Amb. Amado S. Tolentino, Jr.

San Beda Alabang School of Law

Natural Resources and Environmental Law

An impediment to real progress on the environmental front is a dearth of

indigenous or local lawyers educated in the ways in which law can be used as a
tool for environmental protection/sustainable development. San Beda Alabang
School of Law joins the colleges and universities in the Philippines that
incorporate environmental law into its curriculum. The end in view is to make
available to law students a pioneering source of creative legal thinking with
respect to environmental challenges as they prepare for their ultimate goal of law
practice.

A three (3) unit course with class meeting thrice a week (or once a week for
three (3) hours), the course will use the following syllabus. Apart from the use of
reference books, selected applicable legal decisions of the Philippine Supreme
Court will be taken up to better understand in-depth the different areas of
coverage of environmental law. Likewise, various published articles on the
different environmental law concerns are also required reading.

The teaching methods will include lectures, recitations, role plays, debates,
case studies and internet research exercises. To lessen the heavy reading load of
students, panel and discussion methods will also be in use. Later, field trips to, for
example, environment-oriented government agencies, fish canning factories,
laboratories, coastal areas, etc. will be resorted to for hands-on learning. At the
middle of the semester, a paper on an environmental legal problem or a specific
legal issue affecting the Philippine environment is required for submission.

NATURAL RESOURCES AND ENVIRONMENTAL LAW

S Y L L A B U S

*Introduction to Environmental Law

References:

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 “Environmental Governance: Sustainable Development through
Environmental Law,” San Beda Law Journal, Vol xlvii March 2010

1987 Philippine Constitution; PD 1151 (Philippine Environment Policy) 1977;

PD 1152 (Philippine Environment Code (1977).

CASES:

Minors Oposa et al v Secretary of DENR et al 224 SCRA 792 (GR 1013083, July 30,
1993).

Resident Marine Mammals of the Protected Seascape Tanon Strait, e.g. toothed
whales, dolphins, porpoises and other cetacean species, joined in and
represented herein by human beings Gloria Estenzo Ramos, et al vs. Sec. Angelo
Reyes et al (GR NO 180771 April 24, 2012).

MMDA vs Concerned Citizens of Manila Bay (GR Nos. 171947 & 948 December
2008).

Prince Hotel vs GSIS 67 SCRA 40 (February 3, 1997).

SUPPLEMENTAL/ADDITIONAL READINGS

“A new global human right: In defense of nature fighters” Manila Times (MT) 14
April 2018

“Coming up: The legal rights of nature” Manila Times (MT) 29 June 2019

“Nature diplomacy: Why not turn Korea’s DMZ into a nature of peace park ?”
Manila Times (MT) 1 February 2020

“Science and environmental Law: Do it as it is” Manila Times (MT) 29 February

2020

“From health care law to public health law to global health law” Manila Times
(MT) 18 April 2020

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“Science diplomacy vis-à-vis biodiversity loss, climate crisis, pandemics” Manila
Times (MT) 5 September 2020

“Covid-19: Global challenge, global solution” (MT) 14 November 2020

“Generation pandemic” (MT) 26 December 2020

*ROLE OF ENVIRONMENTAL INSTITUTIONS IN ENVIRONMENTAL

ADMINISTRATION

Department of Environment & Natural Resources (DENR) and Regional Offices;

Environmental Management Bureau (EMB); Forest Management Bureau (FMB);
Lands management Bureau (LMB); Bureau of Mines and Geosciences (BMG);
Biodiversity Management Bureau (BMB); Ecosystem Research and Development
Bureau (ERDB).

Department of Health (DOH); Department of Agriculture (DA); Department of

Education, Culture and Sports (DECS); Department of Tourism (DOT); Department
of Trade and Industry (DTI); Department of Public Works and Highways (DPWH);
Philippine national Police (PNP); Department of Interior and Local Governments
(DILG); Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAG-ASA), etc.

