroughly.
OTHER TOPICS:
5. Waste Management
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance
Section 53. Environmental Education. The Department

of Education and Culture shall integrate subjects on
environmental education in its school curricula at all
levels
Section
55. Monitoring
Environmental Information of
shall keep itself informed
developments by obtaining
from foreign sources
Section 56. Incentives. To operate the installation and

the utilization of pollution control facilities (according to
Amb. Tolentino some of the provision of this section was
stopped since it was abused it became a controversial
issue)
Section 57. Financial Assistance/Grant.
Section 58. Participation of Local Government Units and

Private Individuals. It shall be the responsibility of local
government units as well as private individuals to actively
participate in the environmental management and
protection programs of the government.
1. Air Quality Management
and
Dissemination
of
Foreign Origin. The Council
of current environmental
information and literature
2. Water Quality Management

3. Land Use Management (land use, industrial lands,)
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, mineral resources)
23

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 of the country such as sites, structures,
artifacts, documents, objects, memorials and priceless
trees.
CLASS NOTES:
This law sets the standards for quality
It also incite cooperation and coordination (not only

government offices but everyone)
NPCC NPEC Reorganized to become DENR (NPCC

and NPEX is under the EMB)
ESTABLISHING
AN
ENVIRONMENTAL
IMPACT STATEMENT PD1586
OVERVIEW:
it is the study of the environment WITH or
WITHOUT the chemical project
Law establishing an environmental impact statement
system, including other environmental managementrelated measures.
This is a PLANNING/MANAGEMENT tool
EIA procedure
EIS document passed to the Department
Purpose: To attain and maintain a rational and orderly balance

between socio-economic growth and environmental protection
This
established
an
ENVIRONMENTAL
IMPACT
STATEMENT SYSTEM founded and based on environmental
impact statement, required under Section 4 of P.D. No. 1151, of
all agencies, instrumentalities of national government, including
GOCCs, as well as private corporations and entities for every
proposed project/undertaking which significantly affect the
quality of the environment.
Section 4 of P.D. No. 1151 provides:
Section 4. Environmental Impact Statements. Pursuant to the
above enunciated policies and goals, all agencies and
instrumentalities of the national government, including
government-owned or controlled corporations, as well as private
corporations firms and entities shall prepare, file and include in
every action, project or undertaking which significantly affects
the quality of the environment a detail statement on:
(a) The environmental impact of the proposed action, project or
undertaking
(b) Any adverse environmental effect which cannot be avoided
should the proposal be implemented;
(c) Alternative to the proposed action;
(d) a determination that the short-term uses of the resources of
the environment are consistent with the maintenance and
enhancement of the long-term productivity of the same; and
(e) Whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and
commitment are warranted.
WHO DECLARES THE CRITICAL AREAS
Section 4. Presidential Proclamation of Environmentally
Critical Areas and Projects. - The President of the
Philippines may, on his own initiative or upon
recommendation
of
the
National
Environmental
24

Protection Council, by proclamation declare certain
projects, undertakings or areas in the country as
environmentally critical. No person, partnership or
corporation shall undertake or operate any such declared
environmentally critical project or area without first
securing an Environmental Compliance Certificate issued
by the President or his duly authorized representative.
FEATURES:
Declared environmentally critical projects and areas are
required to obtain an Environmental Compliance
Certificate before operation
Environmentally Critical Projects includes
1. heavy industries,
2. resource extractive industries,
3. infrastructure projects,
4. golf course projects
Characteristics of Environmentally Critical Areas:
Areas declared by law as natural parks, watershed
reserves, wildlife reserves, and sanctuaries
Areas set aside as aesthetic, potential tourist spots
Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine wildlife (flora
and fauna)
Areas of unique historical, archeological, geological or
scientific interests
Areas which are traditionally occupied by cultural
communities or tribes
Areas frequently visited and/or hard hit by natural
calamities (geologic hazards, floods, typhoons, volcanic
activity, etc.)
Areas of critical slope
Areas classified as prime agricultural lands
Recharged areas of aquifers
Waterbodies
Mangrove areas
Coral reefs
Violators shall be punished by the suspension of

cancellation of his/its certificate and or fine for each
violation
PROCLAMATION 2146 (ENVIRONMENTALLY CRITICAL AND

WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT
STATEMENT SYSTEM ESTABLISHED UNDER PRESIDENTIAL
DECREE NO. 1586.)
A. Environmentally Critical Projects
a. Heavy Industries
i. Non-ferrous metal industries
ii. Iron and steel mills
iii. Petroleum and petro-chemical industries
including oil and gas
iv. Smelting plants
b. Resource Extractive Industries
i. Major mining and quarrying projects
ii. Forestry projects
1. Logging
2. Major wood processing projects
25

3.
Introduction of fauna (exoticanimals) in public/private forests
4. Forest occupancy
b.
Areas set aside as aesthetic potential tourist

spots;
c.
Areas which constitute the habitat for any

endangered or threatened species of indigenous
Philippine Wildlife (flora and fauna);
d.
Areas of unique historic, archaeological, or

scientific interests;
5. Extraction of mangrove products

6. Grazing
iii. Fishery Projects
1.
Dikes for/and fishpond development

projects
e. Areas which are traditionally occupied by cultural

communities or tribes;
f.
c. Infrastructure Projects
Areas frequently visited and/or hard-hit by natural

calamities (geologic hazards, floods, typhoons,
volcanic activity, etc.);
i. Major dams
g. Areas with critical slopes;
ii.
Major power plants (fossil-fueled, nuclear

fueled, hydroelectric or geothermal)
h. Areas classified as prime agricultural lands;
iii. Major reclamation projects
i.
Recharged areas of aquifers;
iv. Major roads and bridges
j.
Water bodies characterized by one

combination of the following conditions;
or
any
i. tapped for domestic purposes

B. Environmentally Critical Areas
a. All areas declared by law as national parks,
watershed reserves, wildlife preserves and
sanctuaries;
ii. within the controlled and/or protected

areas declared by appropriate authorities
iii. which support wildlife and fishery activities
26

k. Mangrove areas characterized by one or any
combination of the following conditions:
i. with primary pristine and dense young
growth;
ii. adjoining mouth of major river systems;
iii.
near or adjacent to traditional productive

fry or fishing grounds;
iv. which act as natural buffers against shore

erosion, strong winds and storm floods;
v.
l.
on which people are dependent for their

livelihood.
Coral reefs characterized by one

combinations of the following conditions
or
any
i.
With 50% and above live coralline cover;
ii.
Spawning and nursery grounds for fish;
iii. which act

coastlines.
as
natural
breakwater
of
What is an ENVIRONMENTAL IMPACT ASSESSMENT

(EIA)?
It is the process of predicting the likely environmental
consequences of implementing a project or undertaking,
and designing appropriate preventive, mitigating and
enhancement measures.
EIA provides options for the project to be implemented

with assurance that the quality of the environment and
well- being of people will be safe-guarded. HENCE, EIA
is a PLANNING TOOL.
REAL PURPOSE OF EIA:
1. To aid the proponent/applicant on environmental
considerations prior to starting construction works on the
project.
2. To aid agencies in considering EIA results in their
decision making for their respective permitting system
ENVIRONMENTALLY CRITICAL PROJECTS (ECP):
The project include activities that have significant
environmental consequences
A project in this category is likely to have significant
adverse impact that may be sensitive, irreversible and
diverse. If the project is an ECP, an EIS document will
have to be submitted. It will be the Environmental
Management Bureau (EMB-Manila) that has jurisdiction
on the matter. In other words, a project that is
categorized as an ECP falls under the authority of the
EMB and must follow the steps identified with the
preparation of an EIS.
EIA STAGES
1. Screening - Determines if a project is covered or not
covered by the PEISS (Philippine Environmental Impact
Statement System). If a project is covered, screening
further determines what document type the project
should prepare to secure the needed approval, and what
the rest of the requirements are in terms of EMB office of
application, endorsing and decision authorities, duration
of processing.
2. Scoping - Identifies the most significant issues/impacts
of a proposed project, and then, delimits the extent of
baseline information to those necessary to evaluate and
mitigate the impacts.
27

3. EIA Study and Report Preparation - Involves a
description of the proposed project and its alternatives,
characterization of the project environment, impact
identification and prediction, evaluation of impact
significance,
impact
mitigation,
formulation
of
Environmental Management and Monitoring Plan,
4. EIA Report Review and Evaluation - An EMB
procedural screening for compliance to minimum
requirements specified during Scoping, followed by a
substantive review of either composed third party experts
commissioned by EMB as the EIA Review Committee for
PEIS/EIS-based applications, or DENR/EMB internal
specialists, the Technical Committee, for IEE based
applications.
5. Decision Making - Involves evaluation of EIA
recommendations and the draft decision document,
resulting to the issuance of an ECC, CNC or Denial Letter.
When approved, a covered project is issued its certificate
of Environmental Compliance Commitment (ECC) while
an application of a non-covered project is issued a
Certificate of Non-Coverage (CNC).
6. Monitoring, Validation and Evaluation - Assesses
performance of the Proponent against the ECC and its
commitments in the Environmental Management and
Monitoring Plans to ensure actual impacts of the project
are adequately prevented or mitigated.
CASE: RP VS CITY OF DAVAO 388 SRA 691

FACTS:
Management Bureau (EMB). Attached is a certificate from

Planning & Development Office that the project is not located in
a critical area.
EMB denied application. It found:
Davao is located in an environmentally-critical area.
It must undergo Environmental Impact Assessment
process and submit EIS.
Davao filed a petition for mandamus and injunction with the
RTC. RTC granted. It held that nothing in P.D. No. 1586 requires
LGU to comply.
ISSUES:
1. Whether Davao City, as a local government unit, is
covered by PD No. 1586.
2. Whether CNC should be issued to it.
HELD:
1. YES. Sec. 16 of the Local Government Code states that
among the duties of an LGU is to promote peoples right
to a balanced ecology. Hence, it is not exempt
Also, as per the Civil Code, a person is either natural or
juridical. The State and its political subdivisions are
juridical persons. Hence, LGU is a person covered by PD
No. 1586.
2. YES. Davao has sufficiently shown that the project area is
not environmentally-critical. Proclamation 2146 laid down
all the environmentally-critical areas/projects. The Sports
Dome does not fall under any of the categories.
City of Davao filed an application for a Certificate of NonCoverage (CNC) for its proposed project, the ARTICA Sports
Dome. The application was filed with the DENR-Environmental
28
CLEAN AIR ACT RA8749 1999

DECLARATION OF PRINCIPLES
The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature
The State shall promote and protect the global

environment to attain sustainable development while
recognizing
the
primary
responsibility
of
local
government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning
the habitat and environment is primarily area-based. The
State also recognizes the principle that "polluters must
pay".
Finally, the State recognizes that a clean and healthy
environment is for the good of all and should therefore be
the concern of all.
WHAT? outlines the governments measures to REDUCE air

pollution and INCORPORATE environmental protection into its
development plans.
It mandates the various government agencies to do the following
in support of the Act:
1. Department of Environment and Natural Resources
(DENR) act as overall of the lead agency; prepare a
National Air Quality Status Report which shall be used as
a basis in formulating the Integrated Air Quality
Improvement Framework; issue rules and regulations in
the implementation of the Act.
2. Department of Transportation and Communication
(DOTC) in coordination with the DENR in case of
industrial dischargers and the DOTC, in case of motor
vehicles, shall, based on environmental techniques,

design, impose on and collect regular emission fees from
all said dischargers as part of the emission permitting
system or vehicle registration renewal system, as the case
may be; implement the emission standards for motor
vehicles
3. Department of Science and Technology (DOST)
with the DENR, other agencies, private sector , the
academe, non-government organizations and peoples
organization, shall establish a National Research
Development Program for the prevention and control of
air pollution.
4. Department of Trade and Industry (DTI) , DOST
Local Government Units (LGUs) - together with the
DENR shall develop an action plan for the control and
management of air pollution from motor vehicles with the
Integrated Air Quality Management Framework.
5. DOTC, DTI and DENR - shall establish the procedures
for the inspection of motor vehicles and the testing of
their emissions for the purpose of determining the
concentration and/or rate of emission of pollutants
discharged by the said sources.
6. Department of Energy (DOE) co-chaired with the
DENR, in consultation with the Bureau of Product
Standards of DTI, DOST with the fuel and
automotive industries, academe and the consumers
shall set specifications for all types of fuel and fuelrelated products, to improve fuel composition for
increased efficiency and reduced emissions.
7. Philippine
Atmospheric,
Geophysical
and
astronomical Service Administration (PAGASA)
shall regularly monitor meteorological factors affecting
environmental conditions including ozone depletion and
greenhouse gases.
29

