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Environmental law Reviewer

1. Climate Change Law
-Strengthen, integrate, consolidate and institutionalize government initiatives to
achieve coordination in the implementation of plans and programs to address
climate change in the context of sustainable development
-Provides for the system of protecting climate change system for the benefit of
the humankind on the basis of climate justice or common but differentiated
responsibilities
-Stabilize GHG concentrations in the atmosphere.
-Creates a Climate Change Commission(implements the law)
-Provides for the coordination of the NGOs, LGUs, academe, civic
organizations and the private and corporate sectors in order to promote the Act.

2. Paris Agreement (UNFCCC)
-Article 2 provides that the agreement aims to strengthen the global response to
the threat of climate change.
-Sought to limit the global average temperature increase from 2°C to 1.5°C in
order to reduce risks and impacts of climate change
-Parties to the Agreement shall prepare, communicate and maintain their
intended nationally determined contributions that they intend to achieve every 5
years and shall be recorded in the public registry
-Parties should take action to conserve and enhance sinks and reservoirs of
greenhouse gases including forests.
-Developed country Parties shall provide financial resources to assist
developing country Parties with respect to both mitigation and adaptation of
their obligations under the Convention
-Conference serves as the meeting of the Parties to the Paris Agreement and
shall assess the collective progress towards achieving their purpose and long
term goals referred to as the “global stocktake”

3. Biofuels Act of 2006
-Aims to reduce dependence on imported fuels with due regard to the protection
of public health, environment and natural resources
-Mitigation of the toxic and GHG emissions
-Within 6mos from effectivity, the DOE shall gradually phase out the use of
harmful gasoline additives
-Mandatory use of BioFuels
-Gives incentives to those who will invest in the production, distribution and
use of biofuels. (VAT exempt, financial assistance, exempt from wastewater
charges)

4. Renewable Energy Act
-Accelerate the exploration and development of renewable
resources(biomass, solar, wind, geothermal and ocean energy)

energy

-Increase and encourage the utilization of renewable energy
-Provides for the “Green Energy Option” that gives the end users an option to
choose renewable energy resources as their source of energy
-Provides for the “Waste-to-energy Technology” which convert biodegradable
materials into useful energy through various process such as anaerobic
digestion, fermentation and gastification.

5. Philippine Environmental Policy (PD 1151)
Policies: -Create, develop, maintain and improve conditions under which man
and nature can thrive in a productive and enjoyable harmony with each other
-Insure attainment of an environmental quality that is conducive to a life of
dignity and well-being.
Goals:
-Preserve important historic and cultural aspects of the Philippine history
-Recognize, discharge and fulfill the responsibilities of each generation as
trustee and guardian of the environment for the future generation.

d. development. Resilience-ability to withstand and recover from environmental disturbances c. Forest Management Bureau (FMB) /harmful alternative available b. Land Management Bureau (LMB) h. Fundamental Principles of Environmental Law (Draft Covenant on Environmental Development) a.6.each generation owes a duty to future ones to avoid impairing their abilities to fulfill their basic needs. renewal and conservation of the country’s forest. National Electrification Administration (NEA) . Proportionality. Environment Management Bureau (EMB)-abolished NEPC. NPCC and ECP e. Ecosystems Research and Development Bureau (ERDB) f. Interdependent Values (peace. management. of Environment. etc. d. Eradication of Poverty k. Common but Differentiated Responsibilities-depends on the capabilities and capacities *Intergenerational Equity. Prevention of Environmental Harm -Promote equitable access to the natural resources f. -For the sustainable development of Palawan which improves the quality of life of its people in the present and future generations c.utilizing the least burdensome a. Reorganization Act of DENR (EO 192) -Dept. Common Concern of humanity=global environment c. Mines and Geo-Sciences Bureau (MGB) i. Protected Areas and Wildlife Bureau (PAWB) ATTACHED AGENCIES and CORPORATIONS: a. respect for HR. Equity and Justice -Increase productivity of the natural resources to meet demands of thr growing population e. Right to Development-universal and inalienable j.DENR -Ensure sustainable use. Precaution BUREAUS: g.) 8. lands. Strategic Environmental Plan (SEP) for Palawan (RA 7611) -Serves as a comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the province. National Mapping and Resource Information Authority (NAMRIA) b. Natural Resources Development Corporation (NRDC) 7. Respect for all life forms b. minerals. and offshore areas and other natural resources. Energy and Natural Resources--.

