GARCIA, BENEDICK C.

– NREL-S-2020 – 4:30PM to 7:30PM

NATURAL RESOURCES AND ENVIRONMENTAL

LAW
Final Examination
I

a) What are natural resources?

Sec 2 Article XII of the Constitution provides that the natural resources of the
State are all lands of the public domain, all forces of potential energy, waters,
fisheries, minerals, forests or timber, coal, wildlife, petroleum, flora and fauna,
other mineral oils and other natural resources.

b) What is the importance of natural resources to our country’s national economy

and development?

Minerals, forest products, water, and soil are just a few of the natural resources
that human beings use to produce energy and make use of things. Within a few
years or decades, certain natural resources can be replicated. These are
referred to as renewable resources. If a State have proper management and
use of these resources, it can be a leverage against international trade in the
near future. In addition, current use of natural resources keeps the economy of
a State rolling.

c) Explain the meaning of sustainable development.

It is a principle which is expressed as the obligation to equitably meet

developmental and environmental needs of present and future generations. In
oder words, it is the rational and orderly balance between economic growth and
environmental protection.

d) What is the Regalian doctrine?

It provides that all lands of public domain, including Forest lands, belong to the
state and are not alienable and disposable.

II

a) Who are qualified to engage in the exploration, development and utilization of

the country’s natural resources?

Under the Philippine Constitution, the following are qualified to engage in the
exploration, development and utilization of the country’s natural resources:

1. The state may directly undertake such activities

2. Filipino citizen
3. Corporation or association at least 60% of whose capital is owned by Filipino
citizen.

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b) What are the modes by which the State may undertake the exploration,
development and utilization of the country’s natural resources?

There are four (4) modes of Exploration, Development and Utilization of Natural
Resources which shall be under the full control and supervision of the State,
namely:

I. The state may directly undertake such activities.

II. The state may enter into co-production, joint venture and production sharing
arrangement with
a. Filipino citizen
b. Corporation or association at least 60% of whose capital is owned by
such citizen.

It should not exceed 25 years, renewable for not more than 25 years

III. Congress may, by law, authorize small-scale utilization of natural resources

by Filipino citizen;

IV. The President may enter into agreements with foreign owned corporations
involving either technical or financial assistance for large-scale EDU of
minerals, petroleum, and other mineral oils. It should be based on real
contributions to the economic growth and general welfare of the country. In
such agreements, the State shall promote the development and use of local
scientific and technical resources.

c) Define the Philippine national territory.

Article I of 1987 Constitution provides that 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.

d) Are the poor and marginalized Filipinos given preferential rights in the utilization
of our natural resources?

Yes, Filipino subsistence or marginal fishermen shall have “preferential right”

over use and exploitation of fishery and aquatic resources as provided for
under Sec. 2 Art. XII in relation to Sec. 7 Art. XIII of the 1987 constitution.

III

a) Toto is a third generation member of his family who has been in peaceful
occupation of a portion of the Sierra Made Mountain in Infanta, Quezon. For a

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total of 65 years they have continuously tilled the land where they planted
bananas, pineapples and other root crops. Toto now asks you if he can apply
for the confirmation of his family’s imperfect title to the land.

Your advice.

No, Toto cannot apply for confirmation of his family’s imperfect title. Occupation
in a forest land in the concept of owner, no matter how long, cannot ripen into
ownership and be registered as a title. It is expressly stated in the constitution
that alienable lands of the public domain shall be limited to agricultural lands.
Since the land occupied by Toto is a forest land, therefore, he cannot have
vested right over the property.

b) The Church of Jesus Christ sought approval from the Lands Management
Bureau to purchase a 31.3 sq. meters of an alienable public land where they
will construct a chapel. The Director of LMB denied its application on the
ground that it is a juridical religious entity.

To your mind, is the denial proper?

No, the denial constitutes an abridgement in the freedom of religion. A juridical

entity, regardless of religion, may purchase alienable public land if it is
incorporated in the Philippines or at least 60% of its capital is owned by Filipino
Citizen. Here, the juridical religious entity is not a foreign corporation. Hence,
denial of its application is untenable.