8. Philippine Nuclear Research Institute (PNRI) with
the DENR shall regulate all projects which will involve
the use of atomic and/or nuclear energy, and will entail
relaease of radioactive substances into the environment,
incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling,
transport , production , storage and use of radioactive
materials.
a. Manufacture, Importation, Sale, Offer for Sale,

Introduction into Commerce, Conveyance or other
Disposition of Leaded Gasoline
9. Department of Education (DepEd), Commission on

Higher Education (CHED) , Department of Interior
and Local Governments (DILG) and the Philippine
Information Agency ( PIA) shall encourage
participation of government agencies and the private
sector including NGOs, POs, academe, environmental
groups and other private entities in a multi-sectoral
campaign.
c. Misfuelling
PROHIBITED ACTS
1. BURNING
a. Burning of Municipal Waste
b. Burning of Hazardous Substances and Wastes
c. Burning of Bio-Medical Waste (Incineration)
2. SMOKING
a. Smoking in Public Places
3. FUEL RELATED ACTS
b. Manufacture, Processing, Trade of Fuel or Fuel

Additive Without Prior Registration of the Fuel or
Fuel Additive with the DOE
COVERED BY CLEAN AIR ACT

A. POLLUTION FROM MOTOR VEHICLES- refers to vehicle
like cars, trucks, buses, jeepneys, tricycles, motorcycles and
vans.
B. POLLUTION FROM STATIONARY SOURCES- refers
industrial firms and smokestacks of power plants, hotels and
other establishments.
With respect to any trade, industry, process and fuel burning
equipment or industrial plant emitting air pollutants, the
concentration at the point of emission shall not exceed the
following limits:
All stationary sources must comply with the National

Emission Standards for Source Specific Air Pollutants
(NESSAP) and National Ambient Air Quality Standards
(NAAQS) and must secure their permit to operate, prior
to operation.
30

C. POLLUTION FROM OTHER SOURCES- refers to sources of
emission other than the above. These include smoking, burning
of garbage, and dust from construction, unpaved grounds, etc.
CLEAN WATER ACT RA 9279 2004
discharges coming from non-point sources be categorized

and further defined pursuant to this Act: Provided,
further, That the Bureau of Fisheries and Aquatic
Resources (BFAR) of the DA shall be primarily responsible
for the prevention and control of water pollution for the
development, management and conservation of the
fisheries and aquatic resources;
-aims to protect the countrys water bodies from pollution from

land-based sources, industries and commercial establishments,
agriculture and community (household activities).
(4) DOH shall be primarily responsible for the promulgation,

revision and enforcement of drinking water quality
standards;
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 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 enforced irrespective of
sources of pollution.
(5) DOST, in coordination with the Department and other

concerned agencies, shall prepare a program for the
evaluation,
verification,
development
and
public
dissemination of pollution prevention and cleaner
production technologies; and
It mandates the various government agencies to do the following

in support of the Act:
(1) Philippine Coast Guard in coordination with DA and the
Department shall enforce for the enforcement of water
quality standards in marine waters, set pursuant to this
Act, specifically from offshore sources;
(6) Department of Education (DepEd), Commission Higher

Education (CHED), Department of the Interior and Local
Government (DILG) and Philippine Information Agency
(PIA) shall assist and coordinate with the Department in,
the preparation and implementation of a comprehensive
program pursuant to the objectives of this Act.
The Act also outlines the beneficial use of water (as follows):
(2) DPWH through its attached agencies, such as the MWSS,

LWUA, and including other urban water utilities for the
provision or sewerage and sanitation facilities and the
efficient and safe collection, treatment and disposal of
sewage within their area of jurisdiction;
Beneficial use - means the use of the environment or any

element or segment thereof conducive to public or private
welfare, safety and health; and shall include, but not be limited
to, the use of water for domestic, municipal, irrigation, power
generation, fisheries, livestock raising, industrial, recreational
and other purposes.
(3) DA, shall coordinate with the Department, in the

formulation of guidelines for the re-use of wastewater for
irrigation and other agricultural uses and for the
prevention, control and abatement of pollution from
agricultural and aquaculture activities: Provided, That
1. Use of water for domestic purposes - means the utilization

of water for drinking, washing, bathing, cooking or other
household needs, home gardens and watering of lawns or
domestic animals;
31
2. Use of water for municipal purposes - means the

utilization of water for supplying water requirements of the
community;
3. Use of water for irrigation - means the utilization of water
for producing agricultural crops;
4. Use of water for power generation - means the utilization
of water for producing electrical or mechanical power;
5. Use of water for fisheries - means the utilization of water
for the propagation of culture of fish as a commercial enterprise;
6. Use of water for livestock raising - means the utilization of
water for large herds or flocks of animals raised as a commercial
enterprise;
7. Use of water for industrial purposes - means the utilization
of water in factories, industrial plants and mines, including the
use of water as an ingredient of a finished product; and
8. Use of water for recreational purposes - means the
utilization of water for swimming pools, bath houses, boating,
water skiing, golf courses and other similar facilities in resorts
and other places of recreation.
ECOLOGICAL SOLID WASTE ACT RA 9003

This law aims for the reduction of solid waste through source
reduction and waste minimization measures, treatment and
disposal of solid waste in accordance with ecologically
sustainable development principles.
It also aims to ensure the proper segregation, collection,
transport, storage, treatment, and disposal of solid waste
through the formulation and adoption of the best environmental
practice in ecological waste management

INCINERATION [burning of waste].
EXCLUDING
R.A. No. 9003 considers waste as a resource that can be

recovered,
emphasizing
RECYCLING,
REUSE,
and
COMPOSTING as methods to minimize waste problems.
The Act also gives strong emphasis on the role of municipal and
LGUs providing for the creation of solid waste management
communities up to the barangay level.
CLASS NOTES:
Approach: Womb to Tomb the law deals from the source

of the waste up to the disposal
Problem: ^ inc. in population - ^ inc. in waste - ^ inc. in
pollution
TOXIC SUBSTANCES CONTROL ACT RA

6969
Overview: It has been recognized that the public and the
environment are at risk in the use or exposure to chemicals as
well as the long term damage brought about by careless
handling or disposal of hazardous wastes.
Under this act importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all
unregulated chemical substances and mixtures in the
Philippines, as well as the entry even in transit, or storage and
disposal of hazardous and nuclear wastes are regulated.
32

The Department of Environment and Natural Resources shall be
the implementing agency and shall be assisted by the InterAgency Advisory Council
It provides for the regulation of all chemical substances that may
pose threat to public health and the environment through
import, manufacture, sale, use, distribution, and disposal as well
as the regulation of all hazardous wastes from generation,
transport, storage, re-use/recycling, treatment and disposal [and
to prevent entry of nuclear wastes into the country FOR
WHATEVER PURPOSE.]
Registration of the following is required to ensure that industrial
economic growth is achieved in an environmentally sound
manner to effectively manage hazardous wastes in order to
minimize human and environmental impacts cause by industrial
activities:
Hazardous wastes generators
Hazardous wastes treater
Hazardous wastes transporter
Violators shall be subject to fines, imprisonment, dismissal from
office, confiscation and forfeiture chemical substances and
mixtures in favor of the government, deportation and barred
from entry into the Philippines in case of foreigner
APPROACH:
Womb to Tomb the law deals from the source of the

waste up to the disposal
Chemical Substance
Notification
Exempt
from
the
Pre-Manufacture
Those included in the categories of chemical substances

and mixtures already listed in the inventory or existing
chemical;
Those to be produces in small quantities solely for

experimental or research and development purposes;
Chemical substances and mixtures that will not present

an unreasonable risk to health and the environment; and
Chemical substances and mixtures that exists temporarily

and which have no human or environmental exposure
such as those which exist as a result of chemical reactions
in the manufacture or processing of a mixture of another
chemical substance
Prohibited Acts
COVERAGE:
33
Knowingly use in chemical substance or mixture which is

imported, manufactured, processed or distributed in
violation of this Act or implementing rules and
regulations or orders;
Failure or refusal to submit reports, notices or on the

information, access to records as required by this Act, or
permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
Failure or refusal to comply with the pre-manufacture and

pre-importation requirements;
Cause, aid, or facilitate, directly or indirectly, in the

storage, importation or bringing into Philippine territory,
including its maritime economic zones, even in transit
either by means of land, air or sea transportation or
otherwise keeping in storage any amount of hazardous
and nuclear wastes in any part of the Philippines.
NIPAS RA 7586
-provides
the
legal
framework
for
the
establishment/management of protected areas in the Philippines.
The law defines PROTECTED AREAS as the identified portions of
land and/or water set aside by reason of their unique physical
and biological significance, managed to enhance biological
diversity and protected against destructive human exploration.
It establishes a National Integrated Protected Areas System

(NIPAS) which will designate, whether terrestrial, wetland or
marine, protected areas, areas that "shall encompass
outstanding remarkable areas and biologically important public
lands that are habitats of rare and endangered species of plants
and animals, biogeographic zones and related ecosystems."
Enlisting categories of protected areas are as follows: (1)Strict
nature reserve; (2)Natural park; (3)Natural monument;
(4)Wildlife sanctuary; (5)Protected landscapes and seascapes; (6)
Resource reserve; (7) Natural biotic areas; and, (8) Other
categories established by law, conventions or international
agreements which the Philippine Government is a signatory.
Buffer zones - are identified areas outside the boundaries of
and
immediately
adjacent
to
designated protected areas pursuant to Section 8 that need
special development control in order to avoid or minimize harm
to the protected area;
Examples : Mayon Volcano, Caramoan National Park, Taon
Strait
ESTABLISHMENT AND EXTENT OF THE SYSTEM
Upon the recommendation of the DENR, a certain
protected area may be established, disestablished, or its
boundaries may be modified pursuant to an act of
Congress.
PROHIBITED ACTS
(a)Hunting, destroying, disturbing, or mere possession of
any plants or animals or products derived therefrom
without a permit from the Management Board;
(b)Dumping of any waste products detrimental to
the protected area, or to the plants and animals or
inhabitants therein;
(c)Use of any motorized equipment without a permit from
the Management Board;
34
(d)Mutilating, defacing or destroying objects of natural

beauty or objects of interest to cultural communities (of
scenic value);
(e)Damaging and leaving roads and trails in a damaged
condition;
(f)Squatting, mineral locating, or otherwise occupying
any land;
(g)Constructing or maintaining any kind of structure,
fences or enclosures, conducting any business enterprise
without a permit;
(h)Leaving in exposed or unsanitary conditions refuse or
debris, or depositing in ground or in bodies of water; and
(i)Altering, removing destroying or defacing boundary
marks or signs.
Ancestral domain and other customary rights and
interests of indigenous communities shall be accorded
due recognition in protected areas. Moreover, the
preservation of ancestral domain and customary rights
within protected areas shall be a management objective.
Indigenous Cultural Communities - Ancestral domain and

other customary rights and interests of indigenous communities
shall be accorded due recognition in protected areas. Moreover,
the preservation of ancestral domain and customary rights
within protected areas shall be a management objective.
Tenured Migrants - Any person who has actually and
continuously occupied an area for five (5) years prior to its
designation as part of a protected area. As a tenured migrant he
shall be eligible to become a steward of a portion of land within
the multiple use management or buffer zone of the protected
area, and from which he may derive subsistence
CLASS NOTES:
Copied the categories laid down by the
(International Union on Conservation of Nature)
Under the control and administration of the DENR
Specifically under the Biodiversity Management Bureau

