Environmental Laws: Notes/Reviewer: Constitutional Provisions On Environmental Protection

Environmental Law Reviewer | 1
ENVIRONMENTAL LAWS:
Notes/Reviewer
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).
What is the difference between old natural
resources law and the environmental law we
have today?
Old: Use-oriented/profit-oriented, no thoughts on
what could happen, focuses on unlimited exploitation
of resources.
Present: Resource-oriented, basically aimed at longterm management and sustainable use of natural
resources.
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
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of the natural elements of the ecosystem. It is, in

other words, a forward-looking development.
CONSTITUTIONAL PROVISIONS ON
ENVIRONMENTAL PROTECTION
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).
UN FRAMEWORK CONVENTION ON
CLIMATE CHANGE (UNFCCC)
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.
Anything worth doing is worth doing poorly until you learn to do it well. -- Zig

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.
ASEAN AGREEMENT ON
TRANSBOUNDARY HAZE POLLUTION
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.
Another element underpinning the UNFCCC is the polluter
pays principle. This means that the party responsible for
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producing pollution is responsible for paying for the damage

done to the natural environment.
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.
MEMBERS OF ASEAN
Philippines
Brunei Darussalam
Laos
Malaysia
Myanmar
Singapore
Thailand
Vietnam
Indonesia
Cambodia
DENR BUREAUS AND ATTACHED

AGENCIES: ENVIRONMENTAL
FUNCTIONS
(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.
(1) Ecosystems Research and Development Bureauprincipal research and development (R & D) unit of DENR. Its
R & D and extension activities are focused on the 5 major
ecosystems of the Philippines which include forests, upland
farms, grassland and degraded areas, coastal zone and
freshwater, and urban areas.
(6) Protective Areas and Wildlife Bureau (PAWB)- The

Bureau shall have the following functions:
(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.
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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.
PD 1151: PHILIPPINE ENVIRONMENTAL

POLICY
Purpose: To protect the right of the people to a healthy
environment through a requirement of environmental
impact assessments and statements

Features:
(1) Declares 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, (c) to
ensure the attainment of an environmental quality
that is conducive to a life of dignity and well being
(2) In pursuing this policy , it shall be the responsibility
of the government, in cooperation of concerned
private organizations and entities, to use all
practicable means, consistent with other essential
considerations of national policy, in promoting the
general welfare to the end that the nation may (a)
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.
(3) In furtherance of these goals and policies, 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.
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(4) 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 on:
the environmental impact of the proposed
action, project, or undertaking;
any adverse environmental effect which
cannot be avoided should the proposal be
implemented;
alternative to the proposed action;
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
whenever a proposal involves the use of
depletable or non-renewable resources, a
finding must be made that such use and
commitment are warranted.
PD 1152: PHILIPPINE ENVIRONMENTAL

CODE
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, 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.
OPOSA VS FACTORAN
FACTS:
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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.
The right to a balanced and healthful ecology carries with it

the correlative right to refrain from impairing the
environment.
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, offshore 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.
FACTS:
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
rightthe 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.
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MANILA PRINCE HOTEL VS GSIS
Pursuant to the privatization program of the government,

GSIS decided to sell 30-51% of the issued and outstanding
shares ofthe Manila Hotel Corporation (MHC). Two bidders
participated, Manila Prince Hotel Corporation (MPHC) and
Malaysian Firm Renong Berhad (RB). MPHCs bid was at
P41.58/per share while RBs bid was at P44.00/share. RB
was the highest bidder hence it was logically considered as
the winning bidder but is yet to be declared so. Pending
declaration, MPHC matches RBs bid and invoked the Filipino
First policy enshrined under par. 2, Sec. 10, Art. 12 of the
1987 Constitution, but GSIS refused to accept. In turn MPHC
filed a TRO to avoid the perfection/consummation of the sale
to RB.
RB then assailed the TRO issued in favor of MPH arguing
among others that:
Par. 2, Sec. 10, Art. 12 of the 1987 Constitution needs
an implementing law because it is merely a
statement of principle and policy (not self-executing);
Even if said passage is self-executing, Manila Hotel
does not fall under national patrimony.
ISSUE: Whether or not RB should be admitted as the
highest bidder and hence be proclaimed as the legitimate
buyer of shares.
HELD:

