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Natural Resources and Environmental Law Lecture 2014 PDF
Natural Resources and Environmental Law Lecture 2014 PDF
Environmental Law
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 1
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 2
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
water crisis in less than 20 years and the amount C. Problems due to loss of biodiversity
of fresh water available to each person by 2025
will decrease by 65% of the current per capita Biodiversity is defined as the variability among
availability. This is without considering the fact living organisms from all sources including among
that industrial demand for fresh water is expected others terrestrial, marine and other aquatic
to increase to 13, 000 million cubic meters by ecosystems in the ecological complexes of which
2025 while agricultural water usage is expected to they are part. This includes diversity within
require between 50, 000 and 73, 000 million cubic species, between species and ecosystem.
meters by 2025. The present fresh water (Malabo rin yung definition diba?)
availability per capita in the Philippines is only 1,
907 cubic meters which is very low compared to Main cause of loss of biodiversity
other Asian countries which is 3, 369 cubic meters
per person and world averages of 7, 045 cubic Number one, it occurs in the terrestrial
meters per person. The per capita availability of area of man but also in the coastal waters, the
fresh water in the Philippines is the lowest in deforestation problem is connected with the loss
Southeast Asia. The water problem could be of biodiversity. Many of the Philippine species, a
ascribed to poor governance, poor planning, lot of which are endemic and depend on the
fragmented water management, and weak forest, are gradually becoming extinct, the reason
enforcement of environmental laws. To address for this is that, forest lands, once occupied by
these issues, stricter effluent standards should be these species, are raised and converted into
imposed and changes in the lifestyle of people to residential or agricultural areas. So the loss or
keep domestic effluent under control. alteration on their habitat gravely affects the
resident species, chances for survival, they are
Lawyers are the social doctors of the not only driven out from their habitat but they are
world. Lawyers are among the three healers in the also deprived of their food source. Scarcity of their
world. The first are doctors who are physical food supply usually leads to their extinction.
healers. The second are lawyers who are social However, the loss of their habitat, threatens to
healers-they heal social illnesses. Third, are the destroy the ecological balance of communities
priests who are spiritual healers. and of ecosystems. For example, is the
endangered Philippine Eagle. That is the reason,
B. Problems in Forest lands
because of the loss of habitat.
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 3
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
construction have affected the movement of the area. On the national level, mining activities
migratory species and drastically changed river also contribute to the countrys export earning
habitats. amounting to 1.4 Billion in 2009 and 391 Million
for the first half of 2010. Industry has accounted
D. Problems in aerial territory. for almost of the countrys total export of
earnings and contributed significantly to the
Air Pollution is a serious and pressing countrys gross domestic product in the early
problem in the Philippines. The World Health 1980s. However, the long term effects of mining
Organization ranked Manila as the fourth largest operations have resulted in significant damage to
air polluted capital in the world, next to Mexico, the environment such as deforestation, loss of
Shanghai, and New Delhi. Reports have shown wild life habitat, decrease in the quantity and
that every year, 5000 premature deaths which quality of water supply, decrease in agricultural
have occurred in the Philippines were caused by production, erosion and flash floods, water and air
respiratory diseases such as severe bronchitis, pollution, and threat to the marine environment
pneumonia, lung cancer, and cardiovascular brought by erosion. In fact, the Philippines today
disease. As much as 1.5 million Filipinos suffer is considered one of the worst countries in the
from respiratory sickness due to indoor pollution in world when it comes to dam failures (yung mga
urban areas and one third of the number suffers latak ng ano, ng minerals naiiwan, by the way).