(BMB)
BMB - Biodiversity Management Bureau (formerly

PAWB)
Declares Protected Areas System originally was

done by the President but is now done by Congress
CASE: MARINE MAMMALS OF THE

PROTECTED SEASCAPE CANYON STRAIT
VS SEC. ALMANZA, SEC YAP (2008)
PETITIONERS:
Resident Marine Mammals of Taon Strait

Protected Seascape, e.g. Toothed Whales, Dolphins,
Porpoises & other cetacean species.
Legal Guardians: Gloria Estenzo Ramos and RoseLiza Eisma Osorio.President Arroyo, Unwilling Guardian
RESPONDENTS:
IUCN
Energy Secretary Reyes, Environment Secretary Atienza
35
Japan Petroleum Exploration Co., Ltd.
Nov.10, 2007: JAPEX started exploration drilling of

3,150m depth
BATTLEGROUND:
MAJOR ISSUES:
Tanon Strait:
LOCUS STANDI OF DOLPHINS, ET AL.
A narrow body of sea separating the

Philippine Islands of Negros and Cebu
VIOLATION
OF
PHIL.
CONSTITUTION
INTERNATIONAL CONVENTIONS
It is home to 11 out of the 24 known

cetacean (marine mammal) species
NON-CORFORMANCE TO EIA LAW
DOCTRINE ON TRANSCEDENTAL IMPORTANCE
Applies if Petitioners fail in showing direct injury
Allows ordinary citizens, members of Congress, and civic

organizations to prosecute actions involving the
constitutionality or validity of laws, regulations and
rulings;
Due to far-reaching implications.
Declared as Protected Seascape in

1998Estimated Oil Reserve: 1B barrels; recoverable:
100 million barrels
THE PROBLEM CREATED BY THE PHILIPPINE GOVERNMENT:
Phil. Govt awarded Service Contract No. 46 to

JAPEX (Dec. 21, 2004)
Coverage area: 2,850 sq.km. (almost the entire

Taon Strait)
May 2005: M/S Veritas Searcher of JAPEX started

the 751-km multi-channel sub-bottom profiling
survey
&
INTERNATIONAL INSTRUMENTS CONFERRING BENEFITS TO

DOLPHINS & WHALES:
United Nations Charter for Nature
36
Chapter 15, Agenda 21 at the United Nations Conference

on Environment and Development1992
Convention on Biological Diversity1979 Bonn Convention

on Conservation of Migratory Species of Wild Animals
APPLICABILITY OF INTERNATIONAL LAWS IN THE

PHILIPPINES:
Doctrine of Incorporation: Sec. 2, Art. II, 1987 Philippine

Constitution
Santos III vs. Northwest Orient Airlines, 210 SCRA 261

[1992]: Convention which is a Treaty commitment
voluntarily assumed by the Philippine government has the
force and effect of law in this country.
Tanada vs. Angara (272 SCRA , 1997): In the event that

a treaty obligation conflicts with local legislation, such a
state is bound to make in its legislations such
modifications as may be necessary to ensure the
fulfillment of the obligations undertaken.
VIOLATION OF NIPAS ACT AND EIA LAW
Declared environmentally critical area by Former Pres.

Marcos
an environmental compliance certificate (ECC) must be

secured after the project undergoes an environmental
impact assessment (EIA) to determine the effects of the
oil exploration and drilling activities in the Strait.
WILDLIFE RESOURCES CONSERVATION

ACT RA 9147
This Act calls for the CONSERVATION of the countrys wildlife
resources and their habitats for sustainability as a policy of the
State.
Among its features are:
Guidelines on access and benefits sharing
Quota for collection of specimens
Ecological and rehabilitation bond to be posted by
researchers.
Monitoring system for bioprospecting. [NOTE: Check the
definition of terms as provided by the law.]
Objectives: (a) Protection/conservation of species and their
habitats, (b) Regulation in the collection and trade of wildlife, (c)
to initiate and support scientific studies on conservation of
biodiversity.
JURISDICTION
Section 4. Jurisdiction of the Department of Environment
and Natural Resources and the Department of
Agriculture. The Department of Environment and Natural
Resources (DENR) shall have jurisdiction over all
terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to
37
crocodiles, waterbirds and all amphibians and dugong.

The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical habitats, all
aquatic resources including but not limited to all fishes,
aquatic plants, invertebrates and all marine mammals,
except dugong. The secretaries of the DENR and the DA
shall review, and by joint administrative order, revise and
regularly update the list of species under their respective
jurisdiction. In the Province of Palawan, jurisdiction
herein conferred is vested to the Palawan Council for
Sustainable Development pursuant to Republic Act No.
7611.
All activities shall be authorized by the Secretary upon
proper evaluation of best available information or
scientific data showing that the activity is, or for a
purpose, not detrimental to the survival of the species or
subspecies involved and/or their habitat.
DEFINITION OF TERMS
(a) "Bioprospecting" means the research, collection and
utilization of biological and genetic resources for
purposes of applying the knowledge derived there from
solely for commercial purposes;
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 wildlife resources and
their habitats, or undertake the following acts;
(a) killing and destroying wildlife species, except in the following
instances;
(i) when it is done as part of the religious rituals of
established tribal groups or indigenous cultural
communities;
(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 wildlife;
(iv) when it is done to prevent an imminent danger to the
life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has
been used in authorized research or experiments.
(b) inflicting injury which cripples
reproductive system of wildlife species;
and/or
impairs
the
(c) effecting any of the following acts in critical habitat(s)

(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the
critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction,
resources;
reintroduction
or
restocking
of
wildlife
38

(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products
and derivatives;
(g) gathering or destroying of active nests, nest trees, host
plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the
preceding paragraph; and
(i) transporting of wildlife.
LIST/CATEGORY
Sec. 5(s) Threatened Species: General term for
species/subspecies which are critically endangered,
endangered, vulnerable or other accepted categories of
wildlife whose population is at risk of extinction
Sec. 5(f) Critically Endangered Species: Facing
extremely high risk of extinction in the wild in the
immediate future
Sec. 5(h) Endangered Species: Not critically
endangered but survival in the wild is unlikely if the
causal factors continue operating
Sec. 5(w) Vulnerable Species: Not critically endangered
or endangered but is under threat from adverse factors
throughout their range and likely to become endangered
in the near future
Objectives:
Conservation, protection and sustained management of
the countrys fishery and aquatic resources;
Poverty alleviation and the provision of supplementary

livelihood among municipal fisherfolk;
Improvement of productivity of aquaculture within
ecological limits;
Optimal utilization of offshore and deep-sea resources;
and
Upgrading of post-harvest technology.
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 resources of the
Philippines for the exclusive use and enjoyment of Filipino
citizens. Another principle of policy is the protection of
municipal fishermen. Fishery and aquatic resources shall be
managed in a manner consistent with the concept of integrated
coastal area management.
Chapter II contains the main body of rules relative to the
management and conservation of fisheries and to aquaculture.
Fisheries are classified in municipal fisheries, i.e. fishing in
municipal waters, and commercial fishing. Provisions of the
Chapter also regulate post-harvest facilities, activities and trade.
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 bays, foreshore
lands, continental shelf or any fishing ground to be set aside for
the cultivation of mangroves to strengthen the habitat and the
spawning grounds of fish. Remaining Chapters deal with
fisheries research and development (V), prescribe penalties and
offences (VI), and contain general provisions (VII).
FISHERIES CODE RA 8550

39
MINERAL RESOURCES
ACT RA 9942
CONSERVATION
-mandates the State to manage the countrys mineral resources

and to control and supervise the exploration, development, and
utilization of mineral resources.
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 of all parties.
Open to mining:
Public and private lands with minerals
Timberlands and forests with minerals
Not open to mining:
Military and government reservations
Areas near or under buildings, cemeteries,

highways, bridges, reservoirs, roads, plantations
Areas covered by valid and existing mining rights
Those expressly prohibited by law
Areas covered by small-scale mining operations
Virgin forests, watershed reserves, mangroves,

national parks, areas covered under NIPAS Law
ANCESTRAL LANDS AND ICC AREAS
No mineral agreements, FTAA and mining permits shall

be granted in ancestral lands/domains.
A royalty payment shall be negotiated which shall not be

less than 1% of the Gross Output of the mining operations
in the area.
Representation
Committee.
in
the
Multi-partite
Monitoring
SOCIAL AND COMMUNITY DEVELOPMENT AND RESEARCH

AND DEVELOPMENT
Provide for the mandatory Filipinization program,

technology transfer, and the training and priority
employment of local residents.
ENVIRONMENTAL AND SAFETY CONCERNS
Mandatory allocation of an approximately 10% of the

initial capital expenditures of the mining project for
environment-related activities.
40
Mandatory annual allocation of 3-5% of the direct mining

and milling costs to implement an Annual Environmental
Protection and Enhancement Program.
Mandatory establishment of a MINE REHABILITATION

FUND (MRF).
Mandatory establishment of the Contingent Liability and

Rehabilitation Fund (CLRF).
Conduct of Environmental Work Program (EWP) during

the exploration stage and an Environmental Protection
and
Enhancement
Program
(EPEP)
during
the
development and operations stage.
PEOPLES SMALL SCALE MINING ACT RA

7076
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 labor using simple
implements and methods, and which do not use explosives or
heavy mining equipment. The main purpose of the law is: (1) To
effect an orderly and systematic disposition of small-scale mining
areas in the country; (2) To regulate the small-scale mining
industry with the view to encourage their growth and
productivity; and (3) To provide technical, financial and
marketing assistance and efficient collection of government
revenues. Through this law, the harmful effects of the classic
trade-off between development and environment could be
minimized if not totally avoided. This law was authored by
Senator Aquilino Pimentel Jr.
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 mining areas. In this age
of modern technology, this law is making sure that the small
mining law should benefit the small miners and not only the bigtime operators who are using the skills and sweat of small-scale
miners to accumulate a fortune.
Under RA 7076, no ancestral land may be declared as a peoples
small scale mining 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 under existing laws. The law defines small miners as
Filipino citizens who, individually or in tandem with others,
voluntarily form a cooperative, duly licensed by the Department
of Environment and Natural Resources, to engage in the
extraction or removal of minerals or ore-bearing materials from
the ground.
THE WRIT OF KALIKASAN

CIVIL ACTION PART 3: RULE7)
(SPECIAL
Nature of the Writ
REMEDY available to a natural or juridical person, entity

authorized
by
law,
peoples
organization,
nongovernmental organization, or any public interest group
accredited by or registered with any government agency,
on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated OR threatened
with violation by an unlawful act or omission of a public
official or employee, or private individual or entity
involving environmental damage of such magnitude as to
41

prejudice the life, health or property of inhabitants in two
or more cities or provinces.
duty in violation of environmental laws resulting in

environmental destruction or damage;
b) Directing the respondent public official, government

agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;
c) Directing the respondent public official, government

agency, private person or entity to monitor strict
compliance with the decision and orders of the court;
d) Directing the respondent public official, government

agency, private 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 balanced and healthful ecology or to the
protection, preservation, rehabilitation or restoration of
the environment, except the award of damages to
individual petitioners.
Where to File the Petition?
The petition shall be filed with the Supreme Court or with

any of the stations of the Court of Appeals.
Contempt
Section 13. Court may after hearing punish the

respondent who refuses or unduly delays the filing of a
return, or who makes a false return, or any person who
disobeys or resists a lawful process or order of the court
for indirect contempt under Rule 71 of the Rules of Court.
Section 7. Penalty for refusing to issue or serve the writ. A clerk of court who unduly delays or refuses to issue the
writ after its allowance or a court officer or deputized
person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without
prejudice to other civil, criminal or administrative actions.
THE WRIT OF CONTINUING MANDAMUS

