Law and Ecology Vol.2 International

DRAFT: PLEASE DO NOT CITE OR DISTRIBUTE.
Draft: 11 January 2013

Philippine Law and Ecology
Volume Two – International Law and Rules of Procedure
Antonio G.M.La Viña, JSD
PHILIPPINE LAW AND ECOLOGY
Volume II:
International Law and Rules of Procedure
Antonio G.M. La Viña

DRAFT: PLEASE DO NOT CITE OR DISTRIBUTE. Draft: 11 January 2013
Author’s Profile
Dean Antonio G. M. La Viña is a lawyer, thinker and teacher. He is a social entrepreneur, and a human
rights and environmental advocate. He is currently Dean of the Ateneo School of Government, having
taken this position in 2006 when he returned to the Philippines after an eight-year stint in a Washington,
D.C. environmental think tank, the World Resources Institute (WRI). From 1996-1998, he was the
Undersecretary for Environment and Natural Resources of the Philippines. He is cofounder of the Legal
Rights and Natural Resources Center—Friends of the Earth Philippines.
Dean Tony is an authority, and has published dozens of books, papers and articles, on a range of
subjects in law and governance, including in environmental law, constitutional law, climate change,
indigenous peoples rights, biodiversity and biotechnology, sustainable agriculture, trade and environment,
mining, public ethics, leadership, local governance, social accountability and social entrepreneurship.
Dean Tony obtained his Masters (LLM) and Doctorate in Law (JSD) from Yale Law School, and his first
degrees from the University of the Philippines (in law) and the Ateneo de Manila University (in
philosophy). He placed third in the 1989 bar examinations. Aside from teaching at the Schools of
Government and Law of Ateneo de Manila, he also teaches courses in the Environmental Science,
Political Science and Philosophy Departments in the same university. He is also a professorial lecturer at
the University of the Philippines College of Law, the De La Salle College of Law, and the Philippine
Judicial Academy.
i
Acknowledgments
This book would not have been possible if my family—my wife Titay and my children Eman, Rico and
Rafa—did not allow me to do my environmental work, which required me to live the life of a homo viator,
travelling all over the country and the world to protect nature and serve communities.
I am of course indebted to Deans Marvic Leonen and Danilo Concepcion for their support. Without the
U.P. Law Centennial Textbook Writing Project, I probably would not have embarked on writing this
textbook at this time.
Likewise, this book would not have been written without the assistance of my students from the U.P.
College of Law and the Ateneo School of Law. In particular, specific sections of both volumes were written
with the research assistance of Danielle Navarro, Marianne Sibulo, Carlo Marcaida, Jian Boller, Carl
Edison Balagtas, Natasha Cayco, Cristina Mundin, Blesscille Guerra, Yasmin Sanchez, and Joyce Ann
Wong.
The Eagle Eyes columns reproduced in Volume One were a product of collaboration with Christian
Laluna. Likewise, the text on the Environmental Rule of Procedure in this volume benefited from the work
Josef Leroi Garcia and I did in drafting the sections on environmental law for the Benchbook.
I am grateful to Elirozz Carlie Labaria, Margarita Roxas and Arvin Jo for their assistance in the editing of
this book, and to Cecilia Therese Guiao, Alaya de Leon and Edgar Bonto for their editing and research
assistance. I also thank Professors Eduardo Labitag and Myrna Feliciano, who were kind enough to
review drafts and gave valuable comments, as well as Mario dela Cruz and Aristotle Roxas for preparing
the book for publication.
Above all, I thank my long-time intellectual partner and friend James Kho, who was indispensable in this
effort to memorialize a lifetime of environmental advocacy and lawyering into analysis and text.
Finally, I thank all my students in all my environmental law classes, as well as my colleagues in the
environmental law community (particularly those who worked/work with me or whom I mentored/mentor in
the Legal Rights and Natural Resources Center, the Department of Environment and Natural Resources
and the Ateneo School of Government), for teaching me everything I know about law and ecology. It is to
them, as well as to my future students and colleagues, that I dedicate this work.
ii
Preface
Astrology, while myth rather than science, was nonetheless based on observations of the world by
philosophers and alchemists of antiquity. One of their observations was that it is possible for our world to
be broken down into component elements, or the classical elements. In classical Western philosophies
and astrology, these elements are: Fire, Earth, Air, and Water. Chinese thought, on the other hand, held
the elements to be Wood, Fire, Earth, Metal, and Water (wu xing).
People then believed that our material world, its natural phenomena, dynamic interaction, and even the
inherent or fundamental “powers” of anything and anyone are constructed out of the interaction of the
classical elements. The wu xing, for example, held that wood, fire, earth, metal, and water generated
each other in turn, while they could also interact by “overcoming”—water dousing fire, for example. In
Western astrology, each element imparts its qualities to its associated zodiac sign (e.g., Aries is a Fire
sign), and also had constructive and destructive relationships with other elements. The classical Greek
concept of the humors (fluids) of the body also associated each fluid with the elements. To master one’s
knowledge and command of these elements, they believed back then, was to find the key to health,
wealth, harmony, and happiness.
Of course, modern science has overtaken the classical worldviews, both East and West, leaving the old
ways to personal belief (not that it has stopped adherents from believing otherwise). Health, wealth,
harmony, and happiness are more the province of medicine, economics, politics, psychology, and ethics
today than they are of astrology and Feng Shui – and with good reason. Still, there is some wisdom in the
old ways that the modern world should understand, for the sake of our environment. It is not in their
scientific value, which is obviously lacking, but the way the classical Greeks, Chinese, and others have
viewed the world, compared to modern-day humanity. The people of antiquity saw the world in terms of
the balance of its constituent elements, and sought to maintain it. Today, that balance in our world and in
our environment is sorely lacking.
The world celebrates Earth Day and Earth Hour regularly, global rituals to remind us of the importance of
caring for our environment. Beyond the ritual of turning off our lights off for one hour, though, is the need
for a sustainable effort for the world, including the Philippines, to properly manage its natural resources
and its ecology. Environmental degradation threatens our country through loss of forest cover and fertile
agricultural lands, depleted fish stocks, contaminated water supplies and breathing air, increased
vulnerability to natural disasters, and energy insecurity, leading to catastrophic economic and social
dislocations. It is not an exaggeration to say that our people will lose income, livelihood, health, and
sustenance because of a failure of environmental management. Every country, rich or poor, is vulnerable
to calamity (as Japan’s recent sufferings have shown), though poverty and poor governance exacerbate
the situation.
The philosopher Martin Heidegger explained the difference between how man viewed nature then, almost
with a view towards art and philosophy; and how we view nature—or natural resources—now, as
instrumental, exploitable, and often without consideration for sustainability or ecological preservation. We
do not need to fear nature, as though it were a vengeful force, and neither can we continue to view
Mother Earth in purely utilitarian terms. We need to combine the old and new ways of looking at the
environment, learning to understand and respect nature. We need to, as the astrologer might suggest,
understand the balance of the elements of nature, and master this balance, as the key to the health,
wealth, harmony, and happiness of families, communities, and nations alike.
This is not just a philosophical exercise. At the family level, we need to acquire habits of ecological
respect when it comes to things like waste management and recycling, or water and energy conservation.
We must find ways to harness communities as environmental managers in their own right, protecting
vulnerable natural resources like our dwindling forests. At the national level, we must engage in
innovation and reform to provide a bureaucratic infrastructure that can successfully manage all aspects of
environmental and natural resource management, protection, and utilization.
iii
The ancient world has passed to superstition and myth, yet some of their mindsets remain relevant even
up to today. Celebrating Earth Day is not just about a yearly ritual or environmentally-sensitive habits, but
about understanding what it means to live with our environment, and not just off of it. It should mean
recovering this appreciation for the earth, and all therein, that the philosophers of old had, even while we
use the environment to better our lives. I hope, through this set of books, we come to know what it means
to be a better manager of the ecological balance, to understand what it means to master the balance of
Creation’s elements.
Rainier Maria Rilke, the great German poet, says it very well: "Everything is far and long gone by. I think
that the star glittering above me has been dead for a million years. I would like to step out of my heart and
go walking beneath the enormous sky. I would like to pray. And surely of all the stars that perished long
ago, one still exists. I think that I know which one it is." It is my hope, that because we cared and took
action, centuries from now, our descendants too would come out and walk beneath the sky and say: our
planet still exists.
Approach
For the law practitioner, policymaker, student, stakeholder or general public, keeping up with the changes
in the legal framework is a challenge, given the number of sources, frequency of changes and
accessibility of the materials. It is an even more difficult challenge to understand and apply the various
instruments separately or together to address a particular environmental problem or case.
In 1991, this author published Law and Ecology: a compilation of Philippine laws and international
documents pertaining to ecology,1 to help law practitioners and students navigate through this relatively
new field. There have been several textbooks published since then, combining learned commentaries
with compilations of laws and regulations. In 2003, Prof. Atty. Antonio A. Oposa, Jr. published A Legal
Arsenal for the Philippine Environment, which has served as the ‘weapon’ of choice of advocates in the
battle to protect the environment. The Philippine Judicial Academy has also supported a number of
compilations of laws and cases together with partners, including the Haribon Foundation.
There are two major challenges to writing an environmental law textbook in the Philippines: First, to keep
it up to date with the almost daily changes in new national and local legal instruments; and second, to
present the materials in an interesting and realistic manner that captures the interplay of the laws as they
apply to particular cases. Because of the first challenge, no textbook can be complete in recording every
legal instrument. The second challenge also necessarily limits the focus of discussions to particular
problems, which call for the application of select provisions of the relevant laws and cases.
The approach to this textbook in Volume One is to present the general legal framework for addressing
environmental problems, followed by independent modules (Chapters Four to Twelve), that deal with
specific real world environmental issues. The reader is invited to analyze, interpret and apply these legal
framework to the problems presented. It is the interplay of these laws and decisions that is critical to
learning, more than a detailed discussion of each law separately in its entirety.
Volume Two is composed of two parts: the application of international law, and the application of the new
Rules of Procedure for Environmental Cases. In the past quarter century, Philippine environmental law
and policy has closely followed developments in international law dealing with environmental issues.
Many of the country’s environmental laws were passed in direct response to or in compliance with the
country’s commitments under international agreements or cooperation. Even the Rules of Procedure on
Environmental Cases promulgated by the Supreme Court in 2010 had partly been a result of the Court’s
exposure to developments in environmental justice in other countries and under international law.
This textbook is designed as a law school textbook to guide classroom discussion, but it can also be
useful for law practitioners, policymakers and the general public. The two-volume approach gives the
1
Law and Ecology: A Compilation of Philippine Laws and International Documents Pertaining to Ecology, in Legal
Rights and Natural Resources Center (Antonio G.M. La Viña, ed., 1991).
iv
option to teach the second volume as separate special topics on international environmental law and on
the new Rules of Procedure for Environmental Cases, or as an advanced environmental law course.
Volume One can be expanded in future updates with additional ‘modules’ tackling new environmental
problems or issues.
v
Volume Two:
International Law and Rules of Procedure
vi
Table of Contents
Preface
Author’s Profile
Acknowledgments
PART I: International Environmental Law and Domestic Application 8

Chapter One – Climate Change 10
Chapter Two – Biodiversity and Wildlife Conservation 27
Chapter Three – Hazardous Wastes 46
Chapter Four – Marine Resource Conservation 56
Chapter Five – Sustainable Development 63
Chapter Six – Regional Agreements 76
PART II: Application of the Rules of Procedure of Environmental Cases

Chapter Seven – Scope of the Rules
Chapter Eight – Civil Procedure
Chapter Nine – Special Civil Actions
Chapter Ten – Criminal Procedure
Chapter Eleven – Evidence
ANNEXES
Copenhagen
Cancun
Durban
vii
8
Part 1: International Environmental Law and Domestic Application
9
Background
International Environmental Law (IEL) is comprised of substantive, procedural, and institutional rules of
international law, which have as their primary objective the protection of the environment. 2 These include
international standards, customary laws, and general principles of law on various fields and disciplines
related to environmental conservation and management. The increased sophistication in appreciating the
risks posed by human activity to the environment has resulted in concerted efforts by both governments
and civil society to place greater emphasis on the development of environmental laws and policies. 3
The growth in the number of IELs from the middle of the twentieth century, coinciding with the formation of
the United Nations (UN) and other modern multilateral institutions, directly stemmed from a demand for
these international bodies as a reaction to the effects of the scale of human activity causing
environmental degradation. These necessitated attention to “transnational externalities,” or such
environmental impacts that were no longer limited to State boundaries and must be addressed at the
global level.4
International agreements to which the Philippines is a party are part of the law of the land. 5 They are thus
subject to implementation with the same force and effect as domestic laws, and the Philippines is bound
to perform the obligations imposed by these treaties. 6 In the arena of the environment alone, former Chief
Justice Reynato Puno had said that the Philippines is a part of “over 170 environmental treaties in
existence.”7
This volume will discuss six areas of IEL that have particular importance to the Philippines in terms of the
environmental impacts they address, the country’s commitments under these agreements, if applicable,
and the moral or ethical obligations that the Philippines observes, whether informally or formally through
domestic implementing legislation. These areas include: climate change, biodiversity and wildlife
conservation, hazardous wastes, marine resources conservation, sustainable development and regional
agreements. The discussion will include a brief background on the entry into force of each declaration or
agreement, the date of Philippine ratification, the basic principles and objectives of each, convention
bodies created, and Philippine implementation or application. Where available, relevant jurisprudence will
also be identified to demonstrate how these instruments have been operationalized in the Philippines or
elsewhere.
2
Philippe Sand, Principles of International Environmental Law (2003).
3
Ian Brownlie, Principles of International law (1998).
4
Scott Barrett, Environment and Statecraft: The Strategy of Environmental Treaty-Making (2006).
5
M. Magallona and B.S. Malayang III, Environmental Governance in the Philippines, in Environmental Governance in
Southeast Asia (2001).
6
(Doyle, et. al. 2007)
7
Reynato Puno, Environmental Justice: Establishing A Judicious Judicial Framework, in Supreme Court (2009),
http://sc.judiciary.gov.ph/speech/04-16-09-speech.pdf.
10
Chapter One
Climate Change
1.1. United Nations Framework Convention on Climate Change
In 1992, the United Nations Conference on Development and Environment (UNCED) assembled at Rio
de Janeiro and 154 nations signed an agreement to address climate change, now known as the United
Nation Framework Convention on Climate Change (UNFCCC). 8 The UNFCCC entered into force on
March 21, 1994.9 Currently, there are 195 Parties to the Convention, which includes the Philippines, that
ratified the UNFCCC on August 2, 1994.10
Objectives
According to Article 2 of the Convention, its ultimate objective is “to achieve, in accordance with the
relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic [originating in human activity] interference with the
climate system.” This objective is qualified in that it “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.” 11
The UNFCCC lays down the principles that guide the formation of the protocols, decisions and rules to be
adopted by the Conference of the Parties (COP). 12 Among the principles provided in Article 3 of the
Convention are (a) inter-generational equity, (b) the precautionary approach, and (c) common but
differentiated responsibilities.13
Article 3.1 stresses the principles of equity and of common but differentiated
responsibilities. The latter principle was also formulated in 1992 as Principle 7 of the Rio
Declaration.
Article 3.2 addresses the different degrees to which Parties will be affected by climate
change and by measures to implement the Convention. It calls for “full consideration of
specific needs and special circumstances of developing country Parties, especially those
that are particularly vulnerable to the adverse effects of climate change, and of those
Parties, especially developing country Parties, that would have to bear a disproportionate
or abnormal burden under the Convention.” This is in line with Principle 6 of the Rio
Declaration.
Article 3.3 refers to the precautionary principle, which is widely reflected in environmental
law and environmental agreements: “Where there are threats of serious or irreversible
8
United Nations Framework Convention on Climate Change, Uniting on Climate: A Guide to the Climate Change
Convention and the Protocol (2007).
9
United Nations Framework Convention on Climate Change, May 9, 1992, 1771 U.N.T.S 107 [hereinafter UNFCCC].
See http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php.
The Philippines signed the UNFCCC on 12 June 1992, ratified on 2 August 1994, and it entered into force on 31
10
October 1994. See http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php

11
United Nations Framework Convention on Climate Change, Handbook 21 (2006), available at:
http://unfccc.int/resource/docs/publications/handbook.pdf.
12
United Nations Framework Convention on Climate Change, Article 7, in The Convention (1992).
13
Legal Developments in the Carbon Market, in Certified Emission Reductions Sale and Purchase Agreement
(CERSA Legal Paper Apr. 21, 2009), http://www.cerspa.com/documents/legalpaper.pdf.
11
damage, lack of full scientific certainty should not be used as a reason for postponing
such measures” – a statement which closely mirrors the wording of Principle 15 of the
Rio Declaration.
Article 3.4 lays down the right, and obligation, to promote sustainable development. This
is in line with Principle 3 of the Rio Declaration. It specifies that policies and measures to
protect the climate system “should be appropriate for the specific conditions of each Party
and should be integrated with national development programmes, taking into account that
economic development is essential for adopting measures to address climate change.”
Article 3.5 upholds the principle of free trade, calling on the Parties to promote a
“supportive and open international economic system that would lead to sustainable
economic growth and sustainable development in all Parties, particularly developing
country Parties, thus enabling them better to address the problems of climate change.”
Article 3.5 also calls on Parties to avoid measures that “constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on international trade.” This Article is
closely related to Principle 12 of the Rio Declaration.14
Obligations
The UNFCCC sets forth general goals and principles for State-parties and lays down commitments for
developed countries to limit their carbon dioxide and other greenhouse gas emissions. The Convention
divides Parties into two main categories: those listed in its first annex, known as Annex I Parties, and
those not included, known as non-Annex I Parties.15
Annex I Parties, comprising the developed countries in the world, have specific commitments to mitigate
climate change as laid down in Article 4.2. According to Article 4.2(a), each Annex I Party “shall adopt
national policies and take corresponding measures on the mitigation of climate change, by limiting its
anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks
and reservoirs.” The article further states that “the return by the end of the present decade [i.e. the 1990s]
to earlier levels” of anthropogenic GHG emissions would contribute to modifying longer-term trends in
these emissions consistent with the objective of the Convention. In addition, Article 4.2(b) stipulates that
Annex I Parties “shall communicate detailed information” on their policies and measures that aim to return
their GHG emissions individually or jointly to their 1990 levels.
Non-Annex I Parties, which are mostly developing countries, are given special consideration under the
Convention because of their limited capacity to respond to climate change and adapt to its adverse
effects. The Philippines is a Non-Annex I Party. The differentiation of responsibilities under the
Convention is expressed in Article 4.7, which states that the extent to which developing country Parties
will effectively implement their commitments “will depend on the effective implementation by developed
country Parties of their commitments under the Convention related to financial resources and transfer of
technology and will take fully into account that economic and social development and poverty eradication
are the first and overriding priorities of the developing country Parties.”
According to the guidelines for the preparation of national communications from non-Annex I Parties
adopted at COP 8 (Decision 17/CP.8 and Annex; Chapter 18), each Party is to provide the COP with a
general description of steps taken or envisaged towards “formulating, implementing, publishing and
regularly updating national and, where appropriate, regional programmes containing measures to mitigate
climate change.”16 More specifically, “based on national circumstances, non-Annex I Parties are
encouraged to provide, to the extent their capacities allow, information on programmes and measures
14
United Nations Framework Convention on Climate Change, Handbook (2006), available at:
http://unfccc.int/resource/docs/publications/handbook.pdf.
15
Id.
16
Id.
12
implemented or planned which contribute to mitigating climate change... including, as appropriate,
relevant information by key sectors on methodologies, scenarios, results, measures and institutional
arrangements.” This recognition of the “historic” obligations of developed country Parties in determining
those of developing country Parties, with the same goal of reducing carbon dioxide and GHG emissions,
is commonly referred to as “common but differentiated responsibilities” or CBDR.
Convention Bodies Created
The Conference of Parties (COP), composed of all the State-parties to the UNFCCC, is the highest
decision-making body under the Convention. The climate change process revolves around the annual
sessions of the COP, which bring together all Parties to the Convention. Article 7.2 defines the COP as
the “supreme body” of the Convention, as it is its highest decision-making authority. According to Article
7.2, the COP is responsible for reviewing the implementation of the Convention and any related legal
instruments, and has to make the decisions necessary to promote the effective implementation of the
Convention.
The Convention establishes two permanent subsidiary bodies (SBs), namely the Subsidiary Body for
Scientific and Technological Advice or SBSTA under Article 9, and the Subsidiary Body for Implementation
or SBI in Article 10. These bodies advise the COP. In accordance with Articles 9.1 and 10.1, they are both
multidisciplinary bodies open to participation by any Party, and governments send representatives with
relevant expertise to attend meetings of the two SBs.
Other bodies established by the COP, in accordance with Article 7.2(i) of the Convention, include
committees, working groups, and expert bodies. Finally, the secretariat, also known as the Climate
Change Secretariat, services the COP, the SBs, the Bureau and other bodies established by the COP.
1.2. Kyoto Protocol
In 1997, the Protocol to the UNFCCC was adopted at the third session of the Conference of the Parties
(COP 3) in Kyoto, Japan, and came to be known as the Kyoto Protocol. 17 The Kyoto Protocol is an
international agreement linked to the UNFCCC, entered into force on 16 February 2005. Currently, there
are 192 Parties to the Protocol, including the Philippines, which signed it on April 15, 1998 and ratified it
on November 20, 2003.18
Objectives
The main objective of the Kyoto climate change conference was to establish a legally binding international
agreement, whereby all the participating nations would commit themselves to tackling the issue of global
warming and greenhouse gas emissions.19 As an international agreement linked to the UNFCCC, the
Kyoto Protocol has the same objective as the Framework, which is the “stabilization of atmospheric
concentrations of greenhouse gases at a level that would prevent dangerous anthropogenic interference
with the climate system.”20
The five principal concepts established by the Kyoto Protocol are:
1. Commitments. The heart of the Protocol lies in establishing commitments for the
reduction of greenhouse gases that are legally binding for Annex I countries, as well
as general commitments for all member countries.
Kyoto Protocol to the United Nations Framework Convention on Climate Change, Dec. 11, 1997, U.N. Doc.
17
FCCC/CP/1997/7/Add.1 [hereinafter Kyoto Protocol].

The Philippines signed the Kyoto Protocol on 15 April 1998, ratified it on 20 November 2003 and entered into force
18
on 16 February 2005. http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php

19
See http://www.un.org/millennium/law/xxvii-23.htm.
20
UNFCCC, art. 3.
13
2. Implementation. In order to meet the objectives of the Protocol, Annex I countries are
required to prepare policies and measures for the reduction of greenhouse gases in
their respective countries. In addition, they are required to increase the absorption of
these gases and utilize all mechanisms available, such as joint implementation, the
clean development mechanism and emissions trading, in order to be rewarded with
credits that would allow more greenhouse gas emissions at home.
3. Minimizing Impacts on Developing Countries by establishing an adaptation fund for
climate change.
4. Accounting, Reporting and Review in order to ensure the integrity of the Protocol.
5. Compliance. Establishing a Compliance Committee to enforce compliance with the
commitments under the Protocol.21
Obligations
The Kyoto Protocol sets binding targets for 37 industrialized countries and the European community for
reducing greenhouse gas emissions, to the amount of at least five per cent (5%) against 1990 levels over
the five-year commitment period of 2008-2012. 22 Each Contracting Party from developed countries is
required to have made demonstrable progress in implementing its emission reduction commitments by
2005.23 The targets cover the six main greenhouse gases, namely, carbon dioxide (CO2), methane (CH4),
nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride
(SF6), along with some activities in the land-use change and forestry sector that remove carbon dioxide
from the atmosphere (called carbon "sinks").24
The Kyoto Protocol obligates Annex I State-parties, individually or jointly, to ensure that their aggregate
anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A of the
Protocol do not exceed their assigned amounts, with the end goal of reducing their overall emissions by at
least 5 per cent below their 1990 levels, the commitment period being from 2008 to 2012. 25 Furthermore,
the Protocol allows developing countries to participate in climate change mitigation through three market-
based mechanisms, creating what is now called the “carbon market.” 26 These innovative mechanisms are
(1) joint implementation (JI),27 (2) emissions trading,28 and (3) the clean development mechanism
(CDM).29
21
See http://www.onep.go.th/CDM/en/unf_kyoto_goal.html.
22
Kyoto Protocol, Article 3 (1).
23
Id. at art. 3(2).
24
Id. at Annex A.
25
Id. at art. 3(1).
26
The Mechanisms under Kyoto Protocol are Emissions Trading, the Clean Development Mechanism, and Joint
Implementation, available at http://unfccc.int/kyoto_protocol/mechanisms/items/1673.php (last accessed Feb. 15,
2010).
27
Kyoto Protocol, art. 6(1). For the purpose of meeting its commitments under Article 3, any Party included in Annex I
may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at
reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in
any sector of the economy.
28
Kyoto Protocol, art. 17. The Conference of the Parties shall define the relevant principles, modalities, rules and
guidelines, in particular for verification, reporting and accountability for emissions trading. The Parties included in
Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3. Any such
trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and
reduction commitments under that Article.
29
Kyoto Procol, art. 12.3. Under the clean development mechanism:
(a) Parties not included in Annex I will benefit from project activities resulting in certified emission reductions; and
14
The differential treatment of developing and developed countries is clearly emphasized in the Protocol,
which recognizes and takes into account the State-parties’ common but differentiated responsibilities and
their specific national and regional development priorities, objectives, and circumstances. 30
The Conference of the Parties (COP) serves as the meeting of the Parties to the Kyoto Protocol, which is
referred to as the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol
(CMP). The CMP meets annually during the same period as the COP and has similar functions as the
COP. Parties to the Convention that are not Parties to the Protocol are able to participate in the CMP as
observers, but without the right to make decisions.31
The Subsidiary Body for Scientific and Technological Advice (SBSTA) and the Subsidiary Body for
Implementation (SBI), the two permanent subsidiary bodies established under the UNFCCC, also serve
the CMP. The Bureau of the COP also serves the CMP; however, any member of the COP Bureau
representing a non-Party to the Kyoto Protocol has to be replaced by a member representing a Kyoto
Protocol Party.
There are three (3) constituted bodies under the Kyoto Protocol. First, the Clean Development
Mechanism (CDM) Executive Board supervises the CDM under the Kyoto Protocol and prepares
decisions for the CMP. It undertakes a variety of tasks relating to the day-to-day operation of the CDM,
including the accreditation of operational entities. Second, the Joint Implementation Supervisory
Committee (JISC), under the authority and guidance of the CMP, inter alia, supervises the verification of
emission reduction units (ERUs) generated by JI projects following the verification procedure under the
JISC. Third, the Compliance Committee is made up of two branches: a Facilitative Branch and an
Enforcement Branch.
The commitments set forth in the Kyoto Protocol expired on the 31 st of December 2012. In December
2012, a Climate Change Conference was held in Doha, Qatar to further discuss the post-2012 plans for
climate change mitigation. The conference included the 18th Conference of the Parties (COP 15) to the
UNFCCC and the 8th Meeting of the Parties (COP/MOP 8) to the Kyoto Protocol.
Implementing Legislation32
Climate Change Act

