Environmental Law Reviewer – Finals

I. True or False
1. Q: RA 8485 or Animal Welfare Act focuses only on pets in the household.
A. FALSE. Sec. 1 of R.A. 8485 includes all animals either as objects of trade or as household pets.

2. Q: Smoking is prohibited solely in public utility vehicles.

A. FALSE. Sec. 5 of R.A. 9211 or the Tobacco Regulation Act of 2003 enumerates other public
places where smoking is absolutely prohibited like Schools, Hospitals and Public conveyance and
public facilities.

3. Q: Smoking is prohibited in public places whether fixed or mobile.

A. TRUE.

4. Q: Smoking-designated areas can be open areas.

A. FALSE. (sabi ni Maam)
i. Caveat: Under Sec. 6 of R.A. 9211 xxx Such areas may include a designated smoking
area within the building, which may be in an open space or separate area with proper
ventilation, but shall not be located within the same room that has been designated as a
non-smoking area. Xxx
ii. Also, under E.O 26: "Designated Smoking Area" (DSA) refers to an area of a building
or conveyance where smoking may be allowed, which may be in an open space or
separate area with proper ventilation subject to the specific standards provided in this
order.
A. Caveat 2: Every city has its own ordinance against smoking, so basically, they
can require that the Smoking-designated areas to be enclosed.

5. Q: Smoking among minors can be allowed provided there is proof of good moral character.
A. FALSE. Absolutely prohibited.
i. Q.2. What if the seller does not know the real age of the buyer who turns out to be a
minor? Will the defense of lack of knowledge sufficient?
A. NO. Sec. 9 of R.A. 9211 provides that “It shall not be a defense for the person
selling or distributing that he/she did not know or was aware of the real age of the
minor. Neither shall it be a defense that he/she did not know nor had any reason
to believe that the cigarette or any other tobacco product was for the consumption
of the minor to whom it was sold.”

6. Q: Under the Tobacco Regulation Act, radio advertisement of tobacco is no longer allowed as of
January 1, 2007.
A. TRUE. Section 22. Ban On Advertisements - Beginning 1 January 2007, all tobacco advertising
on television, cable television and radio shall be prohibited.

7. Q: Under Tobacco Regulation Act, advertisement in the internet may be allowed provided the site
is not restricted.
A. FALSE. Although Tobacco Regulation Act allowed advertisement in the internet provided that
the site is not restricted (Sec. 21), as of July, 1 2008, all forms of tobacco advertising in mass
media shall be prohibited except tobacco advertisements placed inside the premises of point-of
sale establishments (Sec. 22). So as of now, advertisement in the internet is prohibited, whether
the site is restricted or not.
i. Caveat: Mass Media “but not limited to, radio, television, cable television, and cinema;
electronic media such as but not limited to the internet”

8. Q: The DENR is part of the National Disaster Risk Reduction Management Council (NDRRMC)
A. TRUE. Sec. 6 of R.A. 10121 states that “The National Council's members shall be the following:
xxx (b) Secretary of the Department of Environment and Natural Resources (DENR) xxx

9. Q: Selling of cigarettes is not allowed inside school campuses.

A. TRUE. Sec. 10. Sale of Tobacco Products Within School Perimeters. - The sale or distribution of
tobacco products is prohibited within one hundred (100) meters from any point of the perimeter
of a school, public playground or other facility frequented particularly by minors.

10. Q: The lead agency in the implementation of RA 9003 is the Office of the President.
A. FALSE. The Department of Environment and Natural Resources (DENR) through its
Environmental Management Bureau (EMB) will be the lead agency in the implementation of the
project.
 11. Q: The Philippine Clean Water Act applies to freshwater bodies only.
A. FALSE. It includes wastewater.

12. Q: The Philippine Clean Air Act covers mobile and stationary sources of pollution only.
A. FALSE. It also includes Areas sources.

13. Q: LGU are mandated under R.A. 9003 to implement certain provision of such law.
A. TRUE. Sec. 10 of R.A. 9003 “The LGUs shall be primarily responsible for the implementation
and enforcement of the provisions of this Act within their respective jurisdictions. xxx”

14. Q: Citizen’s Suit is provided under the Philippine Clean Water Act or R.A. 9275.
A. FALSE.

15. Q: Smoking is absolutely prohibited under existing laws due to its adverse impacts on health.
A. FALSE.

16. Q: Under the Tobacco Regulation Act, displaced tobacco farmers shall be assisted by the
government in finding options for alternative sources of livelihood only within one year from the
implementation of the law.
A. FALSE. Sec. 33 of R.A. 9211 states that “xxx For a period not exceeding five (5) years xxx
displaced tobacco farmers shall be assisted by the government in finding options for alternative
sources of livelihood.

17. Q: The Office of the Civil Defense (OCD) is the highest policymaking body on disaster management
in the country, and advises the President on efforts in disaster management undertaken by the
government and the private sector.
A. TRUE. R.A. 10121,
i. Sec. 8. 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
ii. Sec. 24. Annual Report. - The National Council, through the OCD, shall submit to the
Office of the President, the Senate and the House of Representatives, within the first
quarter of the succeeding year, an annual report relating to the progress of the
implementation of the NDRRMP.

18. Q: The Climate Change Act and DRRMA are the government’s flagship climate finance laws.
A. FALSE. Republic Act No. 10174 or the People’s Survival Fund.

II. ESSAY

1. Q: Everyday in her backyard in San Jose, Puerto Princesa City, Mang Juan sweeps the ground,
gather all wastes in one corner and burns them until the same are reduced to ashes. Aling Cecil, an
irate neighbor, whose son has asthma, filed a criminal complaint for open burning of washes
against Mang Juan with the MTC. Mang Juan, in her counter-affidavit, claimed that he is not liable
since his act qualifies as “siga” or traditional community sanitation which is exempted under the
Philippine Clean Air Act or R.A. 8749. Does Aling Cecil have basis for filing a criminal case? Is
Mang Juan correct?