from various illnesses due to indoor pollution. Toxic waste of the mining sites are not properly
These deaths and illnesses have caused the disposed of which has led to disastrous
country 950 million productive loss and health consequences for the local people and the
care expenses. Clearly, air pollution not only environment. Mining in the Philippines typically
affects the human health of the Filipinos, it also consists of open pit mining (ito yung binubutas
has the repercussions on the economy. yung bundok, hukay lang nang hukay) which
involves flattening of mountain taps and creation
What are the causes? of huge craters. This form of mining produced
Rapid urbanization and industrialization huge amount of toxic wastes, large scale gold
mining also results in huge amount of toxic wastes
Air pollution are caused by 2 types of sources: such as cyanide, which is used to separate the
1. Outdoor Air Pollution gold from the ore thereby releasing potential
Is large scale pollution outside the peoples zones. harmful toxic metals. So the negative effects of
Involves external pollutants such as vehicular mining are very apparent in the infamous space or
emissions. land copper mind disaster of 1996. The mining
2. Indoor Air Pollution site consisting of more than 400 million metric
Involves proximity to indoor air pollutants such as tons of waste caused widespread damage to farm
cigarette smoking and cooking with solid fuels. lands and property. Mining also results in the
reduction of forest covers which is targeted for
E. Problems in the mining sector flood areas. Oftentimes, mining is conducted
within the ancestral domains of the indigenous
Mining is a major industry in the people. Now, under the RA 8371 (IPRA 1997), the
Philippines and is believed to play a vital part in mining operators must be able to secure the free,
determining the success of country's economy. It prior and informed consent of the indigenous
generates employment, more than 192,000 jobs people on whose territory the mining will be
have been created since 2010. It provides taxes conducted. Unfortunately, despite these
on mining companies, making it one of the major requirements, mining operations result in the
sources of revenue for the local governments in displacement of the indigenous peoples. Not only
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 4
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
big-scale but also small-scale mining activities are death of persons. Can you imagine that, the
just as destructive to the environment. Problem is population of Japan, this year (ata) 30 to 35% of
the monitoring of mining activities. According to the total population of Japan, is aged 65 and
the government itself, the problem is that above (matatanda na ang mga Hapon). In 5 more
monitoring and regulation is not lodged with the years, the senior citizens will compose 40% of
DENR but with the provincial mining regulatory their population (Kaya punta na lang tayo ng
board which is led by the Governor (so localized Japan. Nangangailangan sila ng workers.
not on the national level). Sobrang dami natin di ba? Maganda kasi ang
Japan. Ganun din sa Korea.).
Related of course to the environmental
problems is pollution. B. Water pollution
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 5
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
municipal solid waste (yung basura), and should be fully informed of what the relevant
hazardous waste, plastic waste, and E waste. So environmental laws are so that they may become
the MSW (municipal solid waste) also called trash, fully aware of what are allowed and what are
garbage is mainly composed of everyday items prohibited in relations to their actions affecting the
that are discarded by the public. environment.
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 6
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
to do the responsibility to ensure that activities better to stop pollution rather than commence
within jurisdiction or control do not cause damage efforts to clean the contaminated areas later in the
to the environment of other states or areas day.
beyond the limits of national jurisdiction. So that is
the duty not to cause harm. There should be a A method by which this principle is spread
balance between the sovereignty to exploit and its out is through the issuance of permits or
duty to ensure that the State do not cause authorizations. These permits fix the conditions of
damage to the areas of other states. administrative controls and criminal penalties.
The sovereign right over natural Another application of this principle is the
resources includes the right of the States to be conduct of Environmental Impact Assessment
free from external interference. The exercise of (EIA). In the Philippines, the governing law in the
State sovereignty however has its limits. Principle conduct of the EIA is PD 1586 (An Act
21 provides that the state has responsibility not to Establishing an Environmental Impact Statement
cause harm beyond the limits of its national System) including other environmental
jurisdiction. The no harm principle recognizes that management related measures.
states activities may be trans-boundary in nature
and is also meant to balance the sovereign The principle of prevention is based on
principle of states and require them to take the idea that it is better to prevent than employ
responsibility for their actions which cause harm measures after harm has occurred in order to
outside of their territory. (Nuclear testing dapat restore the environment. Corollary to this principle
bina-ban because it affects other territory and the (or the expansion of the principle of prevention) is
environment. So dapat di na pinapayagan yan.) the precautionary principle.
The principle of prevention aims to stop Actually, this has been embodied in Rule
the environmental damage even before it occurs 20 of the Rules of Procedure for Environmental
or when it is critical or potential damage may be Cases. The basis of this environmental principle is
irreversible. The principle of prevention of Principle 15 of the Rio Declaration (Rio De
prevention should be differentiated from the Janeiro, Brazil) commonly known as the
obligation not to cause harm. The obligation not to Precautionary Principle.