(RA 9729)
On October 23, 2009, the Philippines officially passed its first climate change law, Republic Act No.
9729,33 also known as the “Climate Change Act of 2009.” The Climate Change Act recognizes the right of
the people to a healthful ecology and adopts policies on sustainable development, climate justice, and the
precautionary principle.34 Section 2 of the Act outlines government policy and action to reduce the
(b) Parties included in Annex I may use the certified emission reductions accruing from such project activities to
contribute to compliance with part of their quantified emission limitation and reduction commitments under Article 3,
as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
30
Kyoto Protocol, art. 10.
31
Kyoto Protocol Bodies, in UNFCCC Website,
http://unfccc.int/kyoto_protocol/kyoto_protocol_bodies/items/2772.php.
32
Laws dealing with climate change are also discussed in Chapter 11 of Volume 1.
An Act Mainstreaming Climate Change into Government Policy Formulations, Establishing the Framework Strategy
33
and Program on Climate Change, Creating for this Purpose the Climate Change Commission, and for Other
Purposes [Climate Change Act of 2009], Republic Act No. 9729 (2009).
34
Id. at § 2.
15
impacts of climate change.
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 decision-making 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 […] 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 […] 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.[…] 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. 35
The Act not only sets a framework for government policy, but also establishes a Climate Change
Commission to act as a policy making body to monitor and coordinate government programs and actions
relating to climate change.36 The Commission is an independent body with the status of a national
government agency, attached to the Office of the President. It is tasked “to coordinate, monitor and
evaluate the programs and action plans of the government relating to climate change pursuant to the
provisions of this Act.”37 The Commission shall be composed of the President as the Chairperson and
three (3) appointed Commissioners, and shall be aided by an advisory board.
People’s Survival Fund

(RA 10174)
On the 16th of August 2012, President Benigno Aquino III signed the People’s Survival Fund (PSF) Law
into law, effectively amending certain provisions of the Climate Change Act of 2009 to incorporate, most
notably, a “special fund in the National Treasury for the financing of adaptation programs and projects
based on the National Strategic Framework”38 It defines climate finance as “resources that have been
allocated or may be utilized towards the climate change adaptation and mitigation requirements of the
country and its vulnerable communities,” 39 and allocates one billion pesos under the General
Appropriations Act as the opening balance of the PSF.
35
Id. at § 2.
36
Id. at § 4. See § 9 for Powers and Functions of the Commission.
37
Id. at §. 4.
38
Republic Act 9729, §18 (Phil.), as amended by Republic Act 10174.
39
16
SEC. 19. Sources of the Fund. – The amount of One billion pesos (P1,000,000,000.00)
shall be appropriated under the General Appropriations Act (GAA) as opening balance of
the PSF. Thereafter, the balance of the PSF from all sources including the amount
appropriated in the GAA for the current year shall not be less than One billion pesos
(P1,000,000,000.00): Provided, That the balance of the PSF may be increased as the
need arises, subject to review and evaluation by the Office of the President and the
Department of Budget and Management (DBM) of the accomplishments of the
Commission and other concerned LGUs: Provided, further, That the PSF shall not be
used to fund personal services and other operational expenses of the
Commission: Provided, furthermore, That the 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: Provided, finally, That the Commission shall submit to Congress and the DBM a
semi-annual physical/narrative and financial report on the utilization of the PSF. 40
The PSF may be augmented by donations, endowments, grants and contributions, which
shall be exempt from donor’s tax and be considered as allowable deductions from the
gross income of the donor, in accordance with the provisions of the National Internal
Revenue Code of 1997, as amended.
SEC. 20. Uses of the Fund. – The fund shall he used to support adaptation activities of
local governments and communities such as, but not limited to, the following:
(a) Adaptation activities, where sufficient information is available to warrant such

activities, in the areas of water resources management, land management, agriculture
and fisheries, health, infrastructure development, natural ecosystems including
mountainous and coastal ecosystems;
(b) Improvement of the monitoring of vector-borne diseases triggered by climate change,
and in this context improving disease control and prevention;
(c) Forecasting and early warning systems as part of preparedness for climate-related
hazards;
(d) Supporting institutional development, for local governments, in partnership with local
communities and civil society groups, for preventive measures, planning, preparedness
and management of impacts relating to climate change, including contingency planning,
in particular, for droughts and floods in areas prone to extreme climate events;
(e) Strengthening existing; and where needed, establish regional centers and information
networks to support climate change adaptation initiatives and projects;
(f) Serving as a guarantee for risk insurance needs for farmers, agricultural workers and
other stakeholders; and
(g) Community adaptation support programs by local organizations accredited by the
Commission.
The fund shall be suppletory to any annual appropriations allocated by relevant

government agencies for climate change-related programs and projects and by LQUs.
The fund shall encourage counterpart funding arrangements among local governments,
community organizations, the private sector, and other entities. 41
The People’s Survival Fund Board, or PSF Board, was also established by this Act, and lodged under the
Climate Change Commission.42
National Climate Change Action Plan
40
41
42
17
In accordance with Section 13 of the Climate Change Act, the Climate Change Commission
(Commission) is mandated to formulate the National Climate Change Action Plan (NCCAP), within one
year from its approval.43 On November 22, 2011, President Aquino signed Resolution No. 2 of the
Climate Change Commission approving the NCCAP.44
The NCCAP outlines the Philippine agenda for adaptation and mitigation for 2011 to 2028, to address the
impacts of global warming in the country. Consistent with the UNFCCC, the ultimate goal is “to build the
adaptive capacities of women and men in their communities, increase the resilience of vulnerable sectors
and natural ecosystems to climate change, and optimize mitigation opportunities towards gender-
responsive and rights-based sustainable development.”45
Within the two long-term objectives of adaptation and mitigation, NCCAP shall pursue (7) seven strategic
priorities with the following immediate outcomes and outputs:
Food Security – to ensure availability, stability, accessibility, and affordability of safe and
healthy food amidst climate change.46
 Enhanced CC resilience of agriculture and fisheries production and distribution systems;
 Enhanced resilience of agricultural and fishing communities from climate change.
Water sufficiency – to assess the resilience of major water resources and infrastructures,
manage supply and demand, manage water quality, and promote conservation. 47
2.1. Water governance towards an integrated water resources management approach to
climate change adaptation restructured
o Enabling policy for IWRM created
o CC adaptation and vulnerability reduction measures implemented
2.2. Sustainability of water supplies and equitable access to safe and affordable water
ensured
o Water supply and demand of managed water systems analyzed
o Water quality of surface water and groundwater improved
o Equitable access to sustainable water supply improved
2.3. Knowledge and capacity on water sector adaptation enhanced
o Capacity for IWRM and water sector adaptation planning enhanced
Ecosystem and Environmental Stability – focused on achieving one immediate outcome: the
R.A. No. 9729, § 13 (Phil.); National Climate Change Action Plan. – The Commission shall formulate a National
43
Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to, the following components:
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate
change, variability and extremes;
(c) The identification of differential impacts of climate change on men, women and children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate adaptation measures for joint projects of national and
local governments.
Office of the President of the Philippines, Memorandum from the Executive Secretary, Resolution Approving the
44
NCCAP, 23 November 2011 (attached Climate Change Commission Resolution No. 2).
45
Climate Change Commission, National Climate Change Action Plan Executive Summary (2011), available at:
http://climate.gov.ph/index.php/nccap-executive-summary.
46
Climate Change Commission, National Climate Change Action Plan Technical Document 6 (2011).
47
Id. at 10.
18
protection and rehabilitation of critical ecosystems, and the restoration of ecological
services.48
 CC mitigation and adaptation strategies for key ecosystems developed and
implemented;
 Management and conservation of protected areas and key biodiversity areas improved;
 Environmental laws strictly implemented;
 Capacity for integrated ecosystem-based management approach in protected areas and
key biodiversity areas enhanced;
 Natural resource accounting institutionalized
Human Security – defined as the state where the rights of the Filipino family and individuals,
especially the poor and vulnerable, are protected and promoted through access to
education, health, housing, and social protection, while ensuring environmental
sustainability.49
 Climate change adaptation and disaster risk reduction practiced by communities and
sectors at all local levels. This entails that:
o CCA-DRRM integrated in local plans
o Knowledge and capacity for CCA-DRRM developed and enhanced
 Health and social protection delivery systems are responsive to climate change risks.
o Health personnel and communities capacity on CC health adaptation and risk
reduction developed
o Public health surveillance system developed and implemented in all provinces
o Health emergency response, preparedness and post-disaster management
implemented at the national and local level
 CC-adaptive human settlements and services developed, promoted and adopted
o Adaptive and secured settlement areas for vulnerable communities and climate
refugees
o Population congestion and exposure to CC risks reduced
Climate-smart Industries and Services - recognizes that green growth is a relevant approach
to sustainable economic growth for the country to reduce poverty, achieve social progress,
protect the environment and diminishing natural resources, and adapt and mitigate the
impacts of changing climates.50
 The first focus is in promoting climate-smart industry. The most common definition of
‘green industry’ is businesses and enterprises that provide products and/or services that
are aimed at utilizing resources more efficiently, providing renewable sources of energy,
lowering greenhouse gas emissions, or otherwise minimizing environmental impact.
Other definitions include businesses that help other businesses and individuals lower
their carbon emissions and avoid toxic chemicals. Green services, on the other hand,
may pertain to consumed and produced goods and rendered services for environmental
benefits. These types of services can be derived from the creation of environment-
friendly businesses and facilities, and the jobs thereby generated. Clearly, these
definitions put heavy emphasis on low-carbon strategies and mitigation efforts.
Strategically, the NCCAP uses the term “climate-smart” to emphasize the need for
“adaptive mitigation,” i.e., to use mitigation measures as integral part of adaptation and
to integrate adaptation and mitigation in core business policies and operations.
 The second focus of NCCAP is the creation of green jobs. The plan adheres to the
United Nations Environment Programs definition of green jobs as "work in agricultural,
manufacturing, research and development (R&D), administrative, and service activities
that contribute(s) substantially to preserving or restoring environmental quality.
48
Id. at 12-13.
49
Id. at 14-15
50
Id. at 17-18.
19
Specifically, but not exclusively, this includes jobs that help to protect ecosystems and
biodiversity; reduce energy, materials, and water consumption through high efficiency
strategies; de-carbonize the economy; and minimize or altogether avoid generation of
all forms of waste and pollution."51
 Thirdly, the NCCAP focuses on the development of sustainable cities and municipalities.
A sustainable city or town, or ecosystem town (eco-town), is a city/town designed with
consideration of (a) environmental impacts and protection of ecosystems, (b) efficient in
its use of land, energy, water and food (i.e., eco-efficient), (c) minimizing waste outputs,
and (d) creating sustainable jobs. The crux, therefore, of eco-towns is the creation of the
smallest possible ecological footprint, reduction of its overall contribution to climate
change, and building resilient communities and ecosystems.
Sustainable Energy – to respond to significant changes in demand due to fluctuations in

temperature and weather condition and ensure that energy systems are able to adapt to the
impacts of climate change.52
 Promotion of energy efficiency and conservation
 Expansion in the development of sustainable and renewable energy
 Promotion of environmentally sustainable transport
 Climate-proofing and rehabilitation of energy systems infrastructures
Knowledge and Capacity Development – Having enough knowledge on the science, issues,
and risks, as well as appropriate capacity to address the issue of climate change, are critical
components to building climate-resilient communities and ecosystems. The basic principle
during times of crises is “building back better” capacities so that communities are able to
recover faster from the crises.53
 To enhanced knowledge on the science of climate change;
 To enhance capacity for CC adaptation, mitigation and disaster risk reduction at the
local and community level; and
 To establish gendered CC knowledge management accessible to all sectors at the
national and local levels
Implementing Bodies
The Implementation of the NCCAP is led by the Climate Change Commission, which involves looking at
two very important aspects: national and local implementation mechanisms, and financing. The DENR
was designated the national authority on CDM (EO 320, s. 2004). Convergence planning among national
agencies is an important aspect in the implementation of the action plan since the strategic priorities are
defined along thematic outcomes rather than sectors; thus, would need sectoral agencies to plan and
work together.54
At the local level, implementation of the action plan will be packaged using the concept of ecologically
stable and economically resilient towns or eco-towns. An eco-town is a planning unit composed of
municipalities or a group of municipalities located within and in the boundaries of critical key biodiversity
areas (forest, coastal/marine and fishery, or watersheds), highly vulnerable to climate change risks due to
its geography, geographic location, and poverty situation. 55
NCCAP annual monitoring provides information that sets directions in setting priorities and budgets every
51
Green Jobs: Towards decent work in a sustainable, low-carbon world (September 2008), United Nations
Environmental Programme.
52
Climate Change Commission, National Climate Change Action Plan Technical Document 23 (2011).
53
Id. at 31.
54
Id. at 38
55
Id.
20
year. Meanwhile, evaluation is done every three years, and shall focus on efficiency, effectiveness, and
impacts.56
Clean Air Act

(RA 8749)
Republic Act No. 8749, also known as the “Clean Air Act of 1999,” 57 is a comprehensive air pollution
control act, which seeks to abate air pollution 58 through air quality management. The law mandates the
reduction of green house gases, 59 hazardous substances,60 Persistent Organic Pollutants (POPs),61 and
other air pollutants.62 Section 4 of the Act embodies the right of the people to breathe clean air, and
enumrates State-recognized environmental rights:
SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following

rights of citizens are hereby sought to be recognized and the State shall seek to
guarantee their enjoyment:
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources according to the principles of
sustainable development;
[c] The right to participate in the formulation, planning, implementation and monitoring
of environmental policies and programs and in the decision-making process;
[d] The right to participate in the decision-making process concerning development
policies, plans and programs projects or activities that may have adverse impact on the
environment and public health;
[e] The right to be informed of the nature and extent of the potential hazard of any
activity, undertaking or project and to be served timely notice of any significant rise in
the level of pollution and the accidental or deliberate release into the atmosphere of
harmful or hazardous substances;
[f] The right of access to public records, which a citizen may need to exercise his or her
rights effectively under this Act;
[g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in
56
Id. at 44.
57
An Act Providing for A Comprehensive Air Pollution Control Policy and for Other Purposes, [Philippine Clean Air Act
of 1999], Republic No. 8749, (1999). [hereinafter Clean Air Act].
58
Id. at § 5(b). (“Air pollution means any alteration of the physical, chemical and biological properties of the
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to
render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which
will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate
purposes”).
59
Id. at § 5 (i). (“Greenhouse gases means those gases that can potentially or can reasonably be expected to induce
global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like”).
60
Id. at § 5 (j). (“Hazardous substances means those substances which present either: (1) short-term acute hazards
such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or
the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result
in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the
potential to pollute underground or surface waters”).
61
Id. at § 5(s). (“Persistent Organic Pollutants (POPs) means the organic compounds that persist in the environment,
bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the
environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not
be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT,
hexachlorobenzene, lindane, toxaphere and chlordane.”).
62
Id. at § 5 (a). (“Air pollutant means any matter found in the atmosphere other than oxygen, nitrogen, water vapor,
carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the
environment, which includes, but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases,
fumes, chemical mists, steam and radioactive substances”).
21
violation of environmental laws and regulations, to compel the rehabilitation and
cleanup of affected area, and to seek the imposition of penal sanctions against
violators of environmental laws; and
[h] The right to bring action in court for compensation of personal damages resulting
from the adverse environmental and public health impact of a project or activity.
The rules and regulations of the Clean Air Act provide for the initial set of National Ambient Air Quality
Guidelines Values,63 which are necessary to protect public health and safety and general welfare. 64 It
recognizes “the primary role of local government units to deal with environmental problems” and that “the
responsibility of cleaning the habitat and environment is primarily area based”. 65
The Act and its IRR are implemented by the Environmental Management Bureau (EMB) of the
Department of Environment and Natural Resources (DENR), supported by an Inter-agency Committee
composed of DFA, DOE, DOST, DA, DPWH, DOTC, DTI-BOI, FMB of DENR, NEDA, PAGASA, and the
CCC.
Ecological Solid Waste Management Act

(RA 9003)
Republic Act No. 9003, also known as the “Ecological Solid Waste Management Act of 2000” 66 adopts a
systematic, comprehensive and ecological solid waste management 67 program which will ensure the
protection of the public health and environment. 68 It requires mandatory segregation and storage of solid
waste as stated in Sections 21 and 22 of the Act:
Sec. 21. Mandatory Segregation of Solid Wastes. - The LGUs shall evaluate alternative
roles for the public and private sectors in providing collection services, type of collection
system, or combination of systems, that best meet their needs: Provided, That
segregation of wastes shall primarily be conducted at the source, to include household,
institutional, industrial, commercial and agricultural sources: Provided, further; That
wastes shall be segregated into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government unit shall
promulgate regulations requiring the owner or person in charge of such premises to:
Id. at § 5 (c). (“Ambient air quality guideline values means the concentration of air over specified periods classified
63
as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or
public welfare. These values shall be used for air quality management purposes such as determining time trends,
evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive
action in preventing, controlling, or abating air pollution”)
64
Id. at § 12. See IRR. Rule VII. § 1.
65
Id. at § 2. See § 36. (“Role of Local Government Units.- Local Government Units (LGUs) shall share the
responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with §s
7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction;
Provided, however, That in case where the board has not been duly constituted and has not promulgated its
standards, the standards set forth in this Act shall apply. The Department shall provide the LGUs with technical
assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of
the air quality management and regulation within their territorial jurisdiction.“).
An Act Providing for an Ecological Solid Waste Management Program, Creating the Necessary Institutional
66
Mechanisms and Incentives, Declaring Certain Acts Prohibited and Providing Penalties, Appropriating Funds
Therefor, and for Other Purposes, [Ecological Solid Waste Management Act of 2000], Republic Act No. 9003 (2000).
67
Id. at § 4(ll). (“Solid waste management shall refer to the discipline associated with the control of generation,
storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with
the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental
considerations, and that is also responsive to public attitudes”).
68
Id. at § 2.
22
(a) provide for the residents a designated area and containers in which to
accumulate source separated recyclable materials to be collected by the municipality
or private center; and
(b) notify the occupants of each buildings of the requirements of this Act and the
regulations promulgated pursuant thereto.
Sec. 22. Requirements for the Segregation and Storage of Solid Waste. - The following
shall be the minimum standards and requirements for segregation and storage of solid
waste pending collection:
(a) There shall be a separate container for each type of waste from all sources:
Provided, That in the case of bulky waste, it will suffice that the same be collected
and placed in a separate designated area; and
(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as “compostable”, “non-recyclable”, “recyclable” or
“special waste”, or any other classification as may be determined by the
Commission.
Furthermore, the Act provides for a recycling program, composting and waste management facilities. 69
1.3 18th Conference of the Parties
Many expressed severe disappointment with the adopted texts from the 18 th Conference of the Parties,
which was held in Doha, Qatar, in 2012. Referred to as the “Doha Climate Gateway,” it was criticized for
being low in ambition, both with regard to greenhouse gas emission mitigation targets and to funding for
developing countries in accordance with previous commitments by developed country parties. A number
of parties to the original Kyoto Protocol, namely Russia, Japan and New Zealand, declined from taking
part in the second commitment period, and Canada withdrew from the Protocol altogether, leaving 35
parties to take on obligations for the second commitment period.
The parties taking on legally binding commitments for the second period limited themselves to a 18%
decrease below 1990 levels in greenhouse gas emissions by 2020, instead of the 25-40% rate identified
by the scientific community as necessary in order to prevent global temperatures from to a 2-degree
Celsius increase. The lack of funding to be provided to developing countries in order for them to be able
to take on climate change actions is another sign of the weakness of the Doha Climate Gateway.
However, despite the weakness of the products of COP18, a practical assessment of the texts in their
entirety and the events leading to their adoption provides a glimmer of hope, and strong ground upon
which developing countries like the Philippines can take a solid stand in future negotiations.
In the Kyoto Protocol, for instance, a provision on an “ambition mechanism” was integrated into the text,
which requires countries party to the second commitment period to revisit and increase their commitments
in accordance with the required 25-40% emission reduction goal. Also, developed countries were
prevented from being able to trade or use carry-overs from the previous commitment period, which would
decrease even further the actions they must take to lower their emissions.
With regard to finance, another welcome outcome for developing countries was an agreement to set up
an international mechanism in 2013 to address loss and damage caused by climate change on
developing countries. As long-term cooperative actions were concluded in the Doha sessions, climate
finance was prevented from being taken off the discussion table entirely, and provisions on equity,
unilateral trade measures, technology transfer and assessment, as well as intellectual property rights,
were included in the adopted Doha package.
Also included in the Doha Climate Gateway is a work plan for the new Ad Hoc Working Group on the
Durban Platform for Enhanced Action, or the ADP. The ADP is a subsidiary body under the United
69
Id. at art. 4-6.
23
Nations Framework Convention on Climate Change (or UNFCCC) that was established by a decision
from the 17th Conference of the Parties (or COP) in Durban, South Africa. The goal of the ADP is to come
up with a new legal instrument for under the UNFCCC by the year 2015, which is slated to take effect in
2020.
1.4 Ozone
While carbon dioxide produced by the burning of fossil fuels has been identified by many as the primary
cause of climate change, ozone is a greenhouse gas as well. As such, it must be addressed and
reduced. The international community, in fact, has addressed concerns about ozone since the late
1970’s.
Vienna Convention for the Protection of the Ozone Layer
The Vienna Convention for the Protection of the Ozone Layer was concluded in Vienna, Austria on 22
March 1985. The convention is aimed at addressing the adverse effects of human technology and
development to the “ozone layer” which is the “layer of atmospheric ozone above the planetary boundary
layer.”70 Currently, there are over 197 countries who are signatories to this Convention, including the
Philippines who ratified the Vienna Convention on July 17, 1991. 71
As early as 1977, the United Nations Environment Programme (UNEP) concluded a World Plan of Action
on the Ozone Layer, which called for intensive international research and monitoring of the ozone layer,
and in 1981, UNEP’s Governing Council authorized UNEP to draft a global framework convention on
stratospheric ozone protection.72
Objectives
The Vienna Convention is a framework agreement in which States agree to cooperate in relevant
research and scientific assessments of the ozone problem, to exchange information, and to adopt
“appropriate measures” to prevent activities that harm the ozone layer. 73 The Convention's Preamble
states the main objective of the Convention “to protect human health and the environment against
adverse effects resulting from modifications of the ozone layer.” 74
The Convention invokes the relevant provisions of the Declaration of the United Nations Conference on
the Human Environment, Principle 21 in particular, which provides that "States have, in accordance with
the Charter of the United Nations and the principles of international law, the sovereign right to exploit their
own resources pursuant to their own environmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction”. 75 Like other conventions, the Vienna Convention takes into
account the circumstances and particular requirements of developing countries, and mindful of the
precautionary measures for the protection of the ozone layer is aware that measures “require international
co-operation and action, and should be based on relevant scientific and technical considerations.” 76
70
Vienna Convention for the Protection of the Ozone Layer, Mar. 22, 1985, U.N. Doc. UNEPIIG.53/Rev. l
71
UNEP Ozone Secretariat. Status of Ratification, (November 7, 2012),
http://ozone.unep.org/new_site/en/treaty_ratification_status.php
72
Edith Brown Weiss & Francis Cabell Brown. THE VIENNA CONVENTION FOR THE PROTECTION OF THE
OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER.
(November 7, 2012), http://untreaty.un.org/cod/avl/ha/vcpol/vcpol.html.
73
Id.
74
75
Preamble, Vienna Convention.
76
Preamble, Vienna Convention.
24
Obligations
The Obligations of the Signatory-Parties to the Convention are provided in Article 2 of the Vienna
Convention. The obligations mainly revolve around the protection of human health and the environment
from the adverse effects of the ozone layer's steady degradation.
According to Article 2 of the Vienna Convention, the Signatory-Parties are mandated to “take appropriate
measures to protect human health and the environment against adverse effects resulting or likely to result
from human activities which modify or are likely to modify the ozone layer.” 77 Also, the Parties, in
accordance with the means at their disposal and their capabilities, shall:
“(a) Co-operate by means of systematic observations, research and information exchange in

