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2011400084
Final Exams Environmental Law Class 2013-2014

This is the final exam of the Environmental Law Class of 2013-2014. It is


composed of two parts:

Part One: Substantive portion.


This is meant to trigger your skill on how to make the laws work to
achieve a higher goal of protecting the environment. You must
answer with the use of straight and correct English.

Part Two: Qualitative portion.


This is meant to give you the chance to reflect on what you have
learned in class.
You may use Filipino

The answers are to be sent to:


For San Beda Law Students, envilaw-sanbeda2014@gmail.com
The answers are to be submitted in electronic form.
Do not write your name or any identifying mark. Write only your student
number on the upper left hand of the first page of exams answers.

The questions that need to be answered have blank spaces. For ease of
writing, please encode your answers at the end of the questionsin color
blue.

Deadline:

March 29, 2014 at 12:00 noon, Philippine Standard Time

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Delays will be deducted at one per cent of
the final grade per minute of delay.
Delays of more than 60 minutes will no
longer be accepted. In real court filings, if
your pleading is submitted late, it may be
rejected and your case may be dismissed
outright.

-------------------------------------------------

PART ONE

Land and Forests

The new Secretary of the Department of Environment heard about how


you excelled in the Environmental Law Class while in law school. He hires
you as his staff assistant. He wants to protect the forests and to encourage
private landowners to plant trees and vegetables on their land.

1.

What is the first thing he needs to do to protect the forests? What is


the first thing that you need to know when you buy a piece of land?
_______
First he must know the Laws pertaining to the protection of the land
and forests so he will know who to punish and also know the points
of the law which is commonly violated. In buying a piece of land,
the buyer must first know if the land he is buying is an alienable and
disposable land. Because these lands refer to lands of public
domain which has been subject to present classification and
declared as not needed for forests purposes.

2.

What is an ecological encumbrance (or eco-lien)?

________ In environment, it is the right to, interest in, or


legal liability on real property that does not prohibit passing title to
the property but that diminishes its value. It is an obligation to the
environment.

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What is the legal basis to support this? ______ PD.705 and the
constitutional provisions pertaining to the Environment
1.

What is a conservation easement?

_________

a conservation easement (also called


a conservation basement, conservation
covenant, conservation restriction orconservation
servitude) is a power invested in a qualified private
land conservation organization (often called a "land
trust") or government (municipal, county, state or
federal) to constrain, as to a specified land area, the
exercise of rights otherwise held by a landowner so as to
achieve certain conservation purposes. It is an interest
in real property established by agreement between a
landowner and land trust or unit of government. The
conservation easement "runs with the land," meaning it
is applicable to both present and future owners of the
land. As with other real property interests, the grant of
conservation easement is recorded in the local land
records; the grant becomes a part of the chain of
title for the property.

3.

Using the land titling system, how can you use the idea of an ecolien to encourage private landowners to keep their lands in
vegetative condition sufficient to prevent erosion and adverse
effects on the lowland and streams? _____ I will encourage the
private landowners that we should plant fruits or vegetables in our
private property to prevent erosion and other harmful effects to us
by not planting. Because if we dont plant, nothing will sip the water
caused by the rain and the flood. If we plant, we should plant
vegetables or things that we can eat so it cannot only save the
environment but it can also save us.

4.

How will you use the real property tax system to encourage people
to plant vegetables on their urban lands? _____By citing:
Section 75. Tax declaration on real property. Imprisonment for a
period of not less than two (2) nor more than four (4) years and
perpetual disqualification from holding an elective or appointive
office, shall be imposed upon any public officer or employee who
shall issue a tax declaration on real property without a certification
from the Director of Forest Development and the Director of Lands
or their duly designated representatives that the area declared for

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taxation is alienable and disposable lands, unless the property is
titled or has been occupied and possessed by members of the
national cultural minorities prior to July 4, 1955.
Why is it important to teach urban dwellers how to plant and grow
vegetables? _____
So that in case they do not have food to eat, they will still survive because
they planted fruits and vegetables.
Tip:
The answer to this question may be found in the definition of forests
in the Revised Forestry Code (Pres. Decree 705) and in the Chapter on
Land in the book The Laws of Nature and Other Stories.