Clean Water Act 12. no burning of solid waste. garden. Climate Change. recycling and reduction -No littering. -Prohibits the use of Open Dumps for solid waste (PAYATAS). Ecological Solid Waste Management System Act Factors contributing to the Solid Waste Problem: a. Flood. Philippine Environmental Code (PD 1152) -Achieve and maintain such levels of air.these are located wherever land is available without regard to safety.BROWN LEGISLATIONS 9. -Gives Incentives to those who have undertaken projects. and prohibits misfueling -Phasing out of Ozone-Depleting Substances Lead Agency: DENR 11. -Recognizes the right to breathe clean air and the right to utilize and enjoy all natural resources according to the principle of sustainable development -Provides for the emission standards for motor vehicles and banned act of incineration(burning of municipal and hazardous wastes which emits toxic fumes) -Regulates the use of fuel and fuel additives. water and land quality as to protect the public health and to prevent injury and /or damage to plant and animal life and property. technologies in the reuse. river basins or water resources regions. etc. -Provides for a systematic solid waste management system involving the public for the waste treatment and disposal. d. Clean Air Act -Formulate a holistic national program of air pollution management implemented through the proper delegation and coordination of functions and activities. -Educates people on how to handle wastes. health or aesthetic degradation---use of Sanitary Landfills instead -Provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach involving all stakeholders. -Provides for wastewater charges for those who discharge wastewater into a water body -All possible dischargers are required to put up an environment guarantee fund (EGF) as part of their environmental management plan that will finance the conservation of watershed and aquifers and also for rehabilitation purposes. -Provides for mandatory segregation of Solid Waste (dry. -LGUs shall share in the responsibility in the management and improvement of the water quality within the respective territory. sanitary. 10. hazardous. b. -Prohibits the discharge of any water pollutant to the water body. and to promote social and economic development of the country -Set guidelines for waste management -Provides for the Population-Environment Balance -Promotes Environmental Education and Research -Encourage participation of the LGUs and private individuals in the management and protection programs of the government -DENR in coordination with the National Water Resources Board (NWRB) shall designate certain areas as “water quality management areas” using appropriate physiographic units such as watershed. etc. Population growth Rapid urbanization Changing lifestyles Consumption Patterns -Solid wastes results to Pollution. c. wet. also prohibits disposal of potentially infectious medical waste into sea by vessels.) -Aims to protect the country’s water bodies from pollution caused by land based sources. no squatting in open dumps .

Survey of the area without the project (check the environmental conditions. -Prohibits the use of chemical substances who failed to comply with the requirements 14. -Prohibits entry of Exotic species into the country EXCEPT upon obtaining clearance from the Secretary/rep. nuclear(radioactive) *National Parks. disturbing or mere possession of plants or animals found in the protected areas 16.13. manufacture. processing.document issued by the DENR Secretary certifying that the proposed project or undertaking will not cause a significant negative environmental impact. occupancy or any form of exploitation. presence of animals. storage. Evaluation of the Project EIA!EIS(basis of the ECC)! ECC e. set aside to conserve the area or preserve its scenery -Provides for a pre-manufacturing and pre-importation requirement to be complied. Pangasinan. Mayon Volcano *Natural Monuments. National Integrated Protected Areas System Act (NIPAS Act) -Inform and educate the populace regarding the hazards and risks attendant of toxic chemicals and other substances -Secure perpetual existence of all native plants and animals through the establishments of a comprehensive system of integrated protected areas within the classification of national park under the Constitution. transportation and sale of all unregulated chemical substances *Protected Areas. Non-critical Areas(no ECC necessary but may be subject to additional environmental safeguards) *Environment Compliance Certificate.) 2.small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest/unique characteristics.forest reservations withdrawn from settlement. Wildlife Resources Conservation and Protection Act -Conserve country’s wildlife resources and habitats for sustainability -Regulates the collection and trade of wildlife -Threatened Species(critically endangered). Environment Impact Assessment -Process of predicting the likely environmental consequences of implementing a project and designing appropriate preventive mitigating and enhancing measures as an input to decision making -Designed to assess direst and indirect impacts of a project on the environment -Critical Areas(must obtain ECC). -Includes importation. Hundred Islands in Alaminos.g. Forecast of the area with the proposed project (what will happen to the area?) 3. . Vulnerable Species(likely to move to endangered category) -Prohibit possession of wildlife EXCEPT if can prove financial and technical capability and facility to maintain such wildlife. plants etc. and that the proponents have complied with all the necessary requirements in the EIA System. Simplified Procedure: 1. -An Environmental Impact Assessment is needed for activities outside the scope of the management plan for the protected area -Prohibits the destroying. there should be notice to the public of the proposed project and a Presidential Proclamation designating the area as a protected area. (Chocolate Hills in Bohol) -To be operationalized.portions of land and water set aside by reason of their unique physical and biological siginificance -Hazardous (unsafe). Toxic Substances and Hazardous and Nuclear Waste Control Act -Monitor and regulate the chemical substances and mixtures that present unreasonable risk or injury to health or to the environment GREEN LEGISLATIONS 15. -Provides for a Wildlife Management Fund that will finance rehabilitation and restoration of habitats. thereafter there will be testing in order to test whether the said substance may present an unreasonable risk to the health or the environment before it may be utilized.