order to better understand and assess the effects of human activities on the ozone layer and the
effects on human health and the environment from modification of the ozone layer;
(b) Adopt appropriate legislative or administrative measures and co-operate in harmonizing
appropriate policies to control, limit, reduce or prevent human activ ities under their jurisdiction or
control should it be found that these activities have or are likely to have adverse effects resulting
from modification or likely modification of the ozone layer;
(c) Co-operate in the formulation of agreed measures, procedures and standards for the
implementation of this Convention, with a view to the adoption ofprotocols and annexes;
(d) Co-operate with competent international bodies to implement effectively this Convention and
protocols to which they are party.”78
77
78
25
Article 7 of the Vienna Convention provides for the creation of a Secretariat who will be in charge of
carrying out the objectives of the Convention. The said article of the Vienna Convention states the
following functions of the Secretariat:
“(a) To arrange for and service meetings provided for in articles 6, 8,9 and 10;
(b) To prepare arid transmit reports based upon information received in
accordance with articles 4 and 5, as well as upon information derived from
meetings of subsidiary bodies established under article 6;
(c) To perform the functions assigned to it by any protocol;
(d) To prepare reports on its activities carried out in implementation of its functions
under this Convention and present them to the Conference of the Parties;
(e) To ensure the necessary co-ordination with other relevant international bodies,
and in particular to enter into such administrative and contractual arrangements as
may be required for the effective discharge of its functions;
(f) To perform such other functions as may be determined by the Conference of the
Parties.”
Montreal Protocol on Substances that Deplete the Ozone Layer
The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) was concluded in
September 16, 1987.79 A working group under UNEP began negotiations on a protocol, and the Montreal
Protocol was concluded only nine months after the formal diplomatic negotiations opened in December
1986.80 The Protocol went into effect on January 1, 1989. 81 A State must be party to the Vienna
Convention in order to become a party to the Montreal Protocol.
The Montreal Protocol was ratified by 196 countries including the Philippines who signed in 1998 and
ratified it on March 21, 1991. The Montreal Protocol is a legally binding international agreement to
gradually reduce and eliminate consumption of ozone depleting substances (ODS). 82
Objectives
The Preamble of the Convention provides that the Parties to the Protocol are “to protect the ozone layer
by taking precautionary measures to control equitably total global emissions of substances that deplete it,
with the ultimate objective of their elimination on the basis of developments in scientific knowledge, taking
into account technical and economic considerations and bearing in mind the developmental needs of
developing countries…”83
Obligations
Article 2 of the Montreal Protocol provides for the control measures to achieve the objectives of the
79
The Montreal Protocol on Substances that Deplete the Ozone Layer, Jan. 9, 1989, U.N.
Doc.UNEP/OzL.Pro.1/5, as either adjusted and/or amended in London 1990 Copenhagen 1992 Vienna 1995
Montreal 1997 Beijing 1999. [hereinafter Montreal Protocol].
80
Edith Brown Weiss & Francis Cabell Brown. THE VIENNA CONVENTION FOR THE PROTECTION OF THE
OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER.
(November 7, 2012), http://untreaty.un.org/cod/avl/ha/vcpol/vcpol.html.
81
Id.
82
International Institute for Energy Conservation, Market for Energy Efficiency Technologies and Services in the
Philippines. (September 1998), http://www.ecee.org/pubs/assess/philippines.pdf.
83
Preamble, Montreal Protocol.
26
Montreal Protocol. The Annexes of the Protocol provide for a list of controlled substances and products
that contain the said controlled substances. The Montreal Protocol controls the production and
consumption of specific chemicals, none of which occur naturally: CFCs, halons, fully Halogenated CFCs
(HCFCs), methyl bromide, and similar chemicals, and sets specific targets and a timetable for reduction. 84
The Protocol originally required parties other than developing countries to freeze consumption and
production of CFCs at 1986 levels (the base year), to reduce them by 20 percent and then an additional
30 percent by 1999, and to freeze consumption of halons at 1986 levels. 85
The phasing out of ODS, as provided for in the Montreal Protocol, is meant to protect human health and
the environment from the damaging effects of ozone layer depletion. The phase out of ODS takes into
account the special situation of developing countries, such as the Philippines, Article 5 of the Montreal
Protocol provides that:
Any Party that is a developing country and whose annual calculated level of consumption
of the controlled substances in Annex A is less than 0.3 kilograms per capita on the date
of the entry into force of the Protocol for it, or any time thereafter until 1 January 1999,
shall, in order to meet its basic domestic needs, be entitled to delay for ten years its
compliance with the control measures set out in Articles 2A to 2E, provided that any
further amendments to the adjustments or Amendment adopted at the Second Meeting of
the Parties in London, 29 June 1990, shall apply to the Parties operating under this
paragraph after the review provided for in paragraph 8 of this Article has taken place and
shall be based on the conclusions of that review.86
The Montreal Protocol's Article 12 provides for the function of the Secretariat to prepare reports, facilitate
meetings with the parties, and perform any other functions to achieve the purposes of the Protocol. 87
84
Article 2, Montreal Protocol. See also Edith Brown Weiss & Francis Cabell Brown. THE VIENNA
CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE OZONE LAYER. (November 7, 2012),
http://untreaty.un.org/cod/avl/ha/vcpol/vcpol.html.
85
Id.
86
Montreal Protocol, Article 5.
87
27
Chapter Two
Biodiversity and Wildlife Conservation
2.1. Convention on Biodiversity
The Convention on Biodiversity (CBD) was signed and ratified by the Philippines on June 6, 1992 and
October 8, 1993, respectively, entering into force on December 29, 1993. The Convention is aimed at (1)
the conservation of biological diversity, (2) the sustainable use of its components, and (3) the fair and
equitable sharing of the benefits arising out of the utilization of genetic resources (Article 1). The domestic
application of the CBD to forests and forest lands, wildlife and biodiversity and protected areas are treated
more extensively in Chapters 4, 5, and 6, respectively, of Volume I of this book.
Obligations
States party to the Convention are obliged to develop and integrate national programs for the
conservation and sustainable use of biological diversity (Article 6). In line with in-situ conservation, they
must establish a system of protected areas, regulate biological resources, promote natural habitats and
rehabilitate degraded ecosystems. Parties must also manage the risks associated with the use and
release of living modified organisms resulting from biotechnology, which are likely to have adverse
environmental impacts, prevent the introduction of species that will threaten ecosystems, and preserve
the traditional knowledge of indigenous and local communities. They are also obliged to develop
legislation for the protection of threatened species and provide financial support for conservation (Article
8).
In line with ex-situ conservation, contracting parties must establish facilities for ex-situ conservation of and
research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources.
They must also adopt measures for the recovery and rehabilitation of threatened species and for their
reintroduction into their natural habitats, as well as regulate the collection of biological resources to
prevent ecosystems from being threatened (Article 9).
The Convention on Biological Diversity provides a global legal framework for action on biodiversity. It
brings together the Parties in the Conference of the Parties (COP), the Convention’s governing body,
which meets every two years, or as needed, to review progress in the implementation of the Convention,
adopt programmes of work, achieve its objectives, and provide policy guidance.
The COP is assisted by the Subsidiary Body on Scientific, Technical, and Technological Advice (SBSTTA),
which is made up of government representatives with expertise in relevant fields, as well as observers
from non-Party governments, the scientific community, and other relevant organizations. SBSTTA is
responsible for providing recommendations to the COP on the technical aspects of the implementation of
the Convention.
Other subsidiary bodies have been established by the COP to deal with specific issues as they arise.
These are called “ad hoc open-ended Working Groups” because they are established for a limited
mandate and period of time, and because they are open to all Parties as well as the participation of
observers. Working Groups make recommendations to the COP, and, as in the case of the Working
Group on Access and Benefit-Sharing, may also provide a forum for negotiations on a particular
instrument under the Convention.
Current Working Groups under the CBD are:
28
The Working Group on Access and Benefit-Sharing (ABS) is currently the forum for
negotiating an international regime on access and benefit sharing;
The Working Group on Article 8(j) addresses issues related to protection of traditional knowledge;
The Working Group on Protected Areas is guiding and monitoring implementation of the programme of
work on protected areas;
The Working Group on the Review of Implementation of the Convention (WGRI) examines the
implementation of the Convention, including national biodiversity strategies and action plans.
The COP and SBSTTA may also establish expert groups or call for the organization by the Secretariat of
liaison groups, workshops, and other meetings. Participants in these meetings are usually experts
nominated by governments, as well as representatives of international organizations, local and
indigenous communities and other bodies. Unlike SBSTTA and the open-ended Working Groups, these
are usually not considered intergovernmental meetings. The purpose of these meetings vary: expert
groups may provide scientific assessments, for example, while workshops may be used for training or
capacity building. Liaison groups advise the secretariat or act as channels for cooperation with other
conventions and organizations.
Current Status
Currently, there are 193 parties to the CBD. 88 Most of these parties have established National Biodiversity
Strategies and Action Plans (NBSAP) to implement the convention. For example, the United Kingdom,
New Zealand, Singapore, and Tanzania have carried out elaborate responses to conserve individual
species and specific habitats. The United States of America, a signatory who has not yet ratified the
treaty, has produced one of the most thorough implementation programs through species Recovery
Programs and other mechanisms long in place in the USA for species conservation.
The Nagoya Protocol on Access & Benefit Sharing (ABS) was adopted on October 29, 2010 in
Nagoya, Japan, and will enter into force 90 days after the fiftieth instrument of ratification. The Nagoya
Protocol is a set of rules and procedures for implementing the third objective of the CBD: access to
genetic resources and the fair and equitable sharing of benefits arising from their utilization.
Implementing Legislation
The laws relevant to biodiversity and wildlife are discussed further in Chapter 5 of Volume One.
The Wildlife Resources Conservation and Protection Act

(RA 9147)
Pursuant to the State’s policy of conserving the country's wildlife resources and their habitats for
sustainability, the Wildlife Resources Conservation and Protection Act seeks to conserve and protect
wildlife species and their habitats to promote ecological balance and enhance biological diversity, regulate
the collection and trade of wildlife, and initiate or support scientific studies on the conservation of
biological diversity (Section 2).
The Act mandates the DENR Secretary and/or the Department of Agriculture (DA) Secretary (“the
Secretary”) to regularly update wildlife information through research (Sec. 6). It also allows the collection
of wildlife provided that appropriate and acceptable wildlife collection techniques with least or no
detrimental effects to the existing wildlife populations and their habitats are used. Indigenous peoples may
also collect wildlife for traditional use and not primarily for trade as long as it does not include threatened
species (Sec. 7).
Parties to the Protocol and signature and ratification of the Supplementary Protocol, in Convention on Biological
88
Diversity, available at: http://www.cbd.int/convention/parties/list/.
29
Wildlife may only be possessed by a person or entity with proof of financial and technical capability and
facility to maintain the said wildlife (Sec. 8). By-products and derivatives may be collected and/or
possessed as long as the source was not obtained in violation of the Act (Sec. 9). Further, the Act
authorizes local transport of wildlife, by-products, and derivatives collected or possessed through any
other means unless the same is prejudicial to the wildlife and public health (Sec. 10).
Wildlife species may be exported to or imported from another country as may be authorized by the
Secretary, provided that the recipient of the wildlife is technically and financially capable to maintain it
(Sec. 11). As for endemic and indigenous wildlife, their introduction, reintroduction, or restocking shall be
allowed only for population enhancement of recovery purposes subject to prior clearance from the
Secretary (Sec. 12). No exotic species shall be introduced into the country, unless cleared with the same
authorities. If introduction is allowed, it shall be subject to an environmental impact study which shall
focus on the bioecology, socioeconomic, and related aspects of the area where the species will be
introduced. The proponent shall also be required to secure the prior informed consent from local
stakeholders (Sec. 13).
The Act allows bio-prospecting upon execution of an undertaking by any proponent, stipulating its
compliance with reasonable terms and conditions that may be imposed by the Secretary. Prior informed
consent must also be obtained from the concerned indigenous cultural communities, local communities,
management board or private individual or entity as a pre-condition (Sec. 14). Moreover, the collection
and utilization of biological resources for scientific research and not for commercial purposes shall be
allowed upon execution of an undertaking/agreement with, and issuance of a gratuitous permit by, the
Secretary (Sec. 15).
Finally, the Secretary is mandated within one year after the effectivity of the Act to establish a list of
economically-important species. He/she shall regularly conduct a review and update the population
assessment of such species within a reasonable period (Sec. 18).
Implementing Bodies
Implementing bodies include (1) the DENR, which has 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, and (2) the DA, which has 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 (Sec. 4).
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 jurisdictions. In the Province of Palawan,
jurisdiction is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No.
7611 (Id.).
For the implementation of International agreements on international trade in endangered species of wild
fauna and fora, the management authorities for terrestrial and aquatic resources include the Protected
Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic Resources
(BFAR) of the DA, respectively. In the Province of Palawan, the implementation of the Act is vested to the
Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, the Act designates scientific authorities for terrestrial
and aquatic/marine species. For the terrestrial species, scientific authorities include the Ecosystems
Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological Sciences and
the National Museum and other agencies as may be designated by the Secretary. For marine and aquatic
species, the scientific authorities include the BFAR, the U.P. Marine Science Institute, U.P. Visayas,
Siliman University, and the National Museum and other agencies as may be designated by the Secretary
(Sec. 19).
30
Related Laws
Guidelines have also been enacted pursuant to the Wildlife Conservation Act known as the Joint
Guidelines for Bio-prospecting Activities in the Philippines. 89 The act should also be read with the
Indigenous Peoples Rights Act (IPRA) of 1997, which provides that access to biological and genetic
resources and to indigenous knowledge related to the conservation, utilization and enhancement of these
resources shall be allowed within ancestral lands and domains of the indigenous communities only with
the free and prior informed consent of such communities, obtained in accordance with customary laws of
the concerned community (IPRA, Chap 6, Section 35).
2.2. Cartagena Protocol
In accordance with the precautionary approach contained in Principle 15 of the Rio Declaration on
Environment and Development, discussed below, the Cartagena Protocol on Biosafety to the Convention
on Biological Diversity (Cartagena Protocol) aims to ensure the safe handling, transport, and use of living
modified organisms (LMOs) resulting from modern biotechnology that may have adverse effects on
biological diversity, taking also into account risks to human health, and specifically focusing on
transboundary movements (Article 1). The Protocol was adopted on January 29, 2000 as a
supplementary agreement to the Convention on Biological Diversity and entered into force on September
11, 2003. Currently, there are 162 parties to the Cartagena Protocol, 90 with Uruguay being the most recent
party to ratify the Protocol on November 2, 2011. The Philippines signed the Protocol on May 24, 2000
and ratified it on January 3, 2007.
Obligations
The Protocol promotes biosafety by establishing rules and procedures for the safe transfer, handling, and
use of LMOs, with specific focus on transboundary movements of LMOs. It features a set of procedures
including one for LMOs that are to be intentionally introduced into the environment, and one for LMOs that
are intended to be used directly as food or feed or for processing. Parties to the Protocol must ensure that
LMOs are handled, packaged and transported under conditions of safety.
Furthermore, the shipment of LMOs subject to transboundary movement must be accompanied by

appropriate documentation specifying, among other things, identity of LMOs and contact point for further
information. These procedures and requirements are designed to provide importing Parties with the
necessary information for making informed decisions on whether or not to accept LMO imports and for
handling them in a safe manner.
The Party of import makes its decisions in accordance with scientifically sound risk assessments (Article
15). The Protocol sets down principles and methodologies on how to conduct a risk assessment (Annex
III of the Protocol). In case of insufficient relevant scientific information and knowledge, the Party of import
may use precaution in making their decisions on import. Parties may also take into account, consistent
with their international obligations, socio-economic considerations in reaching decisions on import of
LMOs (Article 26). Parties must also adopt measures for managing any risks identified by the risk
assessment (Article 16), and they must take necessary steps in the event of accidental release of LMOs
(Article 17).
To facilitate its implementation, the Protocol establishes a Biosafety Clearing-House (BCH) for Parties to
exchange information, and contains a number of important provisions, including capacity-building,
financial mechanism, compliance procedures, and public awareness and participation.
89
The Guidelines and Regulations for the Prospecting of Biological and Genetic Resources (EO 247) and Joint
DENR-DA-PSCD-NCIP Administrative Order No.1, Series of 2005 also known as “Joint Guidelines for Bio-
prospecting Activities in the Philippines”.
90
See http://bch.cbd.int/protocol/parties/.
31
The governing body of the Protocol is the Conference of the Parties to the Convention serving as the
meeting of the Parties to the Protocol (COP-MOP). The main function of this body is to review the
implementation of the Protocol and make decisions necessary to promote its effective operation.
Decisions under the Protocol may only be taken by Parties to the Protocol. Parties to the Convention that
are not Parties to the Protocol may only participate as observers in the proceedings of meetings of the
COP-MOP.
Establishing the National Biosafety Framework, Prescribing Guidelines for its Implementation,
Strengthening the National Committee on Biosafety of the Philippines, and for Other Purposes
(Executive Order No. 514)
EO No. 514 was enacted pursuant to the policy of the state to promote the safe and responsible use of
modern biotechnology and its products as one of the several means to achieve and sustain food security,
equitable access to health services, sustainable and safe environment, and industry development in
relation to the Philippines’ ratification of the Cartagena Protocol. It was also enacted in recognition of the
need to enhance the existing biosafety framework to better respond to the challenges presented by
further advances in modern biotechnology.
The law mandates concerned government departments and agencies to utilize the Biosafety Clearing
House (BCH) of the Cartagena Protocol on Biosafety in developing and adopting biosafety policies,
guidelines, and measures and in making biosafety decisions. The NCBP Secretariat shall serve as the
focal point for the BCH in coordination with the DENR-PAWB serving as the focal point for the Clearing
House Mechanism (CHM) of the Convention on Biological Diversity (4.13). It further provides that risk
assessment (RA) shall be mandatory and central in making biosafety decisions (5.2). All concerned
departments and agencies are required to monitor compliance with the conditions attached to approvals
and authorizations, especially on risk management, in a manner that is transparent, and in coordination
with other agencies, including LGUs, and other stakeholders (5.6).
The National Committee on Biosafety of the Philippines (NCBP) is the lead body charged with
coordinating and harmonizing inter-agency and multi-sector efforts to develop biosafety policies in the
country. It also acts as a clearing house for biosafety matters, coordinating and harmonizing the efforts of
all concerned agencies and departments (4.1).
The Department of Science and Technology (DOST), as the premiere science and technology body in
the country is tasked with ensuring that the best available science is utilized and applied in adopting
biosafety policies, measures and guidelines, and in making biosafety decisions (4.7). Further, the DA is in
charge of addressing biosafety issues related to the country’s agricultural productivity and food security
(4.8). The DENR, on the other hand, ensures that environmental assessments are done and impacts
identified in biosafety decisions, and is tasked with evaluating and monitoring regulated articles intended
for bioremediation, the improvement of forest genetic resources, and wildlife genetic resources (4.9). The
Department of Health (DOH), as the principal authority on health, formulates guidelines in assessing the
health impacts posed by modern biotechnology and its applications (4.10).
2.3. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization to the Convention on Biological Diversity is an international
agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and
equitable way, including by appropriate access to genetic resources and by appropriate transfer of
relevant technologies, taking into account all rights over those resources and to technologies, and by
appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable
use of its components. It was adopted by the Conference of the Parties to the Convention on Biological
Diversity at its tenth meeting on 29 October 2010 in Nagoya, Japan. The Nagoya Protocol will be open for
32
signature by Parties to the Convention from 2 February 2011 until 1 February 2012 at the United Nations
Headquarters in New York.
2.4 Convention on Wetlands, especially as Waterfowl Habitat (Ramsar Convention)
The Ramsar Convention was signed and ratified by the Philippines on December 21, 1975 and August 11,
1994, respectively. The basic objective of the convention is the conservation and wise use of all wetlands
through local, regional and national actions and international cooperation, as a contribution towards
achieving sustainable development throughout the world.
Obligations
State parties are obliged to designate suitable wetlands within its territory for inclusion in a List of
Wetlands of International Importance, hereinafter referred to as "the List" which is maintained by the
bureau established under Article 8. The boundaries of each wetland shall be precisely described and also
delimited on a map and they may incorporate riparian and coastal zones adjacent to the wetlands, and
islands or bodies of marine water deeper than six metres at low tide lying within the wetlands, especially
where these have importance as waterfowl habitat. 91 Also, they are required to formulate and implement
their planning so as to promote the conservation of the wetlands included in the List, and as far as
possible the wise use of wetlands in their territory. 92 Moreover, each contracting party shall promote the
conservation of wetlands and waterfowl by establishing nature reserves on wetlands, whether they are
included in the List or not, and provide adequately for their wardening. 93 Lastly, the contracting parties
shall consult with each other about implementing obligations arising from the Convention especially in the
case of a wetland extending over the territories of more than one Contracting Party or where a water
system is shared by Contracting Parties. They shall at the same time endeavour to coordinate and
support present and future policies and regulations concerning the conservation of wetlands and their
flora and fauna.94
The Conference of the Contracting Parties (COP) is the policy-making organ of the Convention.
Government representatives from each of the Contracting Parties meet every three years to receive
national reports on the preceding triennium, approve the work programme and budgetary arrangements
for the next three years, and consider guidance for the Parties on a range of ongoing and emerging
environmental issues.95
Contracting Parties, or Member States, of the Ramsar Convention
According to Article 9.2 of the Convention on Wetlands, “[a]ny member of the United Nations or of one of
the Specialized Agencies or of the International Atomic Energy Agency or Party to the Statute of the
International Court of Justice may become a Party to this Convention.”
Convention on Wetlands of International Importance especially as Waterfowl Habitat. Ramsar (Iran), Art.2, 2
91
February 1971. UN Treaty Series No. 14583.

92

93

94

95
Ramsar Convention Secretariat, 2011. The Ramsar Convention Manual: a guide to the Convention on Wetlands
(Ramsar, Iran, 1971), 5th ed. Ramsar Convention Secretariat, Gland, Switzerland. (page 32)
33
Joining the Convention signals a commitment on the part of the national government to work actively to
support the “three pillars” of the Convention: (1) ensuring the conservation and wise use of wetlands it
has designated as Wetlands of International Importance, (2) including as far as possible the wise use of
all wetlands in national environmental planning, and (3) consulting with other Parties about
implementation of the Convention, especially in regard to transboundary wetlands, shared water systems,
and shared species.
The Standing Committee
The Standing Committee of the Ramsar Convention is the intersessional executive body that represents
the COP between its triennial meetings, within the framework of the decisions made by the COP. The
Contracting Parties that are members of the SC are elected by each meeting of the COP to serve for the
three years until the next one. The SC was established by Resolution 3.3 of the 1987 Conference of the
Contracting Parties. Its tasks were first set out in the Framework for Implementation of the Ramsar
Convention (Resolution 5.1, 1993), but are presently defined by Resolution VII.1 (1999), which include,
but are not limited to, maintaining regular contact and consultations with the Contracting Parties in the
regional groups, and to use the opportunities of travel within their regions and of attending regional or
international meetings to consult about issues related to the Convention and to promote its objectives; the
canvassing of opinions of the Contracting Parties in their regional group before meetings of the Standing
Committee; and advising the Secretariat in setting the agenda of regional meetings.
The Standing Committee normally meets once each year, traditionally at the offices of the Secretariat in
Switzerland - in addition, it meets just prior to each meeting of the Conference of the Contracting Parties,
at which time it transforms itself into the Conference Committee for the duration of the COP; and then
again on the last day of the COP, when the newly elected members choose their chair and vice chair and
set the date for their first full business meeting.
There are presently 16 regional and two ex officio members of the Standing Committee, chosen on a
proportional basis from the Ramsar regions.96
The Ramsar Secretariat
The Ramsar Convention Secretariat carries out the day-to-day coordination of the Convention's activities.
It is located in the headquarters facilities of IUCN (the International Union for the Conservation of Nature)
in Gland, Switzerland, and members of the Secretariat staff are legally considered to be employees of
IUCN.
The Secretariat is headed by a Secretary General who answers to the Standing Committee and who
supervises the work of a small number (currently 16) of policy/technical, communications and
administrative staff, four interns, and one outposted representative in Apia, Samoa.
The Policy and Technical staff in the Secretariat itself comprise the Secretary General and Deputy
Secretary General and four Senior Regional Advisors to assist the Parties (in Africa, the Americas, Asia-
Pacific, and Europe); the interns serve as Assistant Advisors for the regions to form two-person "regional
advisory teams". Each of the SRAs also leads on various thematic issues, as appropriate, such as coral
reefs, mountain wetlands, peatlands, poverty reduction, etc. The communications team is responsible for
promoting the Convention and the activities of its Secretariat staff, partners, and collaborators through
news releases, educational and awareness-raising products, and documentation. Ramsar staff members
work in several languages (notably the Convention's three official languages, English, French, and
Spanish) and provide expertise in a range of disciplines. Additional staff members are occasionally
seconded to the Secretariat for special purposes, and consultants are recruited from time to time as
needed.
96
(Ramsar, Iran, 1971), 5th ed. Ramsar Convention Secretariat, Gland, Switzerland. (pp 34-36)
34
The functions of the Secretariat are to, among others, maintain the List of Wetlands of International
Importance (§4.3) and note any additions and changes to the List and the Ramsar Sites Database (day-
to-day development of the Database is subcontracted to Wetlands International), and assist in convening
and organizing the Conference of the Parties, the meetings of the Standing Committee and the STRP,
and Ramsar regional meetings.97
The Scientific and Technical Review Panel (STRP)
The Scientific and Technical Review Panel of the Ramsar Convention was established by Resolution 5.5
(Kushiro, 1993) as a scientific subsidiary body of the Convention to provide scientific and technical
guidance to the Conference of the Parties, the Standing Committee, and the Ramsar Secretariat. Its
individual members are elected by the STRP Oversight Panel, based upon nominations from the Parties,
and the Standing Committee has the overall responsibility for the work of the STRP. Resolution VII.2 (San
José, 1999) modified the composition of the STRP, and Resolution X.9 (Changwon, 2008) established the
present modus operandi and terms of reference of the STRP.
The STRP's Work Plan for each triennium is built around the priority tasks determined by the Standing
Committee, which are based upon requests from the Conference of the Parties by means of its Strategic
Plan and COP Resolutions and Recommendations. The STRP members and observers are assisted in
their work by a network of STRP National Focal Points who advise them directly on STRP matters and
provide a liaison between the STRP, the Administrative Authorities and the networks of other relevant
experts within each of their countries.
The work of the STRP is further assisted by the Support Service, a web-based platform which was
created and hosted today by Wetlands International. The Support Service allows STRP members, STRP
National Focal Points and other wetland experts to exchange information and opinions related to the
Panel's ongoing work, to review and comment on various new guidance material, Ramsar Technical
Reports and technical advisory notes developed to assist Contracting Parties during the 2009-2012
period.98
Current Status
Currently, 162 Contracting Parties to the Convention have identified and placed 2,062 exceptional
wetlands onto the List of Wetlands of International Importance. 99 Presently, these 2,062 Ramsar Sites,
covering almost 200,000,000 hectares, constitute the largest network of protected areas in the world.
Parties have made a further commitment to ensure the conservation and wise use of their Ramsar Sites
in order to maintain the full range of benefits that the wetlands can provide for people (e.g., livelihoods,
health, culture) and the environment (e.g., in supporting biodiversity). Potential Ramsar Sites are carefully
examined for designation under the Convention by referring to the 9 Criteria set to identify Wetlands of
International Importance.
The Secretariat has selected four recent designations in all regions of the world to show the beauty and
uniqueness of wetlands.
1. Hydrological value and sustainable livelihoods in Tram Chim National Park – Viet Nam
97
(Ramsar, Iran, 1971), 5th ed. Ramsar Convention Secretariat, Gland, Switzerland. (pp36-38)
98
(Ramsar, Iran, 1971), 5th ed. Ramsar Convention Secretariat, Gland, Switzerland. (p.38)
99
The Ramsar Convention on Wetlands, Contracting Parties to the Ramsar Convention on Wetlands (2012),
http://www.ramsar.org/cda/en/ramsar-about-parties-parties/main/ramsar/1-36-123%5E23808_4000_0__
35
With over 7,000 ha of grassland and Melaleuca forest, Tram Chim National Park is one of the last
natural ecosystems of the Mekong Delta. Home to species such as the Eastern Sarus Crane
Grus antigone sharpii, the site supports more than 20,000 waterbirds in the dry season. Located
in Dong Thap province, the site acts as a natural reservoir that helps to regulate and maintain the
hydrological rhythm of the entire Delta area.
2. Restoration and ecotourism projects in Haapsalu Noarootsi – Estonia

Situated on the northwestern coast of the Baltic Sea, Haapsalu is important as a wintering,
staging, moulting and breeding site for 225 different bird species. Active management of the
habitat and restoration of 100 ha of coastal meadows resulted in over 10,000 Barnacle Geese
(Branta leucopsis) using the site as a stop-over during the spring and autumn migration.
Haapsalu Bay has also become one of the most important spring migration staging areas of the
globally endangered Lesser White-fronted Goose (Anser erythropus).
3. Cultural and spiritual legacy in Kakagon & Bad River Sloughs – USA
Located within the boundaries of a tribal reservation, the Bad River Band of the Lake Superior
Tribe of Chippewa Indians, Kakagon & Bad River Sloughs is the largest and possibly most
pristine wetland around Lake Superior — the largest freshwater lake in the world. It is from its
sloughs that numerous generations of Chippewa have been able to sustain life through the
harvesting of wild rice. According to their migration story, they had to “find the place where food
grows on top of the water and settle there.”
4. Historical value and respect for local traditions in Kerkennah Islands – Tunisia
The Kerkennah islands played an important role in the history of ancient Mediterranean
civilizations due to their strategic location. Relatively untouched by modernization with a
moderately developed tourism sector, Kerkennah Islands are a significant wintering ground for
migrating birds including waterbirds and shoreline bird species. The tufts of Neptune Grass,
Posidonia oceanica, covering the area play an important role in maintaining biodiversity as they
supply oxygen and shelter for many vertebrate and invertebrate species, including aquatic
species such as fish, bivalves and gastropods and others.