POLLUTION ADJUDICATION BOARD (PAB) (EO 192 (1987) on DENR Re-

organization and PAB)

Decided Cases: PAB vs CA & Solar Textile Manufacturing Corp. (GR 93891 March
11, 1991); Principe vs. Fact-Finding & Intelligence Bureau (GR No. 145973 January
23, 2002

Laguna Lake Development Authority (LLDA) RA 4850; EO 927

Case: LLDA vs CA (GR 120865-71December 7, 1995

RA 7611 (An Act Adopting the Strategic Plan for Palawan) 1992
Case: Tano vs Socrates 278 SCRA 154 (1997)

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*ENVIRONMENTAL IMPACT ASSESSMENT (EIA) – PD 1586 (June 11, 1978),
Presidential Proclamation 2146 (1979), (For the EIA process, please visit
www.eia.emb.gov.ph)

Cases:

RP vs. City of Davao 388 SCRA 691 (2002)

Technology Developers Inc vs. CA 193 SCRA 147 (1991)
Bangus Fry Fisherfolk Vs. Lanzanas RR No. 131442 (July 10,2003)

*POLLUTION CONTROL

Clean Air Act RA 8749 (1999); Clean Water Act RA 9275 (2004); Ecological Solid
Waste Management Act RA 9003 (2001); Toxic Substances Control Act RA 6969
(1990)

Supplemental Readings: (1) “Noise: Sick of Sound ?” MT 6 & 7 October 2018; (2)
“Rainwater: An insufficiently recognized resource ?” MT 28 July 2018; (3) Plastic
Wastes: Improving approach, changing behavior ? MT 15 June 2019; (4) No more
waste imports: Now the local garbage challenge” MT 31 August 2019

*CONSERVATION AND MANAGEMENT OF NATURAL RESOURCES

National Integrated Protected Areas Act RA 7586 (1992); Wildlife Act RA 9147
(2001); Fisheries Code (RA 8550 (1998); Mineral Resources Conservation Act
RA 7942 (1995); People’s Small Scale Mining Program RA 7076 (1991); Forestry
Reform Code PD 705 (1975); Indigenous People’s Rights Act (IPRA) (RA 8371

*CLIMATE CHANGE/ENERGY LAW

Climate Change Act (RA 9729) (2009); People’s Survival Fund Act (RA 10174)
(2009); Renewable Energy Act (RA 915) (2008); Biofuels Act (RA 9367) (2006);
Rainwater Collection Facilities and Spring Water Collection Law (RA 6716)
(1989); National Disaster Risk Reduction Management Coordinating Council
(RA 10121) (2010)

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 For further readings:

“Rethinking climate change and health of nature,” Manila Times 27 March

2021
“Climate refugees: A global problem” Manila Times 31 October 2020

“New energy in ASEAN” Manila Times 26 November 2017

“New course to steer: Wetlands in the legal agenda for disaster resilience”
Bedan Review May 2019 Vol VII

“Seeking freshwater in times of climate change crisis,” Manila Times, 30 April

2016, p.5

“Manila under water by 2050” by Jaime Yambao, Manila Times, 21 December

2019

“Pope Francis vis-à-vis earth stewards, Manila Times, 8 August 2015.

* WRIT OF KALIKASAN

Writ of kalikasan, Supreme Court Rules of Procedure for Environmental Cases

(Promulgated 13 April 2010. Effective 29 April 2010)

Cases:

West Tower Condominium Corp. vs First Philippine Industrial Corp (GR No.
194239 May 31, 2011 & Nov 21, 2011)

Las Pinas-Paranaque Protected Area (LLPCHEA) (Ms. Cynthia Villar)

(“From the stands” by Domini M. Torrevillas, Phil. Star 22 Oct 2013)
http://www.philstar.com.opinion/2013/10/22/1247969/cynthia-villar-vs-
reclamation

*IMPLEMENTATION AND ENFORCEMENT OF PHILIPPINE ENVIRONMENTAL LAW

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*ASEAN Environmental Law
“Law: Enriching Asean environmental governance” MT 2 February 2019

“An Asean Identity,” Manila Times, 22 March 2014

Introduction to ASEAN (i.e. as a regional aggrupation, “Asean Way,” (Asean

environment program, Asean structural organization)

Supplemental Readings:
“Changing concept of sovereignty over natural resources,” Manila Times, 6 July
2013
“Common sovereignty over transboundary natural resources, MT 29 June 2013
“Sovereignty as a responsibility in the Asean,” MT 2 Nov 2013

