G.R. Nos.
171947-48             December 18, 2008 3.) MWSS (Metropolitan Waterworks and
METROPOLITAN MANILA DEVELOPMENT
AUTHORITY vs.
CONCERNED RESIDENTS OF MANILA BAY
Violation of the following:
(1) Respondents’ constitutional right to life,
health, and a balanced ecology;
(2) The Environment Code (PD 1152);
(3) The Pollution Control Law (PD 984);
(4) The Water Code (PD 1067);
(5) The Sanitation Code (PD 856);
(6) The Illegal Disposal of Wastes Decree (PD
825);
(7) The Marine Pollution Law (PD 979);
(8) Executive Order No. 192;
(9) The Toxic and Hazardous Wastes Law
(Republic Act No. 6969);
(10) Civil Code provisions on nuisance and
human relations;
(11) The Trust Doctrine and the Principle of
Guardianship; and
(12) International Law
Agencies involved in the Manila Bay Clean-up:
1.) DENR (Department of Environment and
Natural Resources) under Executive
Order No. (EO) 192, is the primary
agency responsible for the conservation,
management, development, and proper
use of the country’s environment and
natural resources [the lead agency in
cleaning up Manila Bay] - to install,
operate and maintain waste facilities to
rid the bay of toxic and hazardous
substances.
2.) DILG (Department of the Interior and
Local Government), in exercising the
President’s power of general supervision and
its duty to promulgate guidelines in
establishing waste management programs
under Sec. 43 of the Philippine Environment
Code (PD 1152) – to direct all LGUs in Metro
Manila, Rizal, Laguna, Cavite, Bulacan,
Pampanga, and Bataan to inspect all
factories, commercial establishments, and
private homes along the banks of the major
river systems in their respective areas of
jurisdiction
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Sewerage System) - directed to install,
operate and maintain adequate [sewerage]
treatment facilities in strategic places under
its jurisdiction and increase their capacities.
4.) LWUA (Local Water Utilities
Administration) under PD 198 has the power
of supervision and control over local water
districts - see to it that the water districts
under its wings, provide, construct and
operate sewage facilities for the proper
disposal of waste.
5.) PPA (Philippine Ports Authority) under
Sec. 2 of EO 513 - to prevent and also to
treat the discharge not only of ship-
generated wastes but also of other solid and
liquid wastes from docking vessels that
contribute to the pollution of the bay.
6.) MMDA (Metro Manila Development
Authority) pursuant to Sec. 3(d), RA 7924 is
authorized to perform metro-wide services
relating to "flood control and sewerage
management” - to establish, operate and
maintain an adequate and appropriate
sanitary landfill and/or adequate solid waste
and liquid disposal as well as other
alternative garbage disposal system such as
re-use or recycling of wastes.
7.) DA (Department of Agriculture) pursuant
to the Administrative Code of 1987 (EO
292) is designated as the agency tasked to
promulgate and enforce all laws and
issuances respecting the conservation and
proper utilization of agricultural and fishery
resources. [Through the Bureau of Fisheries
and Aquatic Resources] - to revitalize the
marine life in Manila Bay and restock its
waters with indigenous fish and other aquatic
animals.
8.) DBM (Department of Budget and
management) - to provide and set aside an
adequate budget solely for the purpose of
cleaning up and rehabilitation of Manila Bay.
9.) DPWH (Department of Public Works and
Highways) as the engineering and
construction arm of the national government,
is tasked to remove and demolish structures
and other nuisances that obstruct the free
flow of waters to the bay. These nuisances
discharge solid and liquid wastes which
eventually end up in Manila Bay. As the
construction and engineering arm of the
government, DPWH is ordered to actively
participate in removing debris, such as
carcass of sunken vessels, and other non-
biodegradable garbage in the bay.
10.) DOH (Department of Health) under
Article 76 of PD 1067 (the Water Code), is
tasked to promulgate rules and regulations
for the establishment of waste disposal areas
 that affect the source of a water supply or a
reservoir for domestic or municipal use - to
closely supervise and monitor the operations
of septic and sludge companies and require
them to have proper facilities for the
treatment and disposal of fecal sludge and
sewage coming from septic tanks.
10.) DECS, now The Department of
Education (DepEd), under the Philippine
Environment Code (PD 1152), is mandated to
integrate subjects on environmental
education in its school curricula at all levels -
to inculcate in the minds and hearts of the
people through education the importance of
preserving and protecting the environment.
11.) PCG (Philippine Coast Guard) in
accordance with Sec. 5(p) of PD 601, or the
Revised Coast Guard Law of 1974, and Sec. 6
of PD 979, or the Marine Pollution Decree of
1976, shall have the primary responsibility of
enforcing laws, rules, and regulations
governing marine pollution within the
territorial waters of the Philippines. And
Pursuant to RA 6975, the PNP Maritime
Group was tasked to "perform all police
functions over the Philippine territorial waters
and rivers." - to protect at all costs the
Manila Bay from all forms of illegal fishing.
ENVIRONMENTAL LAW LECTURE
January 18, 2021
 Constitutional Provisions involving the
environment:
1. Article 1, National Territory - 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.
2. Article 2, Section 15 - The State shall
protect and promote the right to health of the
people and instill health consciousness among
them.
3. Article 2, Section 16 - The State shall
protect and advance the right of the people to
a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
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4. Article 12, Section 2 - All lands of the public
domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned
by the State. With the exception of agricultural
lands, all other natural resources shall not be
alienated. The exploration, development, and
utilization of natural resources shall be under
the full control and supervision of the State. The
State may directly undertake such activities, or
it may enter into co-production, joint venture,
or production-sharing agreements with Filipino
