You are on page 1of 4

CLEAN AIR ACT  Confiscation of device or gadget installed; 2nd or subsequent

 Ban on Incineration (Sec 20) - Burning of municipal, offense- imprisonment and/or fine; cancellation/revocation of CR of
biomedical and hazardous waste which process emits poisonous and vehicle
toxic fumes is prohibited excpt traditional small scale method of  Art 694 CC, nuisance is any act, omission, establishment, business,
community sanitation siga, traditional, agricultural, cultural, health condition of property or anything else which, among others, annoys
and food preparation and crematoria or offends the senses.
 Pollution from Smoking (Sec 24) Smoking inside a public building DEREGULATING THE DOWNSTREAM OIL INDUSTRY
or an enclosed public place including public vehicles and other means  Downstream Oil Industry--Shall refer to the business of exporting,
of transport or any enclosed area outside of one’s private residence, exporting, re-exporting, shipping, transporting, processing, refining,
private place of work or any duly designated smoking area is storing, distributing, marketing and/or selling crude oil, gasoline,
prohibited. LGUs shall implement this provision diesel, liquefied petroleum gas, kerosene, and other petroleum
Any citizen can file appropriate civil, criminal or administrative action products.
(independent) in the proper court against  Requirements to Engage in Oil Industry
 Any person violating or failing to comply with the provision of the -Notice to the DOE for monitoring purposes
law -Certificates of quality, health, safety and environmental clearances
 Implementing Agencies for issuing orders, rules etc inconsistent -Reporting to DOE
with the law -Compliance with Basel Convention-international agreement on trade
 Any public officer who willfully and grossly neglects the or movement of harardous and toxic waste across borders
performance of a act enjoined by law, abuses, etc  Uniform tariff rate on both imported crude oil and petroleum
 Suits and Strategic Legal Actions Against Public Participation products
(SLAPP) –Sec 43 Filed against any citizen or implementing agency to  The President may reduce such rate if reduction is warranted
harass, vex, exert undue pressure or stifle such legal recourses of the Prohibited Acts (Sec 11 &12)
person complaining of or enforcing the provisions of the law.--  Cartelization – any agreement, combination or concerted action by
Prosecutor or court to determine existence of such purpose.--if found refiners, importers and/or dealers, or their representatives, to fix
to have such purpose, court will dismiss the case and award prices, restrict outputs or divide markets, either by products or by
attorney’s fees and double damages areas, or allocate markets, either by products or by areas, in restraint
 Filing of administrative suit does not preclude filing of civil or of trade or free competition, including any contractual stipulation
criminal action which shall proceed independently which prescribes price levels and profit margins
 Sec 45- violation of standards for stationary sources(building or  Predatory Pricing – selling or offering to sell any oil product at a
immobile structure, facility, installation which emits or may emit air price below the seller’s or offeror’s average variable cost for the
pollutant) fines, closure order, suspension of development, purpose of destroying competition, eliminating a competitor or
construction, or operations of the stationary sources until such time discouraging a potential competitor from entering a market. Except:
that proper environmental safeguards are put in place; third time pricing below average variable cost to match lower price of
offense- for permanent closure; immediate issuance of ex-parte competitor
order in some instances  Persons responsible- chief operating officer, chief executive officer
 Sec 46- violation of standards for motor vehicle – registration only or chief finance officer of an entity
upon meeting emission standards; vehicles suspected of violating  Penalty- 3-7 years and fine of P1M-2M
emission standards through visual signs shall be subjected to
emission test, if no violation vehicle is immediately released, Other prohibited acts
otherwise, vehicle is impounded until payment of penalty; license  Refusal to submit reportorial requirements
plate to be surrendered with undertaking by owner/operator to make  Refusal to use clean and safe technologies
necessary repairs to comply with standards; Pass only good for  Refusal to any order or instruction of the DOE secretary
maximum of 7 days; seminar on pollution control and fines for first, (enforcement power of DOE secretary under sec 15)
second, third offense  Refusal to register any fuel additive with the DOE prior to its use
violation of sec 21(national inspection and maintenance program)- as additive
fine or cancellation of license for technician and center PENALTY- 2 YRS OF IMPRISONMENT AND A FINE OF P250T-500T
 Sec 46- violation of standards for motor vehicle – registration only
upon meeting emission standards; vehicles suspected of violating  In times of national emergency, when public interest so requires,
emission standards through visual signs shall be subjected to the DOE may, during the emergency and under reasonable terms,
emission test, if no violation vehicle is immediately released, temporarily take over or direct the operation of any person or entity
otherwise, vehicle is impounded until payment of penalty; license engaged in oil industry