(SPECIAL CIVIL ACTION PART 3: 8)
SUBJECT MATTER
RELIEFS
a) Directing respondent to permanently cease and desist

from committing acts or neglecting the performance of a
The unlawful neglect in the performance of an act which

the law specifically enjoins as a duty resulting from an
office, trust or station in connection with the enforcement
42

or violation of an environmental law rule or regulation or a
right therein
act or series of acts until the judgment is fully satisfied and to

grant such other reliefs as may be warranted resulting from
the wrongful or illegal acts of the respondent. The court shall
require the respondent to submit periodic reports detailing
the progress and execution of the judgment, and the court
may, by itself or through a commissioner or the appropriate
government agency, evaluate and monitor compliance. The
petitioner may submit its comments or observations on the
execution of the judgment.
The unlawful exclusion of another from the use or

enjoyment of such right
In both instances, there is no other plain, speedy and
adequate remedy in the ordinary course of law.
PARTIES
Only the person aggrieved may file the writ
The writ is directed against a government agency or

instrumentality
CASE: WEST TOWER CONDO CORP VS

FIRST PHILIPPINE INDUSTRIAL CORP
GR NO 194239 MAY 31, 2011 NOVEMBER
22, 2011
Sirs/Mesdames:
WHERE TO FILE PETITION
The petition shall be filed with the Regional Trial Court

exercising jurisdiction over the territory where the actionable
neglect or omission occurred or with the Court of Appeals or
the Supreme Court.
Please take notice that the Court en banc issued a Resolution

dated May 31, 2011 which reads as follows:
"G.R. No. 194239 (West Tower Condominium Corporation, on
behalf of the Residents of West Tower Condo., and in
representation of Barangay Bangkal, and others, including
minors and generations yet unborn v. First Philippine Industrial
Corporation, First Gen Corporation and their respective Board of
Directors and Officers, John Does and Richard Roes)
JUDGMENT
RESOLUTION
If warranted, the court shall grant the privilege of the writ of

continuing mandamus requiring respondent to perform an
43

On November 15, 2010, petitioners filed their Petition for
Issuance of a Writ of Kalikasan.[1]
On November 19, 2010, Chief Justice Renato C. Corona issued a
Writ of Kalikasan[2] with a Temporary Environmental Protection
Order (TEPO), requiring 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 receipt thereof pursuant to Section 8, Rule 7 of the Rules of
Procedure for Environmental Cases. The TEPO enjoined FPIC
and FGC to: (a) cease and desist from operating the pipeline
until further orders; (b) check the structural 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 any leak of the pipeline;
and (c) make a Report thereon within 60 days from receipt
thereof.
Consequent to the Court's issuance of the Writ of Kalikasan and
the accompanying TEPO, FPIC ceased operations on both (a)
the White Oil Pipeline System (WOPL System), which
extends 117 kilometers from Batangas to Pandacan Terminal in
Manila and transports diesel, gasoline, jet fuel and kerosene; and
(b) the Black Oil Pipeline System (BOPL System), which
extends 105 kilometers and transports bunker fuel from
Batangas to a depot in Sucat, Paraaque City.
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 Writ of Kalikasan and
the accompanying TEPO, i.e., whether they cover both the WOPL
and the BOPL.
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, affecting the vicinity of
West Tower Condominium. Only the WOPL is covered by the Writ
of Kalikasan and the TEPO.
WHEREFORE, the Court hereby clarifies and confirms that

what is covered by the November 19, 2010 Writ of Kalikasan and
TEPO is only the WOPL System of respondent FPIC.
Consequently, the FPIC can resume operation of its BOPL
System.
II
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 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 West Tower Condominium, among others.
As required by the Court, representatives of the University of the
Philippines-National Institute of Geological Sciences (UP-NIGS)
and the UP Institute of Civil Engineering attended the ocular
inspection. After the ocular inspection, the Court asked the
representatives of UP-N1GS and the UP Institute of Civil
Engineering for 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 Environmental
Protection Order for a period of not more than 48 hours in order
to conduct pressure controlled leak tests to check the structural
integrity of the WOPL which entails running a scraper pig to
eliminate air gaps within the pipeline prior to the conduct of said
test, as recommended by the international technical consultant
of the Department of Energy; and (2) testing procedures that
may be used by the FPIC regarding the maintenance and
checking of the structural integrity of the WOPL.
On May 10, 2011, the UP Institute of Civil Engineering sent a
letter to the Court asking pertinent documents from FPIC
relative to testing protocols undertaken by FPIC and other
44

proposals, and that it be given one week within which to file its
report after receipt of the documents.
WHEREFORE, finding the request of the UP Institute of Civil
Engineering to be meritorious, FPIC is hereby DIRECTED to
submit documents regarding testing protocols it has undertaken
to check for leaks and the structural integrity of the WOPL, the
results thereof and other related proposals it has committed to
undertake to the UP Institute of: Civil Engineering within five (5)
days from notice. The UP Institute of Civil Engineering is
granted one (1) week from receipt of the requested documents
from FPIC within which to file its report.
The Court further Resolved to
(a) NOTE the Manifestation with Motion dated April 14, 2011
filed by counsel for petitioners, relative to the resolution of
March 29, 2011;
(b) NOTE the Letter (Report) dated April 21, 2011 of Dr. Carlo A.
Arcilla, Director, National Institute of Geological Sciences,
College of Science University of the Philippines, Diliman, Quezon
City, in compliance with the resolution of March 29, 2011; and
(c) NOTE the Letter dated May 24, 2011 of Atty. Justin
Christopher C. Mendoza of Poblador Bautista & Reyes Law
Offices, counsel for First Philippine Industrial Corporation,
and GRANT his request for a copy of Dr. Carlo Arcilla's April 21,
2011 Report filed in compliance with the resolution of March 29,
2011."
CASE:CITATION OF THE CASE BY MRS.

CYNTHIA VILLAR -> LAS PINAS
PARANAQUE
CRITICAL
HABITAT
COASTAL
AREA
VS
PROPOSED
30
BILLION
RECLAMATION
(PENDING ON APPEAL)
PROJECT
Cynthia Villar vs reclamation

(The Philippine Star) | Updated October 22, 2013 12:00am
Senator Cynthia Villar has filed Senate Resolution 294
directing the Senate Committee on Government Corporations
and Public Enterprises to conduct an inquiry, in aid of legislation,
with the view to introduce reforms, revisions and amendments in
the mandate, powers and responsibilities of the Philippine
Reclamation Authority (PRA).
Villar calls attention to the governments National
Reclamation Plan (NRP), made by PRA, which will involve 102
projects or 38,000 hectares all over the 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 speech delivered before her peers
last week.
Villar has an ongoing petition (backed by the signatures
of 315,849 residents of Las Pinas) vs. a Manila Bay reclamation
project. which would result in the reclamation of 635.14hectares of Manila Bay, around the 175-hectare Las PiasParaaque Critical Habitat and Ecotourism Area or LPPCHEA,
which is a protected area by virtue of Proclamation Nos. 1412
and 1412-A and included in the Ramsar list of wetlands of
international importance, along with Tubbataha and the Palawan
Underground River. The said reclamation could affect 65
barangays in three cities (37 in Bacoor, 11 in Paranaque, and 17
in Las Pinas.
Villar elevated her petition to the Supreme Court to
challenge the ruling of the Court of Appeals, which favored the
planned reclamation project in Manila Bay.
Besides the 38 reclamation projects in Manila, there are
other big reclamation projects planned in Cebu, Antique, Iloilo,
45

Bohol, Negros Occidental, Aklan, Albay, Davao gulf, Leyte, and
Cagayan.
Villar questions whether there was public consultation
about the National Reclamation Plan, how the projects under
NRP were approved, and if environmental 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 Manila Bay and other coastal
areas in the country and convert them to huge, profit-making
enterprises.
The idea of new cities rising from the sea seems nice and
compelling, but a serious study of Senator Villars resolution
makes us rethink our position.
Villar cited the damage rendered by reclamation projects
on multiple ecosystems, such as mangroves, sea grass, coral
reefs and intertidal zones and depletion of fish stocks. Also,
scientists have declared the subsiding of Manila Bay land due to
reclamation.
She cited a Japan International Cooperation Agency
(JICA) study which said that Metro Manila is overdue to
experience a catastrophic magnitude of 7.2 earthquake and the
coastal areas to suffer the most due to liquefaction (the
reclaimed land reverts to a liquid state).
The question is, who gives the final go-signal for
reclamation? The Philippine Reclamation Authority, which she
said, has a questionable legal basis.
The PRA was established on February 4, 1977 under
President Marcos, to provide a coordinated, economical and
efficient administration of lands, especially reclaimed lands, that
belong to, are managed and/or operated by the government, with
the object of maximizing their utilization and hastening their
development consistent with the public interest. Executive Order
no 525 issued on Feb. 14, 1979, provides that all reclamation
projects shall be approved by the President upon the
recommendation of PRA.
But PRA was given tremendous powers when President Gloria
Macapagal-Arroyo issued Executive Order 380 on Oct. 26,
transforming PEA into the Philippine Reclamation Authority,
and, on June 24, 2006, issued EO 543, delegating to PRA the

power of the President to approve reclamation projects.
Subsequently, on Feb. 25, 2001, the PRA Board of
Directors approved the National Reclamation Plan under PRA
Board Resolution No. 4161 covering a total of 102 reclamation
projects over a total area of 38,272 hectares within Manila Bay,
Visayas, Mindanao and other locations.
PRAs NRP and the multiple issues attached to
reclamation have gained so much alarm from different sectors,
Villar said. In a Peoples Summit held in October 2012 attended
by experts from relevant fields, a call was made for a
moratorium on reclamation projects under the NRP.
PRAs NRP would result in the loss of one-tenth of our
coastal and marine habitats, a scientist reported to Villar. The
reclamation projects could potentially translate to a loss of value
of nearly P30 billion per year in seagrass and ecosystems alone.
Villar cited the grandmother of all scams the PEAAMARI 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 includes the reclamation of additional hectares
of submerged areas surrounding the islands.
Upon investigation in aid of legislation, the Senate Blue
Ribbon and the Senate Committee on Government Corporations
and Public Enterprises ruled that the joint venture was illegal
because the reclaimed lands that PEA sought to transfer to
AMARI are lands of the public domain which the government
cannot alienate.
Any land reclamation, regardless of who initiates it (i.e.
PRA, private sector, LGU), is considered unclassified public
land and therefore part of the public domain, which is now
under the DENR, Villar said.
Villar asks, why reclaim in the first place? Why not
develop the blighted areas of the metropolis instead? The
amount to be used to reclaim instead of destroying ecosystems
and driving reclaimed lands to sell for sky high prices, could be
used for inclusive development and urban renewal of Metro
Manila.
46
August 28, 2013

(http://www.senate.gov.ph/press_release/2013/0828_villar1.
asp)
Villar to Elevate Petition vs Reclamation of Manila Bay to
the
Supreme
Court
After Court of Appeals junked her motion for
reconsideration
Villar filed a petition for Writ of Kalikasan on March 16
against the Las Pias-Paraaque Coastal Bay project, which the
Supreme Court granted on April 10 last year. Respondents in
Villar's petition are ALLTECH Contractors , Inc. , the Philippine
Reclamation Authority (PRA), Department of Environment and
Natural Resources (DENR), Environmental Management Bureau
(EMB) and the cities of Las Pinas, Paranaque and Bacoor.
Villar's petition submitted to the SC was supported by the
signatures of 315,849 Las Pias residents who signified their
opposition to the project. She also attached in her petition the
findings of a hydrological services consultant to bolster her claim
of massive flooding with the reclamation project.
In the petition, it was shown that the planned 635.14-hectare
Manila Bay reclamation project that is poised to affect the
LPPCHEA, which had been recently included on the Ramsar List
of Wetlands of International Importance.
LPPCHEA serves as a sanctuary to migratory bird species
from as far as Siberia. According to the Wild Bird Club of the
Philippines, the entire Metro Manila is host to 150 species of
birds, 72 of which are found at LPPCHEA. LPPCHEA is the only
bird sanctuary located in an urban setting. Because of its
biodiversity, LPPCHEA was declared as a critical habitat in 2007
by Proclamation Nos. 1412 and 1412-A.
Ramsar Convention cited on its website that LPPCHEA "faces

threats" such as "ongoing land reclamation projects and
mangrove cutting", and "waste from nearby cities (that)
accumulates along the coast"
ASEAN ON Environment Law