Waters

Marine Waters

During your internship in the SEA Camp in Bantayan Island, you


joined an enforcement operation of the legendary Visayan Sea Squadron.
In the middle of the night, you join law enforcement personnel and seize
commercial fishing boat fishing in municipal waters without any permit. It
also uses explosives to stun the fish, uses heavy metal objects to pound
on the corals to scare the fish
out of the coral reefs, and also
used a very high-powered light
to attract the fish.

The boat does not even


bear a name and has no
fishing license issued by the
Bureau of Fisheries. The fish
workers in the boat are not
registered, and some are even
minors.

Using the Fisheries Code (Rep Act 8550), what are the cases that
you can file against the persons involved?

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Violation of Sections:
Section 26. Commercial Fishing Vessel License and Other Licenses. - No
person shall operate a commercial fishing vessel, pearl fishing vessel or fishing
vessel for scientific, research or educational purposes, or engage in any fishery
activity, or seek employment as a fishworker or pearl diver without first securing a
license from the Department, the period of which shall be prescribed by the
Department:
Section 29. Registration and Licensing of Fishing Gears Used in Commercial
Fishing. - Before a commercial fishing vessel holding a commercial fishing vessel
license may begin fishing operations in Philippine waters, the fishing gear it will utilize
in fishing shall be registered and a license granted therefor. The Department shall
promulgate guidelines to implement this provision within sixty (60) days from
approval of this Code.
Section 88. Fishing Through Explosives, Noxious or Poisonous Substance,
and/or Electricity. (1) It shall be unlawful for any person to catch, take or gather or cause to be
caught, taken or gathered, fish or any fishery species in Philippine waters with the
use of electricity, explosives, noxious or poisonous substance such as sodium
cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render
unconscious fish or fishery species: Provided, That the Department, subject to
such safeguards and conditions deemed necessary and endorsement from the
concerned LGUs, may allow, for research, educational or scientific purposes only,
the use of electricity, poisonous or noxious substances to catch, take or gather
fish or fishery species: Provided, further, That the use of poisonous or noxious
substances to eradicate predators in fishponds in accordance with accepted
scientific practices and without causing adverse environmental impact in
neighboring waters and grounds shall not be construed as illegal fishing.

Who will be the respondents in the case? Boat Captain? Owner?


Who else?
All. Including The corporation oroperator, the boat captain and
the master fishing man.

What cases will you file against the persons and for violation of
what specific provision/s in the Fisheries Code and other related
laws?
Violation of Sec. 26, 29 and 88 of the Fisheries code.

You file the cases against the culprits, in the arraignment they all
plead guilty. The judge pronounces their sentence but puts them on
probation so long as they act as fish wardens to protect the seas that they
once destroyed. They are ordered to put up marine/fish sanctuaries in the
municipal waters of the town where they illegally fished.

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The Mayor is present in the hearing. Both the judge and the Mayor
ask you if under the Fisheries Code (RA 8550) there is any legal basis to
put up fish sanctuaries? _________
Yes. Because it is provided in Sec.81 which states:
Section 81. Fish Refuge and Sanctuaries. - The Department
may establish fish refuge and sanctuaries to be administered in the
manner to be prescribed by the BFAR at least twenty-five percent (25%)
but not more than forty percent (40%) of bays, foreshore lands,
continental shelf or any fishing ground shall be set aside for the cultivation
of mangroves to strengthen the habitat and the spawning grounds of fish.
Within these areas no commercial fishing shall be allowed. All marine
fishery reserves, fish sanctuaries and mangrove swamp reservations
already declared or proclaimed by the President or legislated by the
Congress of the Philippines shall be continuously administered and
supervised by the concerned agency: Provided, however, That in municipal
waters, the concerned LGU in consultation with the FARMCs may establish
fishery refuge and sanctuaries. The FARMCs may also recommend fishery
refuge and sanctuaries: Provided, further, That at least fifteen percent
(15%) where applicable of the total coastal areas in each municipality shall
be identified, based on the best available scientific data and in
consultation with the Department, and automatically designated as fish
sanctuaries by the LGUs in consultation with the concerned FARMCs.