(RA 9147)
It is the policy of the State according to Sec. 2 of RA 9147 to conserve the country's wildlife resources and
their habitats for sustainability. The objectives of the act are the following:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity 100
RA 9147 mandates that all activities, as subsequently manifested under this Chapter, 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. For this purpose, the Secretary shall regularly update wildlife information through
research.101
An Act Providing for the Conservation and Protection of Wildlife Resources and Habitats, Appropriating Funds
100
Therefor and for Other Purposes RA 9147, [Wildlife Resources Conservation and Protection Act], Republic Act 9147,
§ 2, (2001).
36
Moreover, the Secretary, within one (1) year after the effectivity of this Act, shall establish a list of
economically-important species. A population assessment of such species shall be conducted within a
reasonable period and shall be regularly reviewed and updated by the Secretary.
The Collection of certain species shall only be allowed when the results of the assessment show that,
despite certain extent of collection, the population of such species can still remain viable and capable of
recovering its numbers. For this purpose, the Secretary shall establish a schedule and volume of
allowable harvests. Whenever an economically important species become threatened, any form of
collection shall be prohibited except for scientific, educational or breeding/propagation purposes, pursuant
to the provisions of this Act.102
Implementing Bodies
Under RA 9147, 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. 103
For the implementation of international agreement on international trade in endangered species of wild
fauna and flora, the management authorities for terrestrial and aquatic resources shall be the Protected
(BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof is vested to
the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific authorities for
terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the
Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological
Sciences and the National Museum and other agencies as may be designated by the Secretary. For the
marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute,
U.P. Visayas, Siliman University and the National Museum and other agencies as may be designated by
the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific
authorities, and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair
the scientific authorities.104
Related Laws
The National Wetland Action Plan was prepared by the Protected Areas and Wildlife Bureau (PAWB) of
the Department of Environment and Natural Resources (DENR) of the Philippines in coordination with the
101
§ 6, (2001).
102
§ 18, (2001).
103
§ 4, (2001).
104
§ 19, (2001).
37
various government agencies, non-government organizations and academic institutions concerned with
the use and conservation of wetlands.
The actions presented have been developed through a national Workshop on the Protection and
Sustainable Use of Wetlands in the Philippines held in October 1992 at the University of the Philippines in
Los Baños, Laguna.
The output of the Workshop was reviewed by the Ad-hoc Committee on Wetlands created under DENR
Special Order No. 219 series of 1993.
The series of actions are proposed in response to the various issues confronting the management of
Philippine wetlands. The Program areas presented in three components, namely: Policy Review and
Formulation, Institutional Development and Strengthening, and Projects. These groupings will provide
focus areas for more specific time-bounded plans to be prepared in the future.
The Philippines has 4 wetlands which are declared Ramsar sites:

1. The Olango Island in Lapu-lapu, Cebu (5,820 hectares) is used by millions of shorebirds as
a resting place enroute from Siberia and northern Japan to Southeast Asia and Australia.
These migratory birds come to this waterfowl haven to escape the fierce winters in northern
Asia. Each year Olango sees nearly a hundred different species of birds, a number of
which are migratory. Among the frequent guests are Chinese egrets, Asiatic dowitchers,
Eastern curlews, plovers, and sandpipers.
2. Naujan Lake National Park in Oriental Mindoro (14,568 ha) is the fifth largest lake in the
Philippines (14km by 7km); it is volcanic in origin and receives water from local run-off with
no major effluents. There are large areas of shallow water with an abundant growth of
aquatic vegetation. Most of the people in the area depend upon the lake for their
livelihood, particularly through fishing.
3. The Agusan Marsh Wildlife Sanctuary (14,836 ha) includes a vast complex of freshwater
marshes and water-courses with numerous shallow lakes and ponds in the upper basin of
the Agusan River and its tributaries, which rise in the hills of eastern Mindanao. Some
parts of the marsh have been converted into fish ponds and rice paddies. The site acts as
storage for rain water and reduces the immediate downstream flow of floodwater into
Butuan City and other population centers.
4. 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, is well-known amongst
fishermen in the southern Philippines and scuba divers around the world. Some 46 coral
genera and more than 300 coral species have been recorded, as well as at least 40
families and 379 species of fish. Sea turtles, sharks, tuna, dolphins, and jackfish are also
found in the reefs. The Park was inscribed in UNESCO's World Heritage list in 1993.
2.5 Convention on International Trade in Endangered Species of Wild Fauna and Flora
The Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora was
signed and ratified by the Philippines on August 18, 1981 and November 11, 1981, respectively. Its
objective is to ensure the protection of wild fauna and flora against over-exploitation through international
trade.
Obligations
The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in
accordance with the provisions of the present Convention. 105 The export, import and re-export of any
specimen of a species included in Appendix I shall require the prior grant and presentation of permits. The
introduction from the sea of any specimen of a species included in Appendix I and II shall require the prior
Convention on International Trade in Endangered Species of Wild Fauna and Flora, Art. II, March 3rd, 1973, 993
105
U.N.T.S. 243
38
grant of a certificate from a Management Authority of the State of introduction. 106 Measures to be taken by
the Parties are specified in Article VIII of the Convention. 107
Conference of the Parties
The Parties to CITES are collectively referred to as the Conference of the Parties. Every two to three
years, the Conference of the Parties meets to review the implementation of the Convention. These
meetings last for about two weeks and are usually hosted by one of the Parties. The meetings are often
referred to as ‘CoPs’. They provide the occasion for the Parties to review progress in the conservation of
species included in the Appendices; consider (and where appropriate adopt) proposals to amend the lists
of species in Appendices I and II; consider discussion documents and reports from the Parties, the
permanent committees, the Secretariat and working groups; recommend measures to improve the
effectiveness of the Convention; and make provisions (including the adoption of a budget) necessary to
allow the Secretariat to function effectively. 108
Standing Committee
The Standing Committee provides policy guidance to the Secretariat concerning the implementation of
the Convention and oversees the management of the Secretariat's budget. Beyond these key roles, it
coordinates and oversees, where required, the work of other committees and working groups; carries out
tasks given to it by the Conference of the Parties; and drafts resolutions for consideration by the
Conference of the Parties.
The members of the Standing Committee are Parties representing each of the six major geographical
regions (Africa, Asia, Europe, North America, Central and South America and the Caribbean, and
Oceania), with the number of representatives weighted according to the number of Parties within the
region. The membership of the Standing Committee is reviewed at every regular meeting of the
Conference of the Parties.
Additionally, the Standing Committee systematically includes a representative from the Depositary
Government (Switzerland), the Party that hosted the previous meeting of the Conference of the Parties
(Qatar hosted CoP15 in March 2010), and the Party that will host the next meeting of the Conference of
the Parties (Thailand will host CoP16 in 2013).109
Animal and Plants Committees
The Animals and Plants Committees are in charge of providing scientific advice and guidance to the
Conference of the Parties, the other committees, working groups and the Secretariat, dealing with
nomenclatural issues; undertaking periodic reviews of species, in order to ensure appropriate
categorization in the CITES Appendices; advising when certain species are subject to unsustainable trade
and recommending remedial action (through a process known as the ’Review of Significant Trade’); and
drafting resolutions on animal and plant matters for consideration by the Conference of the Parties.
Convention on International Trade in Endangered Species of Wild Fauna and Flora, Arts. III-V, March 3rd, 1973,
106
993 U.N.T.S. 243

Convention on International Trade in Endangered Species of Wild Fauna and Flora, Art. VIII, March 3rd, 1973, 993
107
U.N.T.S. 243
108
Convention on International Trade in Endangered Species of Wild Fauna and Flora, Conference of the Parties,
http://www.cites.org/eng/disc/cop.php
109
Convention on International Trade in Endangered Species of Wild Fauna and Flora, Standing Committee,
http://www.cites.org/eng/disc/sc.php
39
These committees meet twice between meetings of the Conference of the Parties. They report to the
Conference of the Parties at its meetings and, if so requested, provide advice to the Standing Committee
between such meetings. More information about the meetings of the Animals Committee and Plants
Committee are available on this site.
The members of the Animals and Plants Committees are individuals from the six major geographical
regions (Africa, Asia, Europe, North America, Central and South America and the Caribbean, and
Oceania) as well as one specialist on nomenclature on each of the two committees. 110
The CITES Secretariat
The CITES Secretariat is administered by the United Nations Environment Programme (UNEP) and is
located at Geneva, Switzerland. It has a pivotal role, fundamental to the Convention and its functions are
laid down in Article XII of the text of the Convention. They include:
• playing a coordinating, advisory and servicing role in the working of the Convention;
• assisting with communication and monitoring the implementation of the Convention to ensure that
its provisions are respected;
• arranging meetings of the Conference of the Parties and of the permanent Committees at regular
intervals and servicing those meetings (i.e. organizing them, preparing and circulating meeting
documents, making necessary arrangements for delegates to attend the meetings, providing advice and
support, etc.);
• providing assistance in the fields of legislation, enforcement, science and training;
• undertaking, under agreed programmes, occasional scientific and technical studies into issues
affecting the implementation of the Convention;
• making recommendations regarding the implementation of the Convention;
• acting as the repository for the reports, sample permits and other information submitted by the
Parties;
• distributing information relevant to several or all Parties, for example, proposals to amend the
Appendices, sample permits, information about enforcement problems, national legislation, reference
material or news of a new Party;
• issuing new editions of Appendices I, II and III, whenever there is a change, as well as of the
Resolutions and Decisions adopted by the Conference of the Parties at its meetings, and information to
assist identification of species listed in the Appendices; and
• preparing annual reports to the Parties on its own work and on the implementation of the
Convention;
The Secretariat distributes information to the Parties mostly through meeting documents and
Notifications. Except in very few cases, all documents are made available in the three working languages
of the Convention (English, French and Spanish) and are posted on this website. 111
Current Status
Currently, CITES has 175 parties. Recently, last March 15 to 20, 2012, over 150 experts met in Geneva
for the 26th meeting of the Animals Committee of the CITES. 112 They recommended cautious export
quotas for a variety of species and countries, including seahorses from Southeast Asia, giant clams from
the Pacific and sturgeons from the Caspian Sea. Furthermore, the Committee recommended that exports
of live dolphins from Solomon Islands should be limited to a maximum of 10 animals a year. The
Convention on International Trade in Endangered Species of Wild Fauna and Flora, Animals and Plants
110
Committees, http://www.cites.org/eng/disc/ac_pc.php
111
Convention on International Trade in Endangered Species of Wild Fauna and Flora, The CITES Secretariat,
http://www.cites.org/eng/disc/sec/index.php
Convention on International Trade in Endangered Species of Wild Fauna and Flora, PRESS RELEASE: Aquatic
112
species dominate UN-backed scientific meeting, http://www.cites.org/eng/news/pr/2012/20120321_ac26pr.php
40
Committee discussed a list of shark species submitted by member States that may require additional
action to enhance their conservation and management.
The Committee also examined international trade in Asian snakes, tortoises and freshwater turtles,
endemic reptiles and amphibians from Madagascar, scorpions and African birds. Scientists expressed
serious concern about trade from certain African countries in grey-crowned and blackcrowned cranes
(Balearica regulorum and B. pavonina), large waterbirds that typically inhabit open land near inland water
bodies. International trade in cranes consists principally of live, wild-taken birds, with trade in captive-bred
specimens also reported. Between 2000 and 2010, trade in some 1,300 live birds has been recoded.
Specific recommendations were adopted to protect the crane populations of Guinea, Nigeria, Rwanda,
Sudan, South Sudan, the United Republic of Tanzania and Uganda.
The CITES Appendices
Appendices I, II and III to the Convention are lists of species afforded different levels or types of
protection from over-exploitation.
Appendix I lists species that are the most endangered among CITES-listed animals and plants (see
Article II, paragraph 1 of the Convention). They are threatened with extinction and CITES prohibits
international trade in specimens of these species except when the purpose of the import is not
commercial (see Article III), for instance for scientific research. In these exceptional cases, trade may take
place provided it is authorized by the granting of both an import permit and an export permit (or re-export
certificate). Article VII of the Convention provides for a number of exemptions to this general prohibition.
Appendix II lists species that are not necessarily now threatened with extinction but that may become so
unless trade is closely controlled. It also includes so-called "look-alike species", i.e. species of which the
specimens in trade look like those of species listed for conservation reasons (see Article II, paragraph 2 of
the Convention). International trade in specimens of Appendix-II species may be authorized by the
granting of an export permit or re-export certificate. No import permit is necessary for these species under
CITES (although a permit is needed in some countries that have taken stricter measures than CITES
requires). Permits or certificates should only be granted if the relevant authorities are satisfied that certain
conditions are met, above all that trade will not be detrimental to the survival of the species in the wild.
Appendix III is a list of species included at the request of a Party that already regulates trade in the
species and that needs the cooperation of other countries to prevent unsustainable or illegal exploitation
(see Article II, paragraph 3, of the Convention). International trade in specimens of species listed in this
Appendix is allowed only on presentation of the appropriate permits or certificates.
Species may be added to or removed from Appendix I and II, or moved between them, only by the
Conference of the Parties, either at its regular meetings or by postal procedures (see Article XV of the
Convention). But species may be added to or removed from Appendix III at any time and by any Party
unilaterally (although the Conference of the Parties has recommended that changes be timed to coincide
with amendments to Appendices I and II).
The names of species in the Appendices may be annotated to qualify the listing. For example, separate
populations of a species may have different conservation needs and be included in different Appendices
(e.g. the wolf populations included in Appendix I are only those of Bhutan, India, Nepal and Pakistan,
whereas all others are included in Appendix II). Such specifications can appear next to the species name
or in the Interpretation section. For this reason, the Appendices should always be consulted alongside the
interpretation with which they are presented. Parties may enter reservations with respect to any species
listed in the Appendices in accordance with the provisions of Articles XV, XVI or XXIII of the Convention.
41
RA 9147
The Act provides that it shall be the policy of the State to conserve the country's wildlife resources and
their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity. 113
The Act mandates that all activities, as subsequently manifested under this Chapter, 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. For this purpose, the Secretary shall regularly update wildlife information through
research.114 For the collection of wildlife, it shall only be allowed if appropriate and acceptable wildlife
collection techniques with least or no detrimental effects to the existing wildlife populations and their
habitats shall, likewise, be required: Provided, further, That collection of wildlife by indigenous people may
be allowed for traditional use and not primarily for trade: Provided, furthermore, That collection and
utilization for said purpose shall not cover threatened species: Provided, finally, That Section 23 of this Act
shall govern the collection of threatened species. 115 RA 9147 provides that no person or entity shall be
allowed possession of wildlife unless such person or entity can prove financial and technical capability
and facility to maintain said wildlife: Provided, That the source was not obtained in violation of this Act. 116
By-products and derivatives may be collected and/or possessed provided that the source was not
obtained in violation of the Act. 117 The local transport of wildlife, by-products and derivatives collected or
possessed through any other means shall be authorized unless it is prejudicial to the wildlife and public
health.118 The exportation and/or importation of wildlife may be authorized by the Secretary or the
designated representative subject to strict compliance with the Act and its rules and regulations. The
recipient of the wildlife must be technically and financially capable to maintain it. 119
The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for
population enhancement of recovery purposes subject to prior clearance from the Secretary of the
113
§ 2, (2001).
114
§ 6, (2001).
115
§ 7, (2001).
116
§ 8, (2001).
117
§ 9, (2001).
118
§ 10, (2001).
119
§ 11, (2001).
42
authorized representative pursuant to Section 6 of this Act. Any proposed introduction shall be subject to
a scientific study, which shall focus on the bioecology. The proponent shall also conduct public
consultations with concerned individuals or entities.120
No exotic species shall be introduced into the country, unless a clearance from the Secretary or the
authorized representative is first obtained. In no case shall exotic species be introduced into protected
areas covered by Republic Act No. 7586 and to critical habitats under Section 25 hereof. In cases where
introduction is allowed, it shall be subject to environmental impact study, which shall focus on the
bioecology, socioeconomic and related aspects of the area where the species will be introduced. The
proponent shall also be required to secure the prior informed consent from the local stakeholders 121
The Secretary, within one (1) year after the effectivity of this Act, shall establish a list of economically-
important species. A population assessment of such species shall be conducted within a reasonable
period and shall be regularly reviewed and updated by the Secretary. The Collection of certain species
shall only be allowed when the results of the assessment show that, despite certain extent of collection,
the population of such species can still remain viable and capable of recovering its numbers. For this
purpose, the Secretary shall establish a schedule and volume of allowable harvests. Whenever an
economically important species become threatened, any form of collection shall be prohibited except for
scientific, educational or breeding/propagation purposes, pursuant to the provisions of this Act. 122
Implementing Bodies
Section 4 of RA 9147 gives the DENR 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 DA, on the other hand, 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. 7611.123
For the implementation of international agreement on international trade in endangered species of wild
fauna and flora, the management authorities for terrestrial and aquatic resources shall be the Protected
(BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof is vested to
the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific authorities for
terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the
Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological
Sciences and the National Museum and other agencies as may be designated by the Secretary. For the
120
§ 12, (2001).
121
§ 13, (2001).
122
§ 18, (2001).
123
§ 4, (2001).
43
marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute,
U.P. Visayas, Siliman University and the National Museum and other agencies as may be designated by
the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific
authorities, and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair
the scientific authorities.124
Related Laws
i. JOINT DENR-DA-PCSD ADMINISTRATIVE ORDER #01 - Joint Implementing Rules

And Regulations (IRR) Pursuant To Republic Act No. 9147: "An Act Providing For The
Conservation And Protection Of Wildlife Resources And Their Habitats, Appropriating
Funds Therefore And For Other Purposes" - promulgated to prescribe the procedures
and guidelines for the implementation of the Wildlife Resources Conservation and
Protection Act
ii. PCSD RESOLUTION NO. 08-361 – A Resolution creating the wildlife sub-committee of
the environment and natural resources committee of the PCSD (Palawan Council for
Sustainable Development)
2.6 Forests
The Non-Legally Binding Instrument on All Types of Forests

Member States agreed upon this international instrument also known as the NLBI on April 27, 2007. It
recognizes that forests and trees outside forests provide multiple economic, social and environmental
benefits and emphasizing that sustainable forest management contributes significantly to sustainable
development and poverty eradication. 125 It is considered to be the first instrument to have a major impact
on international cooperation and national action to reduce deforestation, prevent forest degradation,
promote sustainable livelihoods and reduce poverty for all forest-dependent peoples. 126
Its purpose is threefold:

(a) To strengthen political commitment and action at all levels to implement effectively
sustainable management of all types of forests and to achieve the shared global objectives
on forests;
(b) To enhance the contribution of forests to the achievement of the internationally agreed
development goals, including the Millennium Development Goals, in particular with respect
to poverty eradication and environmental sustainability; and
(c) To provide a framework for national action and international cooperation. 127
It has four global objectives on forests – the first is to reverse the loss of forest cover worldwide through
sustainable forest management, including protection, restoration, afforestation and reforestation, and
increase efforts to prevent forest degradation. Second is to enhance forest-based economic, social and
environmental benefits, including by improving the livelihoods of forest dependent people. The third is to
increase significantly the area of protected forests worldwide and other areas of sustainably managed
forests, as well as the proportion of forest products from sustainably managed forests. The last global
objective is to reverse the decline in official development assistance for sustainable forest management
124
§ 18, (2001).
UN Forum on Forests, Report of the Seventh Session, UN ESCOR, 7th Sess. Supp. No. 22, UN Doc E/2007/42
125
(2007). Page 2
126
United Nations Forum on Forests, About UNFF, http://www.un.org/esa/forests/about.html
127
(2007). Page 4
44
and mobilize significantly increased, new and additional financial resources from all sources for the
implementation of sustainable forest management.128
Obligations Created
The instrument requires member parties to develop, implement, publish and, as necessary, update
national forest programmes or other strategies for sustainable forest management. It also requires the
member states to consider the seven thematic elements of sustainable forest management, which are:
a) extent of forest resources
b) forest biological diversity
c) forest health and vitality
d) productive functions of forest resources
e) protective functions of forest resources
f) socio-economic functions of forests and
g) legal, policy and institutional framework
Moreover, it requires the member states to promote the use of management tools to assess the impact on
the environment of projects that may significantly affect forests, and promote good environmental
practices for such projects. Member states are also tasked to review and, as needed, improve forest-
related legislation, strengthen forest law enforcement, and promote good governance at all levels in order
to support sustainable forest management.129
Member states are required to monitor and assess progress towards achieving the purpose of the
instrument. They should also submit, on a voluntary basis, taking into account availability of resources
and the requirements and conditions for the preparation of reports for other bodies or instruments,
national progress reports as part of their regular reporting to the forum. 130
Forestry Reform Code of the Philippines (PD 705) as amended by PD 1775

The Forestry Reform Code adopts the following policies:
(a) The multiple uses of forest lands shall be oriented to the development and progress
requirements of the country, the advancement of science and technology, and the public welfare;
(b) Land classification and survey shall be systematized and hastened;
(c) The establishment of wood-processing plants shall be encouraged and rationalized; and
(d) The protection, development and rehabilitation of forest lands shall be emphasized so as to
ensure their continuity in productive condition.131
It requires that all measures shall be taken to protect forest resources from destruction, impairment and
depletion.132 In order to achieve this, forest destruction and utilization of timber shall not be allowed except
128
(2007). Page 5
129
(2007). Pages 5-7

130
(2007). Page 9
Revising Presidential Decree No. 389, Otherwise Known as the Forestry Reform Code of the Philippines, [Revised
131
Forestry Code of the Philippines], PD 705, § 2, (1975).

132
45
through license agreements under which the holders thereof shall have exclusive privilege to cut all the
allowable harvestable timber in their respective concessions. 133
Implementing Bodies
The Forestry Reform Code as amended by the Revised Forestry Code created the Bureau of Forestry
that shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations
including watershed reservations presently administered by other government agencies or
instrumentalities. It shall be responsible for the protection, development, management, regeneration, and
reforestation of forest lands; the regulation and supervision of the operation of licensees, lessees and
permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the
implementation of multiple use and sustained yield management in forest lands; the protection,
development and preservation of national parks, marine parks, game refuges and wildlife; the
implementation of measures and programs to prevent kaingin and managed occupancy of forest and
grazing lands; in collaboration with other bureaus, the effective, efficient and economic classification of
lands of the public domain; and the enforcement of forestry, reforestation, parks, game and wildlife laws,
rules, and regulations. The Bureau shall regulate the establishment and operation of sawmills, veneer and
plywood mills and other wood processing plants and conduct studies of domestic and world markets of
forest products.134
International Tropical Timber Agreement of 2006
The International Tropical Timber Agreement of 2006 was entered into force on December 7, 2011. 135 It
was ratified and concurred by the Philippines on July 8, 2009. Its objectives are to promote the expansion
and diversification of international trade in tropical timber from sustainably managed and legally harvested
forests and to promote the sustainable management of tropical timber producing forests. 136
Obligations Created
Article 29 of the Agreement enumerates the two general obligations of members. The first is that
members shall, for the duration of the Agreement, use their best endeavours and cooperate to promote
the attainment of its objectives and avoid any action contrary thereto. The second obligation is that for
members to undertake to accept and carry out the decisions of the Council under provisions of this
Agreement and shall refrain from implementing measures that would have the effect of limiting or running
counter to them. Article 30 of the Agreement provides for when members may be relieved from
obligations. Where it is necessary on account of exceptional circumstances or emergency or force
majeure not expressly provided for in this Agreement, the Council may, by special vote in accordance with
Article 12, relieve a member of an obligation under this Agreement if it is satisfied by an explanation from
that member regarding the reasons why the obligation cannot be met. The Council, in granting relief to a
member under the aforementioned circumstance, shall state explicitly the terms and conditions on which,
and the period for which, the member is relieved of such obligation, and the reasons for which the relief is
granted.
Article 3 of the Agreement states that the International Tropical Timber Organization (ITTO) established by
the International Tropical Timber Agreement, 1983 shall continue in being for the purposes of
133

134

United Nations, Treaty Collection, http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XIX-
135
46&chapter=19&lang=en
136
International Tropical Timber Agreement, December 7, 2011, http://www.itto.int/itta/.
46
administering the provisions and supervising the operation of this Agreement. It shall function through the
International Tropical Timber Council as designated in Article 6 and its Committees, Subsidiary Bodies as
provided for in Article 26 and Executive Director and Staff as mentioned in Article 14.
The ITTO develops internationally agreed policy documents to promote sustainable forest management
and forest conservation and assists tropical member countries to adapt such policies to local
circumstances and to implement them in the field through projects. In addition, ITTO collects, analyses
and disseminates data on the production and trade of tropical timber and funds a range of projects and
other action aimed at developing industries at both community and industrial scales. 137
Current Status
At present, there are 61 signatories and 65 parties to the Agreement. 138
137
International Tropical Timber Organization, About ITTO, http://www.itto.int/about_itto/.
United Nations, Treaty Collection, http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XIX-
138
46&chapter=19&lang=en
47
Chapter Three
Hazardous Wastes
3.1. Basel Convention
The Basel Convention entered into force on May 5, 1993, the Philippines ratifying and giving its
concurrence thereto on October 31, 1993. The Basel Convention had 178 Party States. The Convention
is the first global environmental treaty addressing the international transfer of hazardous wastes. The
main purpose of the Convention is to regulate the transboundary movement 139 of toxic and hazardous
wastes. Its principal aims are to:
 Minimize the generation of hazardous wastes and to promote an environmentally sound

management of such wastes;
 Control and to reduce the transboundary movements of hazardous wastes unless transfer is
complies with the principles of environmentally sound management; and
 Establish a regulatory system with regard to allowable transboundary movement of
hazardous wastes.140
Obligations
Mechanism of Prior Notification and Consent

Before a country may be allowed to export toxic and hazardous waste to another country, the competent
authority of the receiving country must have been properly informed and have given its consent to such
trade.141
Environmentally Sound Management of Toxic and Hazardous Wastes