IV

a) Who belongs to Indigenous Cultural Communities/Indigenous Peoples?

Indigenous People refer to a group of people who have continuously lived as

an organized community on communally bounded and defined territory.
Indigenous Cultural Communities/Indigenous Peoples as defined in RA 8371
refers to a group of homogenous societies continuously living as organized
community in a bounded and defined territory. They occupied, possessed and
utilized such territories since time immemorial under a claim of ownership. They
also share common bonds of language, customs, traditions, and other distinct
cultural traits or who have become historically differentiated from the majority of
the Filipinos

b) Summarize the rights of ICCs/IPs under IPRA.

The rights of ICCs/IPs under IPRA can be summarized in the four bundle of
rights, to wit:
1. Rights to Ancestral Domains- Ancestral domains/lands are beyond the
scope of the Regalian doctrine (Jura Regalia)
2. Right to Self-Governance and Empowerment – the State recognizes
the inherent right of ICCs/IPs to self-governance and self-determination
and respects the integrity of their values, practices and institutions.

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Consequently, the State shall guarantee the right of ICCs/IPs to freely

pursue their economic, social and cultural development.
3. Right to Social Justice and Human Rights - the State shall, with due
recognition of their distinct characteristics and identity, accord to the
members of the ICCs/IPs the rights, protections and privileges enjoyed
by the rest of the citizenry.
4. Right to Cultural Integrity - The state shall respect, recognize and
protect the right of the ICCs/IPs to preserve and protect their culture,
traditions and institutions.

c) What are the rights of the Bangsamoro people under the Bangsamoro Basic
Law with respect to the natural resources within its territorial jurisdiction?

Subject to the provisions of the Constitution and national laws, the Bangsamoro
Government and the National Government shall jointly exercise the power to
grant rights, privileges, and concessions over the exploration, development, and
utilization of uranium and fossil fuels such as petroleum, natural gas, and coal in
the territorial jurisdiction of the Bangsamoro.

In addition, the following sharing agreement were made with regard to

Exploration, Development, and Utilization of Natural Resources:

1. Mines and Minerals – 100% revenue goes to the Bangsamoro

Government
2. Uranium and Fossil Fuels (i.e. petroleum, natural gas & Coal) –
comanaged by national and Bangsamoro government

a) What are the environmental issues related to mining operations?

The following are the environmental issues related to mining operations:

•deforestation and destruction of natural habitat

•air pollution (from particles released from mining operations)
•water pollution and contamination (from chemicals and mine tailings)
•soil erosion and formation of sinkholes
•release of harmful gases (such as coal mine methane)
•acid mine drainage

b) Describe small-scale mining as governed by RA. No. 7076.

Small-scale mining refers to mining activities which rely heavily on manual labor
using simple implement and methods and do not use explosives or heavy mining
equipment.

The People's Small-scale Mining Program shall include the following features:

(a) The identification, segregation and reservation of certain mineral lands as people's
small-scale mining areas;
(b) The recognition of prior existing rights and productivity;

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(c) The encouragement of the formation of cooperatives;

(d) The extension of technical and financial assistance, and other social services;
(e) The extension of assistance in processing and marketing;
(f) The generation of ancillary livelihood activities;
(g) The regulation of the small-scale mining industry with the view to encourage growth
and productivity; and
(h) The efficient collection of government revenue.

VI

a) What are the prohibited acts under the Revised Forestry Code of the
Philippines?

The following are the prohibited acts under the Revised Forestry Code:

1. The acts of cutting, gathering, collecting, or removing of timber or other

products without license.
2. Possession of Timber or other products without legal documents required
under existing forest laws and regulations.
3. Unlawful occupation or destruction of forest lands
4. Pasturing Livestock without authority
5. Illegal occupation of national parks system and recreation areas and
vandalism
therein.

b) Discuss the objectives, scope and coverage of the National Greening Program.