What is the purpose of a fish sanctuary? A Fishery Refuge and


Sanctuaries is a designated area where fishing or other forms of activities
which may damage the ecosystem of the area is prohibited and human
access may be restricted.
Does the Fisheries Code have an applicable provision? ______
Yes. Sec. 36 which provides:
... 36. Fishery Refuge and Sanctuaries - a designated area where fishing
or other forms of activities which may damage the ecosystem of the area
is prohibited and human access may be restricted..
Freshwater

What are rainwater catchment ponds or rain gardens? How can they be
the solution to the flooding problem of urban areas?

Rain water catchment pond is pond dug in the lowest part of a


patch of land. Being on the lowest portion of the land, the pond is

where water will naturally accumulate. By digging a hole, the excess


water will have a place to go.
Since the bottom of this pond is not paved with concrete (and would
normally be permeable lime or sand and stones), the excess water
is absorbed back into the ground to replenish the depleted
groundwater table (aquifer).
Rain garden is a planted depression or a hole that allows
rainwater runoff from impervious urban areas, like roofs, driveways,
walkways, parking lots, and compacted lawn areas, the opportunity
to be absorbed. This reduces rain runoff by allowing storm water to
soak into the ground (as opposed to flowing into storm
drains and surface waters which causes erosion, water
pollution, flooding, and diminished groundwater)

Air and the Atmosphere:

Does emission include noise? Yes

You live in a quiet neighborhood. One day, a videoke bar was


allowed by the Municipal Mayor and the Barangay Captain to operate near
your house. The peace and silence of your home is shattered by the
customers of the videoke bar. They would blare out their disintunado (and
often drunken) singing even up to late at night and until the week hours in
the morning. You even hear of reports that a secret cyberporn operation is
being conducted behind the curtains of the videoke bar. The drunkenness
that goes on in the Bar sometimes result in bar brawls, stabbings, and the
presence of shady characters and low-flying women (mabababang lipad)
loitering in the streets near your house.
With your working knowledge of Environmental Law, will you take it all in
silence and bear the pain of the noise that disturbs you, your family, and
your entire neighborhood?
__ Yes, ___ No
Or will you do something?
__ Yes, __ No.

Is this a nuisance? What is a nuisance under the Civil Code?_____


Yes it is considered as a nuissance. Under art. 694 of the civil code which
states that:

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Art. 694. A nuisance is any act, omission, establishment, business, condition of
property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or
street, or any body of water; or
(5) Hinders or impairs the use of property

What can and what will you do? _____


I will report such noise or nuissance to the Barangay.
What is the duty of the Barangay Captain/Chairman as stated in the Local
Government Code?Cite the exact provision (section, paragraph, and the
phrase of the pertinent section of the Local Government Code). ______
Under the Local Government Code, Sec. 389 and Sec. 402
SECTION 389. Chief Executive: Powers, Duties, and
Functions. - (a) The Punong Barangay,
as the chief executive of the Barangay government, shall exercise
such powers and perform
such duties and functions, as provided by this Code and other
laws.
(b) For efficient, effective and economical governance, the
purpose of which is the general
welfare of the Barangay and its inhabitants pursuant to Section
16 of this Code, the
Punong Barangay shall:
(a) Enforce all laws and ordinances which are applicable within
the Barangay;
(b) Negotiate, enter into, and sign contracts for and in behalf of
the Barangay, upon
authorization of the Sangguniang Barangay;
(c) Maintain public order in the Barangay and, in pursuance
thereof, assist the city or
municipal mayor and the sanggunian members in the performance
of their duties and
functions;
(d) Call and preside over the sessions of the Sangguniang
Barangay and the Barangay
assembly, and vote only to break a tie;

