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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

INTRODUCTION

ENVIRONMENTAL LAW-has been defined as that set of legal rules


addressed specifically to activities which potentially affect the quality of
the environment, whether natural or man-made. It consists of
international and national laws relating to the protection and
enforcement of the environment and encompasses both hard law
(i.e. international treaties and national legislations) and soft law (i.e.
guidelines, standards, etc.). Its elements are derived from sectoral
subject areas (e.g., air, marine and inland water, soil, energy, biological
diversity) and functional tasks (e.g. environmental impact assessment,
natural resources accounting, environmental auditing, etc.) [Craig,
2002).

UNFCC AND KYOTO PROTOCOL

International Environmental Treaty that was produced at the UN


Conference on Environment and Development. It is aimed at
STABILIZING greenhouse gas concentrations in the atmosphere at a
level that would prevent interference with climate system.

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

gather and share information on greenhouse gas emissions,


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

KEY ELEMENT: parties should act to protect the climate system on


the basis of EQUALITY and in accordance with their COMMON
BUT DIFFERENTIATED responsibilities and respective
capabilities.

AJDM Notes 2014 / Diato / L. Mendoza

The principle of COMMON but DIFFERENTIATED


responsibilities includes 2 elements: (Very important. Tinatanong ni
Ambatol pag malapit na finals. Tinanong din sa final exam)

(1) Common responsibilities of parties to protect the


environment, parts of it, at the national, regional, and global
levels
(2) Need to take into account the different circumstances,
particularly each partys contribution to the problem and its
ability to prevent, reduce, and control threat.
*** Common: everyone is in the same position (ex. Everyone uses machinery)
*** Differentiated: developed countries has more responsibility because they deal
with the activities in large scale (ex. More machineries for factories)
Another element underpinning the UNFCCC is the polluter pays
principle. This means that the party responsible for producing pollution is
responsible for paying for the damage done to the natural environment.
KYOTO PROTOCOL
Sets emission targets for developed countries which are binding under
international law
Countries must meet their targets primarily through national measures

PHILIPPINE LAWS:
RA 9729 CLIMATE CHANGE ACT

Section 2. Declaration of Policy. It is the policy of the State to afford full protection
and the advancement of the right of the people to a healthful ecology in accord with
the rhythm and harmony of nature. In this light, the State has adopted the Philippine
Agenda 21 framework which espouses sustainable development, to fulfill human
needs while maintaining the quality of the natural environment for current and future
generations.
Towards this end, the State adopts the principle of protecting the climate
system for the benefit of humankind, on the basis of climate justice or common but
differentiated responsibilities and the Precautionary Principle to guide decisionmaking in climate risk management. As a party to the United Nations Framework
Convention on Climate Change, the State adopts the ultimate objective of the
Convention which is the stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference with
the climate system which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that food production is not

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


threatened and to enable economic development to proceed in a sustainable
manner.1awphil As a party to the Hyogo Framework for Action, the State likewise
adopts the strategic goals in order to build national and local resilience to climate
change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential dangerous
consequences of climate change such as rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fires, floods and storms, climate-related
illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys
environment, culture, and economy, the State shall cooperate with the global
community in the resolution of climate change issues, including disaster risk
reduction. It shall be the policy of the State to enjoin the participation of national and
local governments, businesses, nongovernment organizations, local communities and
the public to prevent and reduce the adverse impacts of climate change and, at the
same time, maximize the benefits of climate change. It shall also be the policy of the
State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all
climate change and renewable energy efforts, plans and programs. In view thereof,
the State shall strengthen, integrate, consolidate and institutionalize government
initiatives to achieve coordination in the implementation of plans and programs to
address climate change in the context of sustainable development.
Further recognizing that climate change and disaster risk reduction are
closely interrelated and effective disaster risk reduction will enhance climate change
adaptive capacity, the State shall integrate disaster risk reduction into climate change
programs and initiatives.
Cognizant of the need to ensure that national and subnational government
policies, plans, programs and projects are founded upon sound environmental
considerations and the principle of sustainable development, it is hereby declared the
policy of the State to systematically integrate the concept of climate change in various
phases of policy formulation, development plans, poverty reduction strategies and
other development tools and techniques by all agencies and instrumentalities of the
government

Greenhouse gases (GHG) refers to constituents of the atmosphere that


contribute to the greenhouse effect including, but not limited to, carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and
sulfur hexafluoride.

The Commission shall be an independent and autonomous body and shall


have the same status as that of a national government agency. It shall be
attached to the Office of the President.

AJDM Notes 2014 / Diato / L. Mendoza

Section 5. Composition of the Commission. The Commission shall be composed of the


President of the Republic of the Philippines who shall serve as the Chairperson, and
three (3) Commissioners to be appointed by the President, one of whom shall serve
as the Vice Chairperson of the Commission.

RA 10121 NDRRMC 2010

A working group of various government, non-government, civil sector, and


private sector organizations of the Philippines. It is under the Department
of National Defense. The Council is responsible for ensuring the
protection and welfare of the people during disasters/emergencies.

Section 5. National Disaster Risk Reduction and Management Council. - The present
National Disaster Coordinating Council or NDCC shall henceforth be known as the
National Disaster Risk Reduction and Management Council, hereinafter referred to
as the NDRRMC or the National Council.
The National Council shall be headed by the Secretary of the Department
of National Defense (DND) as Chairperson with the Secretary of the Department of
the Interior and Local Government (DILG) as Vice Chairperson for Disaster
Preparedness, the Secretary of the Department of Social
Welfare and Development (DSWD) as Vice Chairperson for Disaster
Response, the Secretary of the Department of Science and Technology (DOST) as
Vice Chairperson for Disaster Prevention and Mitigation, and the Director-General
of the National Economic and Development Authority (NEDA) as Vice
Chairperson for Disaster Rehabilitation and Recovery.

Overview of the councils power: Section 6. Powers and Functions of the


NDRRMC. - The National Council, being empowered with policy-making,
coordination, integration, supervision, monitoring and evaluation functions

Section 7. Authority of the NDRRMC Chairperson. - The Chairperson of the


NDRRMC may call upon other instrumentalities or entities of the government and
nongovernment and civic organizations for assistance In terms of the use of their
facilities and resources for the protection and preservation of life and properties in
the whole range of disaster risk reduction and management. This authority includes
the power to call on the reserve force as defined in Republic Act No. 7077 to assist
in relief and rescue during disasters or calamities.

Section 8. The Office of Civil Defense. - The Office of Civil Defense (OCD) shall have
the primary mission of administering a comprehensive national civil defense and
disaster risk reduction and management program by providing leadership in the
continuous development of strategic and systematic approaches as well as measures
to reduce the vulnerabilities and risks to hazards and manage the consequences of
disasters.

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National
Service Reserve Corps, CSOs and the Private Sector. - The government agencies, CSOs,
private sector and LGUs may mobilize individuals or organized volunteers to
augment their respective personnel complement and logistical requirements in the
delivery of disaster risk reduction programs and activities. The agencies, CSOs,
private sector, and LGUs concerned shall take full responsibility for the
enhancement, welfare and protection of volunteers, and shall submit the list of
volunteers to the OCD, through the LDRRMOs, for accreditation and inclusion in
the database of community disaster volunteers

Section 16. Declaration of State of Calamity. - The National Council shall recommend to
the President of the Philippines the declaration of a cluster of barangays,
municipalities, cities, provinces, and regions under a state of calamity, and the lifting
thereof, based on the criteria set by the National Council. The President's declaration
may warrant international humanitarian assistance as deemed necessary.
The declaration and lifting of the state of calamity may also be issued by
the local sanggunian, upon the recommendation of the LDRRMC, based on the
results of the damage assessment and needs analysis.

RA 10174 PEOPLES SURVIVAL FUND

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


protection and the advancement of the right of the people to a healthful ecology in
accord with the rhythm and harmony of nature. In this light, the State has adopted
the Philippine Agenda 21 framework which espouses sustainable development, to
fulfill human needs while maintaining the quality of the natural environment for
current and future generations.
Towards this end, the State adopts the principle of protecting the climate
system for the benefit of humankind, on the basis of climate justice or common but
differentiated responsibilities and the Precautionary Principle to guide decisionmaking in climate risk management. As a party to the United Nations Framework
Convention on Climate Change (UNFCCC), the State adopts the ultimate objective
of the Convention which is the stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference with
the climate system which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a sustainable manner.
As a party to the Hyogo Framework for Action, the State likewise adopts the strategic
goals in order to build national and local resilience to climate change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential dangerous
consequences of climate change and global warming such as increasing temperatures,

AJDM Notes 2014 / Diato / L. Mendoza

rising seas, changing landscapes, increasing frequency and/or severity of droughts,


fire, floods and storms, climate-related illnesses and diseases, damage to ecosystems,
biodiversity loss that affect the countrys environment, culture, and economy, the
State shall cooperate with the global community in the resolution of climate change
issues, including disaster risk reduction. It shall be the policy of the State to enjoin the
participation of national and local governments, businesses, nongovernment
organizations, local communities and the public to prevent and reduce the adverse
impacts of climate change and, at the same time, maximize the potential benefits of
climate change. It shall also be the policy of the State to incorporate a gendersensitive, pro-children and pro-poor perspective in all climate change and renewable
energy efforts, plans and programs. In view thereof, the State shall strengthen,
integrate, consolidate and institutionalize government initiatives to achieve
coordination in the implementation of plans and programs to address climate change
in the contest of sustainable development.
Further recognizing that climate change and disaster risk reduction and
management are closely interrelated and effective disaster risk reduction and
management will enhance adaptive capacity to climate change, climate variability and
extreme climate events, the State shall integrate disaster risk reduction into climate
change programs and initiatives.
Cognizant of the need to ensure that national and sub-national government
policies, plans, programs and projects are founded upon sound environmental
considerations and the principle of sustainable development, it is hereby declared the
policy of the State to systematically integrate the concept of climate change in various
phases of policy formulation, development plans, poverty reduction strategies and
other development tools and techniques by all agencies and instrumentalities of the
government.
SEC. 4. Creation of the Climate Change Commission. There is hereby
established a Climate Change Commission, hereinafter referred to as the
Commission.
Thu Commission shall be an independent and autonomous body and shall have the
same status as that of a national government agency. It shall be attached to the Office
of the President.
The Commission shall be the lead policy-making body of the government,
which shall be tasked to coordinate, monitor and evaluate the programs and action
plans of the government in order to ensure the mainstreaming of climate change into
the national, sectoral and local development plans and programs pursuant to the
provisions of this Act.
SEC. 5. Composition of the Commission. The Commission shall be composed
of the President, of the Republic of the Philippines who shall serve as the

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Chairperson, and three (3) Commissioners to be appointed by the President, one of
whom shall be appointed as Vice Chairperson of the Commission.

SEC. 18. Creation of the Peoples Survival Fund. A Peoples Survival Fund
(PSF) is hereby established as a special fund in the National Treasury for the
financing of adaptation programs and projects based on the National Strategic
Framework. (according to Amb. Tolentino this is merely suppletory to other climate change
programs)
SEC. 19. Sources of the Fund One billion pesos (P1,000,000,000.00) shall be
appropriated under the General Appropriations Act (GAA) as opening balance of the
PSF balance of the PSF including the amount appropriated in the GAA which
shall form part of the fund shall not revert to the general fund
SEC. 21. The Peoples Survival Fund Board. There is hereby created a Peoples
Survival Fund Board, hereinafter referred to as the PSF Board, which shall be lodged
under the Commission
SEC. 24. Prioritization of Fund Allocation. The Commission shall develop
criteria to prioritize use of the fund based on, but not. limited to, the following:
(a) Level of risk and vulnerability to climate change;
(b) Participation of affected communities in the design of the project;
(c) Poverty reduction potential;
(d) Cost effectiveness and attainability of the proposal;
(e) Identification of potential co-benefits extending beyond LGU territory;
(f) Maximization of multi-sectoral or cross-sectoral benefits;
(g) Responsiveness to gender-differentiated vulnerabilities; and
(h) Availability of climate change adaptation action plan.
SEC. 25. Community Participation. To ensure transparency and participation
of vulnerable and marginalized groups in the adaptation projects to be supported by
the fund, community representatives and/or NGO counterparts may participate as
observers in the project identification, monitoring and evaluation process of the
Commission.