No. MPHC should be awarded the sale pursuant to Art. XII of
the 1987 Constitution. This is in light of the Filipino First
Policy.
Par. 2, Sec. 10, Art. XII of the 1987 Constitution is selfexecuting. The Constitution is the fundamental, paramount
and supreme law of the nation, it is deemed written in every
statute and contract.
Manila Hotel falls under national patrimony. Patrimony
in its plain and ordinary meaning pertains to heritage. When
the Constitution speaks of national patrimony, it refers not
only to the natural resources of the Philippines, as the
Constitution could have very well used the term natural
resources, but also to the cultural heritage of the Filipinos. It
also refers to our intelligence in arts, sciences and letters.
Therefore, we should develop not only our lands, forests,
mines and other natural resources but also the mental
ability or faculty of our people. Note that, for more than 8
decades (9 now) Manila Hotel has bore mute witness to the
triumphs and failures, loves and frustrations of the Filipinos;
its existence is impressed with public interest; its own
historicity associated with our struggle for sovereignty,
independence and nationhood.
Herein resolved as well is the term Qualified Filipinos which
not only pertains to individuals but to corporations as well
and other juridical entities/personalities. The term qualified
Filipinos simply means that preference shall be given to
those citizens who can make a viable contribution to the
common good, because of credible competence and
efficiency. It certainly does NOT mandate the pampering and
preferential treatment to Filipino citizens or organizations
that are incompetent or inefficient, since such an
indiscriminate preference would be counter-productive and
inimical to the common good.
In the granting of economic rights, privileges, and
concessions, when a choice has to be made between a
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qualified foreigner and a qualified Filipino, the latter

shall be chosen over the former.
**Section 10. The Congress shall, upon recommendation of
the economic and planning agency, when the national
interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of
whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of
investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose
capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering
the national economy and patrimony, the State shall give
preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in
accordance with its national goals and priorities.
[Note: Cultural heritage: part of environmental law].
ENVIRONMENTAL FUNCTIONS OF
AGENCIES
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)
o Executive branch responsible for the promotion of
agriculture and fisheries development and growth.
o Emphasizes on the productivity and sustainability in
the use of agricultural resources.

o
o
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.
POLLUTION ADJUDICATION BOARD (EO

192)
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)
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Undersecretaries as may be designated by the Secretary,
the 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.
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).
Power and function maybe delegated to the DENR Regional
Officers in accordance with rules and regulations of the
Board.
PAB vs. CA
FACTS:
Solar Textile Finishing Corporation was involved in bleaching,
rinsing, and dyeing textiles with wastewater being directly
discharged into a canal leading to adjacent TullahanTinejeros River.
Petitioner Board, an agency charged with the task of
determining whether effluents of a particular industrial
establishments comply with or violate applicable antipollution 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
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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.
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.
E n v i r o n m e n t a l L a w R e v i e w e r | 10
MMDA vs. CONCERNED RESIDENTS OF

MANILA BAY
cleaning in general. They also asserted that cleaning of the

Manila Bay is not a ministerial act which can be compelled
by mandamus.
FACTS:
ISSUES:
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.
(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).
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
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LAGUNA LAKE DEVELOPMENT

AUTHORITY (LLDA): RA 4850 and EO
927
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).
R.A. No. 4850: AN ACT CREATING THE

LAGUNA LAKE DEVELOPMENT
AUTHORITY, PRESCRIBING ITS
POWERS, FUNCTIONS AND DUTIES,
PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES.
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
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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.
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;
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.
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 socioeconomic 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
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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, 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 subparagraph, 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
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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 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.
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E.O 927
-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.
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.
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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.
LLDA vs. CA
FACTS:
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.
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.
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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.
TANO vs. SOCRATES

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, and shipment of live marine coral-dwelling
aquatic organisms for 5 years within Palawan waters.
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.
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.
ISSUE: Whether the enactments are violative of preferential
rights.
HELD:
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
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.
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.
AARHUS CONVENTION ON PUBLIC

PARTICIPATION, ACCESS TO
INFORMATION, AND ENVIRONMENTAL
JUSTICE
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:
(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
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(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.
INDIGENOUS PEOPLES RIGHTS ACT of