plate to be surrendered with undertaking by owner/operator to make
necessary repairs to comply with standards; Pass only good for ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000
maximum of 7 days; seminar on pollution control and fines for first,  Material Recovery Facility – includes a solid waste transfer station
second, third offense or sorting station, drop-off center, a composting facility, and a
violation of sec 21(national inspection and maintenance program)- recycling facility
fine or cancellation of license for technician and center  Open Dump-a disposal area wherein the solid wastes are
UNATHORIZED USE OF SIRENS PD 96 indiscriminately thrown or disposed of without due planning and
 It shall be unlawful for the owner or possessor of any motor consideration for the environment and health standards
vehicle to use or attach to his vehicle any siren, bell, horn, whistle, or  Solid waste – refers to all discarded household, commercial waste,
other similar gadgets that produce exceptionally loud or startling non-hazardous institutional and industrial waste, street sweepings,
sound, including domelights, blinkers and other similar signalling or construction debris, agricultural waste, and other non-hazardous
flashing devices non-toxic solid waste
 These gadgets or devices may be attached to and used only on Role of LGUs in Solid Waste Management (Sec 10)
motor vehicles designated for official use by AFP, NBI, LTO, police  Primarily responsible for the implementation and enforcement of
departments, fire departments and hospital ambulances the provisions of this Act within their respective jurisdiction
 Collection and segregation of waste- barangay level
 Collection of non-recyclable materials- municipal/city government
 Segregation of waste shall be conducted at the source to include  President can enter into contract with foreign corporations for
household, institutional, industrial, commercial and agricultural technical or financial assistance (large scale exploration of minerals,
sources (sec 21) petroleum and other mineral oils)
 There shall be established a Material Recovery Facility in every  Lands of public domain and classification- agricultural (alienable),
barangay or cluster of barangays- barangay owned or leased lot forest or timber, mineral lands and national parks
 Open dumps and controlled dumps are prohibited (Sec 37)  Alienable lands maybe leased to private corporations or
 Prohibition on the use of non-environmentally acceptable associations; term <=25 +<=25; not to exceed 1000 hectares;
packaging- revocation, suspension, denial or non-renewal of any citizens not more than 500 hectares; acquire not more than 12
license hectares by purchase, homestead or grant
PROHIBITED ACTS (Sec 48)  Limits of forest lands and national parks (sec 4)
 Littering, throwing, dumping of waste matters in public places, such  Protection to indigenous cultural communities (sec 5)
as roads, sidewalks, canals, esteros or parks and establishment or  Social function of property
causing or permitting the same SOCIAL JUSTICE AND HUMAN
 Undertaking activities or operating, collecting or transporting  RIGHTSEcological considerations in agrarian reform (Sec 4)
equipment in violation of sanitation operation and other requirements  Preferential use of marine resources for subsistence fishermen (sec
or permits required 7)
 Open burning of solid waste  Role and rights of people’s organization
 Causing or permitting the collection of non-segregated or unsorted
waste
 Squatting in open dumps and land fills
 Open dumping, burying of biodegradable or non-biodegradable
materials in flood prone areas PILFERAGE OF ELECTRICITY
 Xxxx ILLEGAL USE OF ELECTRICITY (SEC 2)-
 Manufacture, distribution, or use of non-environmentally acceptable  Tap, make or cause to be made any connection with overhead lines,
packaging materials service drops, or other electric service wires, without previous
 Citizen suits (sec 52)-against any person violating the law, DENR authority or consent of the private electric utility or cooperative
issuing rules, etc contrary to law, public officer who neglects the concerned
performance of an act, abuses, etc  Tap, make or cause to be made any connection to existing electric
 Suits and Strategic Legal Action Against Public Participation service facilities of any duly registered consumer without the latter’s
(SLAPP) (sec 53) or electric utility’s consent
 Improper garbage disposal  Tamper, install, or use a tampered electrical meter, jumper, current
(PD 825) Any person, who shall litter or throw garbage, filth, or reversing transformer, shorting or shunting wire, loop connection or
other waste matters in public places, such as roads, canals, esteros any other device which interferes with the proper or accurate registry
or parks, shall suffer an imprisonment of 5 days-one year or a fine of or metering of electric current or otherwise, results in its diversion in
P100-P2,000, or both a manner whereby electricity is stolen or wasted
CONSTITUTIONAL PROVISIONS ON ENVIRONMENT -WE, the  Damage or destroy an electricmeter, equipment
sovereign Filipino people xxxxxxx, promote the common good, wire or conduit to allow any of them to be so damaged or destroyed
conserve and develop our partrimony, and secure to ourselves as to interefere with the proper or accurate metering of electric
xxxxxx Constitution. current
 National Territory (Art. 1) Xxxx comprises the Philippine  Knowingly use or receive the direct benefit of electric service