BIOFUEL ACT

The act mandates the government to reduce the countrys dependence on


imported fuels, to phase out the use of harmful gasoline additives, to rather
use biofuels, and to create an incentive scheme. With the creation of a
National Biofuel Board (NBB), it shall monitor the Biofuel Program and
ensure the sufficient supply of sugar to meet the domestic demands

AJDM Notes 2014 / Diato / L. Mendoza

Implementing agency:
Main agency: Department of Energy
Supporting agency/agencies: Department of Environment and
Natural Resources (DENR), Department of Labor and
Employment (DOLE), Department of Finance (DOF),
Department of Science and Technology (DOST), Department of
Trade and Industry (DTI), Departent of Agriculture (DOA),
National Biofuel Board, Bureau of Internal Revenue (BIR), the
Bureau of Customs (BOC), the Philippine Council for Industry
and Energy Research and Development (PCIERD), and local
government units (LGUs)
law was legislated to develop and utilize renewable energy, to mitigate toxic
and greenhouse gas effects, to decrease the countrys dependence on
imported fuel and to increase rural employment and income.
It mandated the incorporation of 1% biodiesel in diesel and 5% bioethanol
in gasoline by 2009.
DECLARATION OF POLICY: .reduce dependence on imported fuels
with due regard to the protection of public health, the environment, and
natural ecosystems consistent with the countrys sustainable economic
growth that would expand opportunities for livelihood by mandating the use
of biofuels. as a measure to: a) develop and utilize indigenous renewable and
sustainably-sourced clean energy sources to reduce dependence on imported
oil; b) mitigate toxic and greenhouse gas (GHG) emissions; c) increase rural
employment and income; and d) ensure the availability of alternative and
renewable clean energy without any detriment to the natural ecosystem,
biodiversity and food reserves of the country.
DEFINITION OF TERMS
c) Bioethanol - shall refer to ethanol (C&Ow) produced

d) Biodiesel - shall refer to Fatty Acid Methyl Ester (FAME) or

mono-alkyl esters derived from vegetable oils or animal fats and


other biomass-derived oils that shall be technically proven and
approved by the DOE for use in diesel engines, with quality
specifications in accordance with the Philippine National Standards
(PNS); 3
e) Bioethmol Fuel - shall refer to hydrous or anhydrous bioethanol

suitably denatured for use as motor fuel, with quality specifications


in accordance with the PNS;

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

f) Biofuel - shall refer to bioethanol and biodiesel and other fuels


made from biomass and primarily used for motive, thermal and
power generation, with quality specifications in accordance with
the PNS;
g) Biomass - shall refer to any organic matter, particularly cellulosic
or ligno-cellulosic matter, which is available on a renewable or
recurring basis, including trees, crops and associated residues, plant
fiber, poultry litter and other animal wastes, industrial wastes, and
the biodegradable component of solid waste;

SEC. 4. Phasing Out of the Use of Harmful Gasoline Additives and/or


Oxygenates. - Within six months from the effectivity of this Act
Incentive Scheme: specific tax, VAT, exempt from wastewater charges,
financial assistance
Primary Agency: Department of Energy
SEC. 12. Prohibited Acts. - The following acts shall be prohibited
a) Diversion of biofuels, whether locally produced or

imported, to purposes other than those envisioned in this


Act;
b) Sale of biofuel-blended gasoline or diesel that fails to

comply with the minimum biofuel-blend by volume in


violation of the requirement under Section 5 of this Act;
c)
Dishibution, sale and use of automotive fuel containing

harmful additives such as, but not limited to, MTBE at


such concentration exceeding the limits to be determined
by the NBB
d) Noncompliance'with the established guidelines of the

PNS and DOE adopted for the implementation of this


Act; and
e)
False labeling of gasoline, diesel, biofuels and

biofuelblended gasoline and diesel.

SOVEREIGNTY OVER NATURAL RESOURCES:


CHANGE OF CONCEPT OR CHANGE OF
PERCEPTION (BEDAN REVIEW VOL. 1
ALABANG)
(READ FULL TEXT)

AJDM Notes 2014 / Diato / L. Mendoza

Take Note of the following


1. Change in the concept of Sovereignty
2. Permanent Sovereignty Over Natural Society?
3. Transboundary Natural Resources
4. Equitable Utilization that states are entitled to a reasonable and equitable
share in the beneficial uses of transboundary natural resources. No use or
category is inherently superior to any other use or category of use
5. Should we relax the concept of sovereignty? Why?
6. Why toward humankind oriented from state- oriented laws?
7. Functional Sovereignty

ENVIRONMENTAL GOVERNANCE:
SUSTAINABLE DEVELOPMENT THORUGH
ENVIRONMENTAL LAW (BEDAN LAW
JOURNAL_ MARCH 2010 PAGE 17

(READ FULL TEXT)


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

CASE : OROPOSA VS FORMOSA 224 SCRA 792


(WHAT IS SUSTAINABLE DEVELOPMENT?)
FACTS:

The principal petitioners are all minors duly represented and joined by their respective
parents. Impleaded as an additional plaintiff is the Philippine Ecological Network,
Inc. (PENI), a domestic non-stock and non-profit corporation organized for the
purpose of engaging in concerted action geared for protection of the environment

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


and natural resources. The original defendant was Hon. Fulgencio Factoran, Jr.,
Secretary of DENR.

the performance of their obligation to ensure the protection of that right for the
generations to come.

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.

(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 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.

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.

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.

The right to a balanced and healthful ecology carries with it the correlative right to
refrain from impairing the environment.

ENVIRONMENTAL
CONSTITUTION

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.
Such a right as hereinafter expounded considers the rhythm and harmony of
nature. Nature means the created world in its entirety. Such rhythm and harmony
indispensably include, inter alia, the judicious disposition, utilization, management,
renewal, and conservation of the countrys forest, mineral, land, waters, fisheries,
wildlife, off-shore areas, and other natural resources to the end that their exploration,
development, and utilization be equitably accessible to the present as well as future
generations.
Every generation has a responsibility to the next to preserve that rhythm and
harmony for the FULL ENJOYMENT of a balanced and healthful ecology. The
minors assertion of their right to a sound environment constitutes, at the same time,

AJDM Notes 2014 / Diato / L. Mendoza

PROVISIONS

OF

1987

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

ROLE OF GOVERNMENTAL INSTITUTIONS IN


ENVIRONMENTAL ADMINISTRATION
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.

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


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 Reports on areas where marine life has to be restored.
o 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

AJDM Notes 2014 / Diato / L. Mendoza

MANAGEMENT (e.g. It may order LGUs to determine if they have proper


wastewater treatment facilities).
Philippine
Atmospheric
Geophysical
and
Astronomical
Services
Administration (PAGASA).
o Government agency for weather forecasting, flood control, astronomical
observations, and time service.
o Maintains NATIONWIDE NETWORK pertaining to observation and
forecasting of weather and other climatological conditions affecting national
safety, welfare, and economy.
o Undertakes researches on the structure, development, and motion of
typhoons and formulates measures for their moderation.
o Maintains effective linkages with scientific organization here and abroad,
and promotes exchange of scientific information and cooperation among
personnel engaged in atmospheric, geological, and astronomical studies.

DENR AND ITS BUREAUS

DENR: Reorganized under EO 192


PAB is under the Office of the president
Applicable: Doctrine of Exhaustion
(1) Ecosystems Research and Development Bureau-principal 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.
(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.

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


It is an agency of the Philippine government under the Department of
Environment and Natural Resources responsible for administering,
surveying, managing, and disposing Alienable and Disposable (A&D) lands
and other government lands not placed under the jurisdiction of other
government agencies.
(5) Mines and Geosciences Bureau (MGB)- government agency
responsible for the conservation, management, development, and proper use
of the countrys mineral resources including those in reservations and lands
of public domains.
(6) Protective Areas and Wildlife Bureau (PAWB)- The Bureau shall
have the following functions:

Formulate and recommend policies, guidelines, rules and


regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks,
wildlife sanctuaries and refuge, marine parks, and biospheric
reserves;
Formulate an up-to-date listing of endangered Philippine flora
and fauna and recommend a program of conservation and
propagation of the same;
Assist the Secretary in the monitoring and assessment of the
management of the Integrated Protected Areas System and
provide technical assistance to the regional offices in the
implementation of programs for these areas;
Formulate and recommend policies, guidelines, rules and
regulations for the preservation of biological diversity, genetic
resources, the endangered Philippine flora and fauna;
Perform other functions as may be assigned by the Secretary
and/or provided by law.

POLLUTION ADJUDICATORY BOARD

The Pollution Adjudication Board (PAB) is a quasi-judicial body created under


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

AJDM Notes 2014 / Diato / L. Mendoza

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.

RA 4850 AN ACT CREATING THE LAGUNA LAKE


DEVELOPMENT AUTHORITY

The LLDA was organized by virtue of Republic Act No. 4850 as a quasigovernment agency with regulatory and proprietary functions. Through
Presidential Decree 813 in 1975, and Executive Order 927 in 1983, its
powers and functions were further strengthened to include environmental
protection and jurisdiction over the lake basins surface water. In 1993,
through Executive Order 149, the administrative supervision over LLDA
was transferred from the Office of the President to the Department of
Environment and Natural Resources (DENR).

LLDA has jurisdiction over the following towns/cities


he jurisdiction and scope of authority of Laguna Lake
Development Authority comprises the towns of Rizal and Laguna
Provinces, towns of Silang, General Mariano Alvarez, Carmona,
Tagaytay City in Cavite, Lucban, Quezon, City of Tanauan, towns
of Sto. Tomas and Malvar in Batangas, Cities of Marikina, Pasig,
Taguig, Muntinlupa, Pasay, Caloocan, Quezon and town of Pateros
in Metro Manila.
Special Powers and Functions
1) To make a comprehensive survey of the physical and natural resources and
potentialities of the Laguna Lake region particularly its social and economic
conditions, hydrologic characteristics, power potentials, scenic and tourist
spots, regional problems, and on the basis thereof, to draft a comprehensive
and detailed plan designed to conserve and utilize optimally the resources
within the region particularly Laguna de Bay to promote the region's rapid
social and economic development and upon approval by the National
Economic and Development Authority (NEDA) Board of such plan, to
implement the same including projects in line with said plan: Provided, That
implementation of all fisheries plans and programs of the authority shall

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


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.
a.

The Authority and national and local government offices, agencies


and public corporations shall coordinate their plans, programs,

AJDM Notes 2014 / Diato / L. Mendoza

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 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.
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;

7)

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


8)

To lend or facilitate the extension of financial assistance and/or act as surety


or guarantor to worthwhile agricultural, industrial and commercial
enterprises;

9)

To reclaim or cause to the reclaimed portions of the Lake or undertake


reclamation projects and/or acquire such bodies of land from the lake which
may be necessary to accomplish the aims and purposes of the Authority
subject to the approval of the NEDA Board: Provided, That the land so
reclaimed shall be the property of the Authority and title thereto shall be
vested in the Authority: Provided, further, That the resulting lake shore shall
continue to be owned by the national government.

10) The provisions of existing laws to the contrary notwithstanding, to engage in


fish production and other aqua-culture projects in Laguna de Bay and other
bodies of water within its jurisdiction and in pursuance thereof to conduct
studies and make experiments, whenever necessary, with the collaboration
and assistance of the Bureau of Fisheries and Aquatic Resources, with the
end in view of improving present techniques and practice. Provided, That
until modified, altered or amended by the procedure provided in the
following sub-paragraph, the present laws, rules and permits or
authorizations remain in force;
11) For the purpose of effectively regulating and monitoring activities in Laguna
de Bay, the Authority shall have exclusive jurisdiction to issue new permit
for the use of the lake waters for any projects or activities in or affecting the
said lake including navigation, construction, and operation of fishpens, fish
enclosures, fish corrals and the like, and to impose necessary safeguards for
lake quality control and management and to collect necessary fees for said
activities and projects: Provided, That the fees collected for fisheries may be
shared between the Authority and other government agencies and political
sub-divisions in such proportion as may be determined by the President of
the Philippine upon recommendation of the Authority's Board: Provided,
further, That the Authority's Board may determine new areas of fisheries
development or activities which it may place under the supervision of the
Bureau of Fisheries and Aquatic taking into account the overall
development plans and programs for Laguna de Bay and related bodies of
water: Provided, finally, That the Authority shall subject to the approval of
the President of the Philippines promulgate such rules and regulations which
shall govern fisheries development activities in Laguna de Bay which shall
take into consideration among others the following: socioeconomic

AJDM Notes 2014 / Diato / L. Mendoza

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.

10

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

EO
927
FURTHER
DEFINING
CERTAIN
FUNCTIONS AND POWERS OF THE LAGUNA
LAKE DEVELOPMENT AUTHORITY
-Further defines certain functions and powers of the Laguna Lake Development
Authority.

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.

Additional Powers and Functions of LLDA under E.O 927:


1.

2.

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.
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.

AJDM Notes 2014 / Diato / L. Mendoza

Further, to effectively regulate and monitor activities in the Laguna de Bay region, the
Authority shall have exclusive jurisdiction to issue permit for the use of all surface
water for any projects or activities in or affecting the said region including navigation,
construction, and operation of fishpens, fish enclosures, fish corrals and the like.

CASE: PAB vs CA GT 93891 March 11, 1991


FACTS:

Solar Textile Finishing Corporation was involved in bleaching, rinsing, and dyeing
textiles with wastewater being directly discharged into a canal leading to adjacent
Tullahan-Tinejeros River.
Petitioner Board, an agency charged with the task of determining whether effluents of
a particular industrial establishments comply with or violate applicable anti-pollution
statutory and regulatory provisions have been remarkably forbearing, enforced the
applicable standards vis--vis Solar.
Petitioner issued an ex parte order directing Solar to immediately cease and desist
from utilizing its wastewater pollution source installations. Solar then went to the
RTC on petitioner for certiorari. Case was, however, dismissed due to the following:

11

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

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.