ASEAN (WHAT IS IT?)
Association of Southeast Asian Nations (August 8, 1967 Bangkok, Thailand)
Member Countries
Indonesia
Malaysia
Philippines
Singapore
Thailand
Brunei Darussalam
Vietnam
Lao PDR
Myanmar
47
Cambodia
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.
AIMS AND PURPOSES

1. To accelerate the economic growth, social progress and
cultural development in the region through joint
endeavors in the spirit of equality and partnership in
order to strengthen the foundation for a prosperous and
peaceful community of Southeast Asian Nations;
FUNDAMENTAL PRINCIPLE take note of Non-interference in

the internal affairs of one another; this is the main reason why
some international environmental issues cannot be touched or
discuss on by the community
2. To promote regional peace and stability through abiding

respect for justice and the rule of law in the relationship
among countries of the region and adherence to the
principles of the United Nations Charter;
ASEAN ENVIRONMENTAL PROGRAM

SPECIFICALLY ON HERITAGE PARKS
3. To promote active collaboration and mutual assistance on

matters of common interest in the economic, social,
cultural, technical, scientific and administrative fields;
4. To provide assistance to each other in the form of training
and research facilities in the educational, professional,
technical and administrative spheres;
5. To collaborate more effectively for the greater utilization
of their agriculture and industries, the expansion of their
trade, including the study of the problems of international
commodity trade, the improvement of their transportation
and communications facilities and the raising of the living
standards of their peoples;
6. To promote Southeast Asian studies; and
Policy and Institutional Framework

Recognising the importance of environmental cooperation
for sustainable development and regional integration, ASEAN
has since 1977 cooperated closely in promoting environmental
cooperation among its member states. Currently, ASEAN
environmental cooperation focuses on ten priority areas of
regional importance as reflected in the Blueprint for the ASEAN
Socio-Cultural Community (ASCC Blueprint) 2009-2015 as
follows:
ASEAN Socio-Cultural Community (ASCC) Blueprint

2009-2015
Section D. Ensuring Environmental Sustainability
ASEAN shall work towards achieving sustainable development
48

as well as promoting clean and green environment by
protecting the natural resource base for economic and social
development including the sustainable management and
conservation of soil, water, mineral, energy, biodiversity, forest,
coastal and marine resources as well as the improvement in
water and air quality for the ASEAN region. ASEAN will
actively participate in global efforts towards addressing global
environmental challenges, including climate change and the
ozone layer protection, as well as developing and adapting
environmentally-sound technology for development needs and
environmental sustainability.
D.1. Addressing global environmental issues
D.2. Managing and preventing transboundary environmental
pollution (transboundary haze pollution and transboundary
movement of hazardous wastes)
D.3. Promoting sustainable development through
environmental education and public participation
D.4. Promoting environmentally sound technology
D.5. Promoting quality living standards in ASEAN cities/urban
areas
D.6. Harmonizing environmental policies and databases
D.7. Promoting the sustainable use of coastal and marine
environment
D.8. Promoting sustainable management of natural resources
and biodiversity
D.9. Promoting the sustainability of freshwater resources
D.10.Responding to climate change and addressing its impacts
D.11.Promoting sustainable forest management
ASEAN Declaration on Heritage Parks and Reserves
Bangkok, 29 November 1984
conservation areas
internationally;
could
be
appreciated
regionally
and
RECOGNIZING that conservation areas should be managed to

maintain ecological processes and life support systems, preserve
genetic diversity; ensure sustainable utilization of species and
ecosystems; and maintain wilderness that are of scenic, cultural,
educational, research, recreational and tourism values;
CONSIDERING that to achieve the aims, purpose and
objectives of the heritage parks and reserves of the ASEAN
member countries, a master plan should be drawn for each
heritage park which shall include but not be limited to
management guidelines, research on structure and function of
ecosystems and education on wilderness values;
FURTHER CONSIDERING that environmental concerns
transcend national boundaries and that individual states are
primarily responsible for their respective identified heritage
sites;
DO HEREBY DECLARE the following national heritage sites
and reserves,
1. Brunei Darussalam
a. Tasek Merimbun
2. Indonesia
a. Leuser National Park
b. Kerinci Seblat National Park
c. Lorentz Nature Reserve
CONCERNED with the necessity to preserve, and protect

national parks and nature reserves of the ASEAN member
countries;
3. Malaysia
a. Kinabalu National Park
b. Mulu National Park
c. Taman Negara National Park
AWARE of the uniqueness, diversity and outstanding values of

certain national parks and reserves of ASEAN member countries,
that deserve the highest recognition so that their importance as
4. Philippines
a. Mt. Apo National Park
b. Iglit Baco. National Park
49
5. Thailand
a. Khao Yai National Park
b. Kor Tarutao National Park
as ASEAN national heritage parks and nature reserves and
AGREE that a common cooperation is necessary to conserve and
manage such parks and reserves including the setting up of
regional conservation and management action as well as a
regional mechanism complementary to and supportive of
national efforts at implementation of conservation measures.
DONE in Bangkok, Thailand, this Twenty- Ninth Day of
November in the year one Thousand Nine Hundred and EightyFour
ASEAN
AGREEMENT
ON
TRANSBOUNDARY
HAZE
POLLUTION
2003
The land and forest fires that hit the ASEAN region in 19971998
have been particularly severe. The environmental, economic and
social dimensions and impact of these fires, and the associated
transboundary haze pollution, were profound. The total
economic losses in terms of agriculture production, destruction
of forest lands, health, transportation, tourism, and economic
endeavours have been estimated at more than USD9 billion.
An agreement which binds a group of contiguous

states to tackle transboundary haze pollution resulting
from land and forest fires.
The agreement requires parties to:
COOPERATE in developing and implementing measures

to prevent, monitor, and mitigate transboundary haze
pollution by controlling sources of land and forest fires,
assessment and early warning systems, exchange of
information, and mutual assistance.
RESPOND PROMPTLY to a request for relevant
information sought by a state affected or may be affected
by transboundary haze pollution.
TAKE legal, administrative, and/or other measures to
implement their obligation under the agreement.
(CHECK: ASEAN: Indonesian Haze not a Sovereignty Issue

Manila Times Article for further information)
AGREEMENT ON THE COOPERATION

FOR SUSTAINABLE DEVELOPMENT OF
MEKONG RIVER BASIN 1995
(CHECK: ASEAN and CHINA: Cooperation in the Mekong River
Manila Times Article)
ASEAN
AGREEMENT
ON
DISASTER
MANAGEMENT
AND
EMERGENCY
RESPONSE (ADMER) 2009
(CHECK: ASEAN: Better Faster Disaster Reliefs Manila Times
Article)
ASEAN Agreement on Disaster Management and Emergency

Response (AADMER)
ratified right after the Tsunami

acquisition of helicopter, aircraft, vessel for disaster and
50
climate change
preparedness,
rehabilitation,
respond
to
natural
calamities
solve customs delay to foreign nationals in helping
disasters
WORLD HERITAGE CONVENTION
MANILA TIMES
An ASEAN Identity
Culture being a reason for dispute, why is it

important in the ASEAN community?
Why do we need to protect cultural heritage?
Sovereignty as a Responsibility in the

ASEAN
ASEAN: Indonesian Haze not a Sovereignty
Issue
What is the Indonesian Haze?

How did it affect the ASEAN
environment?
Flexible Engagement
view
on the
ASEAN: Waves of Naval Expectations

Why do we need to improve on the naval aspect of
the military?
ASEAN: Better Faster Disaster Reliefs

Role of the military in responding to calamity
ASEAN and CHINA: Cooperation in the
Mekong River
MULTILATERAL ENVIRONMEMTAL
AGREEMENT
What is equitable utilization?

Why do they need cooperation in protecting the
Mekong River?
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 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.
States that are parties to the Convention agree to identify,
protect, conserve, and present World Heritage properties. States
recognise that the identification and safeguarding of heritage
located in their territory is primarily their responsibility. They
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:
Adopt a general policy that aims to give the cultural and
natural heritage a function in the life of the community
and to integrate the protection of that heritage into
comprehensive planning programs
Undertake 'appropriate legal, scientific, technical,
administrative and financial measures necessary for the
identification, protection, conservation, presentation and
rehabilitation of this heritage
Refrain from 'any deliberate measures which might
damage, directly or indirectly, the cultural and natural
heritage' of other Parties to the Convention, and to help
51

other Parties in the identification and protection of their
properties.
The Convention establishes a list of properties that have
outstanding universal value, called the World Heritage List.
These properties are part of the cultural and natural heritage of
States that are Parties to the Convention.
At August 2007 there were 851 sites on the World Heritage List.
The List includes 660 cultural properties, 166 natural properties
and 25 properties that meet both 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 established under the
Convention. The Fund is financed by contributions from state
parties and contributions from private organisations and
individuals.
Funds are used when state parties request assistance to protect
their World Heritage-listed sites, and to meet the urgent
conservation needs of properties on the List of World Heritage in
Danger.
State parties can request international assistance from the World
Heritage Fund for studies, provision of experts and technicians,
training of staff and specialists, and the supply of equipment.
They can also apply for long-term loans and, in special cases,
non-repayable grants.
Philippines
Cultural
Baroque Churches of the Philippines (1993)
Historic Town of Vigan (1999)
Rice Terraces of the Philippine Cordilleras (1995)

Natural
Mount Hamiguitan Range Wildlife Sanctuary (2014)
Puerto-Princesa Subterranean River National Park (1999)
Tubbataha Reefs Natural Park (1993)
RAMMSAR
WETLANDS
CONVENTION
OF
THE
--International treaty, adopted in the Iranian City of Ramsar in

1971,
for
the
CONSERVATION
and
SUSTAINABLE
UTILIZATION of wetlands.
The Convention uses a broad definition of the types of wetlands
covered in its mission, including lakes and rivers, swamps and
marshes, wet grasslands and peatlands, oases, estuaries, deltas
and tidal flats, near-shore marine areas, mangroves and coral
reefs, and human-made sites such as fish ponds, rice paddies,
reservoirs, and salt pans.
At the centre of the Ramsar philosophy is the wise use
concept. The wise use of wetlands is defined as "the
maintenance of their ecological character, achieved through the
implementation of ecosystem approaches, within the context of
sustainable development". "Wise use" therefore has at its heart
the conservation and sustainable use of wetlands and their
resources, for the benefit of humankind.
Under the 3 pillars of the Convention, the Parties have
committed themselves to:
Work towards the wise use of all their wetlands through
national land-use planning, appropriate policies and
legislation, management actions, and public education;
52
Designate suitable wetlands for the List of Wetlands of

