Professional Documents
Culture Documents
At the end of the term, the students are expected to have a working know-how of the basic principles,
policies and remedies provided for under existing Philippine environmental laws as well as the
provisions of relevant international covenants, treaties and executive agreements.
Specifically, the course syllabus is devised and planned in such a way as to enable the students to:
understand the basic legal and constitutional concepts that underpin Philippine natural resources and
environmental law; appreciate the natural resources and environmental law governance system of the
Philippines and understand the role of key government agencies and other actors in the system; acquire
knowledge on specific areas of Philippine natural resources and environmental law; learn and apply legal
remedies available for environmental cases using the new rules of procedure; appreciate the linkage
between national laws and international environmental laws; and acquire knowledge on specific
international environmental issues such as climate change and biological diversity, among others.
LEARNING PLAN
LO Week Topic Activities Resources Assessment Tools LO1 1 · Backdrop of the Philippines’
environmental laws and policies · The Philippine Environmental Policy
· The Philippine Environment Code
· Environmental Impact Statement (EIS) System
· Major operational principles of the EIS system
· Environmental Impact Assessment (EIA)
· Environmental Compliance Certificate (ECC)
· Constitutional provisions on environment or ecology
· Other relevant environmental provisions of the 1987 Constitution
A. Preamble
B. The National Territory under Article I
1. Archipelago
2. Territorial waters or Territorial sea
3. Seabed
4. Subsoil
5. Insular shelves
6. Other submarine areas
C. Declaration of Principles and State Policies under Article II
D. Bill of Rights under Article III
1. Right to due process of law
2. Right to privacy
3. Right to access to information
E. Local Government under Article X
1. Local autonomy
LO2 2 F. National Economy and Patrimony under Article XII
1. Efficient use of resources
2. State ownership of natural resources
a. Lands of the public domain
1. Oh Cho vs. Director of Lands, 75 Phil., 890, citing Cariño vs. Insular
Government, 212 U. S. 449, 53 L. ed. 394
2.The Director, Lands Management Bureau vs.Court of Appeals, G.R. No.
112567. February 7, 2000
b. The Regalian doctrine
3.Republic vs. Tri-Plus Corporation, G.R. No. 150000, September 26,
2006, 503 SCRA 91
4. Secretary of the Department of Environment and Natural Resources
vs. Yap, G.R. Nos. 167707 and 173775, October 8, 2008, 568 SCRA 164
3. Classifications of lands of the public domain
4. Specific limits of forest lands and national parks
5.Rights of indigenous cultural communities
6. Social function of the use of property
G. Social Justice and Human Rights under Article XIII
1. Agrarian reform program
2. Rights of subsistence fishermen to preferential use of communal marine and fishing
resources
3. Health care and regulation
4. Rights of women
5. Role and rights of people’s organization
· Environmental and other related laws and policies Submission of Case Digests
Lecture-Discussion
Oral Recitation Library
Computer/ Internet
Books/Case Laws Grading of submitted Case Digests
Graded recitation
118295.
May 2, 1997 )
· Strategic Lawsuits Against Public Participation or SLAPP
· Precautionary principle
· R.A. No. 10654, first law to incorporate the Rules of Procedure for Environmental Cases
ENVIRONMENTAL LAWS AND POLICIES AND THEIR SALIENT PROVISIONS
1.
Presidential Decree No. 705 or the Revised Forestry Code of the Philippines, as amended
A.
R. No. 1 , December 4, 2009, 607 SCRA 377, 391, citing People vs. Tira, G.R. No. 139615, May 28, 2004,
430 SCRA 134
C.
Corpus delicti
G. Possession of timber
16. Villarin vs. People, G.R. No.
D. NO.
Prohibited acts
3. Presidential Decree No. 979 or the Marine Pollution Decree of 1976;
A. Prohibited acts
4.
R. No. 147904, 390 SCRA 495, 500 [2002] 23. National Water Resources Board vs.
A. L. Ang Network, Inc., G.R. No. 186450. April 14, 2010 Submission of Case Digests
Lecture-Discussion
Oral Recitation Library
Computer/ Internet
Books/Case Laws Grading of submitted Case Digests
Graded recitation LO6 6 5.
Presidential Decree No. 1586 or the Decree Establishing an Environmental Impact Statement (EIS)
System Including Other Environmental Management Related Measures and for Other Purposes
A. Environmental Impact Statement (EIS) system
B.
D. No. 1586
26. Republic of the Philippines vs. The City of Davao, 437 Phil. 525 [2002] R.
No.
vs. Laguna Lake Development Authority, G.R. No. 165299, December 18, 2009, 608 SCRA 442
29.
Pacific Steam Laundry, Inc. vs. Laguna Lake Development Authority, G.R. No. 165299.
6969
I. Hazardous substance
J. Hazardous wastes
K. Nuclear wastes
L.
Power of the DENR Secretary to confiscate, impound and impose administrative fines.
M. Ex-Parte Order of confiscation or impoundment.
N. Philippine Inventory of Chemicals and Chemical Substances or PICCS
O. Priority Chemicals List or PPCL
P. Chemical Control Order or CCO
Q. Confidentiality of trade secrets
35.
