1972 Stockholm Declaration – regarded as the foundation of modern international environment

law

1983 Brundtland Commission’s Report – espoused the concept of sustainable development,

thereby recognizing the linkage between the environment and economic development.

1992 UNCED (United Nations Conference on the Development) – led to the Rio Declaration on
the Environment and Development as well as Agenda 21

Agenda 21 – sustainable future, Earth Summit in Rio de Janeiro in June 1992. It details on action
plan for sustainable development and environmental protection.

Philippine Agenda 21 – Philippine’s commitment to UNCED. Our own national ageda for
sustainable development.

Enhanced PA 21 – noted that: the rise of globalization and the creation of an external
environment of finance, markets, and technology did not seem conducive to development; civil
society needs to specify its commitment and contribution achieving sustainability in the updated
documents; gov’t need to be imbued with sustainable development perspective.

UN Conference on the Law of the Sea (UNCLOS) – Law of the Sea Convention
- Resulted from UNCLOS III from 1972 and 1983
- Defines rights and responsibilities of nations with respect to their use of the world’s
oceans, establishing guidelines for businesess, environment and management of marine
natural resources.
- Creates sui generis maritime space, the EEZ, granting new rights to coastal States to
exploit the resources found within this zone up to 200 nautical miles.

PH-China Sea Dispute Award

- Tribunal concluded that there has no legal basis for China to claim “historic rights” to
resources within the sea areas falling within the “nine-dash line”
- Incompatible with the EEZ provided for in the UNCLOS.
- Violated PH sovereign rights’ in its EEZ by:
a. Interfering with PH fishing and petroleum exploration
b. Constructing artificial lands;
c. Failing to prevent Chinese fishermen from fishing
- PH had traditional rights at Scarborough and China has interfered with these rights in
restricting access.
- China caused severe harm to the coral reef environment
- Violated its obligation to preserve and protect fragile ecosystems.

Vienna Convention for the Protection of the Ozone Layer (1985)

- Framework agreement which States agree to cooperate in relevant research and scientific
assessments of the ozone problem
- to exchange information;
- to adopt appropriate measures to prevent activities that harm the ozone
Montreal Protocol for the Protection of the Ozone Layer (1989)
- designed to protect the ozone layer by phasing out the production of numerous
substances.

Copenhagaen Accord
- world’s developed and biggest developing countries agreed to put limits on their -
greenhouse gas emission.
- Still not enough but were a big advance on reducing emissions compared with “business
as usual”.

UN Framework Convention on Climate Change

- This agreement binds gov’ts to take action to avoid dangerous climate change, but didn’t
specify what actions.
- In 2000, PH forwarded to the UNFCC its Initial National Communication which
enumerated the accomplishments of the country in the fields of greenhouse abatement
and inventory.
- In 2015, PH submitted ahead of the Paris Summit.

Kyoto Protocol
- Objective is to fight global warming by reducing greenhouse gas concentrations in the
atmosphere to “a level that would prevent dangerous anthropogenic interference with the
climate system”. (Art. 2)
- Extends the 1992 UNFCC
- Reduce greenhouse gas emissions on the premise that:
a. Global warming exists
b. Manmade CO2 emissions have cause it.

Basel Convention
- To reduce the movements of hazardous waste between nations
- To prevent transfer of hazardous waste from developed to less developed countries.

Paris Summit (2015)

- Participated by 190 nations including PH
- Aimed at reducing global greenhouse gas emissions
- Avoiding the worst impacts of climate change
- Global action plan to put the world on track to avoid dangerous climate change by
limiting global warming to well below 2C.
- Ratified in PH 2016

Main takeaway:
All these international agreements, protocols, and conventions provide and mainstream a greater
sense of importance and urgency on the issue of environmental protection.

Philippine Environmental Law and Issuances:

Philippine Environmental Policy (P.D. No. 1151)
- Sec. 1. Policy – It is hereby declared a continuting 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

Constitutional Provisions
1. Article I
2. Article II, Section 15
3. Article II, Section 16
4. Article XII, Section 2
5. Article XII, Section 5
6. Article XIII, Section 7

Laws and Administrative Issuances

Philippine Environmental Policy

– mandated the formulation of an intensive, integrated program of environmental protection

Philippine Environment Code

– basis policy on the management and conservation of the country’s natural resources

National Integrated Protected Areas System (NIPAS) Act

- provides for the integrated management of all declared protected areas in the country.