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(e) Upon approval by a majority of all the members of the
Sangguniang Barangay,
appoint or replace the Barangay treasurer, the Barangay
secretary, and other
appointive Barangay officials;
(f) Organize and lead an emergency group whenever the same
may be necessary for
the maintenance of peace and order or on occasions of emergency
or calamity within
the Barangay;
(g) In coordination with the Barangay development council,
prepare the annual executive
and supplemental budgets of the Barangay;
(h) Approve vouchers relating to the disbursement of Barangay
funds;
(i) Enforce laws and regulations relating to pollution control and
protection of the
environment;
(j) Administer the operation of the Katarungang PamBarangay in
accordance with the
provisions of this Code;
(k) Exercise general supervision over the activities of the
Sangguniang Kabataan;
(l) Ensure the delivery of basic services as mandated under
Section 17 of this Code; ..
...SECTION 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation
panels provided herein;
(b) Meet regularly once a month to provide a forum for exchange
of ideas among its
members and the public on matters relevant to the amicable
settlement of disputes, and
to enable various conciliation panel members to share with one
another their
observations and experiences in effecting speedy resolution of
disputes; and
(c) Exercise such other powers and perform such other duties and
functions as may be
prescribed by law or ordinance.
For allowing this disturbance to go on, can he be held liable for nonperformance of his duty under the Rep. Act 3019 (Anti-Graft and Corrupt

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Practices Law?) _____ Cite the exact provision and the phrase of the
pertinent section of the Anti-Graft Law? ______
Yes. Sec. 3, paragraph (F) of RA. 3019 states the corrupt practice of public
officers. In this case this provision applies:
....(f) Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before him
for the purpose of obtaining, directly or indirectly, from any person interested
in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party...
What about the Mayor, what is his duty? ______
Under the Local Government code, it stated the duties of the
Mayor:
Article One. - The Municipal Mayor
SECTION 444. The Chief Executive: Powers, Duties, Functions and
Compensation. - (a) The
municipal mayor, as the chief executive of the municipal
government, shall exercise such powers
and perform such duties and functions as provided by this Code
and other laws.
(b) For efficient, effective and economical governance the purpose
of which is the general
welfare of the municipality and its inhabitants pursuant to section
16 of this Code, the
municipal mayor shall:
(1) Exercise general supervision and control over all programs,
projects, services, and
activities of the municipal government, and in this connection,
shall:
(i) Determine the guidelines of municipal policies and be
responsible to the
Sangguniang Bayan for the program of government;
(ii) Direct the formulation of the municipal development plan, with
the assistance of
the municipal development council, and upon approval thereof by
the
Sangguniang Bayan, implement the same;
(iii) At the opening of the regular session of the Sangguniang
Bayan for every
calendar year and, as may be deemed necessary, present the
program of
government and propose policies and projects for the
consideration of the

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Sangguniang Bayan as the general welfare of the inhabitants and
the needs of
the municipal government may require;
(iv) Initiate and propose legislative measures to the Sangguniang
Bayan and, from
time to time as the require, provide such information and data
needed or
requested by said sanggunian in the performance of its legislative
functions;
Appoint all officials and employees whose salaries and wages are
wholly or
mainly paid out of municipal funds and whose appointments are
not otherwise
provided for in this Code, as well as those he may be authorized
by law to
appoint; situation may
(v) Appoint all officials and employees whose salaries and wages
are wholly or
mainly paid out of municipal funds and whose appointments are
not otherwise
provided for in this Code, as well as those he may authorized by
law to appoint;
(vi) Upon authorization by the Sangguniang Bayan, represent the
municipality in all
its business transactions and sign on its behalf all bonds,
contracts, and
obligations, and such other documents made pursuant to law or
ordinance;
(vii) Carry out such emergency measures as may be necessary
during and in the
aftermath of man-made and natural disasters and calamities;
(viii) Determine, according to law or ordinance, the time, manner
and place of
payment of salaries or wages of the officials and employees of the
municipality;
(ix) Allocate and assign office space to municipal and other
officials and employees
who, by law or ordinance, are entitled to such space in the
municipal hall and
other buildings owned or leased by the municipal government;
(x) Ensure that all executive officials and employees of the
municipality faithfully
discharge their duties and functions as provided by law and this
Code, and cause
to be instituted administrative or judicial proceedings against any
official or