Republic Act No. 7076 or the People’s Small-Scale Mining Act of 1991
A. Application vis-à-vis R.A. No. 7942
B. Small-scale mining and Small-scale miners defined
36. SR Metals, Inc.
Panel of Arbitrators
F. Mines Adjudication Board (MAB)
G. DENR Secretary’s direct supervision and control over the program and activities of the small-scale
miners
37. League of Provinces vs. DENR, G.R.
Moncayo Integrated Small-Scale Miners Association, Inc. (MISSMA) vs. Southeast Mindanao Gold Mining
Corp., G.R. No. 149638, December 10, 2014 Submission of Case Digests
Lecture-Discussion
Oral Recitation Library
Computer/ Internet
Books/Case Laws Grading of submitted Case Digests
Graded recitation LO9 9 Midterm Examination Library
Computer/ Internet
Books/Case Laws Checking and Grading of Midterm Examination Answer Booklets
Submission of Midterm Grades LO10 10 11. Republic Act No.
7586 or the National Integrated Protected Areas System (NIPAS) Act including all laws, decrees, orders,
proclamations and issuances establishing protected areas
A. NIPAS and Protected areas
B. Categories of protected areas
C. Classifications of protected areas in the Philippines
D. Environmental Impact Assessment (EIA) and Survey for energy resources
39. Resident Marine Mammals of the Protected Seascape Tanon Strait vs.
No. 7076
B. Mining and its stages
C.
Exploration
D.
vs. Ramos , G.R. No. 127882, 1 December 2004, 445 SCRA 1, 228
N. Environmental and safety concerns
13.
Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA)
I.
Secretary of Environment And Natural Resources, G.R. No. 135385. December 6, 2000
VIII. National Commission on Indigenous Peoples (NCIP)
IX. Jurisdiction of the NCIP
44. aen vs.
Caligtan, G.R.
No.
XVIII.
Non-inclusion of ownership by the ICCs/IPs over the natural resources; compliance with the Regalian
doctrine
XIX. Requirements and process of delineation and recognition of ancestral domains
XX. Free and Prior Informed Consent (FPIC)
49. Reyes, R.T.
, J.: Separate Op. in Province of North Cotabato vs. Government of the Republic of the Philippines, G.R.
Philippine waters
D. Continental shelf
E. Objectives of the fishery sector under the Code
F. Prohibitions under the Code
50.
R. No.
Citizen’s suits
N. Strategic Lawsuit Against Public Participation (SLAPP) Submission of Case Digests
Lecture-Discussion
Oral Recitation Library
Computer/ Internet
Books/Case Laws Grading of submitted Case Digests
Graded recitation LO13 13 15. Republic Act No. 8749 or the Clean Air Act of 1999
A. Polluters must pay principle
B.
Greenhouse gases
C. Compressed natural gas (CNG) as alternative fuel
D. Emission defined
E.
G.R. No.
Emission quotas
P. Emission averaging
Q. Air pollution clearances and permits for stationary sources
R.
Solid Waste
B. Ecological solid waste management
C. Solid Waste Management Plan and National Solid Waste Management Framework
D. National Solid Waste Management Commission (NSWMC)
E. Powers and Functions of the National Solid Waste Management Commission
F. National Ecology Center
G.
Discharge permits
G. Financial liability for environmental rehabilitation; setting up of environmental guarantee fund (EGF)
H.
Segovia vs. Climate Change Commission, G.R. No. 211010, March 7, 2017
(9) Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO)
59. Concurring Opinion, Leonen, J.: Arigo vs. Swift, G.R. No. 206510, September 16, 2014
(10) Precautionary Principle
60.
West Tower Condominium Corporation vs. First Philippine Industrial Corporation, G.R. No. 194239, June
16, 2015 Submission of Case Digests
Lecture-Discussion
Oral Recitation Library
Computer/ Internet
Books/Case Laws Grading of submitted Case Digests
Graded recitation LO18 18 Final Examination Library
Computer/ Internet
Books/Case Laws Checking and Grading of Final Examination Answer Booklets
Submission of Final Grades
STUDENT’S OUTPUTS
As evidence of attaining the above learning outcomes, the student is required to do and submit the
following during the indicated dates of the term.
Learning Outcome Required Output LO1 Recitation LO2 Written Tests LO3 Case Digests
COURSE REQUIREMENTS
The student must regularly attend the class.
Active participation in class discussion/oral recitation is required. Each student has to take and pass all
formative (quizzes, written assignments, case digests, reports, etc.) and summative tests (midterm/final
exams). Homework must be submitted the next meeting.
GRADING SYSTEM
Rating periods. The students will be graded for two (2) periods within the semester (midterm and final
rating periods) according to the following:
1.
Class Attendance 15% 2. Participation in Class Discussion / Oral Recitation 15% 3. Individual Formative
Tests, Homework, Case Digests 15% 4. Summative Examination (Midterm and Final Exams) 55% TOTAL
100%
Final Grade. The students will be given their respective final grades based on their average grades (AGs)
in the mid-grading period (1st half of the term) and in the final grading grade (2nd half). The midterm
rating has a weight of 45% and the final grading period accounts for 55% of the final grade.