The Convention obliges both the importing and exporting countries to handle and dispose all toxic and
hazardous materials in accordance to the principle of environmentally sound management. This means
“taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner
which will protect human health and the environment against the adverse effects which may result from
such wastes.”142
Legal, Administrative and Other Measures143
139
Transboundary Movement is defined as “any movement of hazardous wastes or other wastes from an area under
the national jurisdiction of one State to or through an area under the national jurisdiction of another State or to or
through an area not under the national jurisdiction of any State, provided at least two States are involved in the
movement” (Basel Convention, art. 2(3)).
140
The Convention: Overview, in Basel Convention, available at:
http://www.basel.int/TheConvention/Overview/tabid/1271/Default.aspx.
141
Article 4 of the Basel Convention:
1. (a) Parties exercising their right to prohibit the import of hazardous wastes or other wastes for
disposal shall inform the other Parties of their decision pursuant to Article 13.
(b) Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes
to the Parties which have prohibited the import of such wastes, when notified pursuant to
subparagraph (a) above.
(c) Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes
if the State of import does not consent in writing to the specific import, in the case where that
State of import has not prohibited the import of such wastes.
142
Basel Convention, art. 2 (8).
143
Basel Convention, art. 2 (3-4).
48
All parties to the Basel Convention shall take appropriate legal, administrative and other measures to
implement and enforce the provisions of the Convention. Parties shall prevent and punish any act which
is contrary to what is provided in the Convention. This obligation includes the passing and enforcement of
domestic laws that shall address the issue of transboundary movement of toxic and hazardous wastes.
Conference of the Parties (Article 15)

Conference of the Parties was created by the Convention for the purpose of convening its members.
There are ordinary meetings which are held on a regular basis. Extraordinary meetings are held at such
other times when the Conference deems them necessary or upon a written request of any Party, with the
support of one-third of the member States.
Expanded Bureau
Basically, the Expanded Bureau was created for the purpose of extending administrative aid to the
Conference of Parties, the Secretariat and other subsidiary bodies of the Convention. This body is a
subsidiary body of the Basel Convention which has the following mandate:
 To provide administrative and general operational directions to the Secretariat between the
meetings of the Conference of the Parties;
 To provide guidance and advice to the Secretariat on the preparation of agendas and other
requirements for the organization of meetings and on any other matters brought to it by the
secretariat in the existence of its functions;
 To perform functions requested by the Conference of the Parties or the Open-ended Working
Group, especially administrative tasks;
 To report to the Conference of the Parties on the activities it has carried out between
meetings of the COP.144
Open-ended Working Group

This subsidiary body was established to assist the Conference of the Parties in terms of developing and
continuously reviewing the latter’s work plan, operational policies and decisions. It also serves as an
advising body to the COP on the matters affecting the implementation of the Basel Convention, especially
on with regard to the needs of different regions and subregions. 145
Implementation and Compliance Committee

The primary purpose of this Committee is to help the Parties to the Basel Convention comply with their
obligations. Furthermore, the Committee is mandated to facilitate, promote, monitor and aim to secure
compliance of the Parties to the Convention. It can submit recommendations to the Conference of the
Parties after determining how each Party complies with its obligation under the Convention. 146
Basel Protocol
On December 10, 1999, the Protocol on Liability and Compensation for Damage resulting from
Transboundary Movements of Hazardous Wastes and their Disposal 147 (“Basel Protocol”) was
144
Expanded Bureau: Mandate, in Basel Convention, available at:
http://www.basel.int/TheConvention/ExpandedBureau/Mandate/tabid/2294/Default.aspx.
145
Open-ended Working Group: Mandate, in Basel Convention, available at:
http://www.basel.int/TheConvention/OpenendedWorkingGroupOEWG/Mandate/tabid/2295/Default.aspx.
146
Implementation Compliance Committee: Mandate, in Basel Convention, available at:
http://www.basel.int/TheConvention/ImplementationComplianceCommittee/Mandate/tabid/2296/Default.aspx.
Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous
147
Wastes and Their Disposal, Dec. 10, 1999, UN Doc. UNEP/CHW.1/WG/1/9/2 (Dec. 10, 1999) [hereinafter Basel
Protocol].
49
adopted. The objective of the protocol was to “to provide for a comprehensive regime for liability and for
adequate and prompt compensation for damage resulting from the transboundary movement of
hazardous wastes and other wastes and their disposal including illegal traffic in those wastes”. 148 To date,
there are only 13 countries which ratified the Protocol hence; it has not entered into force pending
ratification of 20 countries.149
Years after Basel Convention entered into force, the Ban Amendment was introduced. This disallows the
trade of wastes from developed countries (OECD countries, European Union and Liechtenstein) to
developing countries for the purpose of disposal, recovery and recycling. To date, 71 countries have
ratified the Ban Amendment but it has not entered into force between parties.
3.2. Rotterdam Convention
The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals
and Pesticides in International Trade entered into force on February 24, 2004. The Philippines signed the
Convention on Septmber 11, 1998, and ratified it on July 31, 2006. To date, the Convention has 73
signatories and 144 Parties.
The objective of this Convention is to promote shared responsibility and cooperative efforts among
Parties in the international trade of certain hazardous chemicals in order to protect human health and the
environment from potential harm and to contribute to their environmentally sound use, by facilitating
information exchange about their characteristics, by providing for a national decision-making process on
their import and export and by disseminating these decisions to Parties (Article 1).
The Convention addressed the growing concern regarding the increase of chemical production and trade.
Such increase meant greater risk of danger to the environment and to people. 150 Particularly, the
Convention aims to give protection to those countries, which do not have the capability of assessing such
chemicals which may have hazardous effects.151
Obligations
The Convention applies to two categories of substances: first is to those which are “banned or severely
restricted chemicals”152 and to “severely hazardous pesticide formulations”. 153 The Rotterdam Convention
makes international trade of certain hazardous chemicals illegal if the State of destination has not given
its informed consent. It also provides for a mechanism wherein States may exchange information to
facilitate better management of certain chemicals when traded. 154

148
Id. at art. 1.
Ratifications to the Basel Protocol, available at http://www.basel.int/ratif/protocol.htm (last accessed on July 4,
149
2011).
Rotterdam Convention Texts and Annexes, available at http://www.pic.int/Portals/5/en/ConventionText/RC
150
%20text_2008_E.pdf (last accessed on July 4, 2011).

151
Id.
152
Id. at art. 2¶ b. (Severely Restricted Chemical means a chemical virtually all use of which within one or more
categories has been prohibited by final regulatory action in order to protect human health or the environment, but for
which certain specific uses remain allowed. It includes a chemical that has, for virtually all use, been refused for
approval or been withdrawn by industry either from the domestic market or from further consideration in the domestic
approval process, and where there is clear evidence that such action has been taken in order to protect human health
or the environment.).
Id. at art. 2 ¶ d (Severely hazardous pesticide formulations means a chemical formulated for pesticidal use that
153
produces severe health or environmental effects observable within a short period of time after single or multiple
exposure, under conditions of use.).
50
Conference of the Parties (COP)

In Article 18 of the Convention, the COP is established as the governing body which advances the
implementation of the Convention through the decisions it takes at its periodic meetings every two years.
It also reviews chemicals brought forward for its consideration by the Chemical Review Committee; it
reviews and adopts the program of work and budget of the Convention for each biennium. 155
Chemical Review Committee

The CRC is a subsidiary body of the Convention established to review chemicals and pesticide
formulations according to the criteria set out by the Convention in Annexes II and IV respectively and
make recommendations to the COP for listing such chemicals in Annex III. 156
3.3. Stockholm Convention
The Stockholm Convention entered into force on May 17, 2004 and was ratified by the Philippines on
February 27, 2004. To date, the Convention has 152 signatories and 176 Parties. The objective of this
Convention is to protect human health and the environment from persistent organic pollutants (Article 1).
As per Article 3 of the Convention, Parties have the obligation to 1) prohibit and/or take the legal and
administrative measures necessary to eliminate production, use, import and export of chemicals
prohibited by the Convention; 2) take measures to ensure that chemicals, allowed by the Convention
undergo environmentally sound disposal; 3) ensure that specific chemicals included in the Convention
shall be used only for the provided purposes for the purposes; and 4) establish regulatory and
assessment schemes for pesticides and industrial chemicals.
Conference of the Parties (COP)

The COP, which was established under Article 19, is the governing body of the Convention. Its members
are the Parties to the Convention. There are several bodies established under the COP. Meetings of the
COP take place every two years.157
Persistent Organic Pollutants Review Committee

The POPRC is a subsidiary body to the Convention established for reviewing chemicals proposed for
listing in Annex A, Annex B, and/or Annex C. Article 8 of the Convention entails the reviewing process of
new chemicals and Annex D, Annex E and Annex F specify the information requires for the review. 158
Domestic law and policy on waste management and sanitation is discussed more fully in Chapter 9 of
Volume I of this book, while the discussion of industrial pollution is found in Chapter 10.
154
Paul P. Appasamy, International Conventions on Hazardous Chemicals, available at
http://www.mse.ac.in/trade/pdf/Compendium%20Part%20B/5.%20PPA-chem-conven(2.4.07).pdf (last accessed on
July 4, 2011).
155
Conference of the Parties: Overview, in Rotterdam Convention, available at:
http://www.pic.int/TheConvention/ConferenceOftheParties/tabid/1049/language/en-US/Default.aspx
156
Chemical Review Committee: Overview, in Rotterdam Convention, available at:
http://www.pic.int/TheConvention/ChemicalReviewCommittee/tabid/1055/language/en-US/Default.aspx.
157
About the COP, in Stockholm Convention, available at:
http://chm.pops.int/Convention/COP/AbouttheCOP/tabid/578/Default.aspx.
POPs Review Committee: About, in Stockholm Convention, available at: http://chm.pops.int/Convention/POPs
158
%20Review%20Committee/About%20POPRC/tabid/221/Default.aspx.
51
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 159
(RA 6969)
Section 2 of RA 6969 states as a policy of the State the regulation, restriction, or prohibition of the
importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and
mixtures that present unreasonable risk and/or injury to health or the environment; the prohibition of entry,
even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for
whatever purpose; and the advancement and facilitation of research and studies on toxic chemicals. 160
The fundamental objective of the law is to regulate the use, movement, and disposal of chemicals,
hazardous and nuclear waste in the Philippines. It has four-point mandate:
“a) To keep an inventory of chemicals that are presently being imported, manufactured, or used,
indicating, among others, their existing and possible uses, test data, names of firms
manufacturing or using them, and such other information as may be considered relevant to the
protection of health and the environment;
b) To monitor and regulate the importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of chemical substances and mixtures that
present unreasonable risk or injury to health or to the environment in accordance with national
policies and international commitments;
c) To inform and educate the populace regarding the hazards and risks attendant to the
manufacture, handling, storage, transportation, processing, distribution, use and disposal of toxic
chemicals and other substances and mixture; and
d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country for whatever purpose.” 161
DENR Administrative Order (AO) 29, Series of 1992 are the Implementing Rules of Regulations of RA
6969, while DENR AO 94-28 contains the exclusive list of recyclable materials which can be imported to
the Philippines. These are scrap metals, solid plastic materials, electronic assemblies and scrap, and
used oil.162 Lastly, the Procedural Manual Title III of DAO 92-29 enumerates the requirements for
importers of recyclable materials containing hazardous substances.
Implementing Agencies
DENR is the implementing agency of RA 6969. The Inter-Agency Technical Advisory Council, attached to
the DENR, is composed of different Department Secretaries and a representative from a non-
governmental organization on health and safety. It is tasked to assist the DENR in making rules and
regulations, in keeping an updated inventory of chemical substances covered by this law. The Council
shall perform other functions which the DENR will require. The EMB has two major functions relevant to
RA 6969:
 Rcommend possible legislations, policies and programs for environmental management and
pollution control,163 and
An Act to Control Toxic Substances and Hazardous and Nuclear Wastes, Providing Penalties for Violations
159
Thereof, and for Other Purposes [Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990],
Republic Act No. 6969 (1990).
160
R.A. 6969, § 2, (Phil.).
161
R.A. 6969, §4. (Phil.).
Department of Environment and Natural Resources, Department Administrative Order No. 28, Series of 1994 (July
162
26, 1994). [hereinafter D.A.O. 94-28].

163
Id. at §16(a).
52
 Formulate rules and regulations for the proper disposition of solid wastes, toxic and
hazardous substances164
New Castle County.

Anajai CALCAÑO PALLANO, et. al., Plaintiffs,
v.
The AES CORPORATION, et. al., Defendants.
Sheriana Esther De La Cruz Monegro, et. al., Plaintiffs,
v.
The AES Corporation, et. al., Defendants.
July 15, 2011
2011 WL 2803365 (Del.Super.)
Decided by Superior Court of Delaware
Facts:
The case was an off-shoot of the alleged unlawful dumping of toxic waste in the Dominican Republic by
the AES Corporation and four of its subsidiaries. Several residents of the Dominican Republic initiated an
action against AES alleging that the dumping caused and continues to cause several personal injuries
and death. A second action was filed by the same plaintiffs against the defendant for violating
International Law and Human Rights.
Defendants are power companies which generate vast quantities of solid waste known as coal ash and fly
ash (coal ash waste). Coal ash waste is composed of arsenic, cadmium, nickel, beryllium, chromium,
lead, mercury and vanadium. These substances cause birth defects, cancer of the lungs and other
respiratory illnesses. Subsequently, defendants dumped such solid waste near the homes, workplaces
and recreational facilities of the plaintiffs.
Plaintiffs allege that Defendants' misconduct exposed Plaintiffs “to reproductive, carcinogenic and other
toxins in the Coal Ash Waste, either directly or in utero, and as a result [they] suffered catastrophic
injuries, including grotesque malformations and death.” In addition, Plaintiffs allege that their exposure to
these harmful substances has created an elevated risk for the contraction of any of the said diseases.
Plaintiffs seek compensatory damages and equitable relief. Two of their bases are the Basel Convention
and the Cairo Guidelines. The Basel Convention is a comprehensive global environmental agreement on
hazardous and other wastes that aims to protect human health and the environment against the adverse
effects resulting from the disposal of hazardous wastes. While the Cairo Guidelines and Principles for the
Environmentally Sound Management of Hazardous Wastes Cairo Guidelines provide guidelines and
principles for the environmentally sound transport, handling, and disposal of toxic and dangerous
substances. Other bases of the Plaintiffs are the Dumping Convention and international human rights
norms.
Issue:
Whether Plaintiffs should be granted compensatory damages and equitable relief.
Held:
Petition denied. The legal basis for the claim of the Plaintiffs was not established.
Ratio:
While the Basel Convention is an international treaty, it has not been ratified by the United States, and
thus it has no force in its own right under U.S. law. The Basel Convention also fails as evidence of a rule
of customary international law.
164
Id. at §16(e).
53
The Cairo Guidelines and the Human Rights Norms are, respectively, materials promulgated by the
United Nations Environmental Programme and the U.N. High Commissioner for Human Rights. U.S.
courts have held that U.N. publications have no force as international law.
Plaintiffs argue that they have stated a claim based on the violation of international law as reflected in the
Dumping Convention because they allege that Defendants' dumping of toxic coal ash waste from barges
onto the beach resulted in that waste “leaching into Samaná Bay.” Plaintiffs cite no authority for the
contention that the Dumping Convention establishes a binding norm of customary international law. Both
state and federal courts have uniformly held that environmental harms are not actionable under
international law
With regard to the violation of human rights norms, Plaintiffs have not demonstrated that Defendants'
conduct violated a well-established, universally recognized norm of international law.
Chemical Waste Management, Inc. vs. Paul H. Templet, Ph.D., Secretary of the Louisiana
Department of Environmental Quality
(JULY 9, 1991; 770 F.Supp. 1142; Decided by United States District Court, M.D. Louisiana.)
Facts:
Chemical Waste Management, Inc. (ChemWaste) is an operator of a hazardous waste disposal facility in
the State of Louisiana. ChemWaste is given the license by the State to treat, store and dispose
hazardous waste. On September 1989, it informed the Regional Office of Environmental Protection
Authority (EPA) of its intention to receive foreign hazardous waste generated Mexico. EPA advised
ChemWaste that it is the State of Louisiana was the proper authority to give consent to the importation.
On the basis of Louisiana Revised Statute, LDEQ objected to the importation and refused to give
ChemWaste the necessary permit.
It filed an Action for Declaratory Relief against the Secretary of Louisiana Department of Environmental
Quality (LDEQ). ChemWaste argues that the provisions of Louisiana Revised Statute making it unlawful
for any person to transport into the state for the purpose of treatment, storage, or disposal, any hazardous
waste generated outside the United States and its territories.
Issue:
Whether the provisions of Louisiana Statute prohibiting importation of hazardous waste generated outside
the US and its territories
Held:
The Court finds that such provisions are unconstitutional and invalid under the Commerce Clause of the
United States Constitution.
Ratio:
The Congress enacted RCRA (Resource Conservation and Recovery Act) to be a “cradle-to-grave”
regulatory program which established “minimum standards for the generation, treatment, storage, and
disposal of hazardous waste.” States are not precluded from “adopting or enforcing requirements which
are more stringent or more extensive” or “operating a program with greater scope of coverage” than
required by the minimum federal standards Thus, it is clear that “all objects of interstate trade merit
protection; none is excluded by definition at the outset.” A state may prohibit transportation of an object
across state lines when “the article's worth in interstate commerce is far outweighed by the dangers
inhering in their very movement.” Where the movement of non-hazardous waste is involved, the Supreme
Court has held that “just as Congress has power to regulate the interstate movement of these wastes,
States are not free from constitutional scrutiny when they restrict that movement.”
The hazardous waste which the LDEQ seeks to prohibit from being stored or disposed of in Louisiana
consists of paint solvents used in spray painting of automobile windshield wiper blades and automobile
54
dash boards and other interior automotive parts. The hazardous waste involved in this case is not the
type that, in its existing condition, would spread disease by its mere transportation into the State of
Louisiana. Although the hazardous waste which the plaintiff seeks to dispose of in Louisiana is generated
in Mexico, the Carlyss facility is already receiving the same type of hazardous waste from plants located
within the United States. The only difference between the Mexican and United States waste is that
Mexican water is used in Mexico while American water is used in the United States. Therefore, the Court
finds that the foreign generated hazardous waste involved in this case is an object of commerce and
subject to the protection of the Commerce Clause of the United States Constitution.
Notification, Participation And Consent: Establishing The Extent Of The Right To Health And The
Right To A Sound Environment Of Communities Hosting Facilities That Import And Recycle Toxic
And Hazardous Substances165
Conclusion
Every human being has the right to live in an environment where his fundamental right to adequate
conditions of life will allow him or her to live a life of dignity and well-being. This right is an obligation
under human rights law. It should not be compromised for the purpose of complying with economic
demands or for the sake of profit.
It has been the environmental policy of the Philippines to insure the attainment of an environmental quality
that is conducive to a life of dignity and well-being. 166 Through PD 1152, “hazardous substances” was
defined for the first time under Philippine law and the focus was made to the regulation of accidental spills
of hazardous substances. Eventually, the Congress passed the Environmental Impact Assessment
System Law to take a further step to environmental protection while balancing it with economic growth.
Through the EIA System, the government is able to regulate economic activities within the country which
may significantly affect the environment. Environmental Impact Statements and Environmental
Compliance Certificates became prerequisites before anyone can engage into an activity which may bring
a certain amount of risk to the environment.
With the implementation of the EIA System, the government reorganized the DENR and established the
Environmental Management Bureau which was given the mandate to properly manage and protect the
environment, with the coordination of local government units, non-government organizations and
stakeholders.
In 1990, Philippine Congress passed RA 6969 to control the importation, manufacture, processing,
handling, storage, transportation, sale, distribution, use and disposal toxic substances and hazardous
wastes. One of the most important features of the law is its definition of what constitutes hazardous
substances which may be imported, transported, processed and manufactured in the country. It also
defined hazardous wastes which cannot be imported to the Philippines for whatever purpose especially
for final disposal. Thus, even if a material is hazardous as long as it can be classified as a hazardous
substance which has some value (e.g. recovery of raw materials), it can still be imported to the country.
RA 6969 also provided the general requirements, like pre-manufacturing and pre-importation
requirements, before importation of toxics can be made. Any activity related to toxics is considered to
have a significant effect on the environment. As a consequence, the establishment, operation and
activities of any toxic facility are covered by the requirement of obtaining an Environmental Compliance
Certificate issued by the EMB. All the documentary requirements submitted by any importer or recycler
shall be considered as public. Hence, the law allows the public to access such records subject to certain
limitations.
165
An excerpt from the thesis of Ms. Blesscille Guerra, JD candidate 2011 at the Ateneo de Manila University School
of Law.
166
P.D. No. 1151, (Phil.).
55
The Philippines is now a destination of toxic and hazardous substances bound for recycling or recovery of
second hand raw materials. Recycling of toxics become a phenomenon and continues to strive in the
country. Hundreds of transporters and importers of toxics proliferated in the country. Every year, the
Environmental Management Bureau approves a number of notifications from other countries applying for
the approval of importation of some toxics to the country for the purpose of recycling or recovery. In this
case, notification only pertains to the competent authority of the countries dealing with each other.
Notification is not given to the community hosting the toxic facility where these materials will be
transported and processed. The transactions are only between the sending exporters, the EMB and the
receiving importers. After the EMB approves the importation and/or the recycling of toxics by issuing the
ECC, it will notify the local government unit where the toxic facility is located for the latter to implement the
necessary procedure and issue business permits for regulation.
A perusal of all these provisions, rules and regulations and administrative guidelines shows that the rights
of the host communities have not been recognized, specifically RA 6969 and its implementing rules and
regulations. Using the rights-based approach, communities hosting facilities that import and recycle toxic
and hazardous wastes have the following legal right on the basis of their right to the highest attainable
standard of health and right to a sound environment:
First, they have right to be notified of any and all information that affect their health and environment. The
right to information can be recognized through the process of notification which must consider the time
when and how it should be given and what it contains. The host community must be notified regarding all
necessary information about toxics before importation of toxics, after importation, during the process of
recycling and even after when the toxics are to be finally disposed. Public access to records is not
tantamount to the recognition of the right to information of the host communities because the right means
access to information which is available, accessible, user-friendly and appropriate.
Second, members of the community have the right to participate in the process of importation,
transporting, recycling and disposal of toxics within their community. They must be given the venue to be
actively and genuinely involved in defining health and environmental issues that arise because of the
importation and recycling of toxics by the facility they host. This right entitles two things for the community.
First is an institutional mechanism to ensure their participation which the State must provide. Second is
the capacity-building for participation which dependent on the enforcement of the right to notification
previously discussed.
Third, host communities have the right to give or withhold their consent in any application for importation,
transportation, recycling or recovery of toxics to facilities within their area especially if they genuinely
believe that their health and environment will be placed in an unreasonable risk. A system of free prior and
informed consent must also be established for host communities as recognition to their right to self-
determination. The consent must be a prerequisite before importation and recycling of toxics.
The obligation is upon the Government to recognize these rights and institute a mechanism for its
citizens, specifically host communities, to fully realize them.
Recommendation
The best way for the rights of host communities to be recognized and be fully realized is to fill in the gap
of RA 6969. Environmental protection is increased by environmental legislation. 167 In amending the law,
the meaning and extent of the rights established in this study are taken into consideration. It is the
principal duty of the State to serve and protect its people and to guarantee these rights which are
enshrined in the Constitution and the international human rights law. See Annex A for the proposed
amendments to RA 6969.
The proposed amendments adapted certain provisions from the Pollution Release and Transfer Register
system established by Japan and USA, European Union’s Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters 168 and the Indigenous
167
MATHBOR, supra note 327, at 12.
56
People’s Rights Act169.
There is a need for the Government to provide a mechanism where public documents containing
information regarding toxics to be translated to a language or dialect which is known by a host community.
Like in Japan, an entity known as “the Toxic Watch Network translates the government’s PRTR reports
into a format that is easier for communities to interpret and use.. [translating] translate the data into
human health impacts as well as other information.” 170
With regard to the right to participation, the proposed amendments contain provisions from the Aarhus
Convention which was ratified by the European Union and some Central Asian countries “in order to
contribute to the protection of the right of every person of present and future generations to live in an
environment adequate to his or her health and well-being, [to] guarantee the rights of access to
information, public participation in decision-making, and access to justice in environmental matters.” 171
The proponent believes that this Convention is the best model for according to Kofi A. Annan, the former
Secretary-General of the United Nations, it is “the most impressive elaboration of Principle 10 of the Rio
Declaration, which stresses the need for citizen's participation in environmental issues and for access to
information on the environment held by public authorities.”172
With the enactment and implementation of these proposed amendments, the Philippines would be
upholding the right to health and the right to a sound environment of communities hosting toxic facilities,
fulfilling its duty to provide an environment that permits a life of dignity and well-being.
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in

168
Environmental Matters, art. 6, ¶ 6 (a-bd), June 28, 1998, 2161 U.N.T.S. 447 [hereinafter Aarhus Convention].
An Act To Recognize, Protect And Promote The Rights Of Indigenous Cultural Communities/Indigenous People,
169
Creating A National Commission Of Indigenous People, Establishing Implementing Mechanisms, Appropriating Funds
Therefor, And For Other Purposes [Indigenous Peoples’ Rights Act of 1997], Republic Act No. 8371, § 3(g) (1997).
170
Thorpe, supra note 317.
171
Aarhus Convention, art. 1.
172
Thorpe, supra note 317.
57
Chapter Four
Marine Resource Conservation
4.1. United Nations Convention on the Law of the Sea
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) was opened for signature at
Montego Bay, Jamaica on December 10, 1982 and entered into force on November 16, 1994. 173 In
accordance with the Philippine government’s duty to maintain its sovereignty over the national territory, 174
the Philippines participated in the negotiations leading to the codification of the UNCLOS and thereafter,
signed and ratified the Convention on May 8, 1984. 175
The UNCLOS created the International Tribunal for the Laws of the Sea and the International Seabed
Authority. Its objectives are:
 To settle all issues relating to the law of the sea.