archipelago, with all the islands and waters embraced therein, and all obtained though any of the actions mentioned
other territories over which the Philippines has sovereignty or PENALTY:Prision mayor or a fine of P10T-20T
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, Theft of Electric Power Transmission Lines and Materials (Sec 3)
including its territorial sea xxx. The waters around, between and  Cut, saw, slice.. Or remove any electric power transmission
connecting the islands of the archipelago, regardless of their breadth line/material or meter.. without the consent of the owner, whether or
and dimensions, form part of the internal waters of the Philippines. not it is done for profit or gain
 STATE POLICIES RIGHT TO HEALTH (Sec 15)- including instilling  Take, carry away or remove any electric power transmission
health consciousness.--RIGHT TO A BALANCED ECOLOGY (Sec 16) line/material or meter.. without the consent of the owner, whether
including healthful ecology in accord with the rhythm and harmony of or not it is done for profit or gain
nature.  Store, possess or keep in his premises,custody or control any
 BILL OF RIGHTS--RIGHT TO DUE PROCESS (Sec 1) --Right to electric power transmission line/material or meter without the
PRIVACY (Sec 2)--Right to Access Information ( Sec 7) consent of the owner, whether or not the act is done for profit or
 NATIONAL ECONOMY AND PATRIMONY (Art. XII) Efficient use of gain
resources (Sec 1)- equitable distribution of opportunities, income and  Load, carry, ship or move from one place to another any electric
wealth; industrialization and full employment based on sound power transmission line/material without first securing the required
agricultural development and agrarian reform clearance or permit, whether or not the act is done for profit or gain
 State ownership of natural resources (Sec 2)- all lands of public PENALTY: Reclusion temporal or fine of P50-100T
domain, waters, minerals, coal, petroleum and other mineral oils, all Prima Facie Evidence of ILLEGAL USE OF ELECTRICITY (Sec 4)
forces of potential energy , fisheries, forests or timber, wildlife, flora  Presence of bored hole on the glass cover of the electric meter or
and fauna, and other natural resources are owned by the state at the back thereof
 Shall not be alienated except agricultural land  Presence inside the electric meter of salt, sugar and other
 State has full control and supervision on its exploration and elements
development  Existence of any wiring connection which affects normal operation
 State may enter into contracts with Filipino citizens or Filipino or registration of electric meter
Corporations (60% Filipino capital); term not to exceed 25 years,  Presence of a tampered, broken or fake seal on the meter, etc
renewable not to exceed 25 years  Presence in any part of the building or its premises within the
control of consumer or on the electric meter, of a current reversing
transformer, jumper, etc
 Mutilation, alteration,.. tampering of instruments, transformers and  Notice to petition to declare the land as mining area and to oppose
accessories such petition
 Destruction or attempt to destroy any integral accessory of the  If approved, voluntary agreement between miners and landowners
metering device box is encouraged
 Acceptance of money or other valuable consideration by any officer  Among others, owners are entitled to royalties
or employee of the electric utility concerned or making of such an  Notice to petition to declare the land as mining area and to oppose
offer to any of the officer or employee for not reporting the presence such petition
of the mentioned circumstances  If approved, voluntary agreement between miners and landowners
B. Possession of electric power transmission line or material by any is encouraged
person not engaged in the business or industry  Among others, owners are entitled to royalties
Disconnection of Electric Service (Sec 6)  Reversion of People’s Small Scale Mining Areas – if it can no longer
 Right to disconnect immediately after service of written notice or feasibly operate as such; when safety, health and environmental
warning without need of court or administrative order condition warrant the same (Sec 22)
 If caught illegally using electricity – deny reconnection RULE 7:WRIT OF KALIKASAN
 Not subject to injunctive action except with evident bad faith Section 1. Nature of the writ. - The writ is a remedy available to a
Creating a People’s Small-Scale Mining Program natural or juridical person, entity authorized by law, people’s
 Mining is a naturally extractive industry. It must be done very organization, non-governmental organization, or any public interest
carefully group accredited by or registered with any government agency, on
 Be careful of what you take out of the Earth especially those that behalf of persons whose constitutional right to a balanced and
you cannot put back in healthful ecology is violated, or threatened with violation by an
 State Policy-Promote, develop, protect and rationalize viable small unlawful act or omission of a public official or employee, or private
scale mining activities in order to generate more employment individual or entity, involving environmental damage of such
opportunities and provide an equitable sharing of the nation’s wealth magnitude as to prejudice the life, health or property of inhabitants
and natural resources, giving due regard to existing rights. in two or more cities or provinces.