cause harm deals with the effects of states
activities outside its own territory without regard to In order to protect the environment, the
the activities that cause environmental harm precautionary approach shall be widely applied by
within the State while the principle of prevention States according to their capabilities. Where there
encompasses only environmental harm within a are threats of irreversible damage, lack of full
States own territory. So in applying this principle, scientific certainty shall not be used as a reason
action should be taken at an early stage, for for postponing cost-effective measures to prevent
example to reduce pollution, rather than wait for environmental degradation. The principle
the irreversible effects to occur. For example, the advocates that the potential harm should be
discharge of toxic substances in amounts which addressed even with minimal predictability at
exceed the capacity that the environment can hand. The precautionary principle requires a high
handle must be stopped or halted in order to degree of prudence from the part of the State
ensure that no irreversible damage is inflicted. owners. Decision-makers are not only mandated
This is done to prevent irreversible harm for it is to account for scientific uncertainty but it can also
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 7
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 8
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
the minors who invoked the right to a balanced adequate conditions of life in an environment of
and healthful ecology have no valid cause of quality that permits a life of dignity and well-being.
action and (2) that they have no standing. The SC And he bears a solemn responsibility to protect
said that the minors were entitled to sue on the and improve the environment for the present and
basis of intergenerational responsibility. They are future generations.
suing not only in their behalf as persons who
already exist and are entitled to a balanced and In this respect, policies holding and
healthful ecology but also for children yet unborn. perpetuating after time racial segregation,
The personality of minors to sue in behalf of the discrimination, colonial and other forms of
succeeding generations can only be based in the oppression and foreign domination stand
concept of intergeneration responsibility insofar as condemned and must be eliminated.
the right to a balanced and healthful ecology is
concerned. Such a right considers the rhythm and In the Rio Declaration, under its 27
harmony of nature. Nature means the created Principles, the goal of ensuring protection of the
world in its entirety. Such rhythm and harmony environment must be recognized. So Principle 1
indispensably include, inter alia, the judicious acknowledges that human beings are the center
disposition, utilization, management, renewal and of concerns for sustainable development. The Rio
conservation of the countrys forest, minerals, Declaration also underlines the obligation of
land, waters, fisheries and other natural resources States not to cause harm beyond its jurisdiction -
to the end that the restoration, development and sovereignty and the obligation not to cause harm.
utilization be equitably accessible to the present You also consider environmental protection as an
as well as the future generations. integral part of development. The Rio Declaration
also mandates that the States cannot (di ko
Rights-based Approach maintindihan sori parang may poverty) and give
special attention to the least developed and
This is a recognition of the right to environmentally vulnerable countries,
environment as a fundamental human right. emphasizing that the cooperative process
Rights-based Approach is based on the states a common but differentiated
recognition of the right to environment as a responsibilities. In achieving sustainable
fundamental human right which ought to be development, the Rio Declaration also recognizes
protected. In environmental justice, the rights- the importance of enjoining the citizens in
based approach can be found in various addressing environmental issues with particular
international documents. Examples: Universal emphasis in the roles of women, the youth, and
Declaration of Human Rights (UDHR), Stockholm the indigenous peoples.
Declaration, and Rio Declaration, among others.
So what is it that should be enforced as a
cause of action? Well, under the rights based
Under the UDHR the right to a standard of approach, the right of persons to environmental
living adequate for health and well-being is protection has the same level as a basic human
provided there. All of us have a right to a standard right diba. Under the civil code HR violated, you
of living adequate for health and well-being. Such have redress diba. Its also a basic human right so
right carries with it the right to the environment. can you enforce it in a court of law? Yes, of
course! But what do you enforce? The adoption of
In the Stockholm Declaration which is a the rights based approach placed a crucial role in
primary document in international environmental litigation because persons can be allowed to
law, it was stated in Principle 1 that man has a litigate on the basis of their right to a healthy
fundamental right to freedom, equality, and
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 9
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
environment in the same way that they can litigate Basically, to consider the right of environment as
on the basis of their civil and socio-economic a fundamental right, it is already part of the Bill of
rights. So in line with the rights based approach, Rights diba. What right should already cover it?
there is a growing trend towards achieving Right to life! O what is that? DUE PROCESS
environmental justice. LAW!!
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 10
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
Each pillar has its task in enforcement of statement (EIS) for every proposed project or
environmental laws and in the prevention of undertaking which affects the quality of the
damage. Judiciary promulgated rules already for environment. The purpose is for the government
violations of laws and designated environmental to study whether or not it will grant the
courts throughout the Philippines (Election court environmental compliance certificate (ECC). The
kay judge so hindi designated) project can only be undertaken once the ECC is
issued.