A program seeking to plant some 1.5 billion trees covering about 1.5 million
hectares for a period of 6 years from 2011 to 2016, in lands of the public
domain These lands include forestlands, mangrove and protected areas,
ancestral domains, civil and military reservations, and urban areas.
VII

a) What is “wildlife?” Discuss how the country’s wildlife resources may be

conserved and preserved?

Wildlife means wild forms and varieties of flora and fauna, in all developmental
stages, including those, which are in captivity or are being bred or propagated.

The conservation and preservation of the ecosystem or the habitat of each

wildlife must be at the heart of the heart of the country’s action. In addition, the
classification of threatened species must be regularly updated by the DENR to
monitor the population of each species and consequently prevent extinction.
Furthermore, the exploitation of wild animals must be prohibited and regulated.

b) What are the protected areas under the NIPAS? Give one example for each
category.

The law has established the following categories of protected areas:

a. Strict nature reserve (Caluit Safari Park, Busuanga, Palawan);

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b. Natural park (Subterranean River National Park, Puerto Princesa, Palawan);

c. Natural monument ( Chocolate Hills, Bohol);
d. Wildlife Sanctuary (Tawi-twai);
e. Protected landscapes and seascapes (Siargao);
f. Resource reserve (Agno river Basin);
g. Natural biotic areas(Mapid, Lagonoy, Camarines Sur); and
h. Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory.

VIII

a) What are the underlying principles under the Water Code?

a. All waters belong to the State.

b. All waters that belong to the State cannot be the subject to acquisitive
prescription.
c. The State may allow the use or development of waters by administrative
concession.
d. The utilization, exploitation, development, conservation and protection of
water resources shall be subject to the control and regulation of the government
through the National Water Resources Council, hereinafter referred to as the
Council.
e. Preference in the use and development of waters shall consider current
usages and be responsive to the changing needs of the country.

b) What is meant by beneficial use of water?

The use of water resulting in appreciable gain or benefit to the user, consistent
with state law, which varies from one state to another. The following are
recognized as beneficial use in the Philippines:
 domestic and municipal uses
 irrigation
 power generation
 fisheries
 livestock raising
 industrial uses

c) What is the order of preference in the appropriation of water?

The following is the order of preference in the use of water:

1. domestic and municipal uses
2. irrigation
3. power generation
4. fisheries
5. livestock raising
6. industrial uses

d) What is a water right? When is a water permit not necessary in order to

appropriate water?

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Water right is a privilege to appropriate and use water. Permit is not necessary
in the following instances:

a. Appropriation of water by means of hand-carried receptacles;

b. Bathing or washing, watering or dipping of domestic or farm animals,
and navigation of watercrafts or transportation of logs and other objects
by flotation.
IX

a) Eric is the owner of the land where a spring originates, and the water from said
spring continuously flow to the lower estate owned by Jack. Can Jack capture
and collect the water that flows inside his land by constructing a water
impounding dam without the consent of Eric? Discuss.

No, Jack cannot create an impounding dam without securing a water right.
Under the law, for the construction and maintenance of the works and facilities
needed for the beneficial use of the waters to be appropriated subject to the
requirements of just compensation and to the following conditions:

a. That he is the owner, lessee, mortgagee or one having real right over the
land upon which he proposes to use water; and
b. That the proposed easement is the most convenient and the least onerous to
the servient estate.

Here, Jack is the owner of the land to which the water from the spring falls.
Thus, he can apply permit for the beneficial use of the water.

b) Loboc River in Bohol is a navigable river. Mang Tani operates a floating

restaurant catering to local and foreign tourists while plying the distance of the
river. Does Mang Tani need a water right for the use of the river for his private
business? Discuss.

Yes, Mang Tani must secure a water right. His purpose of plying the distance of
the river is not for navigation or transportation but for business which must be
regulated by the local authorities.

a) A British Water Company entered into a contract with a local government unit in
Cebu with the following undertakings.

1. Source development – to tap a river as source of water.

2. Construction of a water treatment plant.
3. To engage in water distribution within the LGU’s territorial jurisdiction.

Determine if the said foreign company can undertake all of the described
activities.