CASE: LLDA vs CA GR 120865-71 December 7, 1995


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

AJDM Notes 2014 / Diato / L. Mendoza

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.
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.

12

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

PD 7611STRATEGIC ENVIRONMENTAL
(SEP) FOR PALAWAN ACT

PLAN

SEC. 4 Strategic Environmental Plan. - A comprehensive framework for


the sustainable development of Palawan compatible with protecting and
enhancing the natural resources and endangered environment of the
province is hereby adopted. Such framework shall be known as the Strategic
Environmental Plan for Palawan, hereinafter referred to as SEP, and shall
serve to guide the local government of Palawan and the government
agencies concerned in the formulation and implementation of plans,
programs and projects affecting said province.
SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The SEP
shall have as its general philosophy, the sustainable development of Palawan,
which is the improvement in the quality of life of its people in the present
and future generations through the use of complementary activities of
development and conservation that protect life-support ecosystem and
rehabilitate exploited areas to allow upcoming generations to sustain
development growth.
o (1) Ecological viability - The physical and biological cycles that
maintain the productivity of natural ecosystems must always be
kept intact.
o (2) Social acceptability - The people themselves, through
participatory process, should be fully committed to support
sustainable development activities by fostering equity in access to
resources and the benefits derived from them.
o (3) Integrated approach - This allow for a holistic view of problems
and issues obtaining in the environment as well as opportunities
for coordination and sharing that will eventually provide the
resources and political will to actually implement and sustain SEP
activities.
SEC. 6 Legal effects. - The SEP shall serve as the framework to guide the
government agencies concerned in the formulation and implementation of
plans, programs and projects affecting the environment and natural
resources of Palawan
SEC. 7 Environmentally Critical Areas Network (ECAN) - The SEP
shall establish a graded system of protection and development control over
the whole of Palawan, including its tribal lands, forest, mines, agricultural
areas, settlement areas, small islands mangroves, coral reefs, seagrass beds
and the surrounding sea.

AJDM Notes 2014 / Diato / L. Mendoza

CASE: TANO VS. SOCRATES 278 SCRA 154


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 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.

CASE: MMDA VS CONCERNED CITIZENS OF


MANILA BAY GR 171947 DECEMBER 8, 2008
FACTS:

At the core of this case is Manila Bay, a place with proud historic past, once
brimming with marine life, but now a dirty and slowly dying expanse mainly due to

13

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


official indifference of people and institutions that could have otherwise made a
difference.

where its state will adversely affect its best usage. This is not conditional on
occurrence of any pollution incident.

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.

(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).

The complaint alleged the following:

Water quality had fallen way below the allowable standards set by law (as
confirmed by the DENR). Given the sample water collected, the amount of
fecal coliform content is beyond the standard.
The continued neglect of officials violates several laws

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


defendants resulting in clear and present danger to public health and in the depletion
and contamination of the marine life of Manila Bay, the RTC held petitioner liable
and ordered to clean up and rehabilitate Manila Bay and to restore its water quality to
class B waters fit for swimming, skin-diving, and other forms of contact recreation.
Petitioners appealed before the CA contending that the provisions of Environmental
Code (PD 1152) relate only to the cleaning of specific pollution incidents and do not
cover cleaning in general. They also asserted that cleaning of the Manila Bay is not a
ministerial act which can be compelled by mandamus.
ISSUES:
(1) Whether Sec. 17 and 20 f PD 1152 under the headings, Upgrading of Water
Quality and Clean-Up Operations, envisage a clean-up in general or are they
limited only to the cleanup of specific pollution incidents?
(2) Can petitioner be compelled by mandamus to clean up and rehabilitate
Manila Bay?
HELD:
(1) NO. Sec. 17 does not state that government agencies concerned ought to
confine themselves to containment, removal, and cleaning operations when
specific pollution incident occurs.
On the contrary, Sec. 17 requires them to act even in the absence of specific
pollution incident, as long as the water quality has deteriorated to a degree

AJDM Notes 2014 / Diato / L. Mendoza

PHILIPPINE ENVIRONMENT POLICY PD 1151

Purpose: To protect the right of the people to a healthy environment through a


requirement of environmental impact assessments and statements
POLICY
It is hereby declared a continuing policy of the State (a) to create, develop,
maintain and improve conditions under which man and nature can thrive in
productive and enjoyable harmony with each other, (b) to fulfill the social,
economic and other requirements of present and future generations of
Filipinos, and (c) to insure the attainment of an environmental quality that is
conducive to a life of dignity and well-being.
GOAL: (pertains to sustainable development/wise use concept during this time was
not yet recognized or known)
recognize, discharge, and fulfil the responsibilities of each generation as
trustee and guardian of the environment for the succeeding generations,
(b) assure the people of a safe, decent, helpful, productive, and aesthetic
environment,
(c) encourage the widest exploitation of the environment without degrading
it, or endangering human life, health, and safety or cr4eating conditions
adverse to agriculture, commerce, and industry,
(d) preserve important historic and cultural aspects of the Philippine
heritage,
(e) attain a rational and orderly balance between population and resource
use,
(f) improve the utilization of renewable and non-renewable resources.
RIGHT TO A HEALTHY ENVIRONMENT
the government recognizes the right of the people to a healthful
environment. It shall be the duty and responsibility of each individual to

14

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


contribute to the preservation and enhancement of the Philippine
environment.
ENVIRONMENTAL IMPACT STATEMENTS
Pursuant to the above enunciated policies and goals, all agencies and
instrumentalities of the national government, including all government
owned and controlled corporations as well as private corporations and firms
and entities shall prepare, file, and include in every action, project, or
undertaking which significantly affects the quality of the environment a
detailed statement
CLASS NOTES:
Policy direction / guide

PHILIPPINE ENVIRONMENTAL CODE PD 1152

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

AJDM Notes 2014 / Diato / L. Mendoza

guide and encourage appropriate government agencies in establishing sound,


efficient, comprehensive and effective wastes management covering both
solid and liquid wastes
NOTE: For PD 1152, usually, Ambatol gives the student reciting much leeway on
choosing a specific title he/she wants to recite on. For example: Title II: Water Quality
Management. So, make sure to read one specific title thoroughly.
OTHER TOPICS:
1. Air Quality Management
2. Water Quality Management
3. Land Use Management (land use, industrial lands,)
4. Nature Resources Management and Conservation (fisheries and aquatic resources,
wildlife, forestry and soil conservation, flood control and natural calamities,
energy development, conservation and utilization of surface ground waters,
mineral resources)
5. Waste Management
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance
Section 53. Environmental Education. The Department of Education and
Culture shall integrate subjects on environmental education in its school
curricula at all levels
Section 55. Monitoring and Dissemination of Environmental Information of Foreign
Origin. The Council shall keep itself informed of current environmental
developments by obtaining information and literature from foreign sources
Section 56. Incentives. To operate the installation and the utilization of
pollution control facilities (according to Amb. Tolentino some of the
provision of this section was stopped since it was abused it became a
controversial issue)
Section 57. Financial Assistance/Grant.
Section 58. Participation of Local Government Units and Private Individuals. It shall
be the responsibility of local government units as well as private individuals
to actively participate in the environmental management and protection
programs of the government.
Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be
the duty of every person to help preserve the historic and cultural resources
of the country such as sites, structures, artifacts, documents, objects,
memorials and priceless trees.
CLASS NOTES:
This law sets the standards for quality

15

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

It also incite cooperation and coordination (not only government offices but
everyone)
NPCC NPEC Reorganized to become DENR (NPCC and NPEX is
under the EMB)

ESTABLISHING AN ENVIRONMENTAL IMPACT


STATEMENT PD1586
OVERVIEW: it is the study of the environment WITH or WITHOUT the chemical
project
Law establishing an environmental impact statement system, including other
environmental management-related measures.
This is a PLANNING/MANAGEMENT tool
EIA procedure
EIS document passed to the Department
Purpose: To attain and maintain a rational and orderly balance between socioeconomic growth and environmental protection
This established an ENVIRONMENTAL IMPACT STATEMENT
SYSTEM founded and based on environmental impact statement, required under
Section 4 of P.D. No. 1151, of all agencies, instrumentalities of national government,
including GOCCs, as well as private corporations and entities for every proposed
project/undertaking which significantly affect the quality of the environment.
Section 4 of P.D. No. 1151 provides:
Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and
goals, all agencies and instrumentalities of the national government, including
government-owned or controlled corporations, as well as private corporations firms
and entities shall prepare, file and include in every action, project or undertaking
which significantly affects the quality of the environment a detail statement on:
(a) The environmental impact of the proposed action, project or undertaking
(b) Any adverse environmental effect which cannot be avoided should the proposal
be implemented;
(c) Alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the environment are
consistent with the maintenance and enhancement of the long-term productivity of
the same; and
(e) Whenever a proposal involves the use of depletable or non-renewable resources, a
finding must be made that such use and commitment are warranted.

AJDM Notes 2014 / Diato / L. Mendoza

WHO DECLARES THE CRITICAL AREAS


Section 4. Presidential Proclamation of Environmentally Critical Areas and
Projects. - The President of the Philippines may, on his own initiative or
upon recommendation of the National Environmental Protection Council,
by proclamation declare certain projects, undertakings or areas in the
country as environmentally critical. No person, partnership or corporation
shall undertake or operate any such declared environmentally critical project
or area without first securing an Environmental Compliance Certificate
issued by the President or his duly authorized representative.
FEATURES:
Declared environmentally critical projects and areas are required to obtain
an Environmental Compliance Certificate before operation
Environmentally Critical Projects includes
1. heavy industries,
2. resource extractive industries,
3. infrastructure projects,
4. golf course projects
Characteristics of Environmentally Critical Areas:

Areas declared by law as natural parks, watershed reserves, wildlife reserves,


and sanctuaries
Areas set aside as aesthetic, potential tourist spots
Areas which constitute the habitat for any endangered or threatened species
of indigenous Philippine wildlife (flora and fauna)
Areas of unique historical, archeological, geological or scientific interests
Areas which are traditionally occupied by cultural communities or tribes
Areas frequently visited and/or hard hit by natural calamities (geologic
hazards, floods, typhoons, volcanic activity, etc.)
Areas of critical slope
Areas classified as prime agricultural lands
Recharged areas of aquifers
Waterbodies
Mangrove areas
Coral reefs
Violators shall be punished by the suspension of cancellation of his/its
certificate and or fine for each violation

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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


PROCLAMATION 2146 (ENVIRONMENTALLY CRITICAL AND WITHIN
THE SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586.)
A. Environmentally Critical Projects
a. Heavy Industries
i. Non-ferrous metal industries
ii. Iron and steel mills
iii. Petroleum and petro-chemical industries including oil and
gas
iv. Smelting plants
b. Resource Extractive Industries
i. Major mining and quarrying projects
ii. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
iii. Fishery Projects
1. Dikes for/and fishpond development projects
c. Infrastructure Projects
i. Major dams
ii. Major power plants (fossil-fueled, nuclear fueled,
hydroelectric or geothermal)
iii. Major reclamation projects
iv. Major roads and bridges
B. Environmentally Critical Areas
a. All areas declared by law as national parks, watershed reserves,
wildlife preserves and sanctuaries;
b. Areas set aside as aesthetic potential tourist spots;
c. Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine Wildlife (flora and
fauna);
d. Areas of unique historic, archaeological, or scientific interests;
e. Areas which are traditionally occupied by cultural communities or
tribes;
f. Areas frequently visited and/or hard-hit by natural calamities
(geologic hazards, floods, typhoons, volcanic activity, etc.);
g. Areas with critical slopes;
h. Areas classified as prime agricultural lands;

AJDM Notes 2014 / Diato / L. Mendoza

i.
j.

k.

l.

Recharged areas of aquifers;


Water bodies characterized by one or any combination of the
following conditions;
i. tapped for domestic purposes
ii. within the controlled and/or protected areas declared by
appropriate authorities
iii. which support wildlife and fishery activities
Mangrove areas characterized by one or any combination of the
following conditions:
i. with primary pristine and dense young growth;
ii. adjoining mouth of major river systems;
iii. near or adjacent to traditional productive fry or fishing
grounds;
iv. which act as natural buffers against shore erosion, strong
winds and storm floods;
v. on which people are dependent for their livelihood.
Coral reefs characterized by one or any combinations of the
following conditions
i. With 50% and above live coralline cover;
ii. Spawning and nursery grounds for fish;
iii. which act as natural breakwater of coastlines.

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 will have to be submitted. It will be the Environmental

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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


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.

5.

6.

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.
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).
Monitoring, Validation and Evaluation - Assesses performance of the
Proponent against the ECC and its commitments in the Environmental
Management and Monitoring Plans to ensure actual impacts of the project
are adequately prevented or mitigated.

CASE: RP VS CITY OF DAVAO 388 SRA 691


FACTS:

City of Davao filed an application for a Certificate of Non-Coverage (CNC) for its
proposed project, the ARTICA Sports Dome. The application was filed with the

AJDM Notes 2014 / Diato / L. Mendoza

DENR-Environmental Management Bureau (EMB). Attached is a certificate from


Planning & Development Office that the project is not located in a critical area.
EMB denied application. It found:

Davao is located in an environmentally-critical area.