 Mineralized areas refer to areas with naturally occuring mineral Section 2. Contents of the petition. - The verified petition shall
deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay contain the following:
and like mineral resources (a) The personal circumstances of the petitioner;
 Small-scale mining refers to mining activities which rely heavily on (b) The name and personal circumstances of the respondent or if the
manual labor using simple implements and methods and do not use name and personal circumstances are unknown and uncertain, the
explosives or heavy mining equipment respondent may be described by an assumed appellation;
 Small-scale miners refers to Filipino citizens who individually or in (c) The environmental law, rule or regulation violated or threatened
the company of other Filipino citizens, voluntarily form a cooperative to be violated, the act or omission complained of, and the
licensed by DENR to engage, under the terms of conditions of the environmental damage of such magnitude as to prejudice the life,
contract, in the extraction or removal of minerals or ore-bearing health or property of inhabitants in two or more cities or provinces.
materials from the ground (d) All relevant and material evidence consisting of the affidavits of
Lands that may be declared suitable for small scale mining witnesses, documentary evidence, scientific or other expert studies,
 Public land not subjected to any existing right and if possible, object evidence;
 Public land covered by existing mining rights which are not active (e) The certification of petitioner under oath that: (1) petitioner has
mining areas not commenced any action or filed any claim involving the same
 Private lands, subject to certain rights and conditions, etc issues in any court, tribunal or quasi-judicial agency, and no such
(Sec 6) other action or claim is pending therein; (2) if there is such other
 No ancestral lands maybe declared as a people’s small scale mining pending action or claim, a complete statement of its present status;
area without the consent of the cultural communities concerned. If (3) if petitioner should learn that the same or similar action or claim
so declared, members of the cultural communities therein shall be has been filed or is pending, petitioner shall report to the court that
given priority in the awarding of small-scale mining contracts fact within five (5) days therefrom; and
(Sec 7) (f) The reliefs prayed for which may include a prayer for the issuance
 All persons undertaking a small scale mining activities shall register of a TEPO.
as miners with the Board/DENR and may organize themselves into Section 3. Where to file. - The petition shall be filed with the
cooperative in order to qualify for the awarding of people’s small Supreme Court or with any of the stations of the Court of Appeals.
scale mining contract (Sec 8) Section 4. No docket fees. - The petitioner shall be exempt from the
 Awarded to small-scale miners who have voluntarily organized and payment of docket
have duly registered with appropriate government agency as an fees.
individual miner or cooperative. Provided only one contract maybe Section 5. Issuance of the writ. - Within three (3) days from the date
awarded at any one time to a small-scale mining contractor who shall of filing of the petition, if the petition is sufficient in form and
start operation within 1 year from the date of award and priority shall substance, the court shall give an order: (a) issuing the writ; and (b)
be given to miners residing in the province or city where area is requiring the respondent to file a verified return as provided in
located Section 8 of this Rule. The clerk of court shall forthwith issue the writ
 Mining area= not to exceed 20 hectares per contractor depending under the seal of the court including the issuance of a cease and
on the circumstances at hand (sec 10) desist order and other temporary reliefs effective until further order.