1997
-A legislation recognizing and promoting all the rights of
indigenous cultural communities or indigenous peoples of
the Philippines.
It provides the ARTICULATION of numerous rights that
should be afforded to indigenous people which includes:
Right
Right
Right
Right
Right
Right
of ownership over land and natural resources

to develop lands and natural resources
to stay in territories
to safe and clean air and water
to claim parts of reservations
to resolve conflicts, among others.
It also provides for the ESTABLISHMENT of a process for the

formal recognition of land rights through the introduction of
the Certificate of Ancestral Domain Title (CADT) and the
ESTABLISHMENT of the National Commission on Indigenous
Peoples (NCIP), the agency mandated to protect the interest
of indigenous peoples.
[Note: Environmental Law also covers IPs because of their

traditional knowledge regarding the environment (plant and
animals) within their immediate surroundings.]
PD 1160: VESTING AUTHORITY IN

BARANGAY CAPTAINS TO ENFORCE
POLLUTION AND ENVIRONMENTAL
CONTROL LAWS AND FOR OTHER
PURPOSES.
-Law deputizing the Barangay Captain, the Barangay
Councilman and Barangay Zone Chairman as Peace Officers
in order to contain certain problems and grave danger
brought about by pollution, ecological imbalance, and other
environmental disturbance, and obviate any further
aggravation of the consequent danger to public, health,
safety, and national interest.
All laws to the contrary notwithstanding, the Barangay
Captain, the Barangay Councilman, and the Barangay Zone
Chairman are hereby deputized as peace officers, with
authority to effect arrest of violators in accordance with law,
for purposes of enforcing and implementing national and
local laws, ordinances and rules and regulations governing
pollution control and other activities which create imbalance
in the ecology or disturbance in environmental conditions.
The courts and proper prosecuting or administrative officials
or agencies shall give preference to the expeditious
disposition of cases involving a violation of the laws,
ordinances, rules and regulations referred to in Sec. 2 of this
Decree when the magnitude of the violation is such as to
adversely affect an entire or major portion of a community
as may be certified to by the National Pollution Control
Commission or the National Environmental Protection
Council as the case may be.
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CLEAN AIR ACT

-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 fuel-related 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.
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.
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
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the private sector including NGOs, POs, academe,

environmental groups and other private entities in a
multi-sectoral campaign.
CLEAN WATER ACT

-aims to protect the countrys water bodies from pollution
from land-based sources, industries and commercial
establishments, agriculture and community (household
activities).
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.
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;
(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;
(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
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;
(4) DOH shall be primarily responsible for the
promulgation, revision and enforcement of drinking
water quality standards;
(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
(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):
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.
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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;
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.
SOLID WASTE MANAGEMENT ACT (R.A.

No. 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
EXCLUDING INCINERATION [burning of waste].
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.
HAZARDOUS CHEMICAL ACT (R.A. No.

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.
The Department of Environment and Natural Resources shall
be the implementing agency and shall be assisted by the
Inter-Agency Advisory Council
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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
NDRMMC: NATIONALDISASTER RISK

REDUCTION MANAGEMENT COUNCIL
-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.
NIPAS ACT: National Integrated

Protected Areas System Act (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.
WILDLIFE ACT
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
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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.
FISHERIES CODE RA 8550 1998

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.
Virgin forests
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).
MINERAL RESOURCES CONSERVATION

ACT: RA 7942 1955
-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.
o
All mineral resources in public/private land including

timber or forest lands, shall be open to mineral
agreements/financial or technical assistance
agreement application.
The following are closed to mining applications:

In military and other government reservations except
upon prior written clearance by government agency
concerned.
Near or under public or private building, cemeteries,
historic sites etc. except upon written consent
Areas expressly prohibited by law.
Areas covered by small scale miners
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SMALL SCALE MINING ACT: RA7076

1991
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 big-time 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.
PD1586 (Environment Impact

Assessment)
--Law establishing an environmental impact statement
system, including other environmental management-related
measures.
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;
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(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
non-renewable resources, a finding must be made that such
use and commitment are warranted.
FEATURES:
Declared environmentally critical projects and areas

are required to obtain an Environmental Compliance
Certificate before operation
Environmentally Critical Projects includes heavy
industries, resource extractive industries,
infrastructure projects, 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
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 safeguarded. 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
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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.
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.
RP vs City of Davao: 388 SCRA 691