It must undergo Environmental Impact Assessment process and submit
EIS.

Davao filed a petition for mandamus and injunction with the RTC. RTC granted. It
held that nothing in P.D. No. 1586 requires LGU to comply.
ISSUES:
1.
2.

Whether Davao City, as a local government unit, is covered by PD No.


1586.
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.

CLEAN AIR ACT RA8749 1999

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

The State shall promote and protect the global environment to attain
sustainable development while recognizing the primary responsibility of
local government units to deal with environmental problems.

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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

The State recognizes that the responsibility of cleaning the habitat and
environment is primarily area-based. The State also recognizes the principle
that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for the
good of all and should therefore be the concern of all.

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 the private sector
including NGOs, POs, academe, environmental groups and other private
entities in a multi-sectoral campaign.

WHAT? outlines the governments measures to REDUCE air pollution and


INCORPORATE environmental protection into its development plans.
It mandates the various government agencies to do the following in support of the
Act:
1.

2.

3.

4.

5.

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.
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
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.
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.
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.

AJDM Notes 2014 / Diato / L. Mendoza

PROHIBITED ACTS
1. BURNING
a. Burning of Municipal Waste
b. Burning of Hazardous Substances and Wastes
c. Burning of Bio-Medical Waste (Incineration)
2. SMOKING
a. Smoking in Public Places
3. FUEL RELATED ACTS
a. Manufacture, Importation, Sale, Offer for Sale, Introduction into
Commerce, Conveyance or other Disposition of Leaded Gasoline
b. Manufacture, Processing, Trade of Fuel or Fuel Additive Without
Prior Registration of the Fuel or Fuel Additive with the DOE
c. Misfuelling
COVERED BY CLEAN AIR ACT
A. POLLUTION FROM MOTOR VEHICLES- refers to vehicle like cars, trucks,
buses, jeepneys, tricycles, motorcycles and vans.

19

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


B. POLLUTION FROM STATIONARY SOURCES- refers industrial firms and
smokestacks of power plants, hotels and other establishments.
With respect to any trade, industry, process and fuel burning equipment or
industrial plant emitting air pollutants, the concentration at the point of emission shall
not exceed the following limits:
All stationary sources must comply with the National Emission Standards
for Source Specific Air Pollutants (NESSAP) and National Ambient Air
Quality Standards (NAAQS) and must secure their permit to operate, prior
to operation.
C. POLLUTION FROM OTHER SOURCES- refers to sources of emission
other than the above. These include smoking, burning of garbage, and dust from
construction, unpaved grounds, etc.

CLEAN WATER ACT RA 9279 2004

-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

AJDM Notes 2014 / Diato / L. Mendoza

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.
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;

20

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


6. Use of water for livestock raising - means the utilization of water for large herds
or flocks of animals raised as a commercial enterprise;

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.

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

The Department of Environment and Natural Resources shall be the implementing


agency and shall be assisted by the Inter-Agency Advisory Council

8. Use of water for recreational purposes - means the utilization of water for
swimming pools, bath houses, boating, water skiing, golf courses and other similar
facilities in resorts and other places of recreation.

ECOLOGICAL SOLID WASTE ACT RA 9003

This law aims for the reduction of solid waste through source reduction and waste
minimization measures, treatment and disposal of solid waste in accordance with
ecologically sustainable development principles.
It also aims to ensure the proper segregation, collection, transport, storage, treatment,
and disposal of solid waste through the formulation and adoption of the best
environmental practice in ecological waste management 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.
CLASS NOTES:
Approach: Womb to Tomb the law deals from the source of the waste up
to the disposal
Problem: ^ inc. in population - ^ inc. in waste - ^ inc. in pollution

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

TOXIC SUBSTANCES CONTROL ACT RA 6969

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

AJDM Notes 2014 / Diato / L. Mendoza

Chemical Substance Exempt from the Pre-Manufacture Notification


Those included in the categories of chemical substances and mixtures
already listed in the inventory or existing chemical;

21

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Those to be produces in small quantities solely for experimental or research
and development purposes;
Chemical substances and mixtures that will not present an unreasonable risk
to health and the environment; and
Chemical substances and mixtures that exists temporarily and which have no
human or environmental exposure such as those which exist as a result of
chemical reactions in the manufacture or processing of a mixture of another
chemical substance

established by law, conventions or international agreements which the Philippine


Government is a signatory.

Prohibited Acts
Knowingly use in chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;
Failure or refusal to submit reports, notices or on the information, access to
records as required by this Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or otherwise held;
Failure or refusal to comply with the pre-manufacture and pre-importation
requirements;
Cause, aid, or facilitate, directly or indirectly, in the storage, importation or
bringing into Philippine territory, including its maritime economic zones,
even in transit either by means of land, air or sea transportation or otherwise
keeping in storage any amount of hazardous and nuclear wastes in any part
of the Philippines.

ESTABLISHMENT AND EXTENT OF THE SYSTEM


Upon the recommendation of the DENR, a certain protected area may be
established, disestablished, or its boundaries may be modified pursuant to an
act of Congress.

NIPAS RA 7586

-provides the legal framework for the establishment/management of protected areas


in the Philippines.
The law defines PROTECTED AREAS as the identified portions of land and/or
water set aside by reason of their unique physical and biological significance, managed
to enhance biological diversity and protected against destructive human exploration.
It establishes a National Integrated Protected Areas System (NIPAS) which will
designate, whether terrestrial, wetland or marine, protected areas, areas that "shall
encompass outstanding remarkable areas and biologically important public lands that
are habitats of rare and endangered species of plants and animals, biogeographic
zones and related ecosystems."
Enlisting categories of protected areas are as follows: (1)Strict nature reserve;
(2)Natural park; (3)Natural monument; (4)Wildlife sanctuary; (5)Protected landscapes
and seascapes; (6) Resource reserve; (7) Natural biotic areas; and, (8) Other categories

AJDM Notes 2014 / Diato / L. Mendoza

Buffer zones - are identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm to the protected area;
Examples : Mayon Volcano, Caramoan National Park, Taon Strait

PROHIBITED ACTS
(a)Hunting, destroying, disturbing, or mere possession of any plants or
animals or products derived therefrom without a permit from the
Management Board;
(b)Dumping of any waste products detrimental to the protected area, or to
the plants and animals or inhabitants therein;
(c)Use of any motorized equipment without a permit from the Management
Board;
(d)Mutilating, defacing or destroying objects of natural beauty or objects of
interest to cultural communities (of scenic value);
(e)Damaging and leaving roads and trails in a damaged condition;
(f)Squatting, mineral locating, or otherwise occupying any land;
(g)Constructing or maintaining any kind of structure, fences or enclosures,
conducting any business enterprise without a permit;
(h)Leaving in exposed or unsanitary conditions refuse or debris, or
depositing in ground or in bodies of water; and
(i)Altering, removing destroying or defacing boundary marks or signs.

Ancestral domain and other customary rights and interests of indigenous


communities shall be accorded due recognition in protected areas.
Moreover, the preservation of ancestral domain and customary rights within
protected areas shall be a management objective.

Indigenous Cultural Communities - Ancestral domain and other customary rights


and interests of indigenous communities shall be accorded due recognition in
protected areas. Moreover, the preservation of ancestral domain and customary rights
within protected areas shall be a management objective.

22

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Tenured Migrants - Any person who has actually and continuously occupied an area
for five (5) years prior to its designation as part of a protected area. As a tenured
migrant he shall be eligible to become a steward of a portion of land within the
multiple use management or buffer zone of the protected area, and from which he
may derive subsistence
CLASS NOTES:
Copied the categories laid down by the IUCN (International Union on
Conservation of Nature)
Under the control and administration of the DENR
Specifically under the Biodiversity Management Bureau (BMB)
BMB - Biodiversity Management Bureau (formerly PAWB)
Declares Protected Areas System originally was done by the President
but is now done by Congress

CASE: MARINE MAMMALS OF THE PROTECTED


SEASCAPE CANYON STRAIT VS SEC. ALMANZA,
SEC YAP (2008)
PETITIONERS:
Resident Marine Mammals of Taon Strait Protected Seascape, e.g. Toothed
Whales, Dolphins, Porpoises & other cetacean species.
Legal Guardians: Gloria Estenzo Ramos and Rose-Liza Eisma
Osorio.President Arroyo, Unwilling Guardian
RESPONDENTS:
Energy Secretary Reyes, Environment Secretary Atienza
Japan Petroleum Exploration Co., Ltd.
BATTLEGROUND:
Tanon Strait:
A narrow body of sea separating the Philippine Islands of Negros
and Cebu
It is home to 11 out of the 24 known cetacean (marine mammal)
species
Declared as Protected Seascape in 1998Estimated Oil Reserve: 1B
barrels; recoverable: 100 million barrels
THE PROBLEM CREATED BY THE PHILIPPINE GOVERNMENT:
Phil. Govt awarded Service Contract No. 46 to JAPEX (Dec. 21,
2004)

AJDM Notes 2014 / Diato / L. Mendoza

Coverage area: 2,850 sq.km. (almost the entire Taon Strait)


May 2005: M/S Veritas Searcher of JAPEX started the 751-km
multi-channel sub-bottom profiling survey
Nov.10, 2007: JAPEX started exploration drilling of 3,150m depth

MAJOR ISSUES:
LOCUS STANDI OF DOLPHINS, ET AL.
VIOLATION OF PHIL. CONSTITUTION & INTERNATIONAL
CONVENTIONS
NON-CORFORMANCE TO EIA LAW
DOCTRINE ON TRANSCEDENTAL IMPORTANCE
Applies if Petitioners fail in showing direct injury
Allows ordinary citizens, members of Congress, and civic organizations to
prosecute actions involving the constitutionality or validity of laws,
regulations and rulings;
Due to far-reaching implications.
INTERNATIONAL INSTRUMENTS CONFERRING BENEFITS TO
DOLPHINS & WHALES:
United Nations Charter for Nature
Chapter 15, Agenda 21 at the United Nations Conference on Environment
and Development1992
Convention on Biological Diversity1979 Bonn Convention on Conservation
of Migratory Species of Wild Animals
APPLICABILITY OF INTERNATIONAL LAWS IN THE PHILIPPINES:
Doctrine of Incorporation: Sec. 2, Art. II, 1987 Philippine Constitution
Santos III vs. Northwest Orient Airlines, 210 SCRA 261 [1992]:
Convention which is a Treaty commitment voluntarily assumed by the
Philippine government has the force and effect of law in this country.
Tanada vs. Angara (272 SCRA , 1997): In the event that a treaty obligation
conflicts with local legislation, such a state is bound to make in its
legislations such modifications as may be necessary to ensure the fulfillment
of the obligations undertaken.
VIOLATION OF NIPAS ACT AND EIA LAW
Declared environmentally critical area by Former Pres. Marcos
an environmental compliance certificate (ECC) must be secured after the
project undergoes an environmental impact assessment (EIA) to determine
the effects of the oil exploration and drilling activities in the Strait.

23

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

WILDLIFE RESOURCES CONSERVATION ACT RA


9147
This Act calls for the CONSERVATION of the countrys wildlife resources and their
habitats for sustainability as a policy of the State.
Among its features are:

Guidelines on access and benefits sharing


Quota for collection of specimens
Ecological and rehabilitation bond to be posted by researchers.
Monitoring system for bioprospecting. [NOTE: Check the definition of
terms as provided by the law.]

Objectives: (a) Protection/conservation of species and their habitats, (b) Regulation


in the collection and trade of wildlife, (c) to initiate and support scientific studies on
conservation of biodiversity.
JURISDICTION
Section 4. Jurisdiction of the Department of Environment and Natural Resources and
the Department of Agriculture. The Department of Environment and Natural
Resources (DENR) shall have jurisdiction over all terrestrial plant and
animal species, all turtles and tortoises and wetland species, including but
not limited to crocodiles, waterbirds and all amphibians and dugong. The
Department of Agriculture (DA) shall have jurisdiction over all declared
aquatic critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong.
The secretaries of the DENR and the DA shall review, and by joint
administrative order, revise and regularly update the list of species under
their respective jurisdiction. In the Province of Palawan, jurisdiction herein
conferred is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
All activities shall be authorized by the Secretary upon proper evaluation of
best available information or scientific data showing that the activity is, or
for a purpose, not detrimental to the survival of the species or subspecies
involved and/or their habitat.
DEFINITION OF TERMS
(a) "Bioprospecting" means the research, collection and utilization of
biological and genetic resources for purposes of applying the knowledge
derived there from solely for commercial purposes;

AJDM Notes 2014 / Diato / L. Mendoza

ILLEGAL ACTS - Section 27. Illegal Acts. - Unless otherwise allowed in accordance
with this Act, it shall be unlawful for any person to willfully and knowingly exploit
wildlife resources and their habitats, or undertake the following acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups
or indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the
wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a
human being; and
(v) when the wildlife is killed or destroyed after it has been used in
authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding
paragraph; and
(i) transporting of wildlife.
LIST/CATEGORY
Sec. 5(s) Threatened Species: General term for species/subspecies which
are critically endangered, endangered, vulnerable or other accepted
categories of wildlife whose population is at risk of extinction
Sec. 5(f) Critically Endangered Species: Facing extremely high risk of
extinction in the wild in the immediate future
Sec. 5(h) Endangered Species: Not critically endangered but survival in the
wild is unlikely if the causal factors continue operating
Sec. 5(w) Vulnerable Species: Not critically endangered or endangered but
is under threat from adverse factors throughout their range and likely to
become endangered in the near future

24

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

FISHERIES CODE RA 8550


Objectives:

Conservation, protection and sustained management of the countrys fishery


and aquatic resources;
Poverty alleviation and the provision of supplementary livelihood among
municipal fisherfolk;
Improvement of productivity of aquaculture within ecological limits;
Optimal utilization of offshore and deep-sea resources; and
Upgrading of post-harvest technology.