 Small-scale mining contract cannot be sub-contracted (sec 12) Section 6. How the writ is served. - The writ shall be served upon the
 Term of contract = 2 years, renewable (Sec 13) respondent by a court officer or any person deputized by the court,
 Duties and obligations of contract holder (sec 13) who shall retain a copy on which to make a return of service. In case
 Rights of Claimowners (sec 14)-- Claimowners and small-scale the writ cannot be served personally, the rule on substituted service
miners are encouraged to enter into a voluntary and acceptable shall apply.
agreement. In case of disagreement, this section provides for rights Section 7. Penalty for refusing to issue or serve the writ. - A clerk of
and privileges of claimowners including royalties court who unduly delays or refuses to issue the writ after its
 Rights of Private Landowners (Sec 15) 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 Section 13. Contempt. - The court may after hearing punish the
actions. respondent who refuses or unduly delays the filing of a return, or
Section 8. Return of respondent; contents. - Within a non-extendible who makes a false return, or any person who disobeys or resists a
period of ten (10) days after service of the writ, the respondent shall lawful process or order of the court for indirect contempt under Rule
file a verified return which shall contain all defenses to show that 71 of the Rules of Court.
respondent did not violate or threaten to violate, or allow the Section 14. Submission of case for decision; filing of memoranda. -
violation of any environmental law, rule or regulation or commit any After hearing, the court shall issue an order submitting the case for
act resulting to environmental damage of such magnitude as to decision. The court may require the filing of memoranda and if
prejudice the life, health or property of inhabitants in two or more possible, in its electronic form, within a non-extendible period of
cities or provinces. thirty (30) days from the date the petition is submitted for decision.
All defenses not raised in the return shall be deemed waived. Section 15. Judgment. - Within sixty (60) days from the time the
The return shall include affidavits of witnesses, documentary petition is submitted for decision, the court shall render judgment
evidence, scientific or other expert studies, and if possible, object granting or denying the privilege of the writ of kalikasan.
evidence, in support of the defense of the respondent. The reliefs that may be granted under the writ are the following:
A general denial of allegations in the petition shall be considered as (a) Directing respondent to permanently cease and desist from
an admission thereof. committing acts or neglecting the performance of a duty in violation
Section 9. Prohibited pleadings and motions. - The following of environmental laws resulting in environmental destruction or
pleadings and motions are prohibited: damage;
(a) Motion to dismiss; (b) Directing the respondent public official, government agency,
(b) Motion for extension of time to file return; private person or entity to protect, preserve, rehabilitate or restore
(c) Motion for postponement; the environment;
(d) Motion for a bill of particulars; (c) Directing the respondent public official, government agency,
(e) Counterclaim or cross-claim; private person or entity to monitor strict compliance with the decision
(f) Third-party complaint; and orders of the court;
(g) Reply; and (d) Directing the respondent public official, government agency, or
(h) Motion to declare respondent in default. private person or entity to make periodic reports on the execution of
Section 10. Effect of failure to file return. - In case the respondent the final judgment; and
fails to file a return, the court shall proceed to hear the petition ex (e) Such other reliefs which relate to the right of the people to a
parte. balanced and healthful ecology or to the protection, preservation,
Section 11. Hearing. - Upon receipt of the return of the respondent, rehabilitation or restoration of the
the court may call a preliminary conference to simplify the issues, environment, except the award of damages to individual petitioners.
determine the possibility of obtaining stipulations or admissions from Section 16. Appeal. - Within fifteen (15) days from the date of notice
the parties, and set the petition for hearing. of the adverse judgment or denial of motion for reconsideration, any
The hearing including the preliminary conference shall not extend party may appeal to the Supreme Court under Rule 45 of the Rules
beyond sixty (60) days and shall be given the same priority as of Court. The appeal may raise questions of fact.
petitions for the writs of habeas corpus, amparo and habeas data. Section 17. Institution of separate actions. - The filing of a petition
Section 12. Discovery Measures. - A party may file a verified motion for the issuance of the writ of kalikasan shall not preclude the filing
for the following reliefs: of separate civil, criminal or administrative actions.
(a) Ocular Inspection; order — The motion must show that an ocular
inspection order is necessary to establish the magnitude of the
violation or the threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall state in detail
the place or places to be inspected. It shall be supported by affidavits
of witnesses having personal knowledge of the violation or
threatened violation of environmental law.
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for the
purpose of inspecting or
photographing the property or any relevant object or operation
thereon.
The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The
motion must show that a production order is necessary to establish
the magnitude of the violation or the threat as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.
After hearing, the court may order any person in possession, custody
or control of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, or objects in digitized
or electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection,
copying or photographing by or on behalf of the movant.
The production order shall specify the person or persons authorized
to make the production and the date, time, place and manner of
making the inspection or production and may prescribe other
conditions to protect the constitutional rights of all parties.