water and other living resources that recognizes the strong linkages between the ecosystem services and human well-being 17.mining activities. develop protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide on equitable sharing in the nation’s wealth and natural resources *Small-scale Mining. Philippine Mining Act of 1995 20. People’s Small Scale Mining Act -Promote. labor using simple implements and methods and do not use explosives or heavy mining equipment.*ECOSYSTEM. microorganisms and their non living environment of which people are an integral part. access to reports and involves review procedures to ascertain whether requirements are followed . -Improve the productivity of aquaculture within ecological limits -Gives preference to municipal fisherfolk in exploiting fishery 18. animals. -Provincial/City Mining Regulatory Board implements the rules and regulations related to small-scale mining within their territory. development and rehabilitation of forest lands shall be emphasized so as to ensure continuity in the productive condition -Prohibits the sale of wood products without complying with the legal requirements -Promotes reforestation -Regulates mineral resources development in the country -Revitalize the ailing Philippine mining industry by providing fiscal reforms and incentives and maintaining the viable inventory of minerals to sustain the industry -10% share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources within mineral reservations shall accrue to the Mines and Geo-Sciences Bureau 21. Lead Agency: Department of Agriculture -Provides for the development and conservation of the fisheries and aquatic resources -Achieve food security and to provide limitation of the access to the fishery and other aquatic resources for the exclusive use and enjoyment of the Filipino citizens. Forestry Reform Code Implementing Agency: DENR-FMB -Land classification and survey shall be systematized and hastened -Provides that the protection. which rely heavily on manual. AARHUS Convention on Access to Justice on Environmental Matters -Regional convention and not an international agreement but it is adopted by regions for them to have their own -Provides for a multilateral environmental agreement -Follows a Right-based Approach 3 Pillars of the Convention: *Access to Information *Public Participation in Decision-Making (obligatory) *Access to Justice on Environmental Matters. *ECOSYSTEM MANAGEMENT APPROACH -an integrated strategy for managing land. Fisheries Code 19.a dynamic complex of plants.

who have continuously lived as organized community on communally bounded and defined territory and who have. Indigenous Peoples Rights Act of 1997 (RA 8371) -Recognize and promote the rights of the ICC/IP within framework of national unity and development -Provides for the establishment of necessary mechanisms to enforce and guarantee the realization of the rights. values.group of people or homogenous societies identified by self-ascription and ascription by other. RIGHTS of the ICC/IP to their Ancestral Domains: *environmental law. Captain. beliefs. under claims of ownership since time immemorial. Councilman and Brgy. occupied. Writ of Kalikasan -Remedy available to a natural/juridical person for the violation of his right to a balanced and healthful ecology -Special Civil Action Contents of the Writ of Kalikasan: *personal circumstances of the petitioner *name and personal circumstances of the respondent 23. customs. rights to their ancestral domain. *Indigenous Cultural Communities/IP. rule or regulation violated Where to file? SC or CA Prohibited Pleadings: *Motion to Dismiss *Motion for extension of time to file return *Motion for Postponement *Motion for Bill of Particulars *Counterclaim or cross-claim *Third-Party Complaint -Right of Ownership *Reply -Right to Develop Lands and Natural Resources *Motion to declare respondent in default -Right to Stay in Territories -Right to Safe and Clean Air and Water -Right to Self-governance and empowerment -Right to maintain Cultural Integrity . Captains to Enforce Pollution and Environmental Laws (PD 1161) Implementing Agency: DENR-EMB -Deputizing the Brgy. water. traditions. Zone Chairman as Peace Officers who shall have authority to effect arrest of violators of the national and local laws designed to prohibit the contamination of the soil. tradition. etc. Brgy. taking into consideration their customs. and other distinctive traits and became historically differentiated from the majority of the Filipinos.22. 24. possessed. Vesting Authority to Brgy.