April 13, 2010 Rules on Procedure on
Environmental cases with the following RA 8749 Clean Air Act of 1999 comprehensive
objectives: air management policy and program which aims
to achieve healthy air for all Filipinos.
1. To protect and enhance the constitutional
right of the people to a balanced and healthful RA 9275 Phil Clean Water Act of 2004 protects
ecology the countries water bodies from land based
2. To provide a simplified, speedy, and pollution sources and also provides for
inexpensive procedure for the enforcement of the comprehensive strategy to minimize pollution in a
environmental rights and duties under the multi-sectoral and participatory approach including
constitution, existing laws, rules, and international all the stakeholders
agreements.
3. To introduce and adopt innovations in RA 6969 Phil Toxic Substances and Hazardous
best practices ensuring effective remedies and and Nuclear Waste Act legal framework to
redress for violations of environmental laws control and manage the importation, manufacture,
4. To enable the courts to monitor and exact processing, distribution, management of toxic
compliance with orders and judgments in substances, hazardous, and nuclear waste. The
environmental cases DENR will issue a Chemical Control Order to
prohibit or regulate the manufacture etc. of priority
In accordance with the objectives of the rules chemicals determined to be regulated or banned
of procedure, the following strategies were because of serious risks they impose on public
adapted: health and environment. There is a list of 48 toxic
chemicals.
1. Liberalized legal standing and citizen suit
like Oposa vs. Factoran RA 9003 Philippine Ecological Solid Waste
2. Speedy disposition of cases Management Act - provides for a systematic,
3. Special remedies in the form of Writ of comprehensive and ecological solid waste
Kalikasan writ of continuing mandamus management program which shall ensure
and the environmental protection orders protection of public health and environment.
4. Consent decree
5. Adaption of Strategic Lawsuit Against R.A. 9779 Climate Change Act of 2009 - this law
Public Partici(SLAP) aims to systematically integrate the concept of
climate change in the policy formulation and
Environmental Laws development plans of all government agencies
and units to the end that the government will be
PD 1586 Phil Envi Impact Statement System prepared for the impact of climate change.
mandates that private corporations, firms, or
entities, agencies and instrumentalities of the R.A. 93512 Environmental Awareness Act of 2012
government, prepare an environmental impact - The law aims to promote environmental
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 11
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
awareness through environmental education. The idea that brings together environmental protection
month of November, by the way, has been and social justice.
declared as the environmental awareness month.
By analysing environmental issues in
What is Environmental Justice? terms of social justice, the term, looking at the
path of social justice environmental perspective
The phrase eluded scholars, but one more effective and efficient way of dealing with
definition given by the Environmental Protection environmental challenges can be achieved this
Agency of the United States it is the fair was done by the SC thru the promulgation of rules
treatment of all people, no matter what their race of procedure for environmental cases which is to
color national origin or income level in the enhance mechanism for accessing justice by the
development implementation and enforcement of benefits to environmental violations and at the
environmental laws, regulations and policies; same time upholding the peoples right to a
meaning that no group of people including racial balanced environment and healthful ecology.
or socio economic groups should bear a Beyond the rules of procedures lies the social
disproportionate share of the negative component of environmental justice in our
environmental consequences resulting from country, the effects of environmental violations
industrial, commercial municipal operations in the has been mostly felt by those in the marginalized
execution of programs and policies. sectors of our society they suffer a dreadful
decline in health and in the quality of hearing due
The department of Energy of USA fair to pollution and environmental damage. The
treatment and meaningful involvement of all adverse effects of environmental violations are
people regardless race, ethnicity income or silent killers whose victims are those who do not
education level in environmental decision making. have the means of protecting themselves. The
J. Corona mentioned environmental justice is Rules of Procedure provide the victims means to
actually a combination and integration of empower themselves thru the availment of
environmental law and social justice because remedies accorded to them. This serves as an
every person has a right to a clean, safe and effective response to the urgent need to address
healthy environment. environmental problems in order to prevent the
harsh effects of environmental damage most
As embodied in the Phil. Const. is right of notable in water air deforestation and loss in
the people to a balanced and healthful ecology. marine and terrestrial biodiversity. The country
This right has the correlative duty which is to has seen the most dangerous of all effects
refrain from impairing the environment. brought about by climate change. Yolanda.