The Revised Forestry Code

- the governing law on forestry.
- Basic policy is that uses of forestlands shall be oriented to the development and progress
of the country

 Law Requiring the Planting of Trees in Certain Places and Penalizing Unauthorized
Cutting or Destruction Thereof.

Philippine Fisheries Code

- Basic law on fisheries management and utilization
- Its provisions aply in all PH waters and all other waters over which the PH has
sovereignty and jurisdiction

Philippine Mining Act

- Principal law on mining
- All mineral resources are owned by the State
- Aims to promote their rational exploration, development, utilization and conservation
Indigenous People’s Rights Act
- Policy of the State to recognize, promote, and protect the rights of indigenous peoples
(IPs) to their ancestral lands and domains and ensure their cultural integrity.

Philippine Clean Air Act

- Provides for a national program of air pollution management and prevention
- Active participation in air quality planning and monitoring.

Philippine Clean Water Act

- To revive the quality of fresh, brackish, marine waters
- To streamline processes and procedures in the prevention, control and abatement of
pollution of country’s water resources

Ecological Solid Waste Management Act

- To adopt a systematic, comprehensive and ecological solid waste management
- Protection of public health and environment
- Set guidelines for solid waste avoidance
- Proper segregation, collection, transport storage and disposal

The Wildlife Resources Conservation and Protection Act

- Policy of the State to conserve the country’s wildlife resources and their habitats for
sustainability
- Objective of promoting ecological balance and biological diversity

Chain Saw Act

- Regulates ownership, possession, sale, importation and use

Laguna Lake Development Authority

- To lead, promote, and accelerate the development and balanced growth of the Laguna
Lake area and surrounding provinces, cities and towns.

Biofuels Act
- Provides for the mandatory use of biofuels to help lessen emission of greenhouse gases
(GHGs)

Climate Change Act of 2009

- Establishes a Climate Commission which shall be the policy-making body of the gov’t
- Tasked to coordinate, monitor, and evaluate the programs and action pls of the gov’t
relating to climate change

Philippine Disaster Risk Reduction and Management Act of 2010

- Institutionalizes agreements and measure for reducing disaster risks, including projected
climate risks, and enhances disaster preparedness and response capabilities.

Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
- To regulate or prohibit the importation, use and disposal of chemical substances
- Prohibits entry of nuclear wastes and their disposal into the PH.

Philippine Environmental Policy

- Continuing policy to create, develop, maintain and improve conditions under which man
and nature can thrive in production and enjoyable harmony with each other.

National Caves and Cave Resource Management Act

- To conserve, protect and manage caves and resources as part of the country’s natural
wealth

Rules of Procedure for Environmental Cases

- Chief Justice Puno approved the new Rules of Procedure for Environment Cases
- First of its kind in the world
- To promulgate rules concerning the protection and enforcement of constitutional rights
- To provide a simplified inexpensive procedure for disposition of cases

Objectives:
a. To protect and advance the constitutional right of the people to a balanced and
healthful ecology
b. To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights
c. To introduce and adopt innovations and best practices ensuring effective enforcement
of remedies and redress for violation of environmental laws
d. To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases

Salient features:
- Threshold on locus standi has been liberalized.
- Citizen suits are encouraged but safeguarded against nuisance suits (SLAPP).
- Suits are subject of mediation
- Disallowing the filing of certain delay-prone pleadings
- Prohibiting the issuance of TROs against govt agencies action to enforce environmental
laws or prevent violations thereof
- Referral of scientific and technical issues to a panel of exports
- Proscribing stay of judgments by appeal
- Writ of Kalikasan
- ^ Authorizes the court, where the violation results in destruction, to direct the respondent
to immediately desist from undertaking activities complaint of and take positive steps to
preserve, restore the environment.
- Provide for discovery measures, like inspection order and production order, and
submission of memoranda in the form of draft decision.
 - Writ of continuing mandamus is harnessed to monitor compliance with court judgments.

More features:

- Contain a provision on citizen’s arrest

- Seizure of the items, tools and conveyances used in the offense
- Custody (preservation) and disposition thereof

Takeway:
- The Supreme Court has fulfilled ts constitutional duty to promulgate rules concerning the
protection and enforcement of constitutional rights;
- The right of the people to a balanced and healthful ecology, and providing a simplified
and inexpesive procedure for the speedy disposition of environmental cases.

Oposa v Factoran
- Cleaning and rehabilitation of Manila Bay and preserving its water quality to the ideal
level can be compelled by mandamus
- SC important dispenser of environmental justice.