 To create a new Convention to reflect developments since the UN Conferences on the Law of
the Sea in 1958 and 1960
 To establish a legal order for the sea and oceans which will facilitate international
communication, and will promote the peaceful uses of the seas and oceans, the equitable
and efficient utilization of their resources, the conservation of their living resources, and the
study, protection and preservation of marine environment.
 The realization of a just and equitable international economic order which takes into account
the interests and needs of mankind as a whole and, in particular, the special interests and
needs of developing countries, whether coastal or land-locked.
 To develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which
the General Assembly of the United Nations solemnly declared inter alia that the area of the
seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as
well as its resources, are the common heritage of mankind, the exploration and exploitation of
which shall be carried out for the benefit of mankind as a whole, irrespective of the
geographical location of States.
 The strengthening of peace, security, cooperation and friendly relations among all nations in
conformity with the principles of justice and equal rights and will promote the economic and
social advancement of all peoples of the world, in accordance with the Purposes and
Principles of the United Nations as set forth in the Charter. 176
State-parties carry the obligation to give due regard to rights of other States; act in a manner compatible
with UNCLOS; adopt reasonable rules and regulations to facilitate marine scientific research and assist
research vehicles; refrain from interfering with shipping; be responsible for damages caused by pollution
to marine environment arising out of marine scientific research; conserve and manage natural resources;
protect and preserve marine environment; exchange available scientific information on catch and fishing
173
Treves Tullio, Introduction, available at http://untreaty.un.org/cod/avl/ha/uncls/uncls.html (last accessed June 25,
2011).
174
Phil. Const., art. I. The complete text of Article I provides:
The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of
the Philippines.
175
Status of the UNCLOS, supra note 21.
176
United Nations Convention on the Law of the Sea, Dec. 10, 1982, Preamble, 1833 U.N.T.S. 3 [hereinafter
UNCLOS].
58
effort with competent international organizations; cooperate with coastal states whose EEZs overlap to
coordinate management measures concerning shared stock; notify when constructing artificial islands
and other installations; refrain from interfering with navigational rights of other states; refrain from
hampering innocent passage of foreign ships in territorial sea; and give publicity to known dangers to
navigation within territorial sea.
A more detailed discussion of domestic laws and rules on rivers, lakes, and aquifers is found in Chapter 6
of Volume I of this book. The discussion of domestic policies on coastal and marine resources is in
Chapter 7.
An Act to Define the Baselines of the Territorial Sea of the Philippines

(RA 9522)
In order for the Philippines to comply with its duties under the UNCLOS, it enacted Republic Act No. 9522,
entitled "An Act to Define the Baselines of the Territorial Sea of the Philippines". The baseline in the areas
over which the Philippines exercises sovereignty and jurisdiction shall be determined as "Regime of
Islands" under the Republic of the Philippines, which shall be consistent with Article 121 of the United
Nations Convention on the Law of the Sea (UNCLOS).177
Then Executive Secretary Eduardo Ermita explained that the enactment of RA 9522 was in fulfillment of
the country’s obligations under the UNCLOS which the Philippines signed on May 8, 1984. According to
Ermita, the deadline imposed by the United Nations on member-States to submit and register their
Baselines Laws with the Secretary General of the UN Security Council was May 13, 2009. 178
The establishment of archipelagic baselines thru this Act will enable the Philippines to meet the
requirements of statehood and at the same time, fulfill its treaty obligations under UNCLOS by acceding
to the defined Philippine maritime zones under the said Convention. The National Mapping and Resource
Information Authority (NAMRIA) shall forthwith produce and publish charts and maps of the appropriate
scale clearly representing the delineation of basepoints and baselines as set forth in this Act. 179
4.2. 1993 FAO Compliance Agreement
The 1993 FAO Agreement to Promote Compliance with International Conservation and Management
Measures by Fishing Vessels on the High Seas (FAO Compliance Agreement) was adopted by the
27th Session of the Conference of the Fisheries and Agriculture Organization of the UN on November 24,
1993 by resolution 15/93, and opened for acceptance. In accordance with Article XI.1, the Agreement
entered into force on 24 April 2003, date of receipt by the Director-General of the twenty-fifth instrument of
acceptance.180
An Act to Amend Certain Provisions or Republic Act No. 3046, As Amended by Republic Act No. 5446, to Define
177
the Archipelagic Baseline of the Philippines and for other Purposes [An Act to Define The Baselines of the Territorial
Sea of the Philippines], Republic Act No. 9522, §3 (2009).
178
Rey Panaligan, SC: Baselines Law is constitutional, available at: http://www.mb.com.ph/articles/330940/sc-
baselines-law-constitutional (last accessed November 21, 2011).
179
R.A. 9522, §5, (Phil.)
180
Food and Agriculture Organization of the United Nations, Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the High Seas, available at
http://www.fao.org/legal/treaties/012s-e.htm (last accessed November 21, 2011).
59
It is the objective of the Agreement for flag States to take measures including the authorization of fishing
operations on the high seas to ensure that their flag vessels do not undermine the effectiveness of
international conservation and management measures. It is also the aim of this Agreement to establish a
data base of fishing vessels authorized to fish on the high seas and to promote the exchange of
information on such vessels.
The Agreement requires the following issues to be implemented into the national legislation of its parties:
(a) A definition of the duties of the flag state, according to the agreement, and designation of the
national authority responsible for carrying them out.
(b) Provisions making it unlawful for flag vessels to undermine the effectiveness of international
conservation and management measures, and providing a mechanism for authorities to
ensure that the law is respected.
(c) Mandatory fishing authorizations for flag vessels fishing on the high seas.
(d) Mandatory conditions for flag vessels receiving a fishing authorization.
(e) Proper marking of fishing vessels.
(f) Information on fishing operations.
(g) Enforcement measures and sanctions.
(h) Establishment and maintenance of record of flag vessels fishing on the high seas.
(i) The duties of the flag state to provide FAO with information. 181
The Philippines is not a Party to this Agreement, but it provides an important system of facilitating the
enforcement of measures to assure environmental compliance by vessels and may have persuasive
effect on our laws and practice.
4.3. 1995 UN Fish Stocks Agreement
The 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the
Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks (1995 UN Fish Stocks Agreement) was adopted on August 4,
1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and
opened for signature on 4 December 1995. It entered into force on December 11, 2001, i.e., 30 days after
the date of deposit of the thirtieth instrument of ratification or accession, in accordance with Article 40 (1)
of the Agreement.182 On August 29, 1996, the Philippines signed the Fish Stocks Agreement but it has yet
to ratify it, with the government still in the process of completing its internal requirements to be bound by
the Agreement.183
The objective of this Agreement is to ensure the long-term conservation and sustainable use of straddling
fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of
the Convention.184 In order to conserve and manage straddling fish stocks and highly migratory fish
stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate
in accordance with the Convention:
181
William, Edison, et.al., Legislating For Sustainable Fisheries: A Guide To Implementing The 1993 Fao Compliance
Agreement And 1995 Un Fish Stocks Agreement 19 (2001) [hereinafter Edeson, Legislating].
182
The UN Agreement for the Implementation of the Provisions of the UNCLOS of 10 December 1982 Relating to
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks Overview available at
http://www.un.org/Depts/los/convention_agreements/reviewconf/FishStocks_EN_B.pdf (last accessed June 30, 2011)
[hereinafter UNFSA Overview]
183
Report of the Secretary-General available at http://www.undemocracy.com/A-52-555.pdf (last accessed June 30,
2011)
184
United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, July 24–Aug. 4, 1995,
Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10
December Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks, art. 2, U.N. DOCA/Conf. 164/37 [hereinafter UNFSA].
60
(a) Adopt measures to ensure long-term sustainability of straddling fish stocks and highly migratory
fish stocks and promote the objective of their optimum utilization;
(b) Ensure that such measures are based on the best scientific evidence available and are designed
to maintain or restore stocks at levels capable of producing maximum sustainable yield, as
qualified by relevant environmental and economic factors, including the special requirements of
developing States, and taking into account fishing patterns, the interdependence of stocks and
any generally recommended international minimum standards, whether subregional, regional or
global;
(c) Apply the precautionary approach in accordance with article 6;
(d) Assess the impacts of fishing, other human activities and environmental factors on target stocks
and species belonging to the same ecosystem or associated with or dependent upon the target
stocks;
(e) Adopt, where necessary, conservation and management measures for species belonging to the
same ecosystem or associated with or dependent upon the target stocks, with a view to
maintaining or restoring populations of such species above levels at which their reproduction may
become seriously threatened;
(f) Minimize pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species,
both fish and non-fish species, (hereinafter referred to as non-target species) and impacts on
associated or dependent species, in particular endangered species, through measures including,
to the extent practicable, the development and use of selective, environmentally safe and cost-
effective fishing gear and techniques;
(g) Protect biodiversity in the marine environment;
(h) Take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that
levels of fishing effort do not exceed those commensurate with the sustainable use of fishery
resources;
(i) Take into account the interests of artisanal and subsistence fishers;
(j) Collect and share, in a timely manner, complete and accurate data concerning fishing activities
on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out
in Annex I, as well as information from national and international research programmes;
(k) Promote and conduct scientific research and develop appropriate technologies in support of
fishery conservation and management; and
(l) Implement and enforce conservation and management measures through effective monitoring,
control and surveillance.
Summary of Main Elements
1. The agreement requires coastal states and distant water fishing states to ensure that the
conservation and management measures, which are created within the EEZ and on the high
seas, are compatible.
2. The agreement sets out general principles for the conservation and management of straddling
fish stocks and highly migratory fish stocks, including the precautionary approach, which parties
to the agreement are to apply on the high seas as well as within their EEZ.
3. The agreement specifies the duties of the flag states with respect to their vessels fishing on the
high seas for straddling fish stocks and highly migratory fish stocks
4. The agreement contains detailed rules on the establishment and operation of subregional or
regional fisheries management organizations or arrangements (RFOs) which are to establish
conservation and management measures on the high seas. Parties to the agreement are obliged
to join RFOs or agree to comply with the measures they create. Otherwise, they will not be
allowed to fish in the areas where these management and conservation measures apply.
5. The agreement introduces innovative provisions on enforcement for non-flag states, and a new
concept of port-state jurisdiction in respect of fishing vessels.
61
6. The agreement contains detailed provisions on peaceful dispute settlement. 185
4.4 The International Convention for the Prevention of Pollution From Ships, 1973, as modified by
the Protocol of 1978 (MARPOL 73/78)
The International Convention for the Protection of Pollution From Ships (MARPOL) is the main
international convention covering prevention of pollution of the marine environment by ships from
operational or accidental causes.186 It was adopted on November 2, 1973 at International Maritime
Organization and covered pollution by oil, chemicals, harmful substances in packaged form, sewage and
garbage. The Protocol of 1978 relating to the 1973 International Convention for the Prevention of
Pollution from Ships (1978 MARPOL Protocol) was adopted at a Conference on Tanker Safety and
Pollution Prevention in 17 February 1978. As the 1973 MARPOL Convention had not yet entered into
force, the 1978 MARPOL Protocol absorbed the parent Convention. The combined instrument is referred
to as the International Convention for the Prevention of Marine Pollution from Ships, 1973, as modified by
the Protocol of 1978 relating thereto (MARPOL 73/78), and it entered into force on 2 October 1983
(Annexes I and II). In 1997 a Protocol was adopted to add a new Annex VI. 187
The Convention includes regulations aimed at preventing and minimizing pollution from ships - both
accidental pollution and that from routine operations - and currently includes six technical Annexes.
Special Areas with strict controls on operational discharges are included in most Annexes. 188 The first
annex deals with regulations for the prevention of pollution by oil. This was entered into force on October
2, 1983. The second annex talks about regulations for the control of pollution by noxious liquid
substances in bulk. This was entered into force on October 2, 1983. The third annex provides for
prevention of pollution by harmful substances carried by sea in packaged form, which was entered into
force on July 1, 1992. The fourth annex is about the prevention of pollution by sewage from ships. This
was entered into force on September 27, 2003. The fifth annex deals with the prevention of pollution by
garbage from ships and was entered into force on December 31, 1988. The sixth annex provides for
prevention of air pollution from ships. This was entered into force on May 19, 2005. 189
It was only on June 15, 2001 that the Philippines signed the International Convention for the Prevention of
Pollution From Ships (Marpol 73/78), with the Convention entering into force on 15 September 2001 in
Philippine territory. The objective of the Convention is to reduce the volumes of harmful materials entering
the world's ocean and the marine environment 190 caused by dumping and oil and exhaust pollution. Its
stated objective is to preserve the marine environment through the complete elimination of pollution by oil
and other harmful substances and the minimization of accidental discharge of such substances.
185
Edeson, Legislating, supra note 3, at 22.
International Maritime Organization, International Convention for the Prevention of Pollution from Ships
186
(MARPOL), http://www.imo.org/about/conventions/listofconventions/pages/international-convention-for-the-
prevention-of-pollution-from-ships-(marpol).aspx
187
International Maritime Organization, International Convention for the Prevention of Pollution from Ships
(MARPOL), available at http://www.imo.org/about/conventions/listofconventions/pages/international-convention-for-
the-prevention-of-pollution-from-ships-(marpol).aspx (last accessed March 3, 2012).
188
International Maritime Organization, International Convention for the Prevention of Pollution from Ships (MARPOL),
http://www.imo.org/about/conventions/listofconventions/pages/international-convention-for-the-prevention-of-pollution-
from-ships-(marpol).aspx
189
International Maritime Organization, International Convention for the Prevention of Pollution from Ships (MARPOL),
http://www.imo.org/about/conventions/listofconventions/pages/international-convention-for-the-prevention-of-pollution-
from-ships-(marpol).aspx
190
Lethbridge, John R., MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships),
available at http://siteresources.worldbank.org/INTTRANSPORT/Resources/336291-1119275973157/td-ps4.pdf (last
accessed March 3, 2012).
62
Obligations
The Convention requires the parties to the Convention to comply with the following obligations:
1. To require new oil tankers to have double hulls and for existing tankers to implement a
phase-in schedule in order to fit double hulls.
2. To implement the discharge criteria and measures for the control of pollution by noxious
liquid substances carried in bulk.
3. To carry out general requirements for the issuing of detailed standards on packing,
marking, labelling, documentation, stowage, quantity limitations, exceptions and
notifications for preventing pollution by harmful substances.
4. To abide by the Convention’s requirements to control pollution of the sea by sewage.
5. To ban the dumping into the sea of all forms of plastic.
6. To limit sulphur oxide and nitrogen oxide emissions from ship exhausts as well as
particulate matter and to prohibit deliberate emissions of ozone depleting substances.
Current Status
At present, there are 152 contracting states of Annexes I and II of MARPOL, 138 contracting states for
Annex III, 131 contracting states for Annex IV, 144 contracting states for Annex V, and 72 contracting
states for Annex VI.191
Marine Pollution Decree of 1976

(Presidential Decree No. 979)
Section 2 of PD 979 declares as policy of the State to prevent and control the pollution of seas by the
dumping of wastes and other matter which create hazards to human health, harm living resources and
marine life, damage amenities, or interfere with the legitimate uses of the sea within the territorial
jurisdiction of the Philippines. Thus, it shall be the responsibility of the State to control public and private
activities that cause damage to the marine environment by using the best practicable means and by
developing improved disposal processes to minimize harmful wastes. 192
Section 4 provides for prohibited acts, which are as follows:

• Discharge, dump, or suffer, permit the discharge of oil, noxious gaseous from or out of any
ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any
method, means or manner, into or upon the territorial and inland navigable waters of the
Philippines
• Throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or
deposited either from or out of any ship, barge, or other floating craft or vessel of any kind,
or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse
matter of any kind or description whatever other than that flowing from streets and sewers
and passing therefrom in a liquid state into tributary of any navigable water from which the
same shall float or be washed into such navigable water.
• Deposit or cause, suffer or procure to be deposited material of any kind in any place on the
bank of any navigable water, or on the bank of any tributary of any navigable water, where
the same shall be liable to be washed into such navigable water, either by ordinary or high
191
International Maritime Organization, Status of Conventions,
http://www.imo.org/About/Conventions/StatusOfConventions/Pages/Default.aspx
Providing for the Revision of Presidential Decree No. 600 Governing Marine Pollution, [Marine Pollution Decree of
192
1976], PD 979, § 2, (1976).
63
tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or

obstructed or increase the level of pollution of such water193
Implementing Bodies
National Pollution Control Commission

Section 5 of PD 979 gives primary responsibility to the National Pollution Control Commission to
promulgate national rules and policies governing marine pollution, including but not limited to the
discharge of effluents from any outfall structure, industrial and manufacturing establishments or mill of any
kind to the extent that it is regulated under the provisions of RA 3931, and to issue the appropriate rules
and regulations upon consultation with the Philippine Coast Guard. 194
The Philippine Coast Guard
The Philippine Coast Guard shall have the primary responsibility of enforcing the laws, rules and
regulations governing marine pollution. However, it shall be the joint responsibility of the Philippine Coast
Guard and the National Pollution Control Commission to coordinate and cooperate with each other in the
enforcement of the provisions of this decree and its implementing rules and regulations, and may call
upon any other government office, instrumentality or agency to extend every assistance in this respect. 195
193
1976], PD 979, § 4, (1976).

194
1976], PD 979, § 5, (1976).

195
1976], PD 979, § 6, (1976).
64
Chapter Five
Sustainable Development
5.1. Rio Declaration on Environment and Development
The Rio Declaration on Environment and Development (Rio Declaration) came about as a result of the
need to reaffirm and build on the Declaration of the United Nations Conference on the Human
Environment, adopted in Stockholm on 16 June 1972, and build on it. It entered into force on June 14,
1992, with the primary goal to establish new and equitable global partnership through the creation of new
levels of cooperation among States, key sectors of societies and people, and to work towards
international agreements which respect the interests of all and protect the integrity of the global
environmental and developmental system. It also recognizes the integral and interdependent nature of the
Earth.
Obligations
The Rio Declaration propounds 27 principles for States to follow in its pursuit to promote the principle of
sustainable development and obligation of environmental protection. It recognizes the fact that States
have the sovereign right to exploit their own natural resources but must ensure that the activities within
their jurisdiction and control do not cause environmental damage to other States. Further, States must do
their best to protect the environment by enacting effective environmental laws and developing sound
national environmental policies that include reducing and eliminating unsustainable patterns of production
and consumption, strengthening capacity-building for sustainable development, facilitating public
awareness of the importance of protecting the environment, protection of indigenous peoples and their
communities, and resolving environmental disputes peacefully.
Three principles, however, stand out for being widely recognized as the foundation of most environmental
policies today. The first principle is Principle 3, which advocates the necessity of sustainable development
to equitably meet the developmental and environmental needs of present and future generations. The
second principle is Principle 10, which espouses the belief that environmental issues are best handled
with the participation of all citizens. There should be an open line of communication between individuals
and public authorities concerning environmental issues, such as hazardous materials and activities in
communities. Citizens must also have an opportunity to participate in decision-making processes and
should be apprised and aware of issues involving the environment. Further, there should be effective
access to judicial and administrative proceedings for resolving environmental disputes. The third principle
is Principle 15, which recognizes the adoption of the Precautionary Principle when it comes to decision-
making and environmental regulation. The basic idea behind the Precautionary Principle is: “where there
are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason
for postponing cost-effective measures to prevent environmental degradation.”
Because it is not a convention, there are no signatories or convention bodies attached to the Rio
Declaration, but States have treated its provisions as generally accepted principles of international law
and continue to observe obligations thereunder. The principles stated in the Rio Declaration have been
widely recognized as part of International Environmental Law and have been adopted in national laws
around the world for the protection of the environment.
Designation of Special Courts to Hear, Try and Decide Environmental Cases

(Supreme Court Administrative Order No. 23-2008)
Under this Administrative Order, the Supreme Court (SC) designated different court branches all over the
Philippines to handle environmental cases in the interest of efficient administration of justice. The SC
65
identified 84 Regional Trial Courts and 33 Metropolitan and Municipal Trial Courts to be designated as
environmental courts. The Court also laid out basic guidelines for Courts to follow in handling
environmental cases, such as the continuation of these courts to hear and try other criminal or civil cases
and that environmental cases where the pre-trial has already commenced and the accused has been
arraigned shall remain in the branches they were originally assigned to. Environmental cases that have
been raffled but have not yet proceeded shall be transferred to environmental courts.
Rules of Procedure for Environmental Cases

(A.M. No. 09-6-8-SC, Apr. 29, 2010)
The Supreme Court promulgated the Rules of Procedure for Environmental Cases to primarily protect and
advance the constitutional right of the people to a balanced and healthful ecology. The Rules also aim to
provide a simplified, speedy, and inexpensive recourse for the enforcement of environmental rights and
duties by introducing and adopting innovations and best practices to ensure the effective enforcement of
remedies and redress for violation of environmental laws. It enables the courts to monitor and exact
compliance with orders and judgments in environmental cases.
B. Mandates
Writ of Kalikasan
The Writ of Kalikasan is defined as a remedy available to natural or juridical persons whose constitutional
right to a balanced and healthful ecology is violated or threatened by an unlawful act or omission of a
public official or employee or even private individual which involves an environmental damage of such
magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces. The
purpose and objective of the Writ is explained as “[intending] to provide a stronger defense for
environmental rights through judicial efforts where institutional arrangements of enforcement,
implementation and legislation have fallen short. It seeks to address the potentially exponential nature of
large-scale ecological threats.” The Writ of Kalikasan was also “fashioned to address the concern of
magnitude and questions of jurisdiction arising from the environmental damage occurring in wide areas by
allowing the petition for the issuance of the writ.” The creation of the Writ is therefore a piece of
revolutionary judicial reform designed to address the necessity of prosecuting environmental cases and
penalizing offenders.
Continuing Mandamus
The Rules of Procedure for Environmental Cases define Continuing Mandamus as “a writ issued by a
court in an environmental case directing any agency or instrumentality of the government, or officer
thereof to perform an act or series of acts decreed by final judgment which shall remain effective until
judgment is fully satisfied.” To expedite the process, a court may issue a Temporary Environmental
Protection Order to preserve the rights of the parties in the proceeding.
Citizen’s Suit
The concept of Citizen’s suit was first included in the Clean Air Act and Ecological Solid Waste
Management Act. Under the new Rules, a citizen’s suit can be filed by “any Filipino citizen in
representation of others, including minors or generations yet unborn.” The purpose of allowing this is to
enforce the environmental right of every Filipino to a balanced and healthful ecology. If a citizen suit is
filed, the payment of filing fees and other legal fees shall serve as first lien on the judgment award. The
reliefs that may be granted in a citizen suit shall include “the protection, preservation or rehabilitation of
the environment and the payment of attorney’s fees, costs of suit and other litigation expenses. It may
also require the violator to submit a program of rehabilitation or restoration of the environment, the costs
of which shall be borne by the violator, or to contribute to a special trust fund for that purpose subject to
the control of the court.”
66
Relevant Jurisprudence
Writ of Kalikasan (Resolutions)
West Tower Condominium v. First Philippine Industrial Corp.
On 19 November 2010, the Supreme Court issued a Writ of Kalikasan and a Temporary Environmental
Protection Order, ordering First Philippine Industrial Corp. (FPIC) to “‘cease and desist’ from operating a
pipeline until further orders from the Court.” The case stemmed from a leaking pipeline owned by FPIC
which “passes through Osmeña Highway and covers Manila, Makati, Pasay[,] and South Luzon
Expressway, which includes Muntinlupa City and several towns in Laguna and Batangas.” The leak posed
considerable health and environmental problems for the residents of West Tower Condominium,
Barangay Bangkal, Makati City. The leak in the 43-year-old pipeline was due to the failure of FPIC to
ensure the pipeline’s structural integrity, resulting in groundwater contamination in the area and even
causing health problems such as respiratory problems.
Eliza Hernandez, et al. v. Placer Dome, Inc.
On March 8, 2011, the Supreme Court issued a Writ of Kalikasan in favor of Eliza M. Hernandez,
Mamerto M. Lanete and Godofredo L. Manoy, who filed a petition for the issuance of the writ against
Placer Dome, Inc. and Barric Gold Corporation for the Marcopper mining incident in 1996. The company
should be held liable for for expelling some 2 million cubic meters of toxic industrial waste into the Boac
river when a drainage plug holding toxic mining waste from its operations ruptured and the resulting
damages afterwards that rendered villages inhabitable and the destruction of the natural habitat of the
surrounding provinces. The petition alleged that 15 years after the mining firm committed to rehabilitating
the area, industrial waste continues to sit on the rivers of Marinduque.
Philippine Earth Justice Center, Inc., et al., Secretary of DENR, et al.
G.R. No. 197754
On August 16, 2011, the Supreme Court issued a Writ of Kalikasan directing the Department of
Environment and Natural Resources-Mines and Geosciences Bureau (DENR-MGB) to stop processing
mining applications and issuing mining permits because of the many adverse effects of mining to the
environment and indigenous communities in the area, such as the Subanon People. Continued mining in
these areas poses serious threats to the residents and the environment.
Continuing Mandamus
Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay

(G.R. Nos. 171947-48, December 18, 2008)
Facts:
The government agencies namely, MWSS, LWUA, DENR, PPA, MMDA, DA, DBM, DPWH, DOH, DECS,
and PNP did not take notice of the present danger to public health and the depletion and contamination of
the marine life of Manila Bay. According to the respondent Concerned Citizens, the condition of Manila
Bay did not match the intended SB level standard of water quality in such a way that swimming, ski
diving, and etc. are unallowable. Thus, the Regional Trial Court (RTC) ordered the government agencies
to participate in cleaning up Manila Bay. Authorities from DENR and MWSS testified in favor of the
petitioners that the bay is in safe-level bathing and that they are doing their function in reducing pollution.
The RTC ruled in favor of the respondents and ordered the government agencies in violation of P.D. No.
1152 to rehabilitate Manila Bay. The petitioners went to the Court of Appeals and argued that the
provisions of P.D. 1152 only pertain to the cleaning of specific pollution incidents and do not cover
cleaning in general. The Court of Appeals, however, affirmed the RTC decisions.
Ruling:
67
The Supreme Court granted the mandamus declaring that the cleaning and rehabilitation of Manila Bay
can be compelled by Mandamus as it is a ministerial act on the part of the MMDA. The writ of mandamus
lies to require the execution of a ministerial duty. A ministerial duty is one that "requires neither the
exercise of official discretion nor judgment." It connotes an act in which nothing is left to the discretion of
the person executing it. It is a "simple, definite duty arising under conditions admitted or proved to exist
and imposed by law." Mandamus is available to compel action, when refused, on matters involving
discretion, but not to direct the exercise of judgment or discretion one way or the other.
The MMDA is therefore duty-bound to comply with Sec. 41 of the Ecological Solid Waste Management
Act (R.A. No. 9003) which prescribes the minimum criteria for the establishment of sanitary landfills, and
Sec. 42 which provides the minimum operating requirements that each site operator shall maintain in the
operation of a sanitary landfill. Based on their charters, it is clear that these government agencies are also
mandated to perform certain functions relating directly or indirectly to the cleanup, rehabilitation,
protection, and preservation of the Manila Bay.
The Supreme Court also held that Sections 17 and 20 of the Environment Code include cleaning in
general. Section 17 provides that in case the water quality has deteriorated, the government agencies
concerned shall act on it to bring back the standard quality of water. Section 20, on the other hand,
mandates the government agencies concerned to take action in cleaning-up in case the polluters failed to
do their part. In the succeeding section 62(g) and (h) of the same Code, provide that oil spilling is the
cause of pollution that should be done in clean-up operations. This provision actually, expanded the
coverage of Sec. 20 because it included oil-spilling as one of the causes of pollutions that need to be
cleaned-up by the government agencies concerned. Moreover, Sec. 17 emphasizes that government
agencies should clean that water for the sake of meeting and maintaining the right quality standard. This
presupposes that the government agencies concerned have the duties of cleaning the water not only in
times when the water is polluted.
Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay

(G.R. Nos. 171947-48, February 15, 2011)
Facts:
This case involves the execution of the decision of the original decision in the Metropolitan Manila
Development Authority case decided by the Supreme Court last December 2008. The parties are
assailing that the issuances of subsequent resolutions by the Supreme Court and the recommendations
and authority to receive and evaluate progressive reports of the Manila Bay Advisory Committee may be
viewed as an encroachment over the powers and functions of the Executive Branch of the government.
Ruling:
The Supreme Court denied the petition, declaring that the issuance of subsequent resolutions by the
Court is simply an exercise of judicial power under Art. VIII of the Constitution. The reason for this is that
the execution of the Decision is but an integral part of the adjudicative function of the Court. Moreover, the
submission of periodic reports is sanctioned by Sections 7 and 8, Rule 8 of the Rules of Procedure for
Environmental cases. It is also important to remember that with the final and executory judgment in
MMDA, the writ of continuing mandamus issued in MMDA means that until petitioner-agencies have
shown full compliance with the Court's orders, the Court exercises continuing jurisdiction over them until
full execution of the judgment.
Citizen Suits (Foreign Jurisprudence)
Manuel Lujan, Jr. v. Defenders of Wildlife, et al.