citizens, or corporations or associations at least
sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a
period not exceeding twenty-five years,
renewable for not more than twenty-five years,
and under such terms and conditions as may be
provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial
uses other than the development of water
power, beneficial use may be the measure and
limit of the grant.
The State shall protect the nation’s marine wealth in
its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers,
lakes, bays, and lagoons.
The President may enter into agreements with
foreign-owned corporations involving either technical
or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum,
and other mineral oils according to the general terms
and conditions provided by law, 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.
The President shall notify the Congress of every
contract entered into in accordance with this
provision, within thirty days from its execution.
Environmental Justice - the fair treatment and
meaningful involvement of all people regardless of
race, color, national origin or income with respect to
the development, implementation, and enforcement
of environmental laws, regulations and policies. 
 INTERNATIONAL AGREEMENTS AND
CONVENTIONS INVOLVING THE
ENVIRONMENT:
1. 1972 Stockholm Declaration - The foundation
of modern international environment law. This
was the first widely accepted international effort to
address environmental issues. The 1972 United
Nations Conference on Environment in Stockholm
was the first world conference to make the 
environment a major issue. The participants
adopted series of principles for sound management
of environment including the Stockholm declaration
and action plan for the human environment
2. 1992 United Nations Conference on the
Environment and Development (UNCED) - led
to the RIO Declaration on environment and
development, as well as the agenda 21. Agenda
21 is the generation's international blueprint
on environment. Agenda 21 was adopted by the
participating governments of the world in the
United Nations conference on environment and
development. It was in June 1992 in Rio de Janeiro,
Brazil. Essentially, Agenda 21 details an action plan
for sustainable development and establishes
targets for actions that combine economic
development and environmental protection.
We also have Philippine Agenda 21, the Philippines'
commitment to the UNCED.  the ocean's surface and floors, it does not provide air
[Sustainable development is a combination of
economic development and environmental
protection.]
3. United Nations Conference on the Law of
the Sea or UNCLOS - also called as the Law of
Sea Convention. It is the International Agreement
that resulted from the Third United Nations
Conference on the Law of the Sea which took place
between 1973 and 1982. Essentially, this is a series
of conferences. There were representations from
over 160 countries. The UNCLOS defines the rights
and responsibilities of nations with respect to their
use of the words 'oceans' establishing guidelines for
businesses, the environment, and the management
of marine natural resources. It also created the
exclusive economic zone, a 'sui generis' maritime
space.
DEFINITION OF TERMS:
1. Based line - from which the territorial sea is
measured, it is the low water line along the coast.
It is important because it is from the based line
where we reckon the measurement of the other
zones, including the territorial sea and the other
zones. Take note of R.A 9522, March 10 2009, it is
an act to define the archipelagic based line of the
Philippines and for other purposes. R.A 9522
contains geographic coordinates, the location,
latitude, and longitude.
2. Internal water - include waters on the side of the
baseline of a nation's territorial waters that is
facing toward the land, except in archipelagic
states. Some of these are such as lakes, rivers, tide
waters. There is no right of innocent passage
through internal waters.
3. Territorial Sea - everything from the based to a
limit not exceeding 12 nautical miles, it is considered
to be the State's territorial sea. The rights pertaining
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to the territorial sea extend not only in the surface
but also the seabed and subsoil as well as vertically
to air space. Even though it is also considered as
exclusive jurisdiction of coastal states, meron din
naman rights of limited passage by other states
especially if innocent passage or in transit. Although,
there is no right of innocent passage for aircraft
flying through air space above the coastal state's
territorial sea. The basis of 12 nautical miles is the
distance of a cannon shot fired from the shore.
4. Contiguous zone - States may also establish a
contiguous zone from the outer edge of the territorial
seas to a maximum of 24 nautical miles from the
based line. The purpose of contiguous zone is to
bolster a state's law enforcement capacity. The state
has the right to prevent and punish infringement of
fiscal immigrations, sanitary, and customs laws
within its area. Unlike the territorial sea, the
contiguous zone only gives jurisdiction to a state on
and space rights.
5. Exclusive Economic Zone - an area beyond and
adjacent to the territorial sea: it can extend to a
maximum 200 nautical miles from the baselines.
Within the EEZ, a coastal State enjoys sovereign
rights over its natural resources. It can exercise its
jurisdiction over certain activities for the purpose,
among others, of protecting the environment, but it
is also obliged to respect the rights of other States
(UNCLOS). In this zone, the coastal state has the
exclusive right to exploit or conserve any resources
found within the water, on the sea floor or under the
sea floor subsoil. These resources encompass both
the living resources, such as fish, and non living
resources, such oil and natural gas. States also have
the right to engage in offshore energy generation
from the waves, currents and wind within their
exclusive economic zone. EEZ does not give the
coastal state the right to prohibited or limit freedom
of navigation or overflight, although subject to very
limited exceptions. 
Philippine-China Sea Dispute Award
In unanimous award dated July 12, 2016, on the
compulsory arbitration instituted by the Philippines,