Chapter 1 declares the policy of the State with respect to fisheries and contains a large
definitions section. It is a declared policy to limit access to the fishery and aquatic
resources of the Philippines for the exclusive use and enjoyment of Filipino citizens.
Another principle of policy is the protection of municipal fishermen. Fishery and
aquatic resources shall be managed in a manner consistent with the concept of
integrated coastal area management.
Chapter II contains the main body of rules relative to the management and
conservation of fisheries and to aquaculture. Fisheries are classified in municipal
fisheries, i.e. fishing in municipal waters, and commercial fishing. Provisions of the
Chapter also regulate post-harvest facilities, activities and trade.
The Department of Fisheries may designate areas in Philippine waters beyond 15
kilometres of the shoreline as fishery reservation or fish refuges and sanctuaries in
bays, foreshore lands, continental shelf or any fishing ground to be set aside for the
cultivation of mangroves to strengthen the habitat and the spawning grounds of fish.
Remaining Chapters deal with fisheries research and development (V), prescribe
penalties and offences (VI), and contain general provisions (VII).

MINERAL RESOURCES CONSERVATION ACT RA


9942
-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.

AJDM Notes 2014 / Diato / L. Mendoza

Open to mining:
Public and private lands with minerals
Timberlands and forests with minerals
Not open to mining:
Military and government reservations
Areas near or under buildings, cemeteries, highways, bridges,
reservoirs, roads, plantations
Areas covered by valid and existing mining rights
Those expressly prohibited by law
Areas covered by small-scale mining operations
Virgin forests, watershed reserves, mangroves, national parks, areas
covered under NIPAS Law
ANCESTRAL LANDS AND ICC AREAS
No mineral agreements, FTAA and mining permits shall be granted in
ancestral lands/domains.
A royalty payment shall be negotiated which shall not be less than 1% of the
Gross Output of the mining operations in the area.
Representation in the Multi-partite Monitoring Committee.
SOCIAL AND COMMUNITY DEVELOPMENT AND RESEARCH AND
DEVELOPMENT
Provide for the mandatory Filipinization program, technology transfer, and
the training and priority employment of local residents.
ENVIRONMENTAL AND SAFETY CONCERNS
Mandatory allocation of an approximately 10% of the initial capital
expenditures of the mining project for environment-related activities.
Mandatory annual allocation of 3-5% of the direct mining and milling costs
to implement an Annual Environmental Protection and Enhancement
Program.
Mandatory establishment of a MINE REHABILITATION FUND (MRF).
Mandatory establishment of the Contingent Liability and Rehabilitation
Fund (CLRF).
Conduct of Environmental Work Program (EWP) during the exploration
stage and an Environmental Protection and Enhancement Program (EPEP)
during the development and operations stage.

PEOPLES SMALL SCALE MINING ACT RA 7076

Republic Act No. 7076 (1991), otherwise known as the Peoples Small-Scale Mining
Act defines small-scale mining as minimum activities which rely heavily on manual

25

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


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.

THE WRIT OF KALIKASAN (SPECIAL CIVIL


ACTION PART 3: RULE7)

Nature of the Writ


REMEDY available to a natural or juridical person, entity authorized by law,
peoples organization, non-governmental organization, or any public interest
group accredited by or registered with any government agency, on behalf of
persons whose constitutional right to a balanced and healthful ecology is
violated OR threatened with violation by an unlawful act or omission of a
public official or employee, or private individual or entity involving
environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.
Where to File the Petition?
The petition shall be filed with the Supreme Court or with any of the stations
of the Court of Appeals.
Contempt

AJDM Notes 2014 / Diato / L. Mendoza

Section 13. Court may after hearing punish the respondent who refuses or
unduly delays the filing of a return, or who makes a false return, or any
person who disobeys or resists a lawful process or order of the court for
indirect contempt under Rule 71 of the Rules of Court.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who
unduly delays or refuses to issue the writ after its allowance or a court officer
or deputized person who unduly delays or refuses to serve the same shall be
punished by the court for contempt without prejudice to other civil, criminal
or administrative actions.

RELIEFS
a) Directing respondent to permanently cease and desist from committing
acts or neglecting the performance of a duty in violation of environmental
laws resulting in environmental destruction or damage;
b) Directing the respondent public official, government agency, private
person or entity to protect, preserve, rehabilitate or restore the environment;
c) Directing the respondent public official, government agency, private
person or entity to monitor strict compliance with the decision and orders of
the court;
d) Directing the respondent public official, government agency, private
person or entity to make periodic reports on the execution of the final
judgment; and
e) Such other reliefs which relate to the right of the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the environment, except the award of damages
to individual petitioners.

THE WRIT OF CONTINUING


(SPECIAL CIVIL ACTION PART 3: 8)

MANDAMUS

SUBJECT MATTER
The unlawful neglect in the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or station in
connection with the enforcement or violation of an environmental law rule or
regulation or a right therein
The unlawful exclusion of another from the use or enjoyment of such right
In both instances, there is no other plain, speedy and adequate remedy in the
ordinary course of law.
PARTIES
Only the person aggrieved may file the writ

26

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


The writ is directed against a government agency or instrumentality
WHERE TO FILE PETITION
The petition shall be filed with the Regional Trial Court exercising jurisdiction
over the territory where the actionable neglect or omission occurred or with the
Court of Appeals or the Supreme Court.
JUDGMENT
If warranted, the court shall grant the privilege of the writ of continuing
mandamus requiring respondent to perform an act or series of acts until the
judgment is fully satisfied and to grant such other reliefs as may be warranted
resulting from the wrongful or illegal acts of the respondent. The court shall
require the respondent to submit periodic reports detailing the progress and
execution of the judgment, and the court may, by itself or through a
commissioner or the appropriate government agency, evaluate and monitor
compliance. The petitioner may submit its comments or observations on the
execution of the judgment.

CASE: WEST TOWER CONDO CORP VS FIRST


PHILIPPINE INDUSTRIAL CORP GR NO 194239
MAY 31, 2011 NOVEMBER 22, 2011

the First Philippine Industrial Corporation (FPIC) and First Gen Corporation (FGC)
to make a Verified Return within a non-extendible period of ten (10) days from
receipt thereof pursuant to Section 8, Rule 7 of the Rules of Procedure for
Environmental Cases. The TEPO enjoined FPIC and FGC to: (a) cease and desist
from operating the pipeline until further orders; (b) check the structural
integrity of The whole span of the 117-kilometer pipeline while implementing
sufficient measures to prevent and avert any untoward incidents that may result from
any leak of the pipeline; and (c) make a Report thereon within 60 days from receipt
thereof.
Consequent to the Court's issuance of the Writ of Kalikasan and the accompanying
TEPO, FPIC ceased operations on both (a) the White Oil Pipeline System (WOPL
System), which extends 117 kilometers from Batangas to Pandacan Terminal in
Manila and transports diesel, gasoline, jet fuel and kerosene; and (b) the Black Oil
Pipeline System (BOPL System), which extends 105 kilometers and transports
bunker fuel from Batangas to a depot in Sucat, Paraaque City.
Through a letter dated May 9, 2011, Department of Energy (DOE) Undersecretary
Atty. Jose M. Layug, Jr. seeks clarification and confirmation on the coverage of the
Writ of Kalikasan and the accompanying TEPO, i.e., whether they cover both the
WOPL and the BOPL.

Please take notice that the Court en banc issued a Resolution dated May 31, 2011 which reads as
follows:

It is apparent from the Petition for Issuance of a Writ of Kalikasan that what
petitioners sought to stop operating is the WOPL, where the leak was found,
affecting the vicinity of West Tower Condominium. Only the WOPL is covered by
the Writ of Kalikasan and the TEPO.

"G.R. No. 194239 (West Tower Condominium Corporation, on behalf of the Residents of West
Tower Condo., and in representation of Barangay Bangkal, and others, including minors and
generations yet unborn v. First Philippine Industrial Corporation, First Gen Corporation and their
respective Board of Directors and Officers, John Does and Richard Roes)

WHEREFORE, the Court hereby clarifies and confirms that what is covered by the
November 19, 2010 Writ of Kalikasan and TEPO is only the WOPL System of
respondent FPIC. Consequently, the FPIC can resume operation of its BOPL
System.

RESOLUTION

II

On March 29, 2011, the Court issued a Resolution setting the conduct of an ocular
inspection on April 15, 2011 of the While Oil Pipeline System (WOPL System).

Sirs/Mesdames:

On November 15, 2010, petitioners filed their Petition for Issuance of a Writ
of Kalikasan.[1]
On November 19, 2010, Chief Justice Renato C. Corona issued a Writ
of Kalikasan[2] with a Temporary Environmental Protection Order (TEPO), requiring

AJDM Notes 2014 / Diato / L. Mendoza

On April 15, 2011, the ocular inspection in the vicinity and basement of West Tower
Condominium was conducted in the presence of counsels of the parties, officers of
respondent First Philippine Industrial Corporation (FP1C), and residents of petitioner
West Tower Condominium, among others.

27

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


As required by the Court, representatives of the University of the PhilippinesNational Institute of Geological Sciences (UP-NIGS) and the UP Institute of Civil
Engineering attended the ocular inspection. After the ocular inspection, the Court
asked the representatives of UP-N1GS and the UP Institute of Civil Engineering for
their opinions and recommendations through a report, among others, on (1) the issue
of whether to grant FPIC's urgent motion to temporarily lift the Temporary
Environmental Protection Order for a period of not more than 48 hours in order to
conduct pressure controlled leak tests to check the structural integrity of the WOPL
which entails running a scraper pig to eliminate air gaps within the pipeline prior to
the conduct of said test, as recommended by the international technical consultant of
the Department of Energy; and (2) testing procedures that may be used by the FPIC
regarding the maintenance and checking of the structural integrity of the WOPL.
On May 10, 2011, the UP Institute of Civil Engineering sent a letter to the Court
asking pertinent documents from FPIC relative to testing protocols undertaken by
FPIC and other proposals, and that it be given one week within which to file its
report after receipt of the documents.
WHEREFORE, finding the request of the UP Institute of Civil Engineering to be
meritorious, FPIC is hereby DIRECTED to submit documents regarding testing
protocols it has undertaken to check for leaks and the structural integrity of the
WOPL, the results thereof and other related proposals it has committed to undertake
to the UP Institute of: Civil Engineering within five (5) days from notice. The UP
Institute of Civil Engineering is granted one (1) week from receipt of the requested
documents from FPIC within which to file its report.
The Court further Resolved to
(a) NOTE the Manifestation with Motion dated April 14, 2011 filed by counsel for
petitioners, relative to the resolution of March 29, 2011;
(b) NOTE the Letter (Report) dated April 21, 2011 of Dr. Carlo A. Arcilla, Director,
National Institute of Geological Sciences, College of Science University of the
Philippines, Diliman, Quezon City, in compliance with the resolution of March 29,
2011; and
(c) NOTE the Letter dated May 24, 2011 of Atty. Justin Christopher C. Mendoza of
Poblador Bautista & Reyes Law Offices, counsel for First Philippine Industrial
Corporation, and GRANT his request for a copy of Dr. Carlo Arcilla's April 21, 2011
Report filed in compliance with the resolution of March 29, 2011."

AJDM Notes 2014 / Diato / L. Mendoza

CASE:CITATION OF THE CASE BY MRS.