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employee of the municipality who may have committed an offense
in the
performance of his official duties;
(xi) Examine the books, records and other documents of all
offices, officials, agents
or employees of the municipality and in aid of his executive
powers and authority,
require all national officials and employees stationed in or
assigned to the
municipality to make available to him such books, records, and
other documents in their custody, except those classified by law
as confidential;
(xii) Furnish copies of executive orders issued by him to the
provincial governor
within seventy-two (72) hours after their issuance: Provided, That
municipalities
of Metropolitan Manila Area and that of any metropolitan political
subdivision
shall furnish copies of said executive orders to the metropolitan
authority council
chairman and to the Office of the President;
(xiii) Visit component Barangays of the municipality at least once
every six (6) months
to deepen his understanding of problems and conditions therein,
listen and give
appropriate counsel to local officials and inhabitants, inform the
component
Barangay officials and inhabitants of general laws and ordinances
which
especially concern them, and otherwise conduct visits and
inspections to the end
that the governance of the municipality will improve the quality of
life of the
inhabitants;
(xiv) Act on leave applications of officials and employees
appointed by him and the
commutation of the monetary value of leave credits according to
law;
(xv) Authorize official trips outside of the municipality of
municipal officials and
employees for a period not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or
assigned to the
municipality to advise him on matters affecting the municipality
and to make
recommendations thereon, or to coordinate in the formulation
and

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implementation of plans, programs and projects, and when
appropriate, initiate
an administrative or judicial action against a national government
official or
employee who may have committed an offense in the performance
of his official
duties while stationed in or assigned to the local government unit
concerned;
(xvii) Subject to availability of funds, authorize payment of
medical care, necessary
transportation, subsistence, hospital or medical fees of municipal
officials and
employees who are injured while in the performance of their
official duties and
functions;
(xviii) Solemnize marriages, any provision of law to the contrary
notwithstanding;
(xix) Conduct a palarong bayan, in coordination with the
Department of Education,
Culture and Sports, as an annual activity which shall feature
traditional sports
and disciplines included in national and international games; and
(xx) Submit to the provincial governor the following reports: an
annual report
containing a summary of all matters pertaining to the
management,
administration and development of the municipality and all
information and data
relative to its political, social and economic conditions; and
supplemental reports
when unexpected events and situations arise at any time during
the year,
particularly when man-made or natural disasters or calamities
affect the general
welfare of the municipality, province, region or country. Mayors of
municipalities
of the Metropolitan Manila Area and other metropolitan political
subdivisions shall
submit said reports to their respective metropolitan council
chairmen and to the
Office of the President;
(2) Enforce all laws and ordinances relative to the governance of
the municipality and
the exercise of its corporate powers provided for under Section 22
of this Code,
implement all approved policies, programs, projects, services and
activities of the
municipality and, in addition to the foregoing, shall:

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(j) Ensure that the acts of the municipality's component
Barangays and of its
officials and employees are within the scope of their prescribed
powers,
functions, duties and responsibilities;
(ii) Call conventions, conferences, seminars or meetings of any
elective and
appointive officials of the municipality, including provincial
officials and
national officials and employees stationed in or assigned to the
municipality
at such time and place and on such subject as he may deem
important for
the promotion of the general welfare of the local government unit
and its
inhabitants;
(iii) Issue such executive orders as are necessary for the proper
enforcement and
execution of laws and ordinances;
(iv) Be entitled to carry the necessary firearm within his territorial
jurisdiction;
(v) Act as the deputized representative of the National Police
Commission,
formulate the peace and order plan of the municipality and upon
its approval,
implement the same and exercise general and operational control
and
supervision over the local police forces in the municipality in
accordance with
R.A. No. 6975;
(vi) Call upon the appropriate law enforcement agencies to
suppress disorder,
riot, lawless violence, sedition or to apprehend violators of the
law when
public interest so requires and the municipal police forces are
inadequate to
cope with the situation or the violators; rebellion or
(3) Initiate and maximize the generation of resources and
revenues, and apply the same
to the implementation of development plans, program objectives
and priorities as
provided for under Section 18 of this Code,particularly those
resources and revenues
programmed for agro-industrial development and country-wide
growth and progress,
and relative thereto, shall:

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(i) Require each head of an office or department to prepare and
submit an
estimate of appropriations for the ensuing calendar year, in
accordance with
the budget preparation process under Title Five, Book II of this
Code;
(ii) Prepare and submit to the sanggunian for approval the
executive and
supplemental budgets of the municipality for the ensuing
calendar year in the
manner provided for under Title Five, Book II of this Code;
(iii) Ensure that all taxes and other revenues of the municipality
are collected,
and that municipal funds are applied in accordance with law or
ordinance to
the payment of expenses and settlement of obligations of the
municipality;
(iv) Issue licenses and permits and suspend or revoke the same
for any violation
of the conditions upon which said licenses or permits had been
issued,
pursuant to law or ordinance;
(v) Issue permits, without need of approval therefor from any
national agency,
for the holding of activities for any charitable or welfare purpose,
excluding
prohibited games of chance or shows contrary to law, public
policy and public
morals;
(vi) Require owners of illegally constructed houses, buildings or
other structures to obtain the necessary permit, subject to such
fines and penalties as may be
imposed by law or ordinance, or to make necessary changes in the
construction of the same when said construction violates any law
or
ordinance, or to order the demolition or removal of said house,
building or
structure within the period prescribed by law or ordinance;
(vii) Adopt adequate measures to safeguard and conserve land,
mineral, marine,
forest, and other resources of the municipality; provide efficient
and effective
property and supply management in the municipality; and protect
the funds,
credits, rights and other properties of the municipality; and
(viii) Institute or cause to be instituted administrative or judicial
proceedings for

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violation of ordinances in the collection of taxes, fees or charges,
and for the
recovery of funds and property; and cause the municipality to be
defended
against all suits to ensure that its interests, resources and rights
shall be
adequately protected;
(4) Ensure the delivery of basic services and the provision of
adequate facilities as
provided for under Section 17 of this Code and, in addition
thereto, shall:
(j) Ensure that the construction and repair of roads and highways
funded by the
national government shall be, as far as practicable, carried out in
a spatially
contiguous manner and in coordination with the construction and
repair of the
roads and bridges of the municipality and the province; and
(ii) Coordinate the implementation of technical services rendered
by national and
provincial offices, including public works and infrastructure
programs in the
municipality; and
(5) Exercise such other powers and perform such other duties and
functions as may be
prescribed by law or ordinance.
(c) During his incumbency, the municipal mayor shall hold office in
the municipal hall.
(d) The municipal mayor shall receive a minimum monthly
compensation corresponding to
Salary Grade twenty-seven (27) as prescribed under R.A. No. 6758
and the
implementing guidelines issued pursuant thereto.
Using the Clean Air Act (Rep. Act 8749), can you file a citizens suit against
the owner/s and/or managers of the videoke bar, the Barangay Captain
and the Mayor? What is a citizens suit ______?
Yes. A citizens suit is a suit wherein private citizen can bring a lawsuit
against a citizen, a corporation or a government body for engaging in
conduct prohibited by the statute. It is common in the Environmental law.
What is your legal basis? Is noise an emission defined under the Clean Air
Act? ________
Under RA 8749, it recognizes the right of the citizens wherein it states in
Sec.4 par.H that it recognizes:

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...(h) The right to bring action in court for compensation of personal
damages resulting from the adverse environmental and public health
impact of a project or activity...
Noise is an emission that can harm the health of people. Noise can
damage our eardrums, it can cause lack of sleep which can also affect our
health thereby entitling the doer for damages.
What provision of the Revised Penal Code can you apply to file a case
against those responsible for the noise that goes on even until the wee
house of the night?
It is provided in the Alarms and Scandals of the Revised penal code which
states:
Art. 155. Alarms and scandals. The penalty of arresto menor or
a fine not exceeding P200 pesos shall be imposed upon:
1. Any person who within any town or public place, shall discharge any
firearm, rocket, firecracker, or other explosives calculated to cause alarm
or danger;
2. Any person who shall instigate or take an active part in any charivari or
other disorderly meeting offensive to another or prejudicial to public
tranquility;
3. Any person who, while wandering about at night or while
engaged in any other nocturnal amusements, shall disturb the
public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any
disturbance or scandal in public places, provided that the circumstances of
the case shall not make the provisions of Article 153 applicable

______________

Hearing that you sent a written complaint to the Barangay Captain


alleging wrongdoing by the owners of the videoke bar, they hire a team of
top criminal lawyers and unleash them at you. The videoke lawyers 1
promptly file cases against you for unjust vexation, libel, and damages for
one million pesos. (A videoke lawyer is defined as a member of the legal
profession who is like a videoke machine. Just plunk in money into its slot,

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and it will play whatever song you want it to sing, no matter how
disintunado.)
Will you be one such videoke lawyer? _________No. Because I am a person
with principle and I think what is prohibited is prohibited. What is law is the
LAW. If they dont like to be sued, then they should find a way to remove
that law. But since they cannot, they should be liable for such act.
What provision of the Clean Air Act and the Rules of Procedure for
Environmental Cases can you invoke against the lawsuits filed against
you?
Under the Clean air act, I will invoke:
(h) The right to bring action in court for compensation of personal
damages resulting from the adverse environmental and public health
impact of a project or activity.
Is environmental protection the sole responsibility of the Dept. of
Environment and Natural Resources (DENR)?_______

No. Because the DENR is also responsible for to:


Assure the availability and sustainability of the country's
natural resources through their judicious use and systematic
restoration or replacement, whenever possible; Increase the
productivity of natural resources in order to meet the
demands for forest, mineral and land resources of a growing
population in a manner consistent with environmental
protection and enhancement; Enhance the contribution of
natural resources for achieving national economic, political,
social development and ecological integrity; Promote
equitable access to natural resources by the different sectors
of the populations; Maintain a desirable level of environmental
quality; Conserve specific terrestrial and marine areas
representative of the Philippine natural and cultural heritage
for present and future generations

What is the exact phrase and provision of the Local Government Code that
states the local governments responsibility to protect the environment?
SEC. 389 Par. I states:
...(i) Enforce laws and regulations relating to pollution control and
protection of the
environment;..
______________

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Someone is open burning their basura beside the road. Is there an


applicable provision against the open burning of wastes in the Ecological
Solid Waste Management Law?
Yes. Under (3)SEC.48 of the Ecological Solid waste management law it
prohibits:
..3) The open burning of solid waste...
_________

----------------------------x

PART TWO

Qualitative:

What is the Environment? Why is it not easily understood nor


resonate in the minds and hearts of ordinary people? Is it about the
birds and the bees and the flowers and the trees? Or is it about
.. ? ______
The Environment is the totality of our surroundings or where we live
in. People dont usually understand what the environment is
because they limit their knowledge of environment from what a
community is. So there are times when people are concerned about
only on one specific barangay, school, house, etc. Because they
believe that it is the environment the community. The Environment
is not only about the birds, the trees, the flower and the bees. It is
about the whole world. Wherever we go it is the environment. The
sky, the air, the water, every place we go is our environment so
when we say Everyone should be concern about the Environment
it only means that we should be concerned of the world.