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No, undertaking such activities is violative of the Constitution. Under the

Philippine Constitution, a foreigner is not qualified to engage in the exploration,
development and utilization of the country’s natural resources. Here, the British
Company is a foreign corporation. Thus, all the desired activities cannot be
undertaken.

b) What is a watershed? How important is it to our water supply?

An area drained by a river and its tributaries and enclosed by a boundary or

divide which separates it from adjacent watersheds. A land area drained by a
stream or fixed body of water and its tributaries having a common outlet for
surface runoff. It is of public knowledge that watersheds serve as a defense
against soil erosion and guarantee the steady supply of water.

XI

a) What is the State’s objective in the creation of the Laguna Lake Development
Authority?

To manage, develop and transform the Laguna de Bay Region into a vibrant
economic zone through conservation of lake basin resources and good
governance with the participation of empowered and responsible stakeholders.

b) What are the areas included in the Laguna Lake Region?

The Laguna de Bay Region refers to the provinces of Rizal and Laguna and the
cities of San Pablo, Manila, Pasay, Quezon and Caloocan. The cities of Makati,
Mandaluyong and the town of San Juan, Metro manila are not included.

c) A factory in Pasig City was found to be disposing untreated wastewater into

Laguna Lake and causing pollution to the lakewater. May the LLDA issue an
ex-parte cease and desist order? Explain.

Yes, LLDA may issue an ex parte cease and desist order. Improper wastewater
disposal is a violation under Republic Act 9275 or the Philippine Clean Water
Act of 2004 and could be a ground for closure of the establishment and its
wastewater facilities.

XII

a) What is meant by municipal waters?

These are bodies of water within the municipality which is not included within
the protected areas, 15km from coastline.

b) What is the archipelagic doctrine?

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It states that all waters around, between and connecting different islands
belonging to the Philippine Archipelago, irrespective of their width or dimension,
are necessary appurtenances of its land territory, forming an integral part of the
national or inland waters, subject to the exclusive sovereignty of the Philippines.

c) What is poaching?

It is the unlawful act of fishing or operating a fishing vessel in the Philippine

waters by any foreign person, corporation or entity.

d) Does the LGU OF Cardona, Rizal have the power to grant fishing privilege to its
fisherfolks?

Yes, the Local Government Unit may grant fishing privileges for revenue
purposes.

XIII

The Province of Palawan, through an ordinance, prohibited the “catching, gathering,

possessing, buying, selling and shipment of live fish and lobsters,” for a period of five
years. The LGU cites the Local Government Code to justify its measure of
protecting the environment. On the other hand, the affected fisherfolks alleged that
they were deprived of their means of livelihood and occupation, and for that reason,
the LGU of Palawan violated their constitutional right, as provided under Section 2,
Art. XII.

Is the ordinance valid? Explain.

Yes, the ordinance is valid.

In a case decided by the Supreme Court, the “preferential right” of the

subsistence/marginal fishermen is NOT ABSOLUTE, since in accordance with the
Regalian Doctrine, exploration and use of natural resources shall be under full
control and supervision of the state.

Here, there is a public interest being protected by the local government. It is the
sustainable development and protection of the environment to prevent its
degradation. Thus, the ordinance is valid.

XIV

a) What is pollution?

It is the introduction by man, directly or indirectly, of substances or energy into

the environment resulting to deleterious effects of such nature as to endanger
human health, harm living resources and ecosystems, and impair or interfere
with amenities and other legitimate uses of the environment.

b) Discuss the significance of Article XII, Section 2, 1987 Constitution.

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Article XII, Section 2, 1987 Constitution primarily to lay stress on duty of the
state to protect the nation’s wealth. In addition, exploration and utilization of
natural resources shall be under full control and supervision of the state.

XV

a) What are the causes of pollution of the Manila Bay?

The bay was dumped with plastics from the residential areas surrounding it
and the chemicals from the factory that releases its wastewater to the bay.
Moreover, overexploitation of resources, illegal and destructive fishing, habitat
destruction, pollution, siltation and sedimentation, uncontrolled development
and the conflicting use of limited available resources cause pressures on the
bay.

b) What are the causes of air pollution?