CYNTHIA VILLAR -> LAS PINAS PARANAQUE
CRITICAL
HABITAT
COASTAL
AREA
VS
PROPOSED 30 BILLION RECLAMATION PROJECT
(PENDING ON APPEAL)
Cynthia Villar vs reclamation
(The Philippine Star) | Updated October 22, 2013 - 12:00am
Senator Cynthia Villar has filed Senate Resolution 294 directing the Senate
Committee on Government Corporations and Public Enterprises to conduct an
inquiry, in aid of legislation, with the view to introduce reforms, revisions and
amendments in the mandate, powers and responsibilities of the Philippine
Reclamation Authority (PRA).
Villar calls attention to the governments National Reclamation Plan (NRP),
made by PRA, which will involve 102 projects or 38,000 hectares all over the
country. Thirty eight of these reclamation projects encompassing 26,234 hectares, will
be implemented in the Manila Bay area alone or 70 per cent of the entire
NRP. This creates another Metro Manila along Manila Bay, she said in her privilege
speech delivered before her peers last week.
Villar has an ongoing petition (backed by the signatures of 315,849 residents
of Las Pinas) vs. a Manila Bay reclamation project. which would result in the
reclamation of 635.14-hectares of Manila Bay, around the 175-hectare Las PiasParaaque Critical Habitat and Ecotourism Area or LPPCHEA, which is a protected
area by virtue of Proclamation Nos. 1412 and 1412-A and included in the Ramsar list
of wetlands of international importance, along with Tubbataha and the Palawan
Underground River. The said reclamation could affect 65 barangays in three cities (37
in Bacoor, 11 in Paranaque, and 17 in Las Pinas.
Villar elevated her petition to the Supreme Court to challenge the ruling of
the Court of Appeals, which favored the planned reclamation project in Manila Bay.
Besides the 38 reclamation projects in Manila, there are other big
reclamation projects planned in Cebu, Antique, Iloilo, Bohol, Negros Occidental,
Aklan, Albay, Davao gulf, Leyte, and Cagayan.
Villar questions whether there was public consultation about the National
Reclamation Plan, how the projects under NRP were approved, and if environmental
risks had been taken into consideration.
From the outset, this is a fight reminiscent of David and Goliath of a
legislator and communities vs. Big Business who wants to reclaim big portions of
Manila Bay and other coastal areas in the country and convert them to huge, profitmaking enterprises.
The idea of new cities rising from the sea seems nice and compelling, but a
serious study of Senator Villars resolution makes us rethink our position.

28

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Villar cited the damage rendered by reclamation projects on multiple
ecosystems, such as mangroves, sea grass, coral reefs and intertidal zones and
depletion of fish stocks. Also, scientists have declared the subsiding of Manila Bay
land due to reclamation.
She cited a Japan International Cooperation Agency (JICA) study which said
that Metro Manila is overdue to experience a catastrophic magnitude of 7.2
earthquake and the coastal areas to suffer the most due to liquefaction (the reclaimed
land reverts to a liquid state).
The question is, who gives the final go-signal for reclamation? The
Philippine Reclamation Authority, which she said, has a questionable legal basis.
The PRA was established on February 4, 1977 under President Marcos, to
provide a coordinated, economical and efficient administration of lands, especially
reclaimed lands, that belong to, are managed and/or operated by the government,
with the object of maximizing their utilization and hastening their development
consistent with the public interest. Executive Order no 525 issued on Feb. 14, 1979,
provides that all reclamation projects shall be approved by the President upon the
recommendation of PRA.
But PRA was given tremendous powers when President Gloria Macapagal-Arroyo
issued Executive Order 380 on Oct. 26, transforming PEA into the Philippine
Reclamation Authority, and, on June 24, 2006, issued EO 543, delegating to PRA the
power of the President to approve reclamation projects.
Subsequently, on Feb. 25, 2001, the PRA Board of Directors approved the
National Reclamation Plan under PRA Board Resolution No. 4161 covering a total of
102 reclamation projects over a total area of 38,272 hectares within Manila Bay,
Visayas, Mindanao and other locations.
PRAs NRP and the multiple issues attached to reclamation have gained so
much alarm from different sectors, Villar said. In a Peoples Summit held in October
2012 attended by experts from relevant fields, a call was made for a moratorium on
reclamation projects under the NRP.
PRAs NRP would result in the loss of one-tenth of our coastal and marine
habitats, a scientist reported to Villar. The reclamation projects could potentially
translate to a loss of value of nearly P30 billion per year in seagrass and ecosystems
alone.
Villar cited the grandmother of all scams the PEA-AMARI deal , as a
basis for a change in PRA policies. The deal was signed April 25, 1995, which allowed
AMARI, a private corporation to develop the three reclaimed islands known as the
Freedom Islands along the Las Pinas-Paraaque portion of Manila Bay and
includes the reclamation of additional hectares of submerged areas surrounding the
islands.
Upon investigation in aid of legislation, the Senate Blue Ribbon and the
Senate Committee on Government Corporations and Public Enterprises ruled that
the joint venture was illegal because the reclaimed lands that PEA sought to transfer
to AMARI are lands of the public domain which the government cannot alienate.

AJDM Notes 2014 / Diato / L. Mendoza

Any land reclamation, regardless of who initiates it (i.e. PRA, private sector,
LGU), is considered unclassified public land and therefore part of the public
domain, which is now under the DENR, Villar said.
Villar asks, why reclaim in the first place? Why not develop the blighted
areas of the metropolis instead? The amount to be used to reclaim instead of
destroying ecosystems and driving reclaimed lands to sell for sky high prices, could
be used for inclusive development and urban renewal of Metro Manila.
August 28, 2013
(http://www.senate.gov.ph/press_release/2013/0828_villar1.asp)
Villar to Elevate Petition vs Reclamation of Manila Bay to the Supreme Court

After Court of Appeals junked her motion for reconsideration

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

ASEAN ON Environment Law

ASEAN (WHAT IS IT?)

Association of Southeast Asian Nations (August 8, 1967 - Bangkok, Thailand)


Member Countries
Indonesia
Malaysia

29

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

promoting environmental cooperation among its member states. Currently, ASEAN


environmental cooperation focuses on ten priority areas of regional importance as
reflected in the Blueprint for the ASEAN Socio-Cultural Community (ASCC
Blueprint) 2009-2015 as follows:

Philippines
Singapore
Thailand
Brunei Darussalam
Vietnam
Lao PDR
Myanmar
Cambodia

AIMS AND PURPOSES


1. To accelerate the economic growth, social progress and cultural
development in the region through joint endeavors in the spirit of equality
and partnership in order to strengthen the foundation for a prosperous and
peaceful community of Southeast Asian Nations;
2. To promote regional peace and stability through abiding respect for justice
and the rule of law in the relationship among countries of the region and
adherence to the principles of the United Nations Charter;
3. To promote active collaboration and mutual assistance on matters of
common interest in the economic, social, cultural, technical, scientific and
administrative fields;
4. To provide assistance to each other in the form of training and research
facilities in the educational, professional, technical and administrative
spheres;
5. To collaborate more effectively for the greater utilization of their agriculture
and industries, the expansion of their trade, including the study of the
problems of international commodity trade, the improvement of their
transportation and communications facilities and the raising of the living
standards of their peoples;
6. To promote Southeast Asian studies; and
7. To maintain close and beneficial cooperation with existing international and
regional organizations with similar aims and purposes, and explore all
avenues for even closer cooperation among themselves.

ASEAN Socio-Cultural Community (ASCC) Blueprint 2009-2015


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

FUNDAMENTAL PRINCIPLE take note of Non-interference in the internal


affairs of one another; this is the main reason why some international
environmental issues cannot be touched or discuss on by the community

CONCERNED with the necessity to preserve, and protect national parks and
nature reserves of the ASEAN member countries;

ASEAN
ENVIRONMENTAL
PROGRAM
SPECIFICALLY ON HERITAGE PARKS

AWARE of the uniqueness, diversity and outstanding values of certain national parks
and reserves of ASEAN member countries, that deserve the highest recognition so
that their importance as conservation areas could be appreciated regionally and
internationally;

Policy and Institutional Framework


Recognising the importance of environmental cooperation for sustainable
development and regional integration, ASEAN has since 1977 cooperated closely in

AJDM Notes 2014 / Diato / L. Mendoza

30

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


RECOGNIZING that conservation areas should be managed to maintain ecological
processes and life support systems, preserve genetic diversity; ensure sustainable
utilization of species and ecosystems; and maintain wilderness that are of scenic,
cultural, educational, research, recreational and tourism values;
CONSIDERING that to achieve the aims, purpose and objectives of the heritage
parks and reserves of the ASEAN member countries, a master plan should be drawn
for each heritage park which shall include but not be limited to management
guidelines, research on structure and function of ecosystems and education on
wilderness values;
FURTHER CONSIDERING that environ- mental concerns transcend national
boundaries and that individual states are primarily responsible for their respective
identified heritage sites;

DONE in Bangkok, Thailand, this Twenty- Ninth Day of November in the year one
Thousand Nine Hundred and Eighty-Four

ASEAN AGREEMENT ON TRANSBOUNDARY


HAZE POLLUTION 2003
The land and forest fires that hit the ASEAN region in 19971998 have been
particularly severe. The environmental, economic and social dimensions and impact
of these fires, and the associated transboundary haze pollution, were profound. The
total economic losses in terms of agriculture production, destruction of forest lands,
health, transportation, tourism, and economic endeavours have been estimated at
more than USD9 billion.

DO HEREBY DECLARE the following national heritage sites and reserves,


1. Brunei Darussalam
a. Tasek Merimbun
2. Indonesia
a. Leuser National Park
b. Kerinci Seblat National Park
c. Lorentz Nature Reserve
3. Malaysia
a. Kinabalu National Park
b. Mulu National Park
c. Taman Negara National Park
4. Philippines
a. Mt. Apo National Park
b. Iglit Baco. National Park
5. Thailand
a. Khao Yai National Park
b. Kor Tarutao National Park
as ASEAN national heritage parks and nature reserves and
AGREE that a common cooperation is necessary to conserve and manage such parks
and reserves including the setting up of regional conservation and management action
as well as a regional mechanism complementary to and supportive of national efforts
at implementation of conservation measures.

AJDM Notes 2014 / Diato / L. Mendoza

An agreement which binds a group of contiguous states to tackle


transboundary haze pollution resulting from land and forest fires.

The agreement requires parties to:

COOPERATE in developing and implementing measures to prevent,


monitor, and mitigate transboundary haze pollution by controlling sources
of land and forest fires, assessment and early warning systems, exchange of
information, and mutual assistance.
RESPOND PROMPTLY to a request for relevant information sought by
a state affected or may be affected by transboundary haze pollution.
TAKE legal, administrative, and/or other measures to implement their
obligation under the agreement.

(CHECK: ASEAN: Indonesian Haze not a Sovereignty Issue Manila Times Article
for further information)

AGREEMENT ON THE COOPERATION FOR


SUSTAINABLE DEVELOPMENT OF MEKONG
RIVER BASIN 1995
(CHECK: ASEAN and CHINA: Cooperation in the Mekong River Manila Times
Article)

ASEAN
AGREEMENT
ON
DISASTER
MANAGEMENT AND EMERGENCY RESPONSE
(ADMER) 2009
31

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


(CHECK: ASEAN: Better Faster Disaster Reliefs Manila Times Article)
ASEAN Agreement on Disaster Management and Emergency Response (AADMER)

ratified right after the Tsunami


acquisition of helicopter, aircraft, vessel for disaster and climate change
preparedness, rehabilitation, respond to natural calamities
solve customs delay to foreign nationals in helping disasters

MANILA TIMES

An ASEAN Identity

States that are parties to the Convention agree to identify, protect, conserve, and
present World Heritage properties. States recognise that the identification and
safeguarding of heritage located in their territory is primarily their responsibility. They
agree to do all they can with their own resources to protect their World Heritage
properties.
They agree, amongst other things, as far as possible to:

Adopt a general policy that aims to give the cultural and natural heritage a
function in the life of the community and to integrate the protection of that
heritage into comprehensive planning programs

Undertake 'appropriate legal, scientific, technical, administrative and


financial measures necessary for the identification, protection, conservation,
presentation and rehabilitation of this heritage

Refrain from 'any deliberate measures which might damage, directly or


indirectly, the cultural and natural heritage' of other Parties to the
Convention, and to help other Parties in the identification and protection
of their properties.

Sovereignty as a Responsibility in the ASEAN


ASEAN: Indonesian Haze not a Sovereignty Issue

Culture being a reason for dispute, why is it important in the


ASEAN community?
Why do we need to protect cultural heritage?

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.

What is the Indonesian Haze?


How did it affect the ASEAN view on the environment?
Flexible Engagement

ASEAN: Waves of Naval Expectations


Why do we need to improve on the naval aspect of the military?
ASEAN: Better Faster Disaster Reliefs
Role of the military in responding to calamity
ASEAN and CHINA: Cooperation in the Mekong River

What is equitable utilization?


Why do they need cooperation in protecting the Mekong River?

MULTILATERAL ENVIRONMEMTAL
AGREEMENT

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.

WORLD HERITAGE CONVENTION


AJDM Notes 2014 / Diato / L. Mendoza

32

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Funds are used when state parties request assistance to protect their World Heritagelisted sites, and to meet the urgent conservation needs of properties on the List of
World Heritage in Danger.
State parties can request international assistance from the World Heritage Fund for
studies, provision of experts and technicians, training of staff and specialists, and the
supply of equipment. They can also apply for long-term loans and, in special cases,
non-repayable grants.
Philippines
Cultural
Baroque Churches of the Philippines (1993)
Historic Town of Vigan (1999)
Rice Terraces of the Philippine Cordilleras (1995)
Natural
Mount Hamiguitan Range Wildlife Sanctuary (2014)
Puerto-Princesa Subterranean River National Park (1999)
Tubbataha Reefs Natural Park (1993)

RAMMSAR CONVENTION OF THE WETLANDS

--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.

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 runoffs 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.