What have your learned from your four months of the


Environmental Law class, if any? _______
I have learned that I contribute alot into worsening the pollution in
our environment. That Land, air and water (LAW) are so important. I
learned to appreciate water, air and land more. When one reported
about how was it way back in the 80s and 90s, I knew what shes
been talking about because I had been there. I remember that kids

20
dont drink mineral waters before. I was lucky enough to experience
clean water from the faucet because it was fresh naman noon.
Naalala ko noon sobrang nag-enjoy ako sa childhood ko kasi
nakakapaglaro ako sa labas kasama yung mga kalaro ko.
Nakakapaglaro kami ng takbuhan, mata-mataya, taguan at
nakakapag gitara pa kami sa labas ng bahay. It was really a great
bonding. I remember me and my family went to Tagaytay. Nagpicnic
kami tapos naghohorse back riding. Ngayon ang mga bata sobrang
into technology na sila. Laptop, tablet, computers, iphone, ipod etc.
Hindi nila alam dahil sa technolohiyang ito nawawala na yung bond
sa pagitan ngpamilya at magkakaibigan. Yes, we enjoy playing
online games, but nothing can ever beat the happiness kasama ang
family at friends. Ito kasi ang mga bagay na hindi pedeng i-save sa
memory card or SD card, hindi marereformat or ulitin ulit. Hindi din
nila alam dahil sa teknolohiya at pagunlad nito nasisira naman ang
kalikasan. Kaya kung mabawasan sana unti unti ang pag abuso sa
teknolohiya hindi lang Earth ang masi-save natin pati na din ang
relasyon sa pagitan ng magkakaibigan at pamilya. Because I think
main factor din ito sa mga ganun.

My nephews and niece bonding time.


3.

What have you done, both as a member of the class, and in your
individual capacity? _________
What significance did your actions have? _________
I learned to plant trees gaya ng tinuro po sa class. Natutunan ko din
ang masamang epekto ng plastic. Alam ko hindi nabubulok ang
plastic kapag itinapon, siguro naging kalabit nadin sakin ni Lord at
ng kalikasan na alam mo pala bakit mo ginagawa?. Kasi talaga
noon isa ako sa contributors ng pagtatapon ng plastic. Pero ngaun
dahil sa narealized ko at na-emphasized sakin ng himay himay
talaga sa class, naglagay ako ng sako sa bahay. Kasi in our house
we always buy 1.5 softdrinks, juices, water na nasa plastic. Dati si
tapon lang ako. Kahit san basta basurahan tapon lang enjoy enjoy.
Ngayon nagulat sila may sako na tapos panay plastic ang
nakalagay. My family always sees me putting the used plastic

21
bottles sa sako so sila din nasasanay na. Hindi ko sila sinabihan na
itapon dun yung plastic bottles nila pero atleast sila na ang
nagkukusa. My moms friend is a vice president of a plastic
company so Im sure they can re-use this tomake it useful again by
making it into plastic chairs, organizers, etc.
4.

Even after your Environmental Law Class, what will you do?
______________.

I will still continue what I have learned and right now I am teaching
my young niece the proper mindset. I always tell her na kapag tinapon
mo yang basura mo kahit san kahit gaano pa yan kaliit, kapag inisip mo
madami ang gumagawa nyan sa tingin mo kakainin ba ng lupa ang
plastic? Lagi kong hinihikayat yung mga pamangkin ko na magbonding.
Maglaro sa labas hindi panay computer at tablets. Bukod sa tipid kuryente,
save the earth, hindi pa nila mamimiss ang pinaka magandang event sa
buhay ng isang bata, yun ay ang makipaglaro.

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