against the People's Republic of China, the
permanent court of arbitration declared that certain
sea areas like the Spratly islands, and Scarborough
shoal are within the exclusive economic zone of the
Philippines because those areas are not overlapped
by any impossible entitlement of China. 
China averred to have a map which contains a 9-
dash-line, and this 9-dash-line, as claimed by China,
to have historic rights  to the resources within the
sea areas falling within the 9-dash-line. 
But, the tribunal found that China has violated the
Philippine sovereign rights in EEZ by:
(1) first interfering with Philippine Fishing and
Petroleum exploration, (2) constructing artificial
lands, and (3) failing to prevent Chinese fishermen
from fishing in the zone, The tribunal also held that
fishermen from the Philippines had traditional fishing
rights as Scarborough shoal and that China has
interfered with this rights in restricting access.  two or more cities or provinces.
The issue here is who will implement the award?
What are the modes for its enforcement? Some
experts would suggest to bring it up in the
conferences. This is what we cannot answer yet, it is
still a continuing problem.
In relation to the Scarborough shoal, let me point out
the case of Monica A. Abogado et al v. DENR, G.R
No. 246209 | September 3, 2019.
The SC issued a writ of kalikasan on Scarborough
shoal on May 3, 2019 to protect, preserve and
rehabilitate, and to restore marine environment
in Scarborough shoal also known as the Panatag
Shoal including the Panganiban Reef (Mischief Reef),
and Ayungin Shoal. The court granted for the
issuance of a writ of kalikasan by petitioners Monica
A. Abogado et al, in order to prevent violations of
Philippine Environmental Laws in the Philippine
waters and the Philippines' exclusive economic zone.
The petitioners are members of the "KALAYAAN
PALAWAN FARMERS AND FISHERFOLK
ASSOCIATION" who are members of the fisherfolk
community in the municipality of Kalayaan, Palawan.  employee, or private individual or entity; and (3) the
"Cases involving the public interest which seek to
protect the marginalized and oppressed deserve
more attention from their lawyers as compared with
any other case. Those who have the least deserve to
have more in law" -Justice Leonen
Although the Court granted a writ of kalikasan,
subsequently, there were supposed to be several oral
arguments, but the counsel for the petitioners filed a
motion to withdraw because on the grounds of
procedural issues such as "na ang petitioners hindi
sila nag issue ng affidavit". In this case, the Court
sternly warned the counsel for petitioners na kaya
nga may intro na they should be  more attentive, or
nakipag-coordinate sila sa petitioners nila since this
involves a public interest. For purposes of EnviLaw,
ang concern natin is "Writ of Kalikasan" because we
are already in EEZ, which mentions the Scarborough
Shoal. So, this case involves rehabilitation protection
and restoration of Scarborough shoal and the other
shores and reef. When you read the case, focus on
the discussion on the writ of kalikasan.
Monica A. Abogado et al v. DENR
G.R No. 246209 | September 3, 2019
The nature of a writ of kalikasan is stated in Rule 7,
Section 1 of the Rules of Procedure for Environmental
Cases:
SECTION 1. Nature of the writ. — The writ is a
remedy available to a natural or juridical person,
entity authorized by law, people's organization, non-
governmental organization, or any public interest
group accredited by or registered with any
government agency, on behalf of persons whose
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
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prejudice the life, health or property of inhabitants in
Paje v. Casiño discusses the scope of the writ and
the reliefs that may be granted under it:
The writ is categorized as a special civil action and
was, thus, conceptualized as an extraordinary
remedy, which aims to provide judicial relief from
threatened or actual violation/s of the constitutional
right to a balanced and healthful ecology of a
magnitude or degree of damage that transcends
political and territorial boundaries. It is intended "to
provide a stronger defense for environmental rights
through judicial efforts where institutional
arrangements of enforcement, implementation and
legislation have fallen short" and seeks "to address
the potentially exponential nature of large-scale
ecological threats."
Under Section 1 of Rule 7, the following requisites
must be present to avail of this extraordinary
remedy: (1) there is an actual or threatened violation
of the constitutional right to a balanced and healthful
ecology; (2) the actual or threatened violation arises
from an unlawful act or omission of a public official or
actual or threatened violation involves or will lead to
an environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in
two or more cities or provinces.
Expectedly, the Rules do not define the exact nature
or degree of environmental damage but only that it
must be sufficiently grave, in terms of the territorial
scope of such damage, so as to call for the grant of
this extraordinary remedy. The gravity of
environmental damage sufficient to grant the writ is,
thus, to be decided on a case-to-case basis.
If the petitioner successfully proves the foregoing
requisites, the court shall render judgment granting
the privilege of the writ of kalikasan. Otherwise, the
petition shall be denied. If the petition is granted, the
court may grant the reliefs provided for under
Section 15 of Rule 7, to wit:
Section 15. Judgment. — Within sixty (60) days from
the time the petition is submitted for decision, the
court shall render judgment granting or denying the
privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are
the following:
(a) Directing respondent to permanently cease and
desist from committing acts or neglecting the
performance of a duty in violation of environmental
laws resulting in environmental destruction or
damage;
(b) Directing the respondent public official,
government agency, private person or entity to
protect, preserve, rehabilitate or restore the
environment;
(c) Directing the respondent public official,
government agency, private person or entity to
monitor strict compliance with the decision and
orders of the court;