International Importance and ensure their effective
management; and
Cooperate internationally concerning transboundary
wetlands, shared wetland systems, shared species, and
development projects that may affect wetlands.
OF
WHAT
USE
ARE
WETLANDS
[AMBASSADOR
TOLENTINO]
Wetlands are among the most valuable ecosystems in the world
providing so much benefits to people. Among the values and
functions of wetlands are as:
1. Kidneys of the earth They purify water and wastes
from both natural and human sources by preventing high
levels of nutrients from agricultural run-offs such as
phosphorous
and
nitrogen
from
reaching
the
groundwater as well as preventing the rapid growth of
algae which use up the oxygen in the water that is
important for the survival of other wetland species.
2. Storehouse of genetic materials Wetlands are
habitats for a wide variety of plants, animals and microorganisms. They are nurseries for numerous fish species
and resting and nesting places for migratory birds.
3. Biological supermarket It is the source of fish and
other protein-loaded aquatic creatures. Wetlands are also
the source of fuelwood, timber, materials for utensils and
handicrafts of indigenous peoples and even fodder for
work animals.
4. Defense fortifications Wetlands proved excellent
defenses against the onslaught of typhoons and tsunamis
as proven by the tsunami generated by an earthquake
occurrence in 2004 which reached Indonesia, Thailand
and Sri Lanka. Scientists explained the roots of
vegetation that surround Asian mangroves and other

forest wetlands helped to hold the sediments in place
against the impact of strong winds and waves.
5. Natural engineering structures Wetlands are natural
dams absorbing heavy rainfalls, preventing floods or
slowing down the flow of floodwaters. Most important is
the fact that wetlands store water and, therefore,
stabilize water supplies.
6. Sponge for freshwater Wetlands help recharge
groundwater aquifers to satisfy peoples need for drinking
and agriculture. More than a billion people in Asia rely on
groundwater for drinking while it was reported that in
Europe, an estimated 65% of public water originates from
groundwater sources.
7. Treasure trove of cultural heritage Many wetlands
featured in mans march towards civilization and are now
heritage sites and tourists destinations generating much
income for the population. Among them are the Tonle Sap
Lake in Siem Reap (Cambodia), Kalang River (Singapore),
Inle Lake (Myanmar) and the coastal areas of the island
of Mindoro (Philippines).
CLASS NOTES:
a. Important commitments of the parties
WISE USE
Listed Sites
Reserves and Training
International Cooperation
b. What are the Philippine Wetlands?
The Olango Island in Lapu-lapu, Cebu
53
Naujan
Lake
Mindoro.
The Agusan Marsh Wildlife Sanctuary
Tubbataha Reefs National Marine Park (33,200

ha), located in the middle of the Central Sulu
Sea about 150 kilometers southeast of Puerto
Princesa City
2. Appendix II includes species that although currently not

threatened with extinction, may become so without trade
controls. Regulated trade is allowed provided that the
exporting country issues a permit based on findings that
the specimens were legally acquired, and the trade will
not be detrimental to the survival of the species or its role
in the ecosystem. (Example of species under Appendix II:
Hippopotamus, bigleaf mahogany, and the gray wolf)
Puerto Princesa Subterranean River National

Park in Palawan
3.
The Las Pias-Paraaque Critical Habitat and

Ecotourism Area (LPPCHEA) is a 175-hectare
coastal urban wetland and bird sanctuary
situated within the metropolis of Metro Manila
National
Park in
under Appendix I: tiger, Himalayan brown bear, elephant,

and Tibetan antelope)
Oriental
CITES SPECIFICALLY ON THE TRADE

OF ENDANGERED SPECIES
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. The treaty was
drafted in Washington, D.C. in 1973 and entered into force in
1975. Voluntarily signed by the parties.
National Contacts of CITES

Management Authorities
Biodiversity Management Bureau of the DENR
Palawan Council for Sustainable Development
Species covered by CITES are listed in different appendices

according to their conservation status:
1. Appendix I includes species threatened with extinction
and provides the greatest level of protection, including
restrictions on commercial trade. (Example of species
Appendix III includes species for which a country has

asked other CITES Parties to help in controlling
international trade.
Trade in Appendix-III species is
regulated using CITES export permits (issued by the
country that listed the species in Appendix III) and
certificates of origin (issued by all other countries).
(Example of species under Appendix III: walrus,
Hoffmann's two-toed sloth, and the red-breasted toucan)
Bureau of Fisheries and Aquatic Resources of the

DA
Scientific Authorities
54

Ecosystems Research and Development Bureau of
the DENR
Philippine National Museum

Bureau of Fisheries and Aquatic Resources of the
DA
Enforcement Authorities
Bureau of Fisheries and Aquatic Resources
Wildlife Protection Investigation Division of the
National Bureau of Investigation
Environmental Protection Unit of the Bureau of
Customs
UNITED NATIONS CONVENTION ON THE

LAW OF THE SEA -UNCLOS (CHAPTER
12)
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 the worlds seas and oceans,
inter alia, to ensure the conservation and equitable usage
of resources and the marine environment and to ensure
the protection and preservation of the living resources of

the sea.
UNCLOS also addresses such other matters as
sovereignty, rights of usage in maritime zones, and
navigational rights.
Defined the limits of the territorial seas of nations and the
areas in which they could exploit marine resources.
Baseline - boundary from which

measurements (low water mark)
nation
may
begin
Internal waters -contained on the landward side of the baseline.
Territorial sea - a nation has exclusive sovereignty over the

water, seabed, and airspace (12 nautical miles from the
baseline)
Contiguous Zone - nation may exercise the control necessary to

prevent the infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or territorial
sea (24 nautical miles from the baseline)
Exclusive Economic Zone 200 nautical miles from the baseline /

low water mark
55

Environmental Considerations
environment. Prohibits nations from transferring pollution

to another nation
Article 192 General obligation: States have the

obligation to protect and preserve the marine
environment.
Article 193 Sovereign right of States to exploit their

natural resources
Articles 197-201 : encourages nations to participate in

regional agreements related to the environment and
establishes duties of nations to their regional
counterparts
Biodiversity
Sources of ocean pollution
Article 196 : "take all measures necessary" to prevent

the intentional or accidental introduction of non-native
species to a new part of the marine environment.
1. Land-based and coastal activities

2. Continental-shelf drilling
3. Potential seabed mining
Pollution Prevention (Generally)

4. Ocean dumping
Article 194 Measures to prevent, reduce and control

pollution of the marine environment: Nations are
charged with creating national law to address various
pollution issues and are supposed to employ "the best
practicable means at their disposal and in accordance
with their capabilities.
5. Vessel-source pollution
6. Pollution from or through the atmosphere
Land Based Pollution
Article 195 Duty not to transfer damage or hazards

or transform one type of pollution into another:
Prevent, reduce and control pollution in the marine
Over 80% of marine pollution comes from land-based

activities.
56
From plastic bags to pesticides - most of the waste we

produce on land eventually reaches the oceans, either
through deliberate dumping or from run-off through
drains and rivers.
Atmospheric Based Pollution
Article 207
Adopt laws and regulations to prevent, reduce and

control pollution of the marine environment
Regulate pollution that comes from the primary

sources of land based pollution
Encourages nations to harmonize their policies on

a regional level.
Dumping at Sea
Any deliberate disposal of wastes or other matter from

vessels, aircraft, platforms or other man-made structures
at sea
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
Seabed Activities
Article 212 : Adopt laws and regulations to prevent

atmospheric pollution that will result in pollution to the
marine environment
Article 208
Adopt laws and regulations to prevent, reduce and

control pollution arising from seabed activities
Establish
practices
Pollution from Ships
regional
rules
and
Article 211
recommended
Encourages nations to harmonize their policies on

a regional level.
Pass laws and regulations governing pollution from

ships flying the nation's flag
Pass laws preventing and controlling pollution

from ships that enter both their ports and their
territorial seas.
57
Marine mammals
Article65: Nothing in this Part restricts the right of a

coastal State or the competence of an international
organization, as appropriate, to prohibit, limit or regulate
the exploitation of marine mammals more strictly than
provided for in this Part. States shall cooperate with a
view to the conservation of marine mammals and in the
case of cetaceans shall in particular work through the
appropriate
international
organizations
for
their
conservation, management and study
UNITED NATIONS CONVENTION ON THE

LAW OF THE SEA -UNCLOS (ANNEX ON
ARBITRATION)
PART XV: SETTLEMENT OF DISPUTES
Article 281. Procedure where no settlement has been reached
by the parties:
1. If the States Parties which are parties to a dispute concerning
the interpretation or 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 only
where no settlement has been reached by recourse to such
means and the agreement between the parties does not exclude
any further procedure.
2. If the parties have also agreed on a time-limit, paragraph 1
applies only upon the expiration of that time-limit.
Pursuant to Article 287(1) of UNCLOS, when signing, ratifying,

or acceding to UNCLOS, a State may make a declaration
choosing one or more of the following means for settling such
disputes:
The International Tribunal for the Law of the Sea
(ITLOS) in Hamburg, Germany;
The International Court of Justice(ICJ) in The Hague,
The Netherlands;
ad hoc arbitration (in accordance with Annex VII of
UNCLOS); or
a special arbitral tribunal constituted for certain
categories of disputes (established under Annex VIII
of UNCLOS).
If the two parties to a dispute have elected the same procedure,
that court or tribunal will hear the case. - If the two parties to a
dispute have not chosen the same procedure, or if they have not
declared that they prefer any procedure, the dispute will go to
arbitration under Annex VII.
Only States parties to UNCLOS have access to the dispute
settlement mechanisms in Part XV .
A State party to a dispute cannot institute arbitration
proceedings under Annex VII unless certain conditions are
present:
58
First, there must be a dispute between the two States

on the interpretation or application of one or more
provisions in UNCLOS.
compliance
ECONOMIC
Second, the parties must first have exchanged views

Lack of funds
and attempted to settle the dispute by negotiation or Desire to avoid a penalty
other peaceful means.
Desire to avoid future liability Greed/desire
to
achieve
competitive advantage
Third, the party instituting the proceedings must have
determined that the dispute cannot be settled by Desire to save money by using
demands
for
negotiation or an exchange of views.
more
cost-efficient
and Competing
resources
environmentally
sound
DEFAULT OF APPEARANCE OF ONE OF THE PARTIES
practices
Parties to UNCLOS have consented in advance to the

compulsory procedures entailing binding decisions in
section 2 of Part XV.
SOCIAL/MORAL
Moral and social values for Lack of social respect for the
environmental quality
law
There are no provisions in UNCLOS or Annex VII

Lack of public support for
providing that the parties to a dispute have a right not to Societal respect for the law
environmental concerns
participate in the proceedings.
Clear government will to
The Parties shall facilitate the work of the arbitral
enforce environmental laws Lack of government will to
tribunal.
enforce
PROBLEM
AREAS,
ISSUES
AND
CONCERNS IN THE IMPLEMENTATION
OF ENVIRONMENTAL LAWS
Factors
Compliance
Motivating
PERSONAL
Positive personal relationships Fear of change
between program personnel
and facility managers
Inertia
Barriers to compliance and Desire, on the part of the Ignorance about requirements
facility manager, to avoid
factors encouraging non-
59
Ignorance about how to meet

requirements
Desire to avoid jail, the stigma
of enforcement, and adverse
publicity
legal process
MANAGEMENT
Jobs and training dedicated to Lack of internal accountability
compliance
for compliance
Bonuses or salary increases Lack of management systems
based
on
environmental
for compliance
compliance
Lack of compliance training
for personnel
TECHNOLOGICAL
Availability
of
technologies
affordable Inability to meet requirements

due to lack of appropriate
technology
Technologies
unreliable
that
are
CASE: Trail Smelter Arbitration vs Canada

(33
and
35
American
Journal
of
Environmental Law)
In 1896, a smelter located in Trail, British Columbia, began

operating under American ownership. However, in 1906, the
Consolidated Mining and Smelting Company of Canada, Ltd.
bought
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,
in 1925 and in 1927, two large, 400-foot smoke stacks were
built.
There was a resulting increase in the amount of sulfur emitted
into the air. Within that same time period the amount of sulfur
released from the plant on a monthly basis almost doubled from
what it had been in 1924. The amount of sulfur released in 1924
was about 4,700 tons per month. But in 1927, the amount had
risen to 9,000 tons per month. These increases continued
because this
smelting operation of zinc and lead had become one of the
largest
in North America.
Finally, the effect of these harmful amounts of sulfur being
released were noticed in the State of Washington. The effects
were noticeable because for every ton of sulfur released into the
air there are two tons of sulfur dioxide created. It was this
increase in sulfur dioxide that was detected through the rains.
In the period between 1928 and 1935, the Government of the
United States filed complaints with the Government of Canada
that
sulfur dioxide emissions from the Trail smelter had damaged the
Columbia River Valley. On August 7, 1928, the issue was referred
to the International Joint Commission by the United States and
Canada (IJC-UC) for settlement.
The IJC-UC decided on
February 28, 1931 that the Trail smelter should limit its sulfur
dioxide emissions and that Canada should pay the United States
US$350,000 as compensation for damages.
60