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 12
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 13
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 14
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
this seek ensure that authorities fairly allocate and 2. Can they be applied by the Philippine
regulate scarce resources to insure benefits of Courts?
environmental resource, the costs associated with
protecting from any degradation are equitably 3. Can non state litigants invoke the
shared by all members of society. provisions before Philippine courts?
Precautionary principle as we discussed All these questions have been answered in the
earlier scientific uncertainty should not be used as affirmative.
a reason not to take action with respect to a
particular environmental concern. Those engaged What are the reasons why they can be applied
in potentially damaging activity have the burden of in environmental protection in the Philippines:
establishing the absence of environmental harm.
1. Rules of Procedure on environmental
The Pollutant Based Principle states that cases in Philippine courts and jurisdiction over the
national public authority should refrain from cases involving enforcement or violation of the
subsidizing the political control costs of private international environmental laws committed within
enterprises. Instead, these private enterprises the territorial boundaries of the state. The courts
should bear the cost of controlling the pollution can interpret and apply the provisions of such
that they caused. If your company is producing laws. Rule 1 itself states that the enumeration of
products that pollute the environment then the environmental laws in section 2 is not exclusive.
cost of clean-up, remediation or even the Philippine courts can extrapolate from the list
prevention of pollution should be carried by you considered other sources of environmental law.
which should not passed on to the government or
the State. This principle has been applied by US, 2. International agreements become part of
Japan and India. Required in cases requiring toxic the law of the land through adjudication, local
clean-up. legislation or constitutional fiat with the national
environmental agreements and other international
In the Erin Brockovich case, the chemicals binaon environmental agreements become part of our
sa lupa, humalo sa ground water, humalo sa national law. And thus they have the force and
tubig, affected the residents of the nearby effect of laws in the Philippines. Not only have the
community. The consequence of that is cancer. ultra multilateral environmental agreements be
Maraming namatay sa area. That is why they filed clarified in the Philippines but may also be
a case. The company becomes responsible in transformed into local legislation by RA6969
dumping the toxic waste in that area that (Toxic Substances and Hazardous Nuclear Waste
contaminated the ground water. Control Act of 1990), RA 9147 (Wildlife Resources
Conservation and Protection Act), RA8749
Bear in mind the representatives of multilateral (Philippine Clean Air Act of 1999). So Philippine
environmental agreements and the three general courts can interpret and apply international
principles of environmental protection. The environmental law in environmental cases. They
questions that may be asked are the following: may even refer to the provisions of international
environmental law to shed life on or supply gaps if
1. What is the status of Philippine jurisdiction any on the provisions of national environmental
with respect to cases that may require the laws.
aggravation of international agreements on
environment?
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 15
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 16
Lectures of Judge Alberto Serrano in Natural Resources and
Environmental Law
advisory committee to ensure compliance with the On the other hand, respondents argue that
order. These highlights the interest safeguarding a. the Ordinance constitutes an unreasonable
the environment. exercise of Police Power
b. The ordinance imposes a ban instead of merely
3. Resident Marine Mammals of Taon regulation of aerial spray
Strait (GR No.180771) The petitioners claim that c. There is no scientific basis for the ban of the
the marine mammals possess legal standing to aerial spray that produces adverse effect on the
sue. They have sustained direct injuries by reason people and the environment.
of ____ exploration and resulting pollution of their
habitat. They claim that the effect of the Supposing there is no scientific basis that the
underwater noise to the marine mammals is fatal. aerial spray would affect the environment, will you
They also maintain that the service contract sustain the validity of the ordinance? Yes. Apply
violates the Constitution. On the other hand, the the precautionary principle.
respondents claim that marine mammals are
neither natural nor juridical persons cannot be
parties to a civil action. Contrary to the petitioners
allegations that service contract is allowed under
the Constitution.
Arguments:
a. Ordinance is a valid exercise of Police Power
b. There is proof that the people are adversely
affected by the substances sprayed aerially
c. The banana growers interest are protected
because there are other means of spraying
d. There is no violation of the Equal Protection
Clause because there is a rational basis for
classification
e. The property rights of the Banana Growers
should not be placed above the rights of persons
life, balance and healthful ecology.
(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A.,
Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F. Page 17