(2002)
FACTS:
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 DENREnvironmental Management Bureau (EMB). Attached is a
certificate from Planning & Development Office that the
project is not located in a critical area.
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.
Trail Smelter Arbitration vs Canada

(33 and 35 American Journal of
Environmental Law)
EMB denied application. It found:

Davao is located in an environmentally-critical area.
It must undergo Environmental Impact Assessment
process and submit EIS.
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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
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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.
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.
Corfu UK vs. Albania 1949ICJ4

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,
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before sweeping was carried out, it considered it

indispensable to decide what area of the sea should be
deemed to constitute this channel, and proposed the
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.
Issues:
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 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.
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 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 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.
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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 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,
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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.
RAMSAR CONVENTION ON WETLANDS

CONSERVATION
--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;
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
micro-organisms. 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.
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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).
CONVENTION ON BIOLOGICAL
DIVERSITY (CBD)
-
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
conservation and sustainable use of biological
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diversity 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 conservation and sustainable use of
biological diversity 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 support for such education and training for
the specific needs of developing countries;
Encouragement of research which contributes to the
diversity, particularly in developing countries;
Promoting the use of scientific advances in biological
diversity research in developing methods for
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 socio-economic 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.
WORLD HERITAGE CONVENTION (WHC)

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
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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 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.
CONVENTION ON INTERNATIONAL
TRADE IN ENDANGERED SPECIES
(CITES)
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.
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
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Ziglar
trade. (Example of species under Appendix I: tiger,

Himalayan brown bear, elephant, and Tibetan
antelope)
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)
3.
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)
INSTITUTIONAL ARRANGEMENTS IN
THE INTERNATIONAL LEVEL

Environmental Laws: Notes/Reviewer: Constitutional Provisions On Environmental Protection

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Environmental Laws: Notes/Reviewer: Constitutional Provisions On Environmental Protection

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Environmental Law Reviewer | 1

ENVIRONMENTAL LAW-has been defined as that

SUSTAINABLE DEVELOPMENT (Tagalog: Likaskayang pag-unlad) -often equated with

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of the natural elements of the ecosystem. It is, in

Environmental Law Reviewer | 2

Under the Convention, governments:

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producing pollution is responsible for paying for the damage

An agreement which binds a group of contiguous

The agreement requires parties to:

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DENR BUREAUS AND ATTACHED

(5) Mines and Geosciences Bureau (MGB)- government

(6) Protective Areas and Wildlife Bureau (PAWB)- The

(2) Environmental Management Bureau (EMB)- the

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Formulate and recommend policies, guidelines, rules

PD 1151: PHILIPPINE ENVIRONMENTAL

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(4) Pursuant to the above enunciated policies and goals,

PD 1152: PHILIPPINE ENVIRONMENTAL

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The principal petitioners are all minors duly represented and

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The right to a balanced and healthful ecology carries with it

Such a right as hereinafter expounded considers the

Every generation has a responsibility to the next to preserve

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MANILA PRINCE HOTEL VS GSIS

Pursuant to the privatization program of the government,

Environmental Law Reviewer | 7

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qualified foreigner and a qualified Filipino, the latter

Environmental Law Reviewer | 8

Reports on areas where marine life has to be

Department of Education (DepEd)

Philippine National Police (PNP)

POLLUTION ADJUDICATION BOARD (EO

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Environmental Law Reviewer | 9

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petitioner for certiorari. Case was, however, dismissed due

Appeal, not certiorari, is the proper remedy.

MMDA vs. CONCERNED RESIDENTS OF

cleaning in general. They also asserted that cleaning of the

At the core of this case is Manila Bay, a place with proud

Water quality had fallen way below the allowable

With the reckless, accumulated, and ongoing acts, omission,

(1) Whether Sec. 17 and 20 f PD 1152 under the

Petitioners appealed before the CA contending that the

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LAGUNA LAKE DEVELOPMENT

R.A. No. 4850: AN ACT CREATING THE

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Development Authority (NEDA) Board of such plan, to

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clearly beyond the scope, capacity, or interest or

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activities in or affecting the said lake including

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