(d) Directing the respondent public official,

government agency, or private person or entity to
make periodic reports on the execution of the final
judgment; and

(e) Such other reliefs which relate to the right of the

people to a balanced and healthful ecology or to the
protection, preservation, rehabilitation or restoration
of the environment, except the award of damages to
individual petitioners.
It must be noted, however, that the above
enumerated reliefs are non-exhaustive. The reliefs
that may be granted under the writ are broad,
comprehensive and non-exclusive.

Thus, a writ of kalikasan is an extraordinary remedy

that "covers environmental damages the magnitude
of which transcends both political and territorial
boundaries."72 The damage must be caused by an
unlawful act or omission of a public official, public
employee, or private individual or entity. It must
affect the inhabitants of at least two (2) cities or
provinces.

 INTERNATIONAL AGREEMENTS AND

CONVENTIONS INVOLVING THE
ENVIRONMENT
4. Vienna Convention for the Protection of
Ozone Layer - It was concluded in 1985. It is a
framework agreement in which states to agree to
adopt appropriate measures to prevent activities
that harm the ozone layer. 

5. Montreal Protocol - for the protection of ozone

layer

6. Copenhagen Accord - The world's develop

countries and biggest developing countries
agreed for the first time to put limits on their
green house emissions.

7. U.N Framework Convention on Climate

Change - This agreement binds the government
to take action to avoid dangerous climate change
but does not specify what actions.

8. Basel Convention - treaty designed to reduce

the movement of hazardous waste between
nations and to prevent transfer of hazardous
waste from developed to less developed
countries.

9. Paris Summit - The governments of more than

119 nations including the Philippines gathered in
Paris from November 20 - December 11, 2015 to
hammer out new global agreements aimed at
reducing global green house gas emissions and
thus avoiding the worst impacts of climate
change by limiting global warming to well below
2 degrees celsius. The agreement was ratified by
the Philippines in April 2016. 

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