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

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;

AJDM Notes 2014 / Diato / L. Mendoza

33

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Europe, an estimated 65% of public water originates from groundwater
sources.
7.

Treasure trove of cultural heritage Many wetlands featured in mans


march towards civilization and are now heritage sites and tourists
destinations generating much income for the population. Among them are
the Tonle Sap Lake in Siem Reap (Cambodia), Kalang River (Singapore),
Inle Lake (Myanmar) and the coastal areas of the island of Mindoro
(Philippines).

CLASS NOTES:
a. Important commitments of the parties
WISE USE
Listed Sites
Reserves and Training
International Cooperation
b. What are the Philippine Wetlands?
The Olango Island in Lapu-lapu, Cebu
Naujan Lake National Park in Oriental Mindoro.
The Agusan Marsh Wildlife Sanctuary
Tubbataha Reefs National Marine Park (33,200 ha), located in
the middle of the Central Sulu Sea about 150 kilometers
southeast of Puerto Princesa City
Puerto Princesa Subterranean River National Park in Palawan
The Las Pias-Paraaque Critical Habitat and Ecotourism
Area (LPPCHEA) is a 175-hectare coastal urban wetland and
bird sanctuary situated within the metropolis of Metro Manila

CITES SPECIFICALLY ON THE TRADE OF


ENDANGERED SPECIES
CITES is an international agreement signed by 176 nations designed to ensure that
international trade in animals and plants does not threaten their survival in the wild.
The treaty was drafted in Washington, D.C. in 1973 and entered into force in 1975.
Voluntarily signed by the parties.
Species covered by CITES are listed in different appendices according to their
conservation status:
1.

Appendix I includes species threatened with extinction and provides the


greatest level of protection, including restrictions on commercial trade.

AJDM Notes 2014 / Diato / L. Mendoza

(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)

National Contacts of CITES


Management Authorities
Biodiversity Management Bureau of the DENR
Palawan Council for Sustainable Development
Bureau of Fisheries and Aquatic Resources of the DA
Scientific Authorities
Ecosystems Research and Development Bureau of the DENR
Philippine National Museum
Bureau of Fisheries and Aquatic Resources of the DA
Enforcement Authorities
Bureau of Fisheries and Aquatic Resources
Wildlife Protection Investigation Division of the National Bureau
of Investigation
Environmental Protection Unit of the Bureau of Customs

UNITED NATIONS CONVENTION ON THE LAW


OF THE SEA -UNCLOS (CHAPTER 12)
The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
- is an international treaty that provides a regulatory framework for the use of
the worlds seas and oceans, inter alia, to ensure the conservation and

34

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

equitable usage of resources and the marine environment and to ensure the
protection and preservation of the living resources of the sea.
UNCLOS also addresses such other matters as sovereignty, rights of usage
in maritime zones, and navigational rights.
Defined the limits of the territorial seas of nations and the areas in which
they could exploit marine resources.

Baseline - boundary from which a nation may begin measurements (low water mark)
Internal waters -contained on the landward side of the baseline.
Territorial sea - a nation has exclusive sovereignty over the water, seabed, and
airspace (12 nautical miles from the baseline)
Contiguous Zone - nation may exercise the control necessary to prevent the
infringement of its customs, fiscal, immigration or sanitary laws and regulations
within its territory or territorial sea (24 nautical miles from the baseline)
Exclusive Economic Zone 200 nautical miles from the baseline / low water mark
Environmental Considerations
Article 192 General obligation: States have the obligation to protect and
preserve the marine environment.
Article 193 Sovereign right of States to exploit their natural resources
Biodiversity
Article 196 : "take all measures necessary" to prevent the intentional or
accidental introduction of non-native species to a new part of the marine
environment.
Pollution Prevention (Generally)
Article 194 Measures to prevent, reduce and control pollution of the
marine environment: Nations are charged with creating national law to
address various pollution issues and are supposed to employ "the best
practicable means at their disposal and in accordance with their capabilities.

Article 195 Duty not to transfer damage or hazards or transform one


type of pollution into another: Prevent, reduce and control pollution in
the marine environment. Prohibits nations from transferring pollution to
another nation

AJDM Notes 2014 / Diato / L. Mendoza

Articles 197-201 : encourages nations to participate in regional agreements


related to the environment and establishes duties of nations to their regional
counterparts

Sources of ocean pollution


1. Land-based and coastal activities
2. Continental-shelf drilling
3. Potential seabed mining
4. Ocean dumping
5. Vessel-source pollution
6. Pollution from or through the atmosphere
Land Based Pollution
Over 80% of marine pollution comes from land-based activities.
From plastic bags to pesticides - most of the waste we produce on land
eventually reaches the oceans, either through deliberate dumping or from
run-off through drains and rivers.
Article 207
Adopt laws and regulations to prevent, reduce and control
pollution of the marine environment
Regulate pollution that comes from the primary sources of land
based pollution
Encourages nations to harmonize their policies on a regional level.
Seabed Activities
Article 208
Adopt laws and regulations to prevent, reduce and control
pollution arising from seabed activities
Establish regional rules and recommended practices
Encourages nations to harmonize their policies on a regional level.
Atmospheric Based Pollution
Article 212 : Adopt laws and regulations to prevent atmospheric pollution
that will result in pollution to the marine environment
Dumping at Sea
Any deliberate disposal of wastes or other matter from vessels, aircraft,
platforms or other man-made structures at sea
Article 210 - National laws and regulations be at least as effective as global
rules and standards.
Coastal nations are the only authority that can approve any dumping
activities within its territory

35

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Pollution from Ships
Article 211
Pass laws and regulations governing pollution from ships flying the
nation's flag
Pass laws preventing and controlling pollution from ships that
enter both their ports and their territorial seas.
Marine mammals
Article65: Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall cooperate with a view to the
conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate international organizations for their
conservation, management and study

UNITED NATIONS CONVENTION ON THE LAW


OF
THE
SEA
-UNCLOS
(ANNEX
ON
ARBITRATION)
PART XV: SETTLEMENT OF DISPUTES
Article 281. Procedure where no settlement has been reached by the parties:
1. If the States Parties which are parties to a dispute concerning the interpretation or
application of this Convention have agreed to seek settlement of the dispute by a
peaceful means of their own choice, the procedures provided for in this Part apply
only where no settlement has been reached by recourse to such means and the
agreement between the parties does not exclude any further procedure.
2. If the parties have also agreed on a time-limit, paragraph 1 applies only upon the
expiration of that time-limit.
Pursuant to Article 287(1) of UNCLOS, when signing, ratifying, or acceding to
UNCLOS, a State may make a declaration choosing one or more of the following
means for settling such disputes:
The International Tribunal for the Law of the Sea (ITLOS) in
Hamburg, Germany;
The International Court of Justice(ICJ) in The Hague, The Netherlands;
ad hoc arbitration (in accordance with Annex VII of UNCLOS); or
a special arbitral tribunal constituted for certain categories of disputes
(established under Annex VIII of UNCLOS).

AJDM Notes 2014 / Diato / L. Mendoza

If the two parties to a dispute have elected the same procedure, that court or tribunal will hear the
case. - If the two parties to a dispute have not chosen the same procedure, or if they have not declared
that they prefer any procedure, the dispute will go to arbitration under Annex VII.
Only States parties to UNCLOS have access to the dispute settlement mechanisms in
Part XV .
A State party to a dispute cannot institute arbitration proceedings under Annex VII
unless certain conditions are present:
First, there must be a dispute between the two States on the
interpretation or application of one or more provisions in UNCLOS.
Second, the parties must first have exchanged views and attempted to
settle the dispute by negotiation or other peaceful means.
Third, the party instituting the proceedings must have determined that
the dispute cannot be settled by negotiation or an exchange of views.
DEFAULT OF APPEARANCE OF ONE OF THE PARTIES

Parties to UNCLOS have consented in advance to the compulsory


procedures entailing binding decisions in section 2 of Part XV.
There are no provisions in UNCLOS or Annex VII providing that the
parties to a dispute have a right not to participate in the proceedings.
The Parties shall facilitate the work of the arbitral tribunal.

PROBLEM AREAS, ISSUES AND CONCERNS IN


THE IMPLEMENTATION OF ENVIRONMENTAL
LAWS
Factors Motivating Compliance

Barriers to compliance and factors


encouraging non-compliance

ECONOMIC
Desire to avoid a penalty
Lack of funds
Desire to avoid future liability
Greed/desire to achieve competitive
advantage
Desire to save money by using more
cost-efficient and environmentally Competing demands for resources
sound practices
SOCIAL/MORAL
Moral
and
social
environmental quality

values

for Lack of social respect for the law


Lack
of
public
support

for

36

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


Societal respect for the law
Clear government will to enforce
environmental laws
PERSONAL
Positive personal relationships between
program personnel and facility
managers
Desire, on the part of the facility
manager, to avoid legal process
Desire to avoid jail, the stigma of
enforcement, and adverse publicity
MANAGEMENT
Jobs and training dedicated to
compliance
Bonuses or salary increases based on
environmental compliance
TECHNOLOGICAL
Availability of affordable technologies

environmental concerns
Lack of government will to enforce

Fear of change
Inertia
Ignorance about requirements
Ignorance about how to
requirements

meet

Lack of internal accountability for


compliance
Lack of management systems for
compliance
Lack of compliance training for
personnel
Inability to meet requirements due to
lack of appropriate technology
Technologies that are unreliable

CASE: Trail Smelter Arbitration vs Canada (33 and 35


American Journal of Environmental Law)
In 1896, a smelter located in Trail, British Columbia, began
operating under American ownership. However, in 1906, the
Consolidated Mining and Smelting Company of Canada, Ltd. bought
the smelter plant in Trail. This company expanded the plant in size
and in turn in its capacity to smelt zinc and lead ores. However,
in 1925 and in 1927, two large, 400-foot smoke stacks were built.

There was a resulting increase in the amount of sulfur emitted


into the air. Within that same time period the amount of sulfur
released from the plant on a monthly basis almost doubled from
what it had been in 1924. The amount of sulfur released in 1924 was about 4,700
tons per month. But in 1927, the amount had risen to 9,000 tons per month. These
increases continued because this
smelting operation of zinc and lead had become one of the largest
in North America.

AJDM Notes 2014 / Diato / L. Mendoza

Finally, the effect of these harmful amounts of sulfur being released were noticed in
the State of Washington. The effects were noticeable because for every ton of sulfur
released into the air there are two tons of sulfur dioxide created. It was this increase
in sulfur dioxide that was detected through the rains.
In the period between 1928 and 1935, the Government of the
United States filed complaints with the Government of Canada that
sulfur dioxide emissions from the Trail smelter had damaged the
Columbia River Valley. On August 7, 1928, the issue was referred
to the International Joint Commission by the United States and
Canada (IJC-UC) for settlement. The IJC-UC decided on February 28, 1931 that the
Trail smelter should limit its sulfur dioxide emissions and that Canada should pay the
United States US$350,000 as compensation for damages.
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)

37

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

Principles of Access to Information, public participation, and access


toenvironmental justice.

CASE: CORFU VS UK VS ALBANIA 1949 ICJ 4


Facts/ background:

On May 15th. 1946 the British warships passed through the Channel without the
approval of the Albanian government and were shot at. Later, on October 22nd,
1946, a squadron of British warships (two cruisers and two destroyers), left the port
of Corfu and proceeded northward through a channel previously swept for mines in
the North Corfu Strait.
Both destroyers were struck by mine and were heavily damaged. This incident
resulted also in many deaths. The two ships were mined in Albanian territorial waters
in a previously swept and check-swept channel.
After the explosions of October 22nd, the United Kingdom Government sent a note
to the Albanian Government, in which it announced its intention to sweep the Corfu
Channel shortly. The Albanian reply, which was received in London on October
31st, stated that the Albanian Government would not give its consent to this unless
the operation in question took place outside Albanian territorial waters. Meanwhile,
at the United Kingdom Government's request, the International Central Mine
Clearance Board decided, in a resolution of November 1st, 1946, that there should be
a further sweep of the Channel, subject to Albania's consent. The United Kingdom
Government having informed the Albanian Government, in a communication of
November 10th, that the proposed sweep would take place on November 12th, the
Albanian Government replied on the 11th, protesting against this 'unilateral decision
of His Majesty's Government'. It said it did not consider it inconvenient that the
British fleet should undertake the sweeping of the channel of navigation, but added
that, before sweeping was carried out, it considered it indispensable to decide what
area of the sea should be deemed 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.

AJDM Notes 2014 / Diato / L. Mendoza

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)
2)

Should the North Corfu Channel as it is considered part of international


highways?
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

38

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


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.

that the operation was one of extreme urgency, and that it considered itself entitled to
carry it out without anybody's consent.

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.

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:

Conclusion of the court:

1) On the first question put by the Special Agreement of March 25th, 1948,

The Court therefore


international law for
Albanian waters, and
them, and that there
Kingdom.