“The Asean Way vis-à-vis Covid-19 and ASF” 15 Feb 2020

“Asean diplomacy put to the test: The challenge of Covid-19” 14 March 2020

“Alarming online wildlife trade in Asean” MT 10 Oct 20

* * Asean Agreement on Transboundary Haze Pollution Control

* *Asean Agreement on the Cooperation for the Sustainable Development of
the Mekong River Basin (1995)

Readings:

“Rethinking dams for development vis-à-vis Asean shared waters” MT 23

November 2019
“Revisiting the Mekong River,” Manila Times 20 February 2021

Additional readings: (1) “Asean transboundary protected areas: Directions” MT 16

Feb 2019; (2) “Asean green lungs: Heritage parks: MT 16 April 2019; (3) “Asean
Environment: wetlands for disaster resilience” Manila Times 27 May 2017

* *Asean Agreement on Disaster Management and Emergency Response”

(ADMER)

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(2009)
“Legal strategy for disaster resilience in Asean” MT 28 Sept 2019
“Asean: Better, faster disaster reliefs,” Manila Times, 7 February 2015
“Environmental refugees: Quickly spreading”, Manila Times, 16 June 2015

*ASEAN environmental security

“Sovereignty vis-à-vis environmental security,” Manila Times, 24 June 13

“Asean environmental security concerns,” Manila Times, 4 October 2015.

“Asean changed security environment,” Manila Times, 19 December 15.
“Asean: Defense evolves in uncertainties,” Manila Times, 23 July 16.

“Maritime ‘convulsions’ in the Asean seas,” Manila Times, 26 May 15.

“Asean naval interoperability” MT 4 February 2017

For further readings:

(1)“Asean Sea Region: sea of constraint or sea of environmental

cooperation ?”Manila Times, March 11, 1017 (2) Prospects of refugees in Asean “
MT 21 July 2019

*International Environmental Law

Cases:
Trail Smelter Arbitration (UK v Canada) 33 & 35 American Journal of
Environmental Law
Corfu Channel Case (UK v Albania) 1949 ICJ 4

Environmental Law Principles

-The Proposed Global Pact for the Environment (2017)
“Legal Planet – A Global Green Pact ?” Manila Times 5 Aug 2017
-“An aspiration: Formal UN recognition of the right to a healthy environment”
MT 6 June 2020

UN Convention on the Law of the Sea (UNCLOS)

Part XII (Protection and Preservation of the Marine Environment)

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Annex VII (Arbitration)
- “Marine areas beyond national jurisdiction: Where to ? MT 4 Jan 2020
- “Reflections on landlocked states” MT 19 Jan 2020

*International Environmental Organizations

UN, UNESCO, WHO, ILO, ICJ, UNEP, UNDP, WMO, IMO, UNESCAP, IAEA, etc.

Aarhus Convention on Access to Information, Public Participation and Access to

Justice on Environmental Matters (1998)

MULTILATERAL ENVIRONMENTAL AGREEMENTS:

UN Framework Convention on Climate Change ((UNFCC)

Paris Agreement (on reduction of greenhouse gas emission) 2015

World Heritage Convention (WHC); Ramsar Convention on Wetlands, Convention

on Biological Diversity (CBD), Convention on International Trade in Endangered
Species of Fauna and Flora (CITES); Basel Convention on Transboundary
Movement of Hazardous Wastes, Rotterdam Convention on the Prior Informed
Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade; Stockholm Convention on Persistent Organic Chemicals
(POPs); Minamata Convention on Mercury

*UNEP Guidelines on Compliance with and Enforcement of Multilateral

Environmental Agreements (MEAs) (2006)

** Armed Conflict and the Environment

“Armed Conflict and the Environment: Legal Perspectives,” Philippine Law Journal
(UP), Vol.8, No.3, February 2007
- “Global security crisis: War or pandemic ?” MT 28 March 2020
- “Biological weapons convention vs. bioterrorism” MT 25 April 2020

**Proposed International Court for the Environment

“A World Tribunal to Protect the Environment ? Premises, Opportunities,
Obstacles,” Philippine Law Journal (UP), Vol.79, No.4., February 2005.

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- “Ecocide as international crime,” Manila Times, 15 May 2021