The causes of air pollution can come from natural and man-made sources.
Natural sources of pollution include dust carried by the wind from locations with
very little or no green cover, gases released from the body processes of living
beings (Carbon dioxide from humans during respiration, Methane from cattle
during digestion, Oxygen from plants during Photosynthesis). On the other
hand, man-made pollution sources include power generation, vehicles,
agriculture/waste incineration, industry and building heating systems. Smoke
features as a prominent component. The smoke emitted from various forms of
combustion, like in biomass, factories, vehicles, furnaces, etc. In low- and
middle-income countries, mostly burning fuels such as dung, coal and wood in
inefficient stoves or open hearths produces a variety of health-damaging
pollutants. These include carbon monoxide, methane, particulate matter (PM),
polyaromatic hydrocarbons (PAH) and volatile organic compounds (VOC).

c) What is ODS?
The ODS or the ozone-depleting substances are split into two groups under the
Clean Air Act: Class I ODS, such as chlorofluorocarbons (CFCs), and Class II
ODS, such as hydrochlorofluorocarbons (HCFCs).
These substances are effective ozone-depleters for two reasons. The first is that
they do not break down in the lower atmosphere. The second is that they contain
either/both chlorine and/or bromine and thus help the natural reactions that
destroy ozone. Once they reach the stratosphere, ultraviolet (UV) radiation
breaks up these molecules into chlorine (for example, from CFCs, methyl
chloroform, or carbon tetrachloride) or bromine (for example, from halons or
methyl bromide) which, in turn, break up ozone (O3).

d) What do you know about organic farming?

It is an integrated farming system that strives for sustainability, the
enhancement of soil fertility and biological diversity while, with rare exceptions,
prohibiting synthetic pesticides, antibiotics, synthetic fertilizers, genetically
modified organisms, and growth hormones.
XVI

a) Explain briefly the following terms:

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1. Aquifer – a layer of water-bearing rock located underground that transmits

water in sufficient quantity to supply pumping wells or natural springs.
2. Effluent - means discharge from known sources which is passed into a
body of water or land, or wastewater flowing out of a manufacturing plant,
industrial plant including domestic, commercial and recreational facilities.
3. Hazardous waste - means any waste or combination of wastes of solid
liquid, contained gaseous, or semi-solid form which cause, of contribute to,
an increase in mortality or an increase in serious irreversible, or
incapacitating reversible illness, taking into account toxicity of such waste,
its persistence and degradability in nature, its potential for accumulation or
concentration in tissue, and other factors that may otherwise cause or
contribute to adverse acute or chronic effects on the health of persons or
organism.
4. Pollutant - shall refer to any substance, whether solid, liquid, gaseous or
radioactive, which directly or indirectly:

a. alters the quality of any segment of the receiving water body to affect or
tend to affect adversely any beneficial use thereof;

b. is hazardous or potential hazardous to health;

c. imparts objectionable odor, temperature change, or physical, chemical

or biological change to any segment of the water body; or

d. is in excess of the allowable limits, concentrations, or quality standards

specified, or in contravention of the condition, limitation or restriction
prescribed in this Act.
5. Septage - the sludge produced on individual onsite waste water disposal
systems, principally septic tanks and cesspools.
6. Sewerage - includes, but is not limited to, any system or network of
pipelines, ditches, channels, or conduits including pumping stations, lift
stations and force mains, service connections including other
constructions, devices, and appliances appurtenant thereto, which
involves the collection, transport, pumping and treatment of sewage to a
point of disposal.
7. Wastewater - waste in liquid state containing pollutants.
8. Sudge - any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control
pollution facility, or any other such waste having similar characteristics and
effects.

b) Describe the role of the Pollution Adjudication Board.

The pollution adjudication board adjudicates all environmental cases. However,

the powers and functions with respect to adjudication of pollution cases does
not preclude LLDA from assuming jurisdiction of pollution cases within its area
of responsibility and to impose fines as penalty.