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

reaches the conclusion that Albania is responsible under


the explosions which occurred on October 22nd, 1946, in
for the damage and loss of human life which resulted from
is a duty upon Albania to pay compensation to the United

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

AJDM Notes 2014 / Diato / L. Mendoza

Reserves for further consideration the assessment of the amount of compensation


and regulates the procedure on this subject.
2) On the second question put by the Special Agreement on the violation of
state sovereignty,
The court gives judgment that the United Kingdom did not violate the sovereignty of
the People's Republic of Albania by reason of the acts of the British Navy in Albanian
waters on October 22nd, 1946; and unanimously, gives judgment that by reason of
the acts of the British Navy in Albanian waters in the course of the Operation of
November 12th and 13th, 1946, the United Kingdom violated the sovereignty of the
People's Republic of Albania, and that this declaration by the Court constitutes in
itself appropriate satisfaction.

BASEL CONVENTION ON THE CONTROL OF


TRANSBOUNDARY MOVEMENT OF WASTE
-Response to deposits of toxic wastes being imported from abroad

Objective: To protect human health and the environment against the adverse effects
of hazardous wastes.
Scope of application:
Hazardous wastes

39

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


a.

AIMS
1.
2.
3.

Must be listed in Annex 1 and explosive, flammable, toxic, or


corrosive OR
b. Considered to be a hazardous waste under the laws of the country
Other wastes:
a. Household waste
b. Incinerator ash
c. Control
d. Prior Informed Consent

Reduction of hazardous waste generation


Restriction of transboundary movements of hazardous wastes
Creation of regulatory system for permissible transboundary movements

ARTICLE 4 : Hazardous wastes may not be exported to Antarctica, to a State not


party to the Basel Convention OR to a party having banned the import of hazardous
wastes
ARTICLE 11: Parties may enter into bilateral or multilateral agreements on
hazardous waste management with other parties or with non-parties, provided that
such agreements are no less environmentally sound than the Basel Convention
(Prior informed consent)

if it is carried out in accordance with the Conventions regulatory system

AARHUS CONVENTION: ON ACCESS OF


INFORMATION, PUBLIC PARTICIPATION AND
ACCESS TO JUSTICE ON ENVIRONMENT
(WHERE IS AARHUS?)
This is not an MEA but merely a REGIONAL AGREEMENT among European
Countries

The Aarhus Convention establishes a number of rights of the public (individuals and
their associations) with regard to the environment. The Parties to the Convention are
required to make the necessary provisions so that public authorities (at national,
regional or local level) will contribute to these rights to become effective. The
Convention provides for:
(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 decision-making: the right to
participate in environmental decision-making. Arrangements are to be made
by public authorities to enable the public affected and environmental nongovernmental 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 decisionmaking, and information to be provided on the final decisions and the
reasons for it.

EXCEPTION IN TRANSBOUNDARY MOVEMENT CONDITION :


If the principles of environmentally sound management and nondiscrimination are observed

AJDM Notes 2014 / Diato / L. Mendoza

(3) Access to Justice: the right to review procedures to challenge public


decisions that have been made without respecting the two aforementioned
rights or environmental law in general. (the judges should be well versed in
the topic)

40

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

CONVENTION ON
(CBD)
-

BIOLOGICAL DIVERSITY

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 diversity into relevant sectoral and crosssectoral 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

AJDM Notes 2014 / Diato / L. Mendoza

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 conservation and
sustainable use of biological diversity, particularly in developing countries;
Promoting the use of scientific advances in biological diversity research in
developing methods for conservation and sustainable use of biological
resources.

Public education should be promoted and awareness enhanced to highlight the


importance of biological diversity through the media and the inclusion of these topics
in educational programmes.
The Contracting Parties should facilitate the exchange of information, from all
publicly available sources, relevant to the conservation and sustainable use of
biological diversity, taking into account the special needs of developing countries
(exchange of information on the results of technical, scientific and 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.
DEFINITIONS:
"Biological diversity" means the variability among living organisms from all
sources including, inter alia, terrestrial, marine and other aquatic ecosystems

41

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems.
"Biological resources" includes genetic resources, organisms or parts
thereof, populations, or any other biotic component of ecosystems with
actual or potential use or value for humanity.
"Biotechnology" means any technological application that uses biological
systems, living organisms, or derivatives thereof, to make or modify
products or processes for specific use.
Ex-situ conservation" means the conservation of components of biological
diversity outside their natural habitats.
In-situ conditions" means conditions where genetic resources exist within
ecosystems and natural habitats, and, in the case of domesticated or
cultivated species, in the surroundings where they have developed their
distinctive properties.
"In-situ conservation" means the conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations of species
in their natural surroundings and, in the case of domesticated or cultivated
species, in the surroundings where they have developed their distinctive
properties.

ARMED CONFLICT AND THE ENVIRONMENT:


LEGAL PERSPECTIVE (PHIL JOURNAL VOL 8 FEB
2007 PP. 377-389)

Endanger and damage the environment; destruction of lives, culture and


land
o Chemical pollution on land
o Maritime and atmospheric pollution
o Despoliation of land by mines and other dangerous objects
o Threats to water supply
1868 Declaration of St. Petersburg (Russia)
o Objective:
weakening military force of the enemy
precautionary principle in the field of environmental
protection
prevent the invention of new and more destructive weapons

AJDM Notes 2014 / Diato / L. Mendoza

of war
prevent damage to the environment

Principle 24 of the UN Declaration on Environment and Development


o Warfare is inherently destructive of sustainable development
o UN Conference on Environment and Development (UNCED)
Agenda 21 - reference to armed conflict; measures in
accordance with international law

Balance necessity against collateral damage

Geneva Convention:
a.) 1976 Convention on the Prohibition of Military or any other Hostile Use of
Environmental Modification Techniques (ENMOD)
b.) 1977 Additional Protocol (on protection of victims) to the Geneva
Conventions of 12 Aug 1949 (Protocol 1) International wars; prohibition
on indiscriminate attacks and environmental collateral damage
c.) 1977 Additional Protocol Relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol 2) internal armed conflicts

Hague Conventions governing weapons

right to choose weapons is not unlimited


restricted or banned weapons:
o exploding munitions
o poisonous gas
o chemical and biological weapons
o blinding lasers
o land mines
o lead ammunition tungsten and tin / nylon
Deficiencies and Current Challenges

Geneva Convention 1949 no mention of environment


Hague Convention 1907 did not address specific environmental

42

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


issues
o Constitutes? widespread, long term and severe damage
Kosovo wartime
pollution of Danube river
bombing of industrial facilities
Yugoslavia filed a case before ICJ vs US and Spain
(did not recognize ICJ; jurisdiction)
Breaches:
o Obligation not to cause far
reaching health and environmental
damages
o Obligation not to use prohibited
weapons
Vatican State
o Protected area; avoid destruction; military to take all
necessary measures
o 1954 Convention for the protection of cultural property
in the event of Armed Conflict
o list 1971 Ramsar Convention
protection in times of Armed Conflict
protected areas free of weapons; no military
activities
X Vietnam War, Gulf War, Kosovo
War/Conlict
Difficult to discern contamination due
to wartime transboundary pollution or
non existent monitoring facilities
Emerging New Approach
a.
b.
c.
d.
e.

1977 Protocol I effective implementation in Iraq, Afghanistan, Israel


Lebanon
International Council of Environmental Law (ICEL)- draft convention on
the prohibition of hostile military activities in Internationally protected areas
1971 Ramsar Convention on Wetlands
1972 World Heritage Convention
UN List of Parks and Protected Areas transboundry parks

AJDM Notes 2014 / Diato / L. Mendoza

f.

UNESCO (United Nations Educational,


Organization) Biosphere reserve system

Scientific

and

Cultural

Proposals based on current laws list of designated cultural and natural sites
Sufficient detailed maps showing location
Distinctive emblem should use for natural site identification and protection
UN Secretary General to bring matters to Security Council
Sites must be demilitarized zones similar to ART60 1977 Protocol I
State to provide for continuing education
Bilateral agreements protection of areas (parks and protected areas)
Significant suggestions: proper mapping
1.
2.

new instrument for protection of environment in times of armed conflict


further international and national measures to prevent harm to the
environment
a. catalogue of human activities with hostile purpose injuries to the
environment
i. intentional attacks
ii. manipulation of natural process
iii. significant collateral damage
b. registry of all protected areas should be completed
3. revise and update military procedures to ensure protection of the
environment to the fullest possible extent in times of armed conflict
a. if damaged can harm human health
4. UN establish a system of emergency preparedness to protect the
environment
5. Damage, actual or potential, and restoration
a. Compensation in kind shall be required when restoration is not
physically possible
*Implementation of MEA is dependent in national laws
CLASS: NOTES:
1. Take note of the PRINCINPLES APPLIED:
a. Principle of due diligence
b. Precautionary Principle

43

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


2.

3.
4.

Law of War
a. Principle of Necessity
b. Principle of proportionality
c. Principle of Discrimination
d. Principle of Humanity
Martens Clause
Geneva Convention & Hauge Conventions

II.

WORLD
TRIBUNAL
TO
PROTECT
THE
ENVIRONMENT PREMISES, OPPORTUNITIES,
OBSTACLES (PHIL JOURNAL VOL 79 NOS. 7 FEB
2005)
International Environmental Court (1988) Rome
-

I.

now International Court of the Environment Foundation ICEF


o exclusive, specialized and international competence in the field
of environment
o empowered to implement international law
o guarantee a right of access to individuals to protect their
human rights
o undertake advisory, investigate, conciliatory functions
Principle of Universality -> Territorial Sovereignty
o Environmental regulations depends on the sovereignty of the
states and different national legislation
o No compulsory higher authority
o States do not recognize authority higher than their own
No guarantee of balanced management of the
environmental problems
Principle of universality should apply universal nature
o Principle of State of Territorial Sovereignty must demand or
adapt to new demands
o New concept of National Sovereignty
o States constitutional independence and mutual restriction

AJDM Notes 2014 / Diato / L. Mendoza

III.

Mandates:

States sovereign over own people < permanent


sovereignty over natural resources

Priority Issues of ICE


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

a. evolution of the concept of environmental crime


b. widening liability law for environmental damage
c. application of Polluter Pays Principle
Problem: states are inherently reluctant to relinquish sovereignty and expose
themselves to legal proceedings
Permanent Court of Arbitration (PCA)
-

jurisdiction is not compulsory

44

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


IV.

competence only from agreement to arbitrate

3)

Arguments against the creation of an international court of


environment (ICE) global level:

4)
5)
6)
7)
8)
9)
10)
11)
12)

a. ICJ
b. Apellate Body of the WTO
c. Tribunal of the Law of the Sea
- handed down decisions in disputes related to the protection of the
environment
d. ICJ environment chamber
e. Permanent Court of Arbitrations Environment Facility
Regional Forums
a. RCHR
b. Inter American court of HR
c. Court of Justice of the European Community
Multilateral Environmental Agreement (MEA)
propose frequent consultations to allay fear about fragmentation of
international law
Kyoto Protocol on Climate Change
- proposing to establish an enforcement branch
- legally binding consequences for non compliance procedure for the
protocol
Permanent Court of Arbitrations Environment Facility
- similar rules for state, intergovernmental organization, private parties
Establishment of the Inspection Panel
-

a.

b.
c.

IMF establish an Independent Evaluation Office


TAKE NOTE: debate on this, should be able to defend your answer if asked W/N
an international court of the environment is needed.

PRINCIPLES/EXAM QUESTIONS
1)
2)

Principle of good neighborliness


Common but differentiated responsibilities

13)
14)
15)
16)
17)
18)

Precautionary principle states should be cautious in indulging in activities that


would result in climate change or increase in the GHG. There is no scientific
certainty then be more cautious in dealing with the activity.
Principle of sustainable development
Non regression
Intergenerational responsibility
Transboundary natural resources
Should we relax sovereignty? Why?
Explain the problem, concerns in implementing environmental laws ( table)
Protection of the IDP's
Role of the military in ADMER
Know the meaning of:
a) BIOdiversity - "totality of genes, species, and ecosystems of a region"
b) BIOpiracy - the exploitative appropriation of indigenous forms of
knowledge by commercial actors
c) BIOprospecting - is the process of discovery and commercialization of new
products based on biological resources and includes the search for
previously unknown compounds in organisms that have never been used in
traditional medicine before.
d) BIOdiplomacy - uses diplomatic skills to promote global diversity, especially
in island communities.
Prior Informed Consent (under Basel Convention)
Global commons
Equitable utilization
Prior informed consent
Environmental Law : Multi disciplinary / Cross Sectoral
Take note: resident mammals case.Explain and relate to environmental law
Rescission of contracts = of the exploration of a foreign company
-

NOTES:

UN Environmental (UNEP)
- has strong environmental law agreement
- creates agreements from envi law division
DIFFERENCE:
1. CONCON revise the constitution (another group making the
constitution)
- there will be an election of members that would revise the constitution
2. CONASS amend the constitution (from the congress)
Conventions

AJDM Notes 2014 / Diato / L. Mendoza

45

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER


1.
2.
3.

Rotterdam Convention PIC hazardous chemicals


Stockholm Convention POP (persistent organic chemicals) highly toxic
chemicals that should be eliminated from the market
Minamata Convention mercury was found in the River

AJDM Notes 2014 / Diato / L. Mendoza

46