Answer:
A. Yes. Aling Cecil has basis for filing a criminal case. Sec. 41. of R.A. 8749 provides for Citizen Suits
which states that “any citizen may file an appropriate civil, criminal or administrative action in the
proper courts against. xxx.. (a) Any person who violates or fails to comply with the provisions of this
Act xxx”.
i. Caveat: Since the criminal action filed against Mang Juan is under the jurisdiction of MTC, a
barangay conciliation should first be exhausted, otherwise, the complaint is prematured.
ii. Caveat 2: Before exhausting such right (citizen suit), it is a well settled rule that the
administrative remedies should first be exhausted.

B. No. Mang Juan is not correct. Section 48 of Solid Waste Management Act (SWMA) expressly
amended the provision on “siga” or traditional community sanitation under Philippine Clean Air Act.
SWMA expressly prohibits the open burning of solid waste. Hence, Mang Juan is not correct.
 2. Q: In September 2008, Gerry Santos renewed the registration of his car with the LTO. He went to
the STATIC SPARKLES private emission testing center, had the car tested and secured the results
that stated “PASSED”. He then renewed the car registration with the LTO district office concerned
and received the official receipt of payment of the fees. In November 2008, while driving his car,
Gerry Santos was confronted by deputized agents of the Puerto Princesa City Traffic Management
Office. By the roadside, emissions from his car were tested and found to have violated the standards
set by the Clean Air Act. Gerry Santos protested and cited the September 2008 results from the
private emission testing center. Gerry Santos was given a ticket and fined. Gerry Santos protested
the ticket and fine and believed that he was a victim of injustice. He then filed an administrative
complaint against the city traffic personnel for abuse of authority. In his complaint, Gerry Santos
stated that the test results on his car was valid for one year or until August 2009, and the traffic
personnel should be liable for apprehending him. Is Gerry Santos correct?

A. No. Gerry Santos is not correct. Under Sec. 21 of the Clean Air Act, the DOTC may deputize other
law enforcement agencies and LGUs for this purpose, in this case, it was the Puerto Princesa City
Traffic Management Office (PPCTMO). In the same section, it provides that they shall have the
power to: “(1) Inspect and monitor the emissions of motor vehicles. xxx” thus, there was no abuse of
authority on the part of the PPCTMO. Also, the test results on his car is not conclusive and may be
invalidated for violation of Clean Air Act. Although the validity of the result was for one year, the
duty to maintain the emission standard lies on Gerry, such duty is continuing in nature and violation
of such revokes the validity of the license. Gerry Santos should have filed an action against STATIC
SPARKLES since the latter committed fraud against him.

3. Barangay Elvita of the Municipality of Narra suffers flooding each time heavy rains occur (even
without typhoons). More than 1,000 residents have complained to the barangay council during their
annual barangay assembly. Barangay officials came to you to seek your help on how to deal with
their residents’ vulnerabilities to climate change. What will be your advice?

A. I would advise them to coordinate with the Municipality of Narra, specifically to their Environment
and Natural Resources Office (ENRO) to request before the Climate Change Commission to allocate
funds from People’s Survival Fund to Barangay Elvita and request the DENR to oversee the
establishment and maintenance of a climate change information management plan for the barangay.
Also, would advise them to talk with the Mayor of Narra to make a plan for relocation of the residents
in the meantime, specifically, those living near the coast.
R.A. 8749 R.A. 9003 R.A. 10121 R.A. 9729
Philippine Clean Air Ecological Solid Waste Philippine Disaster Risk Climate Change Act
Act Management Act Reduction and Management Act
Frontline DENR DENR thru Office of Civil Defense (OCD) Office of the President thru
Agencies National Solid Waste thru
LGU, DOTC, DOST, Management National Disaster Risk Climate Change
DOE, DECS, DILG, Commission (NSWMC) Reduction and Management Commission (CCC)
DA, PIA Council. (NDRRMC)
DILG, DOST, DPWH, DA, DOE, DENR, DepED,
DOH, DTI, DA, MMDA DILG, DSWD, DOST, NEDA, DFA, DOH, DILG, DND,
DOH, DENR, DA, DepED, DPWH
DOE etc.
Does the Yes. DENR shall be the Yes. Recommend policies, Yes. Integrate disaster risk Yes. Oversee the
DENR primary government Annual Report, Review reduction and management establishment and
have a agency responsible for and Monitoring, Assistance education in the school maintenance of a climate
role? the implementation and to LGU etc. curricula of secondary and change information
enforcement of this Act. tertiary level of education. management system and
Also, recommend policies. network.

Does the Yes. Share the Yes. primarily responsible Yes. LDRRMO shall Design, Yes. The LGUs shall be the
Municipal responsibility in the for the implementation and program, and coordinate frontline agencies in the
LGU have management and enforcement of the disaster risk reduction, formulation, planning and
a role? maintenance of air provisions of this Act Facilitate and support risk implementation of climate
quality within their within their respective assessments and contingency change action plans in their
territorial jurisdiction. jurisdictions. Collection of planning activities and respective areas.
non-recyclable materials. Implement the plan.
Any role None. Yes. Segregation and Yes. BDRRMC shall be Yes. Barangays shall be
for the collection of solid waste responsible for setting the directly involved with
Barangay shall be conducted at the direction, development, municipal and city
LGU? barangay level specifically implementation and governments in prioritizing
for biodegradable, coordination of disaster risk climate change issues and in
compostable and reusable management programs within identifying and
wastes their territorial jurisdiction. implementing best practices
and other solutions.