Despite the IJC-UC decision, the conditions at the Trail smelter
did not improve. Consequently, by February 1933 the U.S.
Government was refiled complaints to the Canadian Government
about the situation at the smelter. These set of complaints led to
an emissions convention which was signed by the two parties on
April 15, 1935. The Convention called for the creation of a
Tribunal to determine whether damage has been done to
Washington State since 1932. If found to have done damage,
should it be made to refrain from doing so? Should any
compensation be paid? [ISSUES].
HELD:
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 well as the law of the US, no
state has the right to use or permit the use of its territory in such
a manner as to cause injury by fumes in or to the territory of
another when the case is of serious consequences and injury is
established by clear and convincing evidence. Hence, Canada
was responsible for the conduct of the Trail Smelter.
Principles:
Principle of Good Neighborliness
Polluter-Pays Principle
Common but Differentiated Responsibilities
Precautionary Principle If there is no scientific certainty,
one should approach the matter with caution (e.g. GMOs)
Principle of Sustainable Development
Principle of Cooperation (e.g. w/ respect the use of
transboundary natural resources)
Principles of Access to Information, public participation,
and access toenvironmental justice.
CASE: CORFU VS UK VS ALBANIA 1949

ICJ 4
Facts/ background:
On May 15th. 1946 the British warships passed through the
Channel without the approval of the Albanian government and
were shot at. Later, on October 22nd, 1946, a squadron of British
warships (two cruisers and two destroyers), left the port of Corfu
and proceeded northward through a channel previously swept
for mines in the North Corfu Strait.
Both destroyers were struck by mine and were heavily damaged.
This incident resulted also in many deaths. The two ships were
mined in Albanian territorial waters in a previously swept and
check-swept channel.
After the explosions of October 22nd, the United Kingdom
Government sent a note to the Albanian Government, in which it
announced its intention to sweep the Corfu Channel shortly. The
Albanian reply, which was received in London on October 31st,
stated that the Albanian Government would not give its consent
to this unless the operation in question took place outside
Albanian territorial waters. Meanwhile, at the United Kingdom
Government's request, the International Central Mine 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 Government having informed the
Albanian Government, in a communication of November 10th,
that the proposed sweep would take place on November 12th,
the Albanian Government replied on the 11th, protesting against
this 'unilateral decision of His Majesty's Government'. It said it
did not consider it inconvenient that the British fleet should
undertake the sweeping of the channel of navigation, but added
that, before sweeping was carried out, it considered it
indispensable to decide what area of the sea should be deemed
61

to constitute this channel, and proposed the establishment of a
Mixed Commission for the purpose.
It ended by saying that any sweeping undertaken without the
consent of the Albanian Government outside the channel thus
constituted, i.e., inside Albanian territorial waters where foreign
warships have no reason to sail, could only be considered as a
deliberate violation of Albanian territory and sovereignty. After
this exchange of notes, 'Operation Retail' took place on
November 12th and 13th.
One fact of particular importance is that the North Corfu
Channel constitutes a 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
of the traffic to and from the port of Corfu.
only of secondary importance and not even a necessary route

between two parts of the high seas, and that it is used almost
exclusively for local traffic to and from the ports of Corfu. Thus a
previous approval of the territorial state is necessary.
Issues:
The court analyses the geographical situation of the channel

connects two parts of the high seas and is in fact frequently
being used for international navigation. Taking into account
these various considerations, the Court concludes that the North
Corfu Channel should be considered as belonging to the class of
international highways through which an innocent passage does
not need special approval and cannot be prohibited by a coastal
State in time of peace.
The British government claimed the minefield which caused the

explosions was laid between May 15th, 1946, and October 22nd,
1946, by or with the approval or knowledge of the Albanian
Government. Thus Albania was responsible for the explosions
and loss of life and had to compensate the UK government.
In addition to the passage of the United Kingdom warships on
October 22nd, 1946, the second question in the Special
Agreement relates to the acts of the Royal Navy in Albanian
waters on November 12th and 13th, 1946 when the British
government carried out a minesweeping operation called
'Operation Retail' without the consent of Albania.
UK held the opinion the passage on October 22nd, 1946 was
innocent and that according to rules of international law it had
the right to innocent passage through the North Corfu Channel
as it is considered part of international highways and does not
need a previous approval of the territorial state.
The Albanian Government does not dispute that the North Corfu
Channel is a strait in the geographical sense; but it denies that
this Channel belongs to the class of international highways
through which a right of passage exists, on the grounds that it is
1) Should the North Corfu Channel as it is considered part

of international highways?
2) Is Albania responsible under international law for the
explosions which occurred on the 22nd October 1946 in
Albanian waters and for the damage and loss of human
life which resulted from them and is there any duty to pay
compensation?'
Analysis:
The UK government claims that on October 22nd, 1946, Albania

neither notified the 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 all
necessary steps immediately to warn ships near the danger zone,
more especially those that were approaching that zone. In fact,
nothing was attempted by the Albanian authorities to prevent
the disaster. These grave omissions involve the international
responsibility of Albania.
But Albania's obligation to notify shipping of the existence of
mines in her waters depends on her having obtained knowledge
of that fact in sufficient time before October 22nd; and the duty
of the Albanian coastal authorities to warn the British ships
62

depends on the time that elapsed between the moment that
these ships were reported and the moment of the first explosion.
Conclusion of the court:
The Court therefore reaches the conclusion that Albania is
responsible under 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 them, and
that there is a duty upon Albania to pay compensation to the
United Kingdom.
In the second part of the Special Agreement, the following
question is submitted to the Court:
(2) Has the United Kingdom under international law violated the
sovereignty of the 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 any duty
to give satisfaction?
Albania was in fact in war with Greece which means that the
coastal state was not in time of peace. UK had not an innocent
passage due to the way it was carried out. The court assessed
the manner of UK warships after they had been shot at May
15th. Having thus examined the various contentions of the
Albanian Government in so far 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.
The United Kingdom Government does not dispute that
'Operation Retail' was 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 organizations, that it could not be justified as the
exercise of a right of innocent 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 carry out minesweeping in those waters. The

United Kingdom Government states that the operation was one
of extreme urgency, and that it considered itself entitled to carry
it out without anybody's consent.
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 cannot, whatever
be the present defects in international organization, The United
Kingdom Agent, in his speech in reply, has further classified
'Operation Retail' among methods of self-protection or self-help.
The Court cannot accept this defense either find a place in
international law.
Final conclusion of the court:
1) On the first question put by the Special Agreement of
March 25th, 1948,
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 Albanian waters, and for the
damage and loss of human life that resulted there from; and
Reserves for further consideration the assessment of the amount
of compensation and regulates the procedure on this subject.
2) On the second question put by the Special Agreement
on the violation of state sovereignty,
The court gives judgment that the United Kingdom did not
violate the sovereignty of 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 the acts of the British Navy in Albanian waters in the
course of the Operation of November 12th and 13th, 1946, the
United Kingdom violated the sovereignty of the People's
Republic of Albania, and that this declaration by the Court
constitutes in itself appropriate satisfaction.
63

c. Control
BASEL CONVENTION ON THE CONTROL

OF TRANSBOUNDARY MOVEMENT OF
WASTE
-Response to deposits of toxic wastes being imported from
abroad
Objective: To protect human health and the environment against

the adverse effects of hazardous wastes.
1. Reduction of hazardous waste generation

2. Restriction of transboundary movements of hazardous
wastes
3. Creation
of
regulatory
transboundary movements
system
for
permissible
Hazardous wastes
a. Must be listed in Annex
flammable, toxic, or corrosive
1 and
OR
explosive,
b. Considered to be a hazardous waste under the

laws of the country
AIMS
ARTICLE 4 : Hazardous wastes may not be exported to

Antarctica, to a State not party to the Basel Convention OR to a
party having banned the import of hazardous wastes
Scope of application:
d. Prior Informed Consent
ARTICLE 11: Parties may enter into bilateral or multilateral

agreements on hazardous waste management with other parties
or with non-parties, provided that such agreements are no less
environmentally sound than the Basel Convention (Prior
informed consent)
Other wastes:
a. Household waste
b. Incinerator ash
64

This is not an MEA but merely a REGIONAL AGREEMENT
among European Countries
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 required to make
the necessary provisions so that public authorities (at national,
regional or local level) will contribute to these rights to become
effective. The Convention provides for:
EXCEPTION IN TRANSBOUNDARY MOVEMENT CONDITION :
If the principles of environmentally sound

management and non-discrimination are observed
if it is carried out in accordance with the

Conventions regulatory system
AARHUS CONVENTION:
INFORMATION, PUBLIC
AND
ACCESS
TO
ENVIRONMENT (WHERE
ON ACCESS OF
PARTICIPATION
JUSTICE
ON
IS AARHUS?)
(1) Access to Environmental Information: the right of

everyone to receive environmental information that is
held by public authorities. This can include information
on the state of the environment, but also on policies or
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;
(2) Public Participation in Environmental decisionmaking: the right to participate in environmental
decision-making. Arrangements are to be made by public
authorities
to
enable
the
public
affected
and
environmental
non-governmental
organisations
to
comment on, for example, proposals for projects affecting
the environment, or plans and programmes relating to the
environment, these comments to be taken into due
account in decision-making, and information to be
provided on the final decisions and the reasons for it.
(3) Access to Justice: the right to review procedures to
challenge public decisions that have been made without
respecting
the
two
aforementioned
rights
or
environmental law in general. (the judges should be well
versed in the topic)
65
CONVENTION
DIVERSITY (CBD)
-
ON
BIOLOGICAL
is an international legally-binding treaty with three main

goals:
1. Conservation of biodiversity;
2. Sustainable use of biodiversity;
3. Fair and equitable sharing of the benefits arising from
the use of genetic resources.
Its overall objective is to encourage actions which will lead to a

sustainable future.
Subject to the rights of other States, and except as otherwise
expressly provided for in the Convention, the provisions of the
Convention apply, in relation to each Contracting Party:
in the case of components of biological diversity, in areas
within the limits of its national jurisdiction;
in the case of processes and activities, regardless of

where their effects occur, carried out under its
jurisdiction or control, within the area of its national
jurisdiction or beyond the limits of national jurisdiction.
Each Contracting Party must, as far as possible, cooperate with
other Contracting Parties directly or, where appropriate, through
competent international organisations both in respect of areas
beyond national jurisdiction and on other matters of mutual
interest, for the conservation and sustainable use of biological
diversity.
Each Contracting Party should, in accordance with its particular
conditions and capabilities:
develop national strategies, plans or programmes for the
conservation and sustainable use of biological diversity
or adapt for this purpose existing strategies, plans or

programmes;
integrate, as far as possible and as appropriate, the

into relevant sectoral and cross-sectoral plans,
programmes and policies.
Each Contracting Party should as far as possible:
Identify components of biological diversity important for
its conservation and sustainable use, having regard to
the indicative list of categories set down in Annex I;
Ionitor, through sampling and other techniques, the
components of biological diversity identified, paying
particular
attention
to
those
requiring
urgent
conservation measures and those which offer the
greatest potential for sustainable use;
identify processes and categories of activities which have
or are likely to have significant adverse impacts on the
and monitor their effects through sampling and other
techniques;
maintain and organise, by any mechanism, data derived
from identification and monitoring activities pursuant to
the points set out above.
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 components of
biological diversity.
The Convention makes provision for the following:
Establishment and maintenance of programmes for
scientific and technical education and training for the
identification, conservation and sustainable use of
biological diversity and its components and providing
66

support for such education and training for the specific
needs of developing countries;
Encouragement of research which contributes to the
conservation and sustainable use of biological diversity,
particularly in developing countries;
Promoting the use of scientific advances in biological
diversity
research
in
developing
methods
for
conservation and sustainable use of biological resources.
Public education should be promoted and awareness enhanced
to highlight the importance of biological diversity through the
media and the inclusion of these topics in educational
programmes.
The Contracting Parties should facilitate the exchange of
information, from all publicly available sources, relevant to the
conservation and sustainable use of biological diversity, taking
into account the special needs of developing countries (exchange
of information on the results of technical, scientific and socioeconomic research as well as information on training and
surveying programmes, etc.).
The Convention emphasises the role of indigenous and local
communities in conserving biodiversity. These populations
heavily and traditionally depend on the biological resources on
which their traditions are based.
DEFINITIONS:
"Biological diversity" means the variability among living

organisms from all sources including, inter alia,
terrestrial, marine and other aquatic ecosystems and the
ecological complexes of which they are part; this includes
diversity within
ecosystems.
species,
between
species
and
of
"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.
"Biotechnology" means any technological application that

uses biological systems, living organisms, or derivatives
thereof, to make or modify products or processes for
specific use.
Ex-situ conservation" means the conservation of

components of biological 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 cultivated species, in
the surroundings where they have developed their
distinctive properties.
"In-situ conservation" means the conservation of

ecosystems and natural habitats and the maintenance
and recovery of viable populations of species in their
natural surroundings and, in the case of domesticated or
cultivated species, in the surroundings where they have
developed their distinctive properties.
67
ARMED
CONFLICT
AND
THE
ENVIRONMENT: LEGAL PERSPECTIVE
(PHIL JOURNAL VOL 8 FEB 2007 PP. 377389)
Endanger and damage the environment; destruction of

lives, culture and land
o Chemical pollution on land
o Maritime and atmospheric pollution
o Despoliation of land by mines and other dangerous
objects
o Threats to water supply
1868 Declaration of St. Petersburg (Russia)

o Objective:
weakening military force of the enemy
precautionary principle in the field of
environmental protection
prevent the invention of new and more
destructive weapons of war
o prevent damage to the environment
Principle 24 of the UN Declaration on Environment and