504 U.S. 555, 112 S.Ct. 2130
Facts:
68
In 1978, the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), on
behalf of the Secretary of the Interior and the Secretary of Commerce respectively, promulgated a joint
regulation stating that the obligations imposed by Section 7(a)(2) of the Endangered Species Act extend
to actions taken in foreign nations. The next year, however, the Interior Department began to reexamine
its position. A revised joint regulation, reinterpreting Section 7(a)(2) to require consultation only for actions
taken in the United States or on the high seas, was proposed in 1983 and was later on promulgated.
Shortly thereafter, the respondent organizations dedicated to wildlife conservation and other
environmental causes, filed this action against the Secretary of the Interior, seeking a declaratory
judgment that the new regulation is in error as to the geographic scope of § 7(a)(2) and an injunction
requiring the Secretary to promulgate a new regulation restoring the initial interpretation. The District
Court granted the Secretary's motion to dismiss for lack of standing. The Court of Appeals for the Eighth
Circuit reversed the decision by a divided vote. On remand, the Secretary moved for summary judgment
on the standing issue, and respondents moved for summary judgment on the merits. The District Court
denied the Secretary's motion, on the ground that the Eighth Circuit had already determined the standing
question in this case; it granted respondents' merits motion, and ordered the Secretary to publish a
revised regulation.
Ruling:
The judgment is reversed and case is remanded. Respondents had not made the requisite demonstration
of injury and redressability. Respondents' claim to injury is that the lack of consultation with respect to
certain funded activities abroad increases the rate of extinction of endangered and threatened species.
The Court of Appeals erred when it found that respondents had suffered a procedural injury. To apply the
“injury in fact” test requires more than an injury to a cognizable interest. It requires that the party seeking
review be himself among the injured. Respondents should have submitted affidavits or other evidence
showing, through specific facts, not only that listed species were in fact being threatened by funded
activities abroad, but also that one or more of respondents' members would thereby be “directly” affected
apart from their “‘special interest’ in th[e] subject.”
Moreover, respondents failed to demonstrate redressability. Instead of attacking the separate decisions to
fund particular projects allegedly causing them harm, respondents chose to challenge a more generalized
level of Government action (rules regarding consultation), the invalidation of which would affect all
overseas projects. suits challenging, not specifically identifiable Government violations of law, but the
particular programs agencies establish to carry out their legal obligations ... [are], even when premised on
allegations of several instances of violations of law, ... rarely if ever appropriate for federal-court
adjudication.” Therefore, the agencies funding the projects should have been made parties to the case if
complete relief was to be gained. The District Court can only accord relief against the Secretary, but the
funding agencies are not bound by whatever revision is made to the Secretary’s regulation.
Friends of the Earth, Inc., et al., v. Laidlaw Environmental Services, Inc.

528 U.S. 167, 120 S.Ct. 693
Facts:
In 1986, defendant-respondent Laidlaw Environmental Services (TOC), Inc., bought a hazardous waste
incinerator facility in Roebuck, South Carolina, that included a wastewater treatment plant. Shortly after
Laidlaw acquired the facility, the South Carolina Department of Health and Environmental Control
(DHEC), granted Laidlaw an NPDES permit authorizing the company to discharge treated water into the
North Tyger River. Despite the limits set by the permit, Laidlaw discharged various toxic pollutants into the
waterway repeatedly. On April 10, 1992, plaintiff-petitioners Friends of the Earth (FOE) and Citizens
Local Environmental Action Network, Inc. (CLEAN) sent a letter to Laidlaw notifying the company of their
intention to file a citizen suit against it. As a result, Laidlaw entered into a settlement with DEHC. On June
12, 1992, however, FOE filed this citizen suit against Laidlaw under § 505(a) of the Clean Water Act,
alleging noncompliance with the NPDES permit and seeking declaratory and injunctive relief and an
award of civil penalties. Laidlaw alleged that FOE failed to prove injury in fact and that the citizen suit was
barred by DHEC's prior action against the company. The District Court ruled against Laidlaw. On appeal,
the Court of Appeals assumed without deciding that FOE initially had standing to bring the action but went
69
on to hold that the case had become moot, stating that the elements of Article III on standing-injury,
causation, and redressability-must persist at every stage of review, or else the action becomes moot. The
case had become moot because “the only remedy currently available to [FOE]-civil penalties payable to
the government-would not redress any injury [FOE has] suffered.” FOE filed a petition for certiorari.
Ruling:
The Supreme Court granted the certiorari. The petitioners were found to have standing. In order to satisfy
Article III's standing requirements, a plaintiff must show (1) it has suffered an “injury in fact” that is (a)
concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is
fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely
speculative, that the injury will be redressed by a favorable decision. An association has standing to bring
suit on behalf of its members when its members would otherwise have standing to sue in their own right,
the interests at stake are germane to the organization's purpose, and neither the claim asserted nor the
relief requested requires the participation of individual members in the lawsuit. All the elements were
sufficiently proven.
With regard to the issue on mootness, the only conceivable basis for a finding of mootness in this case is
Laidlaw's voluntary conduct of substantial compliance with its NPDES permit or its more recent shutdown
of the Roebuck facility. It is well settled that “a defendant's voluntary cessation of a challenged practice
does not deprive a federal court of its power to determine the legality of the practice.” Otherwise, the
defendant may return to its old ways. In accordance with this principle, the standard for determining
whether a case has been mooted by the defendant's voluntary conduct is stringent: “A case might
become moot if subsequent events made it absolutely clear that the allegedly wrongful behavior could not
reasonably be expected to recur.” However, since the effect of both Laidlaw's compliance and the facility
closure on the prospect of future violations is a disputed factual matter, the case is remanded for further
proceedings.
United States v. Ketchikan Pulp Co.

430 F. Supp. 83 (1997)
Facts:
On November 15, 1976, the government filed the complaint in this case alleging that defendants had
failed to meet the effluent discharge requirements of the permit they were issued under the FWPCA.
Simultaneously the parties filed the proposed consent decree which is the subject of the instant request.
The decree presented a compromise plan to bring KPC into compliance with the Act. After a period of
public comments on the decree, the Trustees for Alaska and other concerned environmental groups
moved to intervene in the action. Two of the three groups were allowed to intervene. The intervenors have
now presented the court with several specific objections to the decree, namely, the anomalous procedure
of considering a consent decree when one of the parties to the action withholds its consent, the
deficiencies in the terms of the decree, and that the decree unlawfully grants immunity to future citizen
suits.
Ruling:
The request for consent decree is granted. The law allows any affected citizen to intervene in a
government action as a matter of right. If such a citizen were allowed to block entry of a consent decree
merely by objecting to its terms it would wreak havoc upon government enforcement actions. Accordingly,
the court holds that once intervenors have been given the opportunity to object to the decree they have
had an appropriate day in court and a judgment on consent may be entered. It is clear that any judgment
entered in this case will have an effect upon the public. In apparent recognition of the fact that the
government might not always strenuously protect the public's interest the FWPCA contains the provision
allowing citizen's suits and citizen intervention in government civil actions. Once these citizens are
allowed to intervene the court is certainly obligated to consider with due respect the objections raised. If
the review of the agency's proposed decree were circumscribed by a very narrow standard of review, the
right of citizen intervention would be a hollow right indeed. The court concludes that the appropriate
70
standard is that the court should determine whether the decree adequately protects the public interest
and is in accord with the dictates of Congress.
Although the court is obliged to protect the public interest, it is not necessary to hear all of the evidence to
perform that function. In this case, extensive public hearings and comments on this decree were
considered by the government as well as the conduct of an administrative hearing. Those comments, and
transcripts filed with the court by the parties and amicus curiae, have provided a sufficient foundation
upon which the court can assess the public interest. In absence of some substantiated claim by intervenor
or some apparent fault in the decree as illuminated by the public comments the court will not require a
factual presentation to support every decision reached by the government. The issues and objections
involving the reasonableness of the decree are not well taken.
5.2. Aarhus Convention
The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice
in Environmental Matters, known as the “Aarhus Convention,” entered into force on October 30, 2001. In
order to contribute to the protection of the right of every person of present and future generations to live in
an environment adequate to his or her health and well-being, Parties to the Convention shall guarantee
the rights of access to information, public participation in decision-making, and access to justice in
environmental matters in accordance with the provisions of this Convention. It has been signed and
ratified by 41 countries around the world, but the Philippines is not a signatory.
Obligations
The Aarhus convention is a multilateral agreement that aims to protect the right of people to live in a
healthy environment. It is basically comprised of three pillars, namely, access to information, public
participation in decision making, and access to justice.
The first pillar is access to information. This is achieved by making it easier for the public to obtain access
to environmental information. In particular, it commands public authorities to make environmental
information available to the public while working within the framework of national legislation. It also allows
for the proper collection and dissemination of environmental information by establishing mandatory
systems to ensure adequate flow of information regarding proposed and existing activities which may
significantly affect the environment.
The second pillar is public participation in decision making. This pillar is subdivided into three, namely,
public participation in “decisions on certain specific activities;” public participation “concerning plans,
programmes and policies relating to the environment;” and public participation “during the preparation of
executive regulations and/or generally applicable legally binding normative instruments.” These three
allow the public access to information regarding projects and programs that will affect the environment
and give the public an opportunity to take part in the environmental decision-making procedure in a timely
and effective manner.
The third pillar is access to justice. This provides the public recourse before a court of law or another
independent and impartial body established by law on matters involving violations of environmental laws
and impairment of environmental rights, particularly the right to have access to environmental information.
Its aim is to ensure enforcement of environmental law in recognition of the right of everyone to a healthy
environment. Further, the State shall ensure that the public is aware of such judicial and administrative
procedures and establish “mechanisms to remove or reduce financial and other barriers to access to
justice.”
Environmental Impact Statement System

(Presidential Decree [PD] No. 1586)
71
As stated in PD 1586, it is the policy of the State to attain and maintain a rational and orderly balance
between socio-economic growth and environmental protection. This law established the process called
Philippine Environmental Impact System (PEIS), where any person, partnership, or corporation that
chooses to undertake or operate any environmentally critical project must first secure an Environmental
Compliance Certificate (ECC) issued by the President or his duly authorized representative. This
Certificate shows that the person, partnership, or corporation has complied with all the requirements of
the EIS system and is committed to implementing a sound Environmental Management Plan.
The PEISS is implemented by the DENR and the EMB, who are also responsible for the execution of
Administrative Order No. 300, granting the Secretary of DENR and its Regional Executive Directors the
implied power to grant or deny the issuance of ECCs on behalf of the President, Administrative Order No.
42, extending the authority to the Director and Regional Directors of the EMB, and Proclamation No.
2146, identifying environmentally critical projects and environmentally critical areas.
The Environmental Impact Statement System and its function in development planning is discussed in
detail in Chapter 2 of Volume I of this book.
Environmental Impact Assessment System
Republic of the Philippines v. City of Davao

(G.R. No. 148622, Sep. 12, 2002, 388 SCRA 691) 196
Facts:
The City of Davao filed an application with the Environmental Management Bureau (EMB) for a Certificate
of Non-Coverage (CNC) for its proposed project, the Davao City Artica Sports Dome. The application was
denied by the EMB on the ground that the proposed project was within an environmentally critical area.
The City of Davao must therefore secure an Environmental Compliance Certificate (ECC) instead of a
CNC. The City of Davao filed a petition for mandamus and injunction alleging that it was the ministerial
duty of the EMB to issue the CNC because the proposed project was outside the scope of the EIA
system. The sports dome was not an environmentally critical project. Neither was it to be built in an
environmentally critical area. The trial court granted the petition and issued a writ of mandamus
compelling the EMB to issue a CNC. The trial court also declared that a local government unit (LGU) is
not covered under the EIS system. The petitioners filed a petition for review to determine whether local
governments are covered under the EIS system.
Ruling:
The Supreme Court granted the petition, declaring that local governments are within the scope of the EIS
system. Section 16 of the Local Government Code provides that it is the duty of the LGUs to promote the
peoples’ right to a balanced ecology. “Pursuant to this, an LGU, like the City of Davao, can not claim
exemption from the coverage of [the EIS system]. As a body politic endowed with governmental functions,
an LGU has the duty to ensure the quality of the environment, which is the very same objective of [the
EIS system].”
Furthermore, Section 4 of P.D. No. 1586 provides that “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. The
Civil Code defines a person as either natural or juridical. The state and its political subdivisions, i.e., the
Taken from: Philippine Judicial Academy, Access to Justice: A Sourcebook on Environmental Rights and Legal
196
Remedies (2011)
72
local government units are juridical persons. Undoubtedly therefore, local government units are not
excluded from the coverage of P.D. No. 1586.”
Bangus Fry Fisherfolk, et al. v. Hon. Lanzanas, et al.

(G.R. No. G.R. No. 131442, July 10, 2003)197
Facts:
On 30 June 1997, Regional Executive Director Antonio G. Principe of Region IV, DENR issued an
Environmental Clearance Certificate ("ECC") in favor of National Power Corporation ("NAPOCOR"). The
ECC authorized NAPOCOR to construct a temporary mooring facility in Minolo Cove, Sitio Minolo,
Barangay San Isidro, Puerto Galera, Oriental Mindoro, despite the fact that the Sangguniang Bayan of
Puerto Galera has declared Minolo Cove, a mangrove area and breeding ground for bangus fry, an eco-
tourist zone. Petitioners, who claim to be fisherfolks from the area, sought reconsideration of the ECC
issuance. The petition, however, was denied. As a result, petitioners filed a complaint with the Regional
Trial Court of Manila for the cancellation of the ECC and for the issuance of a writ of injunction to stop the
construction of the mooring facility. The trial court issued a temporary restraining order but this was lifted
later on. Respondents ORMECO and the provincial officials of Oriental Mindoro moved to dismiss the
complaint for failure of the petitioners to exhaust administrative remedies. Petitioners claimed that there
was no need for exhaustion of remedies. They also claimed that the issuance of the ECC was a violation
a DENR Department A.O. No. 96-37 on the documentation of ECC applications.
Ruling:
The Supreme Court denied the petition. Petitioners deprived the DENR Secretary the opportunity to
review the decision of his subordinate by immediately filing their complaint with the Manila RTC. Under
the Procedural Manual for DAO 96-37 and applicable jurisprudence, petitioners' omission renders their
complaint dismissible for lack of cause of action. The Manila RTC therefore did not err in dismissing
petitioners' complaint for lack of cause of action. Further, P.D. No. 1605 provides that the construction of
any commercial structure within the coves and waters embraced by Puerto Galera Bay, as protected by
Medio Island, is prohibited. P.D. No. 1605 does not apply to this case. The mooring facility is a
government-owned public infrastructure intended to serve a basic need of the people of Oriental Mindoro.
The mooring facility is not a "commercial structure; commercial or semi-commercial wharf or commercial
docking" as contemplated in Section 1 of P.D. No. 1605. Therefore, the issuance of the ECC does not
violate P.D. No. 1605 which applies only to commercial structures like wharves, marinas, hotels and
restaurants.
Access to Environmental Justice
Oposa v. Factoran, G.R. No. 101083

(July 30, 1993, 224 SCRA 792)
Facts:
The petitioners are minors represented and joined by their parents, and the Philippine Ecological
Network, Inc. (PENI). They instituted a class suit as taxpayers who are all entitled to the enjoyment of the
natural resources of the Philippines, and claimed that “they represent their generation as well as
generations yet unborn.” They petitioned for the cancellation of all existing timber license agreements
(TLA) and the cessation of the issuance of new TLAs as these agreements violate the right of people to a
balanced and healthful ecology. Further, the numerous environmental tragedies that have occurred in the
country can be traced to the degradation and deforestation of the forests as shown by scientific evidence
of the adverse effects of deforestation. Public respondents, on the other hand, assert that there is no
cause of action as the issue raised is best directed towards the legislative and executive branches of the
government. The lower court granted the motion to dismiss, thus the petitioners were constrained to file a
petition for certiorari with the Supreme Court to determine whether the petitioners have a cause of action
to have the TLAs cancelled in order to prevent the further destruction of Philippine rainforests.
197
Id.
73
Ruling:
The petitioners have a cause of action. Their cause of action is anchored on the right to a balanced and
healthful ecology as provided in Section 16, Article II of the 1987 Constitution. The Supreme Court held
that while this right falls under the Declaration of Principles and State Policies, the right to a balanced and
healthful ecology is not less important than the civil and political rights under the Bill of Rights. In fact,
“such a right belongs to a different category of rights altogether for it concerns nothing less than self-
preservation and self-perpetuation — aptly and fittingly stressed by the petitioners — the advancement of
which may even be said to predate all governments and constitutions.” The reason why this right is
placed under Article II of the Constitution is to emphasize the importance of the state’s obligation to
preserve the right to a balanced and healthful ecology, and to protect and advance the right to health.
The Supreme Court also held that “the right to a balanced and healthful ecology carries with it the
correlative duty to refrain from impairing the environment.” Section 3 of E.O. No. 192 declares as a policy
of the State “to ensure the sustainable use, development, management, renewal, and conservation of the
country's forest, mineral, land, off-shore areas and other natural resources, including the protection and
enhancement of the quality of the environment, and equitable access of the different segments of the
population to the development and the use of the country's natural resources, not only for the present
generation but for future generations as well.” This declaration is affirmed in Title XIV, Book IV of the
Administrative Code of 1987 and is part of the DENR’s mandate “to control and supervise the exploration,
development, utilization, and conservation of the country's natural resources.”
The violation of the petitioners’ right therefore gives rise to a cause of action, making it an enforceable
right from which damages can be demanded and claimed. The Supreme Court thus held that “the full
protection thereof requires that no further TLAs should be renewed or granted.”
Hilarion M. Henares, Jr., et al. v. Land Transportation Franchising and Regulatory Board (LTFRB)
and Department of Transportation and Communications (DOTC)
(G.R. No. 158290, October 23, 2006, 505 SCRA 104)
Facts:
Petitioners are asking the Supreme Court to issue a writ of mandamus commanding respondents Land
Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation and
Communications (DOTC) to require public utility vehicles (PUVs) to use compressed natural gas (CNG)
as alternative fuel. Asserting their right to clean air, petitioners allege that since the LTFRB and the DOTC
are the government agencies clothed with power to regulate and control motor vehicles, particularly
PUVs, and with the same agencies' awareness and knowledge that the PUVs emit dangerous levels of air
pollutants, then, the responsibility to see that these are curbed falls under respondents' functions and a
writ of mandamus should issue against them. The Solicitor General contested the petition, explaining that
the writ of mandamus is not the correct remedy since the writ may be issued only to command a tribunal,
corporation, board or person to do an act that is required to be done. The Solicitor General notes that
nothing in RA No. 8749 prohibits the use of gasoline and diesel by owners of motor vehicles.
Ruling:
The Supreme Court held that mandamus is not the proper remedy. The standing of the petitioners is not
in question. Their right is anchored on Section 16, Article II of the Constitution. The right to clean air is of
transcendental importance to the public, hence the case should be settled promptly. Despite their legal
standing, petitioners cannot avail of the remedy of mandamus as there is no particular law that imposes
an indubitable legal duty on the LTFRB and DOTC to order the use of CNG for public utility vehicles. The
remedy lies with the legislature who should first provide the specific statutory remedy to the complex
environmental problems before any judicial recourse by mandamus is taken.
The consent decree is an integral part of the Rules of Procedure in Environmental Cases. In fact, it
74
was deemed by the Sub-committee members of the Rules to be one of the reliefs that will effectively
address the issues and challenges in handling environmental cases by the courts. 198 There is no doubt
that the country is in dire need of solutions to help address the continued decline of the environment
and through the Rules, the Supreme Court has found a way to take action and perform its role in
bringing about environmental justice. This Thesis has been aimed at characterizing the consent
decree and determining whether it grants the courts unbridled discretion and expands their judicial
powers resulting in an encroachment of executive powers or violation of rights of third parties. After a
long exposition, the proponent has formed the following conclusions:
The Consent Decree should be treated following the Judicial Act Model.
The discussion in the preceding Chapter presents an analysis of the effects of treating the consent
decree using both the contract model and the judicial act model approach. Although the consent
decree is perceived as a contract, it must be kept in mind that it goes beyond that as it is also remedial
in nature. This is the reason why it is best to follow the judicial act model, which emphasizes the
enforcement aspect of the decree. Following the judicial act model does not necessarily equate with
the expansion of the courts judiciary powers and an encroachment on executive powers. The model
still observes the separation of powers embodied in the Constitution. It merely empowers judges to
take a more active role in ensuring that environmental laws are followed and environmental justice is
attained. After all, environmental remedies should be remedial in nature. It also allows for more
flexibility in the interpretation of the consent decree and its modification. Moreover, following the
judicial act model does not preclude judges from simply approving an agreement between the parties
involved if the judge deems it to be in the best interest of the environment and not against public
policy. The idea behind choosing one model to follow is to make it easier for judges to approve the
settlement of the parties and modify it during the course of the judicial oversight. By adhering to the
judicial act model, judges do not merely stamp their approval on whatever settlement is reached. They
actually have more participation and involvement in the interpretation and approval of the settlement.
Perhaps, jurisprudence in the future would show in which circumstances it is best to follow a contract
model and which circumstances it is best to follow a judicial act model. Right now, however, the
country has no clear legal framework by which to characterize a consent decree. It is more efficient if
one were to characterize it from the start to ensure a better understanding of the nature of a consent
decree and ensure that the rationale behind the Rules is brought to life.
The Consent Decree, if provided with a proper legal framework, does not encroach upon
executive prerogative
The consent decree is defined broadly under the Rules and provides no framework or set of standards
by which judges can determine how it is best to issue one. Indeed, it follows the basis of a compromise
settlement, but as the discussion has presented, it goes beyond a simple agreement between parties.
To ensure that no encroachment of executive powers is made, amendments to the Rules itself must be
made. The Rules should expand on the concept of the consent decree to preserve the idea that it is
not merely a compromise agreement but a remedy that is effective in addressing environmental
disputes. This not only gives those in the legal profession a clearer picture of what a consent decree
offers but also makes it an attractive alternative to the other remedies found under the Rules.
Furthermore, it provides a much-deserved recognition of the capabilities and nature of a consent
decree if used properly in environmental disputes.
A proper framework must also be included in the Benchbook for trial judges. This framework will guide
judges in how to approve and modify the terms in a consent decree. It would also help judges better
understand the concept of a consent decree and its difference with a compromise settlement. Since
this is new concept in Philippine jurisdiction, it is best to specify what a consent decree contains and
how it can be successfully implemented. The lack of legal framework would only result in judges
198
Interview with Commissioner Mary Ann Lucille L. Sering, Commissioner of Climate Change Commission and Sub-
committee Member of the Rules of Procedure for Environmental Cases, in Malacañang, Manila (May 27, 2011).
75
scrambling to adopt the exact same procedures followed by the EPA in the U.S. without considering
the fact that the particulars of their procedure, details of liability, scope and limitations, and such are all
embodied in varying laws passed by the U.S. Congress and jurisprudence in various public
institutional reforms. What is needed is to create a consent decree that fits into the mold of Philippine
law without sacrificing the nature of a consent decree.
The Consent Decree, if provided with a proper legal framework, does not violate rights of third
parties.
The consent decree does not violate rights of third parties even though public scrutiny is an integral
part of the consent decree. Violation of rights would only arise if judges abuse their discretion in either
disallowing third parties to intervene or allowing too many parties to intervene as to defeat the purpose
of an expedient settlement. The rationale behind public scrutiny is best served when judges regulate
who should be allowed to intervene in delineating the terms of the agreement without violating due
process or impair contractual obligations. Moreover, public interest is paramount in environmental
cases. To diminish the rights of third parties to intervene defeats the idea that all environmental cases
involve public interest as affected parties are oftentimes not limited to an individual but encompasses a
whole community. Nevertheless, judges must strike a balance between permitting too many parties to
intervene in the name of public interest and violating the rights of third parties.
Given this conclusion, a modification of the definition of the consent decree becomes ideal in order to
encourage the use of the judicial act model approach in treating or characterizing the consent decree
(See Annex D). Although the current definition reflects an adherence to the Civil Code of the
Philippines and fits the current legal landscape, it must be clearly differentiated with an ordinary
compromise settlement. A consent decree may be a hybrid of a judicial order and a contract, but it is
foremost an enforcement agreement between the parties and the court. Any settlement does not stop
with the approval of both parties and merely stamped with the imprimatur of the courts. Any settlement
that is reached between the parties must go through the review of the courts as it is to be enforced for
a lengthy period of time. Section 4 (b) of Rule 1 should therefore be changed to reflect such approach
to the consent decree as the consent decree must be seen as an enforcement agreement rather than
a mere contract between the parties involved.
Another modification that needs to be addressed is found in Section 5 of Rule 3 on Pre-trial, which
states that “[t]he judge shall exert best efforts to persuade the parties to arrive at a settlement of the
dispute.” (See Annex D). This particular sentence should be removed as it opens up the consent
decree to issues of grave abuse of discretion or excessive judicial activism. A judge cannot force the
parties to enter into a consent decree. He or she does not act as the primary mediator or facilitator as
doing so may present significant ethical difficulties for the judge, particularly during the implementation
and oversight phase of the judgment. In fact, a judge “is not a negotiator and there are practical and
perception issues which arise in relation to blurring those roles.” 199 Parties may also question the terms
of the agreement if the judge acts as the primary mediator. Neither should the judge exert his or her
best efforts to persuade the parties to arrive at a settlement. It should be the decision of the parties
involved. The benefits of entering into a consent decree should speak for itself and encourage parties
to take advantage of this speedy and effective settlement dispute.
Aside from the modification in the above Rules, the consent decree would be a more effective method
of settlement dispute if it were to be treated as a separate Rule under the Rules of Procedure for
Environmental Cases (See Annex D). Adding one more Rule does not detract anything from the
current Rules; in fact, it enhances the Rules and makes it more comprehensive and useful to those in
the legal profession. It also clearly delineates the limitations of the court so as not to usurp
administrative prerogative of the executive branch of the government. Based on previous drafts of the
Rules, it is not implausible to add a new Rule, as previous drafts show that precautionary principle, the
199
Memorandum No. 10, Judge Michael Ackerman of the Queensland Environmental Court (Mar. 29, 2010) (on file
with the Supreme Court of the Philippines).
76
much vaunted principle adopted from International Environmental Law, was not even included in the
original draft of the Rules. 200 In later revisions, it was finally included under Rule 13: Burden of Proof
and Presumptions;201 nonetheless, it did not bear as much weight under the Rules as it does in the
current and final version of the Rules of Procedure for Environmental Cases. After numerous revisions,
the precautionary principle was highlighted and given focus on by having a separate Rule of its own.
The same can be done with the consent decree.
Aside from the proposed modifications or amendments to the current Rules of Procedure for
Environmental Cases, it would also be best if additional guidelines were incorporated in the Philippine
Benchbook for Trial Court Judges, which was released in 2000 and is considered to be the first
comprehensive practical guide for the judiciary (See Annex E). It was developed by the Philippine
Judicial Academy with the assistance of the Australian Agency for International Development (AusAID)
through the Philippine-Australia Government Facility. 202 It serves as a tool for judges to enhance their
effectiveness in dispensing justice by providing them with a quick reference source for civil and
criminal procedures, rules on evidence, special proceedings, and other matters that judges are
required to be knowledgeable at. In fact, it is widely recognized as the “Judicial Bible for Philippine
Judges.”203 Certain additions must be made to the Benchbook for Trial Judges, specifically in the
Chapter on Civil Procedure to make the consent decree more effective. The changes recommended in
this Thesis serve to guide judges on how to issue a consent decree while considering the scope and
limitations of the consent decree so as to avoid violating the constitutional mandate of separation of
powers, given the thin line a consent decree threads between the judiciary enforcing the consent
decree and usurpation of executive prerogative.
200
See Rules of Procedure for Environmental Cases, Draft (Feb. 25, 2010), Rule 13 (on file with the Supreme Court
of the Philippines).
201
See Rules of Procedure for Environmental Cases, Draft (Mar. 30, 2010), Rule 13 (on file with the Supreme Court
of the Philippines).
202
Philippine Judicial Academy, Benchbook For Trial Court Judges Preface (2007).
203
Id. at Foreword.
77
Chapter Six
Regional Agreements
6.1. ASEAN Agreement on the Conservation of Nature and Natural Resources
The ASEAN Agreement on the Conservation of Nature and Natural Resources was concluded on 9 July
1985 in Kuala Lumpur, Malaysia. 204 Unfortunately, this Agreement has not been ratified by a sufficient
number of member States to enter into force. At present, only three countries have ratified it, one of which
is the Philippines who did so on 4 September 1986.205
Objectives
The ASEAN Agreement on the Conversation of Nature and Natural Resources recognizes the importance
of preserving the region’s natural resources for present and future generations and their value to science,
culture, society, and the economy. As such, the agreement aims to hold ASEAN signatory-parties
responsible to undertake individual and joint actions for the conservation and management of their living
resources and other natural elements on which they depend on to ensure sustainability of development.
The foremost objective of the ASEAN Agreement is to have the management of these resources
assimilated into the environmental development planning of each signatory-party country.
Obligations
This Agreement has several chapters that reflect a progressive approach to conservation of nature and
natural resource:
a. Chapter 2 of the Agreement focuses on the formulation of a plan and taking necessary measures
to conserve and manage species and ecosystems with the objective of preserving genetic
diversity, promoting sustainable use, protecting endangered and endemic species, preventing soil
erosion and other forms of degradation, and conserving underground and surface water
resources.
b. Chapter 3 of the Agreement deals with the conservation of ecological processes, promoting
environmentally sound practices to prevent environmental degradation and establishing
environmental quality monitoring programs to prevent pollution.
c. Chapter 4 provides for environmental planning measures involving proper use of land,
establishment of protected areas, and undertaking impact assessment systems and procedures.
d. Chapter 5 concerns itself with national supporting measures such as promotion and support of
scientific research, and promotion of education, information, public participation, and training
programs. It also touches on the matter of establishing of an administrative machinery necessary
to implement the provisions of the agreement.
e. Chapter 6 tackles the need for international cooperation. Signatory-Parties to this Agreement are
required to undertake cooperative activities by collaborating with international organizations,
exchanging scientific and technical data, and collaborating on monitoring activities. This Chapter
also deals with sharing resources and transfrontier environmental effects.
204
ASEAN Agreement on the Conservation of Nature and Natural Resources, July 9, 1985
205
ASEAN Agreement on the Conservation of Nature and Natural Resources, July 9, 1985
78
f. Chapter 7 deals with international supporting measures such as meeting of contracting parties,
establishment of the secretariat, and setting up national agencies responsible for coordination
and communication between contracting parties and the secretariat.
The Convention Body created by this Agreement is the ASEAN Working Group on Nature Conservation
and Biodiversity (AWGNCB).
The Philippines, having signed and ratified the Agreement, has incorporated the preservation and
management of natural resources and adoption of several environmental principles in some of its
environmental laws. Below are the laws promulgated after the ratification of the 1985 ASEAN Agreement
on the Conservation of Nature and Natural Resources.
National Integrated Protected Areas System Act of 1992206