XVII

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Pursuant to the Philippine Disaster Risk Reduction and management Act of 2010,
one of the stated policies is to: (a) Uphold the people’s constitutional rights to life
and property by addressing the root causes of vulnerabilities to disasters,
strengthening the country’s institutional capacity for disaster risk reduction and
management and building the resilience of local communities to disasters including
climate change impacts.

1) What is a disaster?
a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses
and impacts, which exceeds the ability of the affected community or
society to cope using its own resources. Disasters are often described as
a result of the combination of: the exposure to a hazard; the conditions of
vulnerability that are present; and insufficient capacity or measures to
reduce or cope with the potential negative consequences.

2) What are the impacts of disaster?

Disaster impacts may include loss of life, injury, disease and other
negative effects on human, physical, mental and social well-being,
together with damage to property, destruction of assets, loss of services,
Social and economic disruption and environmental degradation.

3) What do you understand by “zero casualty”?

Zero casualty means that no person or animals were injured during a
happening of a disaster or similar circumstances. It means everybody
must not only live but must also have equal chances during disasters.

4) Are LGUs’ authorized to declare a state of calamity within their territorial

jurisdiction?
Yes, the declaration and lifting of the state of calamity may also be issued
by the local sanggunian, upon the recommendation of the LDRRMC,
based on the results of the damage assessment and needs analysis.

XVIII

Climate change represents the most serious, most pervasive environmental threat
that the world faces.

Make a thorough discussion about your understanding of climate change.

The climate change has been evident in the past years. It is characterized by
the increasing temperature in the earth surface. Scientists found that the
warmer temperature is caused by the greenhouse effect or the warming that
results when the atmosphere traps heat radiating from Earth toward space.
Certain gases trap the heat in the atmosphere preventing it from escaping. The
number one cause of the greenhouse effect is the burning of fossil fuels like
coal and oil because it increases the concentration of carbon dioxide. On the
other hand, even the clearing of land for agriculture, industry, and other human
activities has increased concentrations of greenhouse gases but to a lesser
extent.

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With the climate change at its onset, the NASA believed that it would result to
loss of sea ice, accelerated sea level rise and longer, more intense heat waves.
These extensive changes in our environment does not only harm the
environment itself but more so to the animals and people inhabiting in it. Thus,
without the participation of all states in view of protecting and conserving the
environment, the earth would come to extinction.
XIX

a) What is a citizen’s suit?

It is a suit filed by any citizen may for appropriate civil, criminal or administrative
action in the proper court against:

1. Any person who violates or fails to comply with the provision of the Clean Air
Act

2. The Department or other implementing agencies with respect to orders, rules

and regulations issued inconsistent with Clean Air Act.

3. Any public officer who willfully or grossly neglects the performance of an act.

b) What is a SLAPP?
Where a suit is brought against a person who filed a Citizen suit against any
person, institution or government agency that implements a law complained
about, it shall be the duty of the investigating prosecutor or the court, as the
case may be, to immediately determine within 30 days, whether the said legal
action has been filed to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining.

c) What is precautionary principle?

It means that 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.

d) Do animals have legal standing to sue in cases directly affecting their habitats?

No. In Resident Marine Mammals vs Angelo Reyes, the held that persons and
entities are recognized both in law and the Rules of Court as having standing to
sue and, therefore, may be properly represented as real parties in interest. The
same cannot be said about animals.

XX

a) Under the procedural rules in environmental cases, is a motion to dismiss a

prohibited pleading?
Yes, motion to dismiss is a prohibited pleading. Under Sec2, Rule 2 of rules of
procedure for environmental cases, a motion to dismiss the complaint is not
allowed.

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b) Explain your understanding of a Writ of Kalikasan and a Writ of Continuing

Mandamus.
The Writ of Kalikasan is a remedy accorded to when the constitutional right to a
balanced and healthful ecology is violated, or threatened with violation by an
unlawful act or omission of a public official or employee, or private individual or
entity, involving environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.

The Writ of Continuing Mandamus is 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.

 End 

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