Development
o Warfare is inherently destructive of sustainable
development
o UN Conference on Environment and Development
(UNCED)
Agenda 21 - reference to armed conflict;
measures in accordance with international
law
Balance necessity against collateral damage
Geneva Convention:
a.) 1976 Convention on the Prohibition of Military or any
other Hostile Use of Environmental Modification
Techniques (ENMOD)
b.) 1977 Additional Protocol (on protection of victims) to the
Geneva Conventions of 12 Aug 1949 (Protocol 1)
International wars; prohibition on indiscriminate attacks
and environmental collateral damage
c.) 1977 Additional Protocol Relating to the Protection of
Victims of Non-International Armed Conflicts (Protocol 2)
internal armed conflicts
Hague Conventions governing weapons
right to choose weapons is not unlimited

restricted or banned weapons:
o exploding munitions
o poisonous gas
o chemical and biological weapons
o blinding lasers
o land mines
o lead ammunition tungsten and tin / nylon
Deficiencies and Current Challenges
Geneva Convention 1949 no mention of

environment
Hague Convention 1907 did not address specific
environmental issues
o Constitutes? widespread, long term and
severe damage
Kosovo wartime
pollution of Danube river
bombing of industrial facilities
Yugoslavia filed a case before ICJ vs US
68

and Spain (did not recognize ICJ;
jurisdiction)
Breaches:
o Obligation not to cause
far reaching health and
environmental damages
o Obligation not to use
prohibited weapons
Vatican State
o Protected area; avoid destruction; military
to take all necessary measures
o 1954 Convention for the protection of
cultural property in the event of Armed
Conflict
o list 1971 Ramsar Convention
protection in times of Armed Conflict
protected areas free of weapons; no
military activities
X Vietnam War, Gulf War, Kosovo
War/Conlict
Difficult
to
discern
contamination
due
to
wartime
transboundary
pollution or non existent
monitoring facilities
Emerging New Approach
a. 1977 Protocol I effective implementation in Iraq,
Afghanistan, Israel Lebanon
b. International Council of Environmental Law (ICEL)- draft
convention on the prohibition of hostile military activities
in Internationally protected areas
c. 1971 Ramsar Convention on Wetlands
d. 1972 World Heritage Convention
e. UN List of Parks and Protected Areas transboundry
parks
f. UNESCO (United Nations Educational, Scientific and
Cultural Organization) Biosphere reserve system
Proposals based on current laws list of designated

cultural and natural sites
Sufficient detailed maps showing location
Distinctive emblem should use for natural site
identification and protection
UN Secretary General to bring matters to Security
Council
Sites must be demilitarized zones similar to ART60 1977
Protocol I
State to provide for continuing education
Bilateral agreements protection of areas (parks and
protected areas)
Significant suggestions: proper mapping
1. new instrument for protection of environment in times of
armed conflict
2. further international and national measures to prevent
harm to the environment
a. catalogue of human activities with hostile purpose
injuries to the environment
i. intentional attacks
ii. manipulation of natural process
iii. significant collateral damage
b. registry of all protected areas should be completed
3. revise and update military procedures to ensure
protection of the environment to the fullest possible
extent in times of armed conflict
a. if damaged can harm human health
4. UN establish a system of emergency preparedness to
protect the environment
5. Damage, actual or potential, and restoration
a. Compensation in kind shall be required when
restoration is not physically possible
*Implementation of MEA is dependent in national laws
CLASS: NOTES:
69

1. Take note of the PRINCINPLES APPLIED:
a. Principle of due diligence
b. Precautionary Principle
2. Law of War
a. Principle of Necessity
b. Principle of proportionality
c. Principle of Discrimination
d. Principle of Humanity
3. Martens Clause
4. Geneva Convention & Hauge Conventions
WORLD TRIBUNAL TO PROTECT THE

ENVIRONMENT
PREMISES,
OPPORTUNITIES,
OBSTACLES
(PHIL
JOURNAL VOL 79 NOS. 7 FEB 2005)
o
o
o
II.
International Environmental Court (1988) Rome

-
I.
now International Court of the Environment

Foundation ICEF
o exclusive,
specialized
and
international
competence in the field of environment
o empowered to implement international law
o guarantee a right of access to individuals to
protect their human rights
o undertake advisory, investigate, conciliatory
functions
Principle of Universality -> Territorial Sovereignty
o Environmental regulations depends on the
sovereignty of the states and different national
legislation
o No compulsory higher authority
III.
States do not recognize authority higher than

their own
No guarantee of balanced management of
the environmental problems
Principle of universality should apply
universal nature
Principle of State of Territorial Sovereignty
must demand or adapt to new demands
New concept of National Sovereignty
States constitutional independence and mutual
restriction
o States sovereign over own people <
permanent sovereignty over natural
resources
Priority Issues of ICE

a. Individual as subject of international law
b. Place of the human right to the environment in
international law
i. International law recognizes the right to
the environment as a fundamental right of
every person
ii. 1st identification of the human right to a
healthy environment
o UN
Declaration
on
the
Human
Environment / Stockholm Declaration
o Man has the fundamental right
to
freedom,
equality
and
adequate conditions of life, in an
environment of a quality that
permits a life of dignity and well
being, and he bears a solemn
responsibility to protect and
improve the environment of
present and future generations.
Access to Environmental Justice
a. ICE: not granted direct access to ICJ only states
i. Individuals
70
Mandates:
ii. NGO and environmental association

iii. States
iv. Supranational org. -> EU
v. International org. -> UN
b. international organizations are not accountable in
law
a. evolution of the concept of environmental crime

b. widening liability law for environmental damage
c. application of Polluter Pays Principle
Problem: states are inherently reluctant to relinquish
sovereignty and expose themselves to legal proceedings
propose frequent consultations to allay fear about

fragmentation of international law
a. Kyoto Protocol on Climate Change
- proposing to establish an enforcement branch
- legally binding consequences for non compliance
procedure for the protocol
b. Permanent Court of Arbitrations Environment Facility
- similar
rules
for
state,
intergovernmental
organization, private parties
c. Establishment of the Inspection Panel
IMF establish an Independent Evaluation Office
Permanent Court of Arbitration (PCA)

IV.
jurisdiction is not compulsory

competence only from agreement to arbitrate
TAKE NOTE: debate on this, should be able to defend your

answer if asked W/N an international court of the environment is
needed.
Arguments against the creation of an international

court of environment (ICE) global level:
PRINCIPLES/EXAM QUESTIONS
a. ICJ
b. Apellate Body of the WTO
c. Tribunal of the Law of the Sea
- handed down decisions in disputes related to the
protection of the environment
d. ICJ environment chamber
e. Permanent Court of Arbitrations Environment
Facility
Regional Forums
a. RCHR
b. Inter American court of HR
c. Court of Justice of the European Community
Multilateral Environmental Agreement (MEA)
1) Principle of good neighborliness

2) Common but differentiated responsibilities
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.
4) Principle of sustainable development
5) Non regression
6) Intergenerational responsibility
7) Transboundary natural resources
8) Should we relax sovereignty? Why?
9) Explain
the
problem,
concerns
in
implementing
environmental laws ( table)
10) Protection of the IDP's
11) Role of the military in ADMER
12) Know the meaning of:
71

a) BIOdiversity - "totality of genes, species, and ecosystems
of a region"
b) BIOpiracy - the exploitative appropriation of indigenous
forms of knowledge by commercial actors
c) BIOprospecting - is the process of discovery and
commercialization of new products based on biological
resources and includes the search for previously unknown
compounds in organisms that have never been used in
traditional medicine before.
d) BIOdiplomacy - uses diplomatic skills to promote global
diversity, especially in island communities.
13) Prior Informed Consent (under Basel Convention)
14) Global commons
15) Equitable utilization
16) Prior informed consent
17) Environmental Law : Multi disciplinary / Cross Sectoral
18) Take note: resident mammals case.Explain and relate to
environmental law
- Rescission of contracts = of the exploration of a
foreign company
-
NOTES:
UN Environmental (UNEP)
- has strong environmental law agreement
- creates agreements from envi law division
DIFFERENCE:
1. CONCON revise the constitution (another group making
the constitution)
- there will be an election of members that would revise the
constitution
2. CONASS amend the constitution (from the congress)
Conventions
1. Rotterdam Convention PIC hazardous chemicals
2. Stockholm Convention POP (persistent organic
chemicals) highly toxic chemicals that should be
eliminated from the market
3. Minamata Convention mercury was found in the River
72

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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

UNFCC AND KYOTO PROTOCOL

International Environmental Treaty that was produced

Since the UNFCCC entered into force, the parties have

Under the Convention, governments:

gather and share information on greenhouse

KEY ELEMENT: parties should act to protect the

The principle of COMMON but DIFFERENTIATED

(1) Common responsibilities of parties to protect

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

should be achieved within a time frame sufficient to allow

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

Greenhouse gases (GHG) refers to constituents of

The Commission shall be an independent and autonomous

Commissioners to be appointed by the President, one of whom

RA 10121 NDRRMC 2010

A working group of various government, non-government,

Section 5. National Disaster Risk Reduction and Management

Overview of the councils power: Section 6. Powers and

Section 5. Composition of the Commission. The Commission

Section 7. Authority of the NDRRMC Chairperson. - The

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

Section 8. The Office of Civil Defense. - The Office of Civil

Section 13. Accreditation, Mobilization, and Protection of

Section 16. Declaration of State of Calamity. - The National

RA 10174 PEOPLES SURVIVAL FUND

SEC. 2. Declaration of Policy. It is the policy of the State to

Towards this end, the State adopts the principle of

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

Further recognizing that climate change and disaster risk

founded upon sound environmental considerations and the

SEC. 4. Creation of the Climate Change Commission.

SEC. 5. Composition of the Commission. The Commission

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

(e) Identification of potential co-benefits extending beyond

SEC. 19. Sources of the Fund

The Commission shall develop criteria to prioritize use of the

SEC. 25. Community Participation. To ensure transparency

The act mandates the government to reduce the countrys

(d) Cost effectiveness and attainability of the proposal;

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

d) ensure the availability of alternative and renewable

law was legislated to develop and utilize renewable

It mandated the incorporation of 1% biodiesel in diesel

DECLARATION OF POLICY: .reduce dependence on

c) Bioethanol - shall refer to ethanol (C&Ow)

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

concentration exceeding the limits to be

SEC. 4. Phasing Out of the Use of Harmful Gasoline

Incentive Scheme: specific tax, VAT,

Primary Agency: Department of Energy

SEC. 12. Prohibited Acts. - The following acts shall be

a) Diversion of biofuels, whether locally

d) Noncompliance'with the established

SOVEREIGNTY OVER NATURAL

AJDM Notes 2014 / Diato / L. Mendoza

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

(BEDAN LAW JOURNAL_ MARCH 2010

CASE : OROPOSA VS FORMOSA 224

the environment and natural resources. The original defendant

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

Every generation has a responsibility to the next to preserve that

ENVIRONMENTAL PROVISIONS OF 1987

Department of Health (DOH)