(RA 7586)
This Act was enacted to establish integrated protected areas in recognition of the critical importance of
protecting the country’s diverse natural resources in the environment. 207 This reflects Chapters 2 and 4 of
the ASEAN Agreement on the Conservation of Nature and Natural Resources.
Under this Act, the State is mandated to establish protected areas, namely strict nature reserve, natural
park, natural monument, wildlife sanctuary, protected landscapes and seascapes, resource reserve,
natural biotic areas, and other areas established by law. Furthermore, the State must establish
management and conservation policies for these protected areas.
The Implementing Bodies of this Republic Act are the Department of Environment and Natural Resources
(DENR), Protected Areas and Wildlife Bureau (PAWB), and Protected Area and Management Board
(PAMB). The Implementing Rules and Regulations for this Republic Act is the DENR Administrative Order
No. 25, series of 1992.
Philippine Fisheries Code of 1998208

(RA 8550)
This Republic Act was enacted by Congress to protect and conserve the fishing grounds in the country. Its
objective is to achieve food security by limiting access to the fishery and aquatic resources of the
Philippines. It also aims to manage and develop the fishing areas in the country and support the fishery
sector by protecting the rights of fisherfolk. 209 This reflects Chapters 2 and 3 of the ASEAN Agreement on
the Conservation of Nature and Natural Resources.
206
An Act Providing for the Establishment and Management of National Integrated Protected Areas System,
Defining its Scope and Coverage, and for Other Purposes [National Integrated Protected Areas System Act of
1992], Republic Act No. 7586 (1992).
207
PHILIPPINE JUDICIAL ACADEMY, ACCESS TO ENVIRONMENTAL JUSTICE: A SOURCEBOOK ON ENVIRONMENTAL
RIGHTS AND LEGAL REMEDIES 15 (2011).
208
An Act Providing for the Development, Management and Conservation of the Fisheries and Aquatic
Resources, Integrating All Laws Pertinent Thereto, and For Other Purposes [PHILIPPINE FISHERIES CODE OF
1998], Republic Act No. 8550 (1998).
209
79
Under this Act, the State is mandated to utilize and develop management and conservation policies and
allocation systems for fisheries and aquatic resources. This includes the issuance of licenses and permits
for the conduct of fishery activities, protection of rare, endangered, and threatened species, formulation of
a comprehensive post-harvest and ancillary industries plan, and more. The State is also required to
conduct research to develop the country’s aquatic resources.
The Implementing Bodies of this Republic Act are the Department of Agriculture (DA), Bureau of Fisheries
and Aquatic Resources (BFAR), Fisheries and Aquatic Resources Management Councils (FARMCs),
National Fisheries Research and Development Institute (NFRDI). The Implementing Rules and
Regulations for this Republic Act is DA Administrative Order No. 3, May 8, 1998.
Philippine Clean Air Act of 1999210

(RA 8749)
This Republic Act promotes the need for a clean habitat and environment by providing for an integrated
air quality improvement framework. This framework is designed to put into action a management and
control program aimed at reducing emissions and prevent air pollution. The Clean Air Act also provides for
an air quality control action plan, which includes adoption of methods, systems, and measures that shall
ensure air quality control.211 This is in consonance with Chapters 3 and 5 of the ASEAN Agreement on the
Conservation of Nature and Natural Resources.
Under this Republic Act, the State is mandated to establish an air quality management system, an air
pollution research and development program, issue permits necessary for the prevention and abatement
of air pollution, and take action together with other pertinent government agencies in carrying out the
provisions of this Act.
The Implementing Bodies for the Clean Air Act are the Department of Environment and Natural
Resources (DENR) and the Environmental Management Bureau (EMB). The Implementing Rules and
Regulations are found in the DENR Administrative Order No. 2000-81, series of 2000.
Wildlife Resources Conservation and Protection Act212

(RA 9147)
This Republic Act was promulgated to promote ecological balance and enhance biological diversity by
establishing conservation and protection programs of wildlife species and their habitats. It also provides
for a framework aimed at regulating the collection and trade of wildlife and initiation or support of scientific
studies involving the preservation and conservation of biological resources. 213 This complies with
Chapters 2 and 5 of the ASEAN Agreement on the Conservation of Nature and Natural Resources.
Under the Wildlife Resources Conservation and Protection Act, the State is mandated to regulate the
commercial breeding of wildlife resources, identify threatened and endangered species, establish critical
habitats, and issue permits pertaining to the collection or culture of wildlife resources. The State is also
mandated to punish illegal acts, such as killing and destruction of wildlife, destruction of critical habitats,
trading of wildlife, hunting and collecting wildlife or their by-products and derivatives, and more.
210
Philippine Clean Air Act [Philippine Clean Air Act of 1999], Republic Act No. 8749 (1999).
211
PHILIPPINE JUDICIAL ACADEMY, ACCESS TO ENVIRONMENTAL JUSTICE: A SOURCEBOOK ON ENVIRONMENTAL RIGHTS
AND LEGAL REMEDIES 19 (2011).
212
An Act Providing for the Conservation and Protection of Wildlife Resources and their Habitats, Appropriating
Funds Therefor and for Other Purposes [Wildlife Resources Conservation and Protection Act], Republic Act No.
9147 (2001).
213
PHILIPPINE JUDICIAL ACADEMY, ACCESS TO ENVIRONMENTAL JUSTICE: A SOURCEBOOK ON ENVIRONMENTAL RIGHTS
AND LEGAL REMEDIES 17 (2011).
80
The Implementing Bodies for the Wildlife Resources and Protection Act are the Department of
Environment and Natural Resources (DENR), Department of Agriculture (DA), Protected Areas and
Wildlife Bureau (PAWB), and the Bureau of Fisheries and Aquatic Resources (BFAR). Its Implementing
Rules and Regulations can be found in the Joint DENR-DA-PCSD Administrative Order No. 1, May 18,
2004.
Philippine Clean Water Act of 2004214

(RA 9275)
This Republic Act aims to protect, preserve, and revive the quality of our fresh, brackish and marine
waters by promoting environmental strategies and formulating an integrated water quality management
framework for the utilization and development of the country’s water supply. It also provides for the
creation of a comprehensive management program focusing on prevention of water pollution. This
complies with Chapter 2 of the ASEAN Agreement on the Conservation of Nature and Natural Resources.
Under the Philippine Clean Water Act, the State is mandated to establish a water quality management
system, a national sewerage and septage management program, wastewater charge system, and other
measures to prevent water pollution and ensure water quality. The State shall also implement
programmatic compliance with the environmental impact assessment system and establish an
institutional mechanism, under the helm of the Department of Environment and Natural Resources
(DENR), for the implementation of the provisions of this Act.
The Implementing Bodies are the Department of Environment and Natural Resources (DENR), and the
National Water Resources Board (NWRB). The Implementing Rules and Regulations can be found in
Department Administrative Order No. 2005-10.
6.2 ASEAN Agreement on Transboundary Haze Pollution
The ASEAN Agreement on Transboundary Haze Pollution was signed on 10 June 2002 in Kuala Lumpur,
Malaysia. Its entry into force is on 10 November 2003. 215 It was ratified by the Philippines on 8 December
2006.216
Objectives
The objective of the ASEAN Agreement on Transboundary Haze Pollution is to prevent and monitor
transboundary haze pollution as a result of land and/or forest fires, which should be mitigated, through
concerted national efforts and intensified regional and international co-operation. These should be
pursued in the overall context of sustainable development and in accordance with the provisions of this
Agreement.217
Obligations
Signatory-Parties are obligated to cooperate with other ASEAN member countries in developing and
implementing measures to monitor and assess transboundary haze pollution and prevent its occurrence
as a result of land and forest fires. Measures such as early warning systems, assessment systems,
assistance and emergency response, and exchange of technology shall be implemented. In addition,
consultation with other States that are affected by such transboundary haze pollution shall be sought with
214
An Act Providing for a Comprehensive Water Quality Management, and for Other Purposes [Clean Water Act
9275], Republic Act No. 9275 (2004).
215
ASEAN Agreement on Transboundary Haze Pollution, June 10, 2002.
216
ASEAN Agreement on Transboundary Haze Pollution, June 10, 2002.
217
ASEAN Agreement on Transboundary Haze Pollution, Art. 2, June 10, 2002.
81
a view to minimizing the consequences of transboundary haze pollution. Member states are also required
to take legislative, administrative, and other measures to implement their obligations.
For instance, member states, who are signatories to the agreement, undertake to monitor fires and haze
pollution arising from these fires and to take action in putting out the fires. Measures must also be set in
place to prevent and control activities related to the fires. In addition to preventive mechanisms, member
states must also ensure that resources are readily available to mitigate impacts and to communicate data
on fire prone areas. Member states may also request assistance from other member states in the event of
fires and haze pollution and are also obligated to extend their assistance when their assistance is
required. Lastly, member states must develop strategies and response plans to identify, manage, and
control risks to human health and the environment arising from land and/or forest fires and the resulting
haze pollution.
The Convention Body created by this Agreement is the ASEAN Co-ordinating Centre for Transboundary
Haze Pollution Control.
Philippine Clean Air Act of 1999

(RA 8749)
This Republic Act promotes the need for a clean habitat and environment by providing for an integrated
air quality improvement framework. This framework is designed to put into action a management and
control program aimed at reducing emissions and prevent air pollution. The Clean Air Act also provides for
an air quality control action plan, which includes adoption of methods, systems, and measures that shall
ensure air quality control.218 This is in consonance with Chapters 3 and 5 of the ASEAN Agreement on the
Conservation of Nature and Natural Resources.
Under this Republic Act, the State is mandated to establish an air quality management system, an air
pollution research and development program, issue permits necessary for the prevention and abatement
of air pollution, and take action together with other pertinent government agencies in carrying out the
provisions of this Act. In particular, the Department of Environment and Natural Resources is mandated to
prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the
Integrated Air Quality Improvement Framework. It shall also designate non-attainment areas and work to
implement a program that will manage such areas by prohibiting new sources of air pollutants. The
Department shall also impose and collect regular emission fees and implement a system that encourages
industries and motor vehicles to abate, reduce, and prevent pollution. An air quality management fund
shall also be established to finance any containment, removal, or rehabilitation of areas affected by the
acts of the violators of the Clean Air Act. Lastly, the Department also sets fuel and motor vehicle
emissions standards to be observed and followed.
The Implementing Bodies for the Clean Air Act are the Department of Environment and Natural
Resources (DENR) and the Environmental Management Bureau (EMB). The Implementing Rules and
Regulations are found in the DENR Administrative Order No. 2000-81, series of 2000.
Hilarion M. Henares, et al. v. Land Transportation Franchising and Regulatory Board (LTFRB)
218
82
and Department of Transportation and Communications (DOTC)

G.R. No. 158290, October 23, 2006, 505 SCRA 104.
Facts:
Petitioners, in this case, asked the Supreme Court to issue a writ of mandamus ordering respondents
Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation
and Communications (DOTC) to require public utility vehicles (PUVs) to use compressed natural gas
(CNG) as alternative fuel.
Petitioners claim that the emissions from motor vehicles, particularly, public utility vehicles (PUVs), have
caused detrimental effects on health, productivity, infrastructure, and the overall quality of life. All of these
claims were supported by the studies and statistics cited by the Petitioners which showed the health
hazards and other problems caused by motor vehicle emissions. Petitioners propose the use of CNG to
counter the aforementioned detrimental effects of emissions of PUVs. According to petitioners, CNG is a
natural gas comprised mostly of methane which although containing small amounts of propane and
butane is colorless and odorless and considered the cleanest fossil fuel because it produces much less
pollutants. Petitioners assert their right to clean air as basis for their petition for a writ of mandamus to
order the LTFRB to require PUVs to use CNG as an alternative fuel.
The Solicitor General, in his Comment for respondents LTFRB and DOTC, explains that the writ of
mandamus is not the correct remedy. In addition, nothing in R.A. No. 8749 prohibits the use of gasoline
and diesel by owners of motor vehicles. It does not even mention the existence of CNG as alternative fuel
and avers that unless this law is amended to provide CNG as alternative fuel for PUVs, the respondents
cannot propose that PUVs use CNG as alternative fuel. Lastly, it is DENR that is primarily tasked with the
implementation of R.A. No. 8749 and not LTFRB or DOTC.
Ruling:
The Supreme Court ruled that mandamus is not the proper remedy. There is no dispute that under the
Clean Air Act it is the DENR that is tasked to set the emission standards for fuel use and the task of
developing an action plan. As far as motor vehicles are concerned, it devolves upon the DOTC and the
line agency whose mandate is to oversee that motor vehicles prepare an action plan and implement the
emission standards for motor vehicles, namely the LTFRB. Although both the Constitutional provision on
the right of people breathe clean air in a healthy environment and the Clean Air Act are general mandates
that do not specifically enjoin the use of any kind of fuel, particularly the use of CNG, there is an executive
order implementing a program on the use of CNG by public vehicles. Executive Order No. 290, entitled
Implementing the Natural Gas Vehicle Program for Public Transport (NGVPPT), took effect on February
24, 2004. The program recognized, among others, natural gas as a clean burning alternative fuel for
vehicle, which has the potential to produce substantially lower pollutants; and the Malampaya Gas-to-
Power Project as representing the beginning of the natural gas industry of the Philippines. Paragraph 1.2,
Section 1 of E.O. No. 290 cites as one of its objectives, the use of CNG as a clean alternative fuel for
transport. Furthermore, one of the components of the program is the development of CNG refueling
stations and all related facilities in strategic locations in the country to serve the needs of CNG-powered
PUVs. Section 3 of E.O. No. 290, consistent with E.O. No. 66, series of 2002, designated the DOE as the
lead agency (a) in developing the natural gas industry of the country with the DENR, through the EMB
and (b) in formulating emission standards for CNG. Most significantly, par. 4.5, Section 4 tasks the DOTC,
working with the DOE, to develop an implementation plan for "a gradual shift to CNG fuel utilization in
PUVs and promote NGVs [natural gas vehicles] in Metro Manila and Luzon through the issuance of
directives/orders providing preferential franchises in present day major routes and exclusive franchises to
NGVs in newly opened routes…" A thorough reading of the executive order assures us that
implementation for a cleaner environment is being addressed. To a certain extent, the instant petition had
been mooted by the issuance of E.O. No. 290.
Regrettably, however, the plain, speedy and adequate remedy herein sought by petitioners, i.e., a writ of
mandamus commanding the respondents to require PUVs to use CNG, is unavailing. Mandamus is
83
available only to compel the doing of an act specifically enjoined by law as a duty. Here, there is no law
that mandates the respondents LTFRB and the DOTC to order owners of motor vehicles to use CNG.
84
6.3 ASEAN Declaration on Heritage Parks and Reserves
The ASEAN Declaration on Heritage Parks and Reserves was signed on 29 November 1984 in Bangkok,
Thailand. No date for entry into force is reported. On 8 December 2003, the ASEAN Declaration on
Heritage Parks and Reserves was updated and replaced the 1984 Declaration, recognizing 26 heritage
parks and reserves and allowing ratifying states to update the list from time to time based on the criteria
set by the ASEAN Senior Officials on the Environment.
Objectives
The objectives of the ASEAN Declaration is to manage conservation areas 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. The 1984 Declaration also designated 11 heritage parks and reserves in ASEAN
member states who are signatories to the agreement. The 2003 Declaration, on the other hand,
designated 26 heritage parks and reserves around the region.
Obligations
Member states that are parties to the Declaration must establish management plans for the conservation
and management of each park and/or reserve at the national level. This management plan must be in
compliance with the guidelines set by the ASEAN Experts Group on the Environment. The Declaration
also requires common cooperation in the conservation and management of such parks and reserves,
including the setting up of regional conservation and management action as well as establishing regional
mechanisms complementary to and supportive of national efforts at implementation of conservation
measures.
The Convention Bodies created by this Declaration are the ASEAN Group on Nature Conservation
(AGNC)219 and the ASEAN Centre for Biodiversity.
National Integrated Protected Areas System Act of 1992

(RA 7568)
This Republic Act was enacted to establish integrated protected areas in recognition of the critical
importance of protecting the country’s diverse natural resources and their biologically unique features
from an increasing population, exploitation of resources, and industrial advancements. The areas
established possess common ecological values and are environmentally significant for being habitats of
rare and endangered species of plants and animals, and biogeographic zones and related ecosystems,
whether terrestrial, wetland or marine.
The National Integrated Protected Areas System Act of 1992 requires the State to establish protected
areas, namely strict nature reserve, natural park, natural monument, wildlife sanctuary, protected
landscapes and seascapes, resource reserve, natural biotic areas, and other areas established by law.
The following are the current protected areas declared as such by law:
219
ASEAN Regional Center for Biodiversity Conservation, Overview of ASEAN Heritage Parks and Reserves,
available at http://www.arcbc.org.ph/arcbcweb/pdf/vol1no3/49-51_profiles.pdf (last accessed Apr. 2, 2012). This
group was not established under the law. Instead, this group created the guidelines for the selection of protected
areas.
85
(a) RA No. 8978 or the Mt. Kitanglad Range Protected Area Act of 2000;
(b) RA No. 8991 or the Batanes Protected Area Act of 2000;
(c) RA No. 9106 or the Sagay Marine Reserve Law;
(d) RA No. 9125 or the Northern Sierra Madre Natural Park Act of 2001;
(e) RA No. 9154 or the Mt. Kanla-on Natural Park Act of 2001;
(f) RA No. 9237 or the Mt. Apo Protected Area Act of 2003;
(g) RA No. 9303 or the Mt. Hamiguitan Range Wildlife Sanctuary Act of 2004;
(h) RA No. 9304 or the Mt. Malindang Range Natural Park Act of 2004;
(i) RA No. 9486 or the Central Cebu Protected Landscape Act of 2007;
(j) RA No. 9494 or the Mimbilisan Protected Landscape Act;
(k) RA No. 9847 or the Mts. Banahaw-San Cristobal Protected Landscape Act of 2009; and
(l) RA No. 10067 or the Tubbataha Reefs Natural Park Act of 2009. The Tubbataha Reefs Natural
Park Act of 2009.
The State is also mandated to formulate management plans for each protected area to conserve and
rehabilitate habitats, manage diversity, and protect wildlife and other natural resources. Rules and
regulations shall also be promulgated with the aim of implementing the provisions of this Act. A Protected
Area and Management Board (PAMB) shall be created to handle the funds, administration of these areas,
and implementation of relevant policies.
The Implementing Bodies for this Republic Act are the Department of Environment and Natural
Resources (DENR), the Protected Areas and Wildlife Bureau (PAWB), and the Protected Area and
Management Board (PAMB). The Implementing Rules and Regulations for it is found in the DENR
Administrative Order No. 25, series of 1992.
86

Law and Ecology Vol.2 International

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Law and Ecology Vol.2 International

Uploaded by

Copyright:

Available Formats

DRAFT: PLEASE DO NOT CITE OR DISTRIBUTE.

Draft: 11 January 2013

PHILIPPINE LAW AND ECOLOGY

Antonio G.M. La Viña

International Law and Rules of Procedure

PART I: International Environmental Law and Domestic Application 8

PART II: Application of the Rules of Procedure of Environmental Cases

Part 1: International Environmental Law and Domestic Application

1.1. United Nations Framework Convention on Climate Change

October 1994. See http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php

Convention Bodies Created

1.2. Kyoto Protocol

The five principal concepts established by the Kyoto Protocol are:

FCCC/CP/1997/7/Add.1 [hereinafter Kyoto Protocol].

on 16 February 2005. http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php

Convention Bodies Created

Climate Change Act

People’s Survival Fund

(a) Adaptation activities, where sufficient information is available to warrant such

The fund shall be suppletory to any annual appropriations allocated by relevant

National Climate Change Action Plan

Sustainable Energy – to respond to significant changes in demand due to fluctuations in

Clean Air Act

SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following

Ecological Solid Waste Management Act

1.3 18th Conference of the Parties

Vienna Convention for the Protection of the Ozone Layer

“(a) Co-operate by means of systematic observations, research and information exchange in

Convention Bodies Created

Montreal Protocol on Substances that Deplete the Ozone Layer

Convention Bodies Created

Biodiversity and Wildlife Conservation

2.1. Convention on Biodiversity

Convention Bodies Created

Current Working Groups under the CBD are:

The Wildlife Resources Conservation and Protection Act

Diversity, available at: http://www.cbd.int/convention/parties/list/.

2.2. Cartagena Protocol

Furthermore, the shipment of LMOs subject to transboundary movement must be accompanied by

Convention Bodies Created

2.4 Convention on Wetlands, especially as Waterfowl Habitat (Ramsar Convention)

Convention Bodies Created

Contracting Parties, or Member States, of the Ramsar Convention

February 1971. UN Treaty Series No. 14583.

February 1971. UN Treaty Series No. 14583.

February 1971. UN Treaty Series No. 14583.

February 1971. UN Treaty Series No. 14583.

The Standing Committee

The Ramsar Secretariat

The Scientific and Technical Review Panel (STRP)

2. Restoration and ecotourism projects in Haapsalu Noarootsi – Estonia

The Wildlife Resources Conservation and Protection Act

The Philippines has 4 wetlands which are declared Ramsar sites:

Convention Bodies Created

Conference of the Parties

Animal and Plants Committees

993 U.N.T.S. 243

species dominate UN-backed scientific meeting, http://www.cites.org/eng/news/pr/2012/20120321_ac26pr.php

The CITES Appendices

The Wildlife Resources Conservation and Protection Act

i. JOINT DENR-DA-PCSD ADMINISTRATIVE ORDER #01 - Joint Implementing Rules

The Non-Legally Binding Instrument on All Types of Forests

Its purpose is threefold: