Environment and Natural Resources Law TEXT NOTES and CASES Full

ENVIRONMENT AND NATURAL RESOURCES LAW TEXT, NOTES AND CASES FULL

Environment and RA 9003, Ecological Solid Waste Management Act of

2000 23
Natural Resources Law 019 Province of Rizal v Executive Secretary (2005)
26
Preliminary Considerations RA 3931, PD 984, Sec 13 of EO 192, The Pollution
Adjudication Board 29
Survey of Environmental Laws 020 Public Hearing Committee of the LLDA v SM
Prime Holdings, Inc (2010) 30
Rules of Procedure for 021 Estrada v CA, et al (2004) 30
022 Republic v Marcopper (2000) 31
Environmental Cases 023 Shell Philippines Exploration BV v Jalos (2010)
33
024 Mead v Argel (1982) 33
Text, Notes and Cases Pollution Adjudication Board Flowchart 35
025 PAB v CA (1991) 36
TABLE OF CONTENTS PD 1151 Philippine Environmental Policy and PD No
1586 Establishing an Environmental Impact Statement
System 36
I. Preliminary Considerations 3 RA 7076, People’s Small-scale Mining Act of 1991 40
A. Definition of Terms 3 026 SR Metals, Inc v Reyes, 179669 (2014) 40
B. Environmental Law, in general 3 027 League of Provinces v DENR, 175368 (2013) 42
Nature and Purpose of Environmental Laws in the 028 Moncayo Integrated Small-scale Miners
Philippines 3 Association v Southeast Mindanao Gold Mining
Association, 149638 (2014) 43
001 West Tower Condominium v First Philippine
Industrial Corporation (2015) 3 Midterm Pointers 44
b) Kinds of Environmental Laws 4 RA 7942, Philippine Mining Act of 1995 51
C. Basic Structure of Enforcement of Environmental Laws in 029 People v Naguiat, 134209 (2006) 51
the Philippines 4
030 Republic v CA and Dela Rosa, L-43938 (1988)
1. The DENR 4 51
Mines and Geosciences Bureau 4 031 Miners Association of the Philippines v
002 Benguet Corporation v Leviste (1991) 5 Factoran, 98332 (1995) 52
003 Apex Mining Co v Garcia (1991) 6 032 La Bugal-B’laan Tribal Association, Inc v
004 Atlas Mining v CA (1990) 7 Ramos, 127882 (2004 Decision and Resolution) 52
Benguet Corporation v Leviste, supra (2) 7 033 Yinlu Bicol Mining Corporation v Trans-Asia Oil
and Energy Development Corporation, 207942
005 Industrial Enterprises, Inc v CA (1990) 7 (2015) 53
Apex Mining Co v Garcia, supra (3) 8 034 Atok Big-Wedge Mining Co v IAC, 63528 (1996)
Forest Management Bureau 8 53
006 Lagua v Cusi (1988) 8 035 Medrana v Office of the President, 85904
007 Sunville Timber Products Inc v Abad (1992) 8 (1990) 53
008 Paat v CA (1997) 8 036 Narra Nickel Mining and Development
Corporation v Redmont Consolidation, 202877
Land Management Bureau 9
(2015) 54
009 Mari v Sec of Agriculture and Natural
037 Basiana Mining Exploration Corporation v
Resources (1952) 9
DENR Secretary, 191705 (2016) 57
Biodiversity Management Bureau 10
038 Celestial Nickel Mining Exploration Corporation
Environmental Management Bureau 10 v Macroasia Corporation, 169080 (2007) 57
National Mapping and Resource Information Authority 039 Didipio Earth-Savers Multipurpose Association
(NAMRIA) 11 v Gozun, 157882 (2006) 59
010 Republic v T.A.N. Properties (2008) 11 040 La Bugal-B’laan Tribal Association, Inc v
Laguna Lake Development Authority (LLDA) 12 Ramos, 127882 (2004 Resolution) 59
011 Universal Robina v LLDA (2011) 12 041 Pearson v IAC, 74454 (1998) 61
012 LLDA v CA, et al (1994) 12 042 Gonzales v Climax Mining, Ltd, 161957 (2005)
013 Pacific Steam Laundry, Inc v LLDA (2009) 13 62
043 Gonzales v Climax Mining, Ltd, 161957 (2007
II. Brief Survey of Environmental Laws in the Philippines 13 Resolution) 62
A. Constitutional Basis 13 044 Asaphil Construction v Tuason, 134030 (2006)
014 Oposa v Factoran (1993) 14 63
015 Kilosbayan Inc v Morato (1995) 14 045 Carpio v Sulu Resources, 148267 (2002) 63
B. Survey of Relevant Substantive Environmental Law 15 PD 705, Revised Forestry Code of the Philippines 64
RA 8749, Philippine Clean Air Act 15 046 Ysmael v Deputy Executive Secretary, 79538
(1990) 64
016 AC Enterprises v Frabelle Properties (2006) 16
047 Ruzol v Sandiganbayan, 186739-960 (2013) 64
017 Henares v LTFRB (2006) 18
048 Aquino v Municipality of Malay, Aklan, 211356
018 Technology Developers, Inc v CA (1991) 20
(2014) 65
RA 9275, Philippine Clean Water Act 21 049 Yngson v Secretary of Agriculture, L-36847
(1983) 65

Based on Agcaoili, Syllabus of Felongco 2018-19 RGL 1 of 88


050 Republic v CA and Carantes, 56948 (1987) 65

051 Republic v CA and Bernabe, L-40402 (1987) 65
052 Tan v Director of Forestry, L-24548 (1983) 66
Ysmael v Deputy Executive Secretary, supra 67
III. Rules of Procedure for Environmental Cases 69

1. Scope and Application 69
2. Civil Procedure 70
Legal Standing and Citizen Suits 70
054 Osmena v Garganera, 231164 (2018) 70
055 International Service for the Acquisition of
Agri-Biotech Applications v Greenpeace SEA Phils,
209271 (2015) 70
056 Resident Marine Mammals v Reyes, 180771
(2015) 70
Pleading and Practice (Rules 2 to 5) 71
Judgment and Execution 71
Reliefs in a Citizen Suit 72
057 MMDA v Concerned Residents of Manila Bay,
171947-48 (2008) 72
3. Special Civil Action 72
Writ of Kalikasan (Rule 7) 72
058 Paje v Casino, 207257 (2015) 72
059 Arigo v Swift, 206510 (2014) 75
Writ of Continuing Mandamus (Rule 8) 76
4. Criminal Action 76
060 Philippine Rabbit Bus Lines v CA, 147703
(2004) 78
5. Provisional Remedies 79
Temporary Environmental Protection Order (TEPO) 79
061 Lago v Abul, RTJ-10-2255 (2011) 79
062 WT Construction, Inc v DPWH, 163352 (2007)
79
063 Hernandez v NAPOCOR, 145328 (2006) 79
064 Alvarez v PICOP Resources, 162243 (2006) 80
Temporary Restraining Order and Preliminary Injunction
80
6. Strategic Lawsuit Against Public Participation 80
7. Evidence 81
065 Mosqueda v Pilipino Banana Growers and
Exporters, 189185 (2016) 81
Prefinal Pointers 82



I. Preliminary Considerations 001 West Tower Condominium v First Philippine Industrial

Corporation (2015)
A. Definition of Terms ● Petition for the Issuance of a Writ of Kalikasan filed
Environment following the leak in the oil pipeline owned by First
Philippine Industrial Corporation (FPIC) in Makati City.
- Surrounding air, water (both ground and surface), land,
flora, fauna, humans and their interrelations. (Sec 3[c], ● In May 2010, a leakage from one of the pipelines was
DENR AO 2003-03) suspected after the residents of West Tower
Condominium (WestTower) started to smell gas within
- the physical factors of the total surroundings of human
the condominium.
beings, including the land, water, atmosphere, climate,
sound, odors, tastes, the biological factors of animals ● In their petition, petitioners prayed that respondents
and plants and the social factors of aesthetics. In a FPIC and its board of directors and officers, and First
broad sense, it shall include the total environment of Gen Corporation (FGC) and its board of directors and
human beings such as economic, social, cultural, officers be directed to: (1) permanently cease and desist
political and historical factors. (Sec 5[z], DENR AO from committing acts of negligence in the performance
2010-21) of their functions as a common carrier; (2) continue to
check the structural integrity of the whole 117-kilometer
Actors in Environmental Law:
pipeline and to replace the same; (3) make periodic
- Environment reports on their findings with regard to the 117-kilometer
- Human Beings pipeline and their replacement of the same; (4)
- The State rehabilitate and restore the environment, especially
Barangay Bangkal and West Tower, at least to what it
was before the signs of the leak became manifest; and
B. Environmental Law, in general (5) to open a special trust fund to answer for similar and
future contingencies in the future.
a) Nature and Purpose of Environmental Laws in the
● The Court issued the Writ of Kalikasan with a Temporary
Philippines
Environmental Protection Order (TEPO).

● To expedite the resolution of the controversy, the Court
Secs 1, 2, PD 1151, Philippine Environmental Policy remanded the case to the Court of Appeals (CA).
Section 1. Policy. It is hereby declared a continuing policy of ISSUES
the State 1. Whether petitioner West Tower Corp. has the legal
(a) to create, develop, maintain and improve conditions capacity to represent the other petitioners and whether
under which man and nature can thrive in productive the other petitioners, apart from the residents of West
and enjoyable harmony with each other, Tower and Barangay Bangkal, are real parties-in-interest;
(b) to fulfill the social, economic and other requirements 2. Whether a Permanent Environmental Protection Order
of present and future generations of Filipinos, and should be issued to direct the respondents to perform or
to desist from performing acts in order to protect,
(c) to insure the attainment of an environmental quality preserve, and rehabilitate the affected environment;
that is conducive to a life of dignity and well-being.
3. Whether a special trust fund should be opened by
respondents to answer for future similar contingencies;
Section 2. Goal. In pursuing this policy, it shall be the
and
responsibility of the Government, in cooperation with
concerned private organizations and entities, to use all 4. Whether FGC and the directors and officers of
practicable means, consistent with other essential respondents FPIC and FGC may be held liable under the
considerations of national policy, in promoting the general environmental protection order.
welfare to the end that the Nation may HELD
(a) recognize, discharge and fulfill the responsibilities of 1. Petitioners as Real Parties-in-Interest. As defined, a
each generation as trustee and guardian of the real party-in-interest is the party who stands to be
environment for succeeding generations, benefited or injured by the judgment in the suit, or the
(b) assure the people of a safe, decent, healthful, party entitled to the avails of the suit. There can be no
productive and aesthetic environment, quibble that the oil leak from the WOPL affected all the
condominium unit owners and residents of West Tower.
(c) encourage the widest exploitation of the environment
There can also be no denying that West Tower Corp.
without degrading it, or endangering human life,
represents the common interest of its unit owners and
health and safety or creating conditions adverse to
residents, and has the legal standing. The filing of a
agriculture, commerce and industry,
petition for the issuance of a writ of kalikasan under
(d) preserve important historic and cultural aspects of Sec. 1, Rule 7 of the Rules of Procedure for
the Philippine heritage, Environmental Cases does not require that a petitioner
(e) attain a rational and orderly balance between be directly affected by an environmental disaster. The
population and resource use, and rule clearly allows juridical persons to file the petition on
behalf of persons whose constitutional right to a
(f) improve the utilization of renewable and
balanced and healthful ecology is violated, or threatened
non-renewable resources.
with violation.
2. The CA observed that all of these tests and measures
are inconclusive and insufficient for purposes of leak
detection and pipeline integrity maintenance. Hence,
considering the necessary caution and level of



assurance required to ensure that the WOPL system is Environmental Policy, embody the purpose of our environmental
free from leaks and is safe for commercial operation, laws.
the CA recommended that FPIC obtain from the DOE a This policy espouses the need for a balance between resource
certification that the WOPL is already safe for exploitation and environmental protection to promote the general
commercial operation. welfare of the people. Environmental protection is a necessary
The dissent’s contentions that the case is already moot means to increase the chances of the human species to subsist.
and academic, that the writ of kalikasan has already Inhibiting an activity, especially one recognized for its role in
served its function, and that the delay in the lifting of the commerce, has drawbacks. Although it may ensure that no risk of
TEPO may do more harm than good are anchored on the harm to the environment will directly result from the activity, it
mistaken premise that the precautionary principle was can also unjustifiably deprive the public of its benefits. Inhibiting
applied in order to justify the order to the DOE and the pipeline activities, for example, may deprive the public of the
FPIC for the conduct of the various tests anew. The benefits of an oil transport system that can deliver more products
following reasons easily debunk these arguments: at a given time and to a wider area, compared to other modes of
1. The precautionary principle is not applicable to distributing oil such as through roads or rails. This will slow down
the instant case; oil distribution along the production and distribution chains.
2. The DOE certification is not an absolute Therefore, it will have a significant negative impact on
attestation as to the WOPL’s structural integrity commerce.
and in fact imposes several conditions for
FPIC’s compliance; b) Kinds of Environmental Laws
3. The DOE itself, in consultation with FPIC and
(1) Domestic
the other concerned agencies, proposed the
activities to be conducted preparatory to the (a) Constitution
reopening of the pipeline; and (b) Statutory
4. There are no conclusive findings yet on the (c) IRRs
WOPL’s structural integrity. (d) Procedural
Section 1, Rule 20 of A.M. No. 09-6-8-SC or the Rules (2) International
of Procedure for Environmental Cases, on the
Precautionary Principle, provides that “[w]hen there is C. Basic Structure of Enforcement of Environmental
lack of full scientific certainty in establishing a causal Laws in the Philippines
link between human activity and environmental effect,
1. The DENR
the court shall apply the precautionary principle in
resolving the case before it.” a) Creation and History
According to the dissent, the directive for the repetition i) 1837-1898 Spanish Royal Decrees
of the tests is based on speculations, justified by the ii) General Order No 31 of 1900
application of said principle. This, however, is not the
iii) Act No 2665 of 1916
case. Nowhere did We apply the precautionary principle
in deciding the issue on the WOPL’s structural integrity. iv) CA 136 of 1934
The Court deems it best to take the necessary v) PD 461 of 1974
safeguards, which are not similar to applying the vi) EO 768 of 1982
precautionary principle as previously explained, in order
vii) EO 131 of 1987
to prevent a similar incident from happening in the
future. viii) EO 192 of 1987
3. Anent petitioners’ prayer for the creation of a special ix) EO 292 of 1987
trust fund, We note that under Sec. 1, Rule 5 of the b) Organizational Structure and Powers and Functions
Rules of Procedure for Environmental Cases, a trust i) Title XIV, Revised Administrative Code of 1987
fund is limited solely for the purpose of rehabilitating or
restoring the environment. The prayer is for the creation ii) Office of the Secretary
of a trust fund for similar future contingencies.This is 1) Environment and Natural Resources
clearly outside the limited purpose of a special trust Offices
fund. (a) Provincial ENRO (PENRO);
4. The Court will refrain from ruling on the finding of the CA Community ENRO (CENRO)
that the individual directors and officers of FPIC and (i) Sec 484, Local
FGC are not liable due to the explicit rule in the Rules of Government Code
Procedure for Environmental cases that in a petition for
a writ of kalikasan,the Court cannot grant the award of iii) Mines and Geosciences Bureau
damages to individual petitioners under Rule 7, Sec. 1) Organization
15(e) of the Rules of Procedure for Environmental
2) Functions, Authority and Jurisdiction:
Cases.

DISSENT OF J. LEONEN
Sec 16, Chapter 3, Title XIV, EO 292, s 1987
The purpose of our environmental laws is to maintain or create
conditions that are conducive to a harmonious relationship SECTION 16. Mines and Geo-Sciences Bureau. — The Mines
between man and nature. Environmental laws protect nature and and Geo-Sciences Bureau, to be headed by a Director and
the environment from degradation while taking into account assisted by an Assistant Director shall absorb the functions of
people’s needs and general welfare. Sections 1 and 2 of the the Bureau of Mines and Geo-Sciences, Mineral Reservations
Presidential Decree No. 1151, otherwise known as the Philippine Development Board, and the Gold Mining Industry



Development Board which were abolished by Executive Order Section 14. Recording System - There shall be established a
No. 131, except line functions and powers thereof which are national and regional filing and recording system. A mineral
transferred to the regional field offices. resource database system shall be set up in the Bureau which
It shall advise the Secretary on matters pertaining to geology shall include, among others, a mineral rights management
and mineral resources exploration, development, utilization system. The Bureau shall publish at least annually, a mineral
and conservation and shall: gazette of nationwide circulation containing among others, a
current list of mineral rights, their location in the map, mining
(1) Recommend policies, regulations or programs pertaining to rules and regulations, other official acts affecting mining, and
mineral resources development and geology; other information relevant to mineral resources development.
(2) Advise the Secretary on the granting of mining rights and A system and publication fund shall be included in the regular
contracts over areas containing metallic and non-metallic budget of the Bureau.
mineral resources;
Section 67. Power to Issue Orders - The mines regional
(3) Advise the Regional Offices on the effective director shall, in consultation with the Environmental
implementation of mineral development and conservation Management Bureau, forthwith or within such time as
programs as well as geological surveys; specified in his order, require the contractor to remedy any
(4) Recommend policies, regulations and oversee the practice connected with mining or quarrying operations, which
development and exploitation of mineral resources of the sea is not in accordance with safety and anti-pollution laws and
within the country's jurisdiction such as silica sand, gold regulations. In case of imminent danger to life or property, the
placer, magnetic and chromite sand, etc; mines regional director may summarily suspend the mining or
quarrying operations until the danger is removed, or
(5) Assist in the monitoring and evaluation of the Bureau's
appropriate measures are taken by the contractor or permittee.
programs and projects to ensure efficiency and effectiveness
thereof;
(6) Develop and promulgate standards and operating Sec 77, RA 7942 - Passed March 3, 1995
procedures on mineral resources development and geology;
(7) Supervise and control the development and packaging of Section 77. Panel of Arbitrators. There shall be a panel of
nationally applicable technologies on geological survey, arbitrators in the regional office of the Department composed
mineral resource assessment, mining and metallurgy; the of three (3) members, two (2) of whom must be members of
provision of geological, metallurgical, chemical and rock the Philippine Bar in good standing and one a licensed mining
mechanics laboratory services; the conduct of marine engineer or a professional in a related field, and duly
geological and geophysical survey and natural exploration designated by the Secretary as recommended by the Mines
drilling programs; and and Geosciences Bureau Director. Those designated as
members of the panel shall serve as such in addition to their
(8) Perform such other functions as may be provided by law or
work in the Department without receiving any additional
assigned by the Secretary.
compensation As much as practicable, said members shall
come from the different bureaus of the Department in the
region. The presiding officer thereof shall be selected by the
Sec 7, PD 1281 - Took effect 16 January 1978 drawing of lots. His tenure as presiding officer shall be on a
yearly basis. The members of the panel shall perform their
Section 7. In addition to its regulatory and adjudicative
duties and obligations in hearing and deciding cases until their
functions over companies, partnerships or persons engaged in
designation is withdrawn or revoked by the Secretary. Within
mining exploration, development and exploitation,
thirty (30) working days, after the submission of the case by
development and exploitation, the Bureau of Mines shall have
the parties for decision, the panel shall have exclusive and
original and exclusive jurisdiction to hear and decide cases
original jurisdiction to hear and decide on the following:
involving:
a. Disputes involving rights to mining areas;
(a) a mining property subject of different agreements
b. Disputes involving mineral agreements or permits;
entered into by the claim holder thereof with several
c. Disputes involving surface owners, occupants and
mining operators;
claimholders/concessionaires; and
(b) complaints from claimowners that the mining d. Disputes pending before the Bureau and the
property subject of an operating agreement has not Department at the date of the effectivity of this Act.
been placed into actual operations within the period
stipulated therein; and
(c) cancellation and/or enforcement of mining contracts
due to the refusal of the claimowner/operator to 002 Benguet Corporation v Leviste (1991)
abide by the terms and conditions thereof.
● At issue in this petition for certiorari and prohibition with
All actions and decision of the Director of Mines on the above preliminary injunction is the jurisdiction of the regional
cases are subject to review, motu propio or upon appeal by any trial court (RTC) to take cognizance of an action for
person aggrieved thereby, by the Secretary of Natural annulment of an operations agreement entered into by
Resources whose decision shall be final and executory after and between two (2) mining companies.
the lapse of thirty (30) days from receipt by the aggrieved party
of said decision, unless appealed to the President in ● Private respondent alleged that she is the claimowner of
11 mining claims all located in the province of
accordance with the applicable provisions of Presidential
Zambales.
Decree No. 309 and Letter of Instructions Nos. 119 and 135.
● She executed a Special Power of Attorney constituting
her father, Celestino M. Dizon, as her attorney-in-fact
Secs 14, 67, RA 7942 with full powers to "transfer, assign and dispose of her
11 mining claims."



● Celestino M. Dizon, acting as such attorney-in-fact for the Permit to Explore No. 133 of Marcopper Mining
private respondent and other claimowners, entered into Corporation as valid and subsisting.
an Agreement, with Dizon Mines. ● MARCOPPER was one of the first mining claimants in
● Almost three (3) months after the Deed of Ratification the disputed area. It is within an existing forest
was executed, private respondent revoked the Special reservation known as the "Agusan-Davao-Surigao Forest
Power of Attorney. Notice was served on Dizon Mines Reserve" established by Proclamation No. 369 on
and Benguet. February 27, 1931 by then Governor General Dwight F.
● In spite of said notice, Dizon Mines and Benguet entered Davis.
into an Operations Agreement whereby the former ● Realizing the invalidity of its mining claims for having
transferred to the latter the possession of the 57 mining availed of a wrong procedure, it abandoned its 16
claims. mining claims and applied for a prospecting permit
● Claiming that the Operations Agreement lacked legal instead with the BFD. It then applied for a permit to
basis by reason of the revocation of Celestino Dizon's explore with the then Bureau of Mines and Geo-Sciences
special power of attorney; the obligation imposed by the (BMGS). It was issued Permit to Explore No. 133.
Agreement of January 21, 1967 on Dizon Mines to itself ● The area is also the subject of several claims/
operate the mines after raising the capital needed declarations of APEX. Thus, MARCOPPER filed with the
therefor, without authority to engage another BMGS a "Petition for Cancellation of Mining Claims
corporation for this purpose; and the inefficacy of the and/or Small Scale Mining Permits" against APEX.
Deed of Ratification arising from the physiological ● BMGS dismissed the petition. DENR reversed, and
incapacity of Celestino Dizon to give his consent affirmed by the OP.
thereto, private respondent prayed that the Operations
Agreement be declared null and void and inoperative ISSUE
insofar as it covers her eleven (11) lode mining claims. Whether or not the disputed area is NOT within an established
● Benguet filed a Motion to Dismiss on the following and existing forest reservation.
grounds: 1) the court is without jurisdiction over the HELD
subject matter and nature of the action; 2) the action is NO. Section 8 of Act No. 2874, the former Public Land Act, the
barred by prior judgment and laches; 3) the action to basis of Proclamation No. 369 specifically empowered the
declare invalid the Deed of Ratification has prescribed; Governor-General not only to declare lands of public domain open
and 4) the venue of the action was improperly laid. to disposition but also to suspend their concession or
ISSUE disposition. Accordingly, withdrawal of a certain area to
W/n the regular courts lack jurisdiction over the cancellation of establish a forest reserve is, without question, within the power of
the operations agreement between mining companies. the Governor-General. Moreover, then President Carlos P. Garcia
confirmed that Proclamation No. 369 did establish a forest
HELD reserve when he issued an May 8, 1959 Proclamation No. 583.
YES. Presidential Decree No. 1281 which took effect on January This proclamation was concurred in by the Congress of the
16, 1978 vests the Bureau of Mines with jurisdictional supervision Philippines on May 21, 1959 through Concurrent Resolution No.
and control over all holders of mining claims or applicants for 17.
and/or grantees of mining licenses, permits, leases and/or In this connection, it should be stated that the findings of
operators thereof, including mining service contracts and service government agencies with respect to the construction of statutes
contractors insofar as their mining activities are concerned. the implementation of which has been reposed in them, are
Analyzing the objectives of P.D. 1281, particularly said Section 7 controlling on the Court.
thereof, the Court in Twin Peaks Mining Association, the case The disputed areas, being clearly within a forest reserve, are not
relied upon by petitioner, noted that the trend is to make the open to mining location. Pursuant to P.D. No. 463, as amended,
adjudication of mining cases a purely administrative matter. This one can acquire mining rights within forest reserves by initially
observation was reiterated in the more recent case of Atlas applying for a permit to prospect with the Bureau of Forest and
Consolidated Mining Development Corp. vs. Court of Appeals. Development (BFD) and subsequently for a permit to explore with
In the case at bar, it is not disputed that the subject agreement is the Bureau of Mines and Geo-Sciences (BMGS). Such procedural
a mining contract and private respondent, in seeking a judicial requisites were complied with and undertaken by MARCOPPER
declaration of its nullity, does not wish to abide by its terms and after it had ascertained that its mining claims were found to be
conditions. These elements alone bring the action within the within the Agusan-Davao-Surigao Forest Reserve. On the other
ambit of Section 7 of P. D. 1281. Whatever the basis for the hand, the mining claims and SSMPs of APEX being located within
refusal to abide by the contract's terms and conditions, the basic said forest reserve are in violation of the law and therefore result
issue remains one of its cancellation, which is precisely what P. in a failure to validly acquire mining rights.
D. No. 1281 places within the exclusive original jurisdiction of the Finally, invariable is the rule that in reviewing administrative
Bureau. decisions of the Executive Branch of the government, the finding
of fact made there in must be respected, as long as they are
003 Apex Mining Co v Garcia (1991) supported by substantial evidence, even if not overwhelming or
preponderant. It is not for the reviewing court to weigh the
● This is a petition for certiorari with prayer for the
conflicting evidence, determine the credibility of the witnesses, or
issuance of a writ of preliminary injunction and/or
otherwise substitute its own judgment for that of the
restraining order seeking to nullify and set aside the administrative agency on the sufficiency of the evidence. The
decision of the Office of the President dismissing the administrative decision in matters within the executive
appeal of Apex Mining, Co., Inc. and affirming the order
jurisdiction can only be set aside on proof of gross abuse of
of the DENR, declaring that the respective mining claims
discretion, fraud or error of law.
of Apex Mining Co., Inc., et al., as well as Small Scale
Mining Permits, are null and void and/or inoperative and
3) Quasi-Judicial Powers: Sec 7, PD 1281



jurisdiction which is obnoxious to the orderly

004 Atlas Mining v CA (1990) administration of justice.
● Atlas Consolidated Mining & Development Corporation PD 1281 is a remedial statute. Being procedural in
(ATLAS) entered into an operating agreement with the nature, it shall apply to all actions pending at the time of
heirs of Manuel Cuenco and Jose P. Velez. ATLAS its enactment. It is also a special law and under a
entered into a similar agreement with BIGA COPPER. well-accepted principle in statutory construction, the
special law will prevail over a statute or law of general
● It appears, however, that of the total mining claims
application.
"leased" by ATLAS from both the CUENCO-VELEZ and
BIGA COPPER, nine (9) mining claims overlap. The
Director of Mines resolved the same in favor of Benguet Corporation v Leviste, supra (2)
CUENCO-VELEZ, and affirmed by DANR. They soon
entered in to a compromise agreement.
005 Industrial Enterprises, Inc v CA (1990)
● Afterwards, ATLAS received numerous letters from
● Petitioner Industrial Enterprises Inc. (IEI) was granted a
third-parties claiming that they were assignees of BIGA
COPPER and the BIGA PARTNERS over the mining coal operating contract by the Government through the
claims. Bureau of Energy Development (BED), and the Ministry
for the exploration of five coal blocks in Eastern Samar,
● ATLAS instituted a petition for declaratory relief with the known as the “Giporlos Area”.
trial court. Respondents filed a motion to dismiss
stating as grounds therefor the following: "1. The ● IEI was later on advised that in line with the objective of
Honorable Court has no jurisdiction over the subject of rationalizing the country's over-all coal supply-demand
balance x x x the logical coal operator in the area should
the action or suit; 2. The complaint states no cause of
be the Marinduque Mining and Industrial Corporation
action; 3. The court has no jurisdiction over the nature of
(MMIC), which was already developing the coal deposit
the suit."
in another area (Bagacay Area) and that the Bagacay
● The trial court denied the motions to dismiss, ruling that and Giporlos Areas should be awarded to MMIC . Thus,
there is no mining controversy involved in the case IEI and MMIC executed a Memorandum of Agreement
before it. The CA reversed. whereby IEI assigned and transferred to MMIC all its
ISSUES rights and interests in the two coal blocks which are the
1. Can a person who is not a party to a contract file a subject of IEI's coal operating contract.
petition for declaratory relief and seek a judicial ● IEI filed an action for rescission with damages before
interpretation of such contract? the RTC for violating the MOA. The RTC annulled the
2. Can a trial court which had already taken cognizance of MOA.The CA reversed.
an action involving a mining controversy be divested of ● In reversing the Trial Court, the Court of Appeals held
jurisdiction to hear and decide the case upon the that the rendition of the summary judgment was not
promulgation of Presidential Decree No. 1281? proper since there were genuine issues in controversy
HELD between the parties, and more importantly, that the Trial
Court had no jurisdiction over the action considering
1. NO. Declaratory relief has been defined as an action by
that, under Presidential Decree NO. 1206, it is the BED
any person interested under a deed, will, contract or that has the power to decide controversies relative to
other written instrument or whose rights are affected by the exploration, exploitation and development of coal
a statute, ordinance, executive order or regulation to
blocks.
determine any question of construction or validity
arising under the instrument, executive order or ISSUE
regulation, or statute and for a declaration of his rights Whether or not the civil court has jurisdiction to hear and decide
and duties thereunder. Such an action must be justified the suit for rescission of the Memorandum of Agreement
such that no other adequate relief or remedy is available concerning a coal operating contract over coal blocks.
under the circumstances. ATLAS cannot be considered HELD
as an interested party under the deeds of assignment
and, therefore, has no standing to institute the NO. While the action filed by IEI sought the rescission of what
appears to be an ordinary civil contract cognizable by a civil
declaratory action. Other effective remedies are
court, the fact is that the Memorandum of Agreement sought to
available to ATLAS — such as an action for interpleader
be rescinded is derived from a coal-operating contract and is
— to determine with finality who among BIGA COPPER,
CUENCO-VELEZ and the latter's respective assignees is inextricably tied up with the right to develop coal-bearing lands
entitled to the royalties it will pay later on under the and the determination of whether or not the reversion of the coal
operating contract over the subject coal blocks to IEI would be in
operating agreements.
line with the integrated national program.
2. YES. PD 1281 divested judicial tribunals of jurisdiction
over mining controversies including cancellation and The jurisdiction of the BED, in the first instance, to pass upon any
enforcement of mining contracts by making the question involving the Memorandum of Agreement between IEI
and MMIC, revolving as it does around a coal operating contract,
regulatory and adjudicative functions of the Bureau
should be sustained.
‘original and exclusive'
The declaratory action filed by ATLAS is within the ambit In recent years, it has been the jurisprudential trend to apply the
doctrine of primary jurisdiction in many cases involving matters
of Presidential Decree No. 1281. It is not an entirely
that demand the special competence of administrative agencies.
different or distinct cause of action. Were We to rule
otherwise it would be ratifying two judicial bodies Clearly, the doctrine of primary jurisdiction finds application in
exercising jurisdiction over an essentially the same this case since the question of what coal areas should be
subject matter — a situation analogous to split exploited and developed and which entity should be granted coal
operating contracts over said areas involves a technical



determination by the BED as the administrative agency in This should appropriately be threshed out in a judicial
possession of the specialized expertise to act on the matter. The proceeding. It is beyond the power and authority of the Bureau of
Trial Court does not have the competence to decide matters Forest Development to determine the unlawful closure of a
concerning activities relative to the exploration, exploitation, passage way, much less award or deny the payment of damages
development and extraction of mineral resources like coal. based on such closure. Not every activity inside a forest area is
subject to the jurisdiction of the Bureau of Forest Development.
Apex Mining Co v Garcia, supra (3)

007 Sunville Timber Products Inc v Abad (1992)
iv) Forest Management Bureau ● The petitioner was granted a Timber License Agreement

(TLA). Private respondents filed a petition with the DENR
1) Organization for the cancellation of the TLA on the ground of serious
2) Powers, Authority and Jurisdiction violations of its conditions and the provisions of forestry
laws and regulations.

● The same charges were subsequently made in a
Sec 5, PD 705
complaint for injunction with damages against the
petitioner in the RTC of Pagadian City.
Section 5. Jurisdiction of Bureau. The Bureau shall have
jurisdiction and authority over all forest land, grazing lands, ● The petitioner moved to dismiss this case on three
and all forest reservations including watershed reservations grounds, to wit: 1) the court had no jurisdiction over the
presently administered by other government agencies or complaint; 2) the plaintiffs had not yet exhausted
instrumentalities. administrative remedies; and 3) the injunction sought
was expressly prohibited by Section 1 of PD 605.
It shall be responsible for the protection, development,
management, regeneration, and reforestation of forest lands; ● The RTC and CA denied the motion to dismiss citing
the regulation and supervision of the operation of licensees, that the doctrine of exhaustion of administrative
lessees and permittees for the taking or use of forest products remedies does not apply in this case.
therefrom or the occupancy or use thereof; the implementation ● “It is urgent that indiscriminate logging be stopped.
of multiple use and sustained yield management in forest Irreparable damage would ensue unless the court
lands; the protection, development and preservation of intervenes. Reliance on the DENR may not be enough,
national parks, marine parks, game refuges and wildlife; the judging from its inaction on the council's request seven
implementation of measures and programs to prevent kaingin years back.”
and managed occupancy of forest and grazing lands; in
ISSUE
collaboration with other bureaus, the effective, efficient and
economic classification of lands of the public domain; and the Whether or not the doctrine of exhaustion of administrative
enforcement of forestry, reforestation, parks, game and wildlife remedies was erroneously applied in this case.
laws, rules, and regulations. HELD
The Bureau shall regulate the establishment and operation of YES. The doctrine of exhaustion of administrative remedies calls
sawmills, veneer and plywood mills and other wood for resort first to the appropriate administrative authorities in the
processing plants and conduct studies of domestic and world resolution of a controversy falling under their jurisdiction before
markets of forest products. the same may be elevated to the courts of justice for review.
Non-observance of the doctrine results in lack of a cause of
action, which is one of the grounds allowed in the Rules of Court
006 Lagua v Cusi (1988) for the dismissal of the complaint.
● This petition for mandamus originated from a complaint There is no question that Civil Case No. 2732 comes within the
for damages which was instituted by the petitioners jurisdiction of the respondent court. Nevertheless, as the wrong
against the private respondents for closing a logging alleged in the complaint was supposedly committed as a result
road without authority. of the unlawful logging activities of the petitioner, it will be
● The private respondents filed a motion to dismiss on necessary first to determine whether or not the TLA and the
two grounds, namely: (1) lack of jurisdiction, and (2) lack forestry laws and regulations had indeed been violated. To repeat
of cause of action. for emphasis, determination of this question is the primary
responsibility of the Forest Management Bureau of the DENR.
● The petitioners maintain that since their action is for
The application of the expertise of the administrative agency in
damages, the regular courts have jurisdiction over the the resolution of the issue raised is a condition precedent for the
same. According to them, the respondent court had no eventual examination, if still necessary, of the same question by a
basis for holding that the Bureau of Forestry court of justice.
Development must first determine that the closure of a
logging road is legal or illegal before an action for
damages can be instituted. 008 Paat v CA (1997)
ISSUE ● The truck of private respondent Victoria de Guzman
Whether or not the regular courts have jurisdiction in deciding the while on its way to Bulacan from San Jose, Baggao,
legality of the closure of a logging road. Cagayan, was seized by the DENR personnel in Aritao,
Nueva Vizcaya because the driver could not produce the
HELD
required documents for the forest products found
YES. P.D. No. 705 upon which the respondent court based its concealed in the truck.
order does not vest any power in the Bureau of Forest ● Petitioner Jovito Layugan, the Community Environment
Development to determine whether or not the closure of a
and Natural Resources Officer (CENRO) in Aritao,
logging road is legal or illegal and to make such determination a
Cagayan, issued an order of confiscation of the truck
pre-requisite before an action for damages may be maintained.
and gave the owner thereof fifteen (15) days within



which to submit an explanation why the truck should not proceedings in pursuant to Section 68-A of the P. D. 705, as
be forfeited. amended.
● Private respondents, however, failed to submit the
required explanation. Regional Executive Director v) Land Management Bureau
Rogelio Baggayan of DENR sustained petitioner
Layugan’s action of confiscation and ordered the 1) Organization
forfeiture of the truck invoking Section 68-A of 2) Primary Powers and Functions
Presidential Decree No. 705 as amended by Executive

Order No. 277.
● The case was brought by thea petitioners to the Secs 2, 3, 4, CA 141
Secretary of DENR. Pending resolution however of the
SECTION 2. The provisions of this Act shall apply to the lands
appeal, a suit for replevin was filed by the private
of the public domain; but timber and mineral lands shall be
respondents with the RTC which issued a writ ordering
governed by special laws and nothing in this Act provided shall
the return of the truck to private respondents.
be understood or construed to change or modify the
● Petitioner Layugan and Executive Director Baggayan administration and disposition of the lands commonly called
filed a motion to dismiss with the trial court contending, "friar lands" and those which, being privately owned, have
inter alia, that private respondents had no cause of reverted to or become the property of the Commonwealth of
action for their failure to exhaust administrative the Philippines, which administration and disposition shall be
remedies. The RTC and CA both denied the motion to governed by the laws at present in force or which may
dismiss. hereafter be enacted.
ISSUE SECTION 3. The Secretary of Agriculture and Commerce shall
Whether or not an action for replevin is improper to recover a be the executive officer charged with carrying out the
movable property which is the subject matter of an provisions of this Act through the Director of Lands, who shall
administrative forfeiture proceeding in the DENR pursuant to act under his immediate control.
Section 68-A of P. D. 705. SECTION 4. Subject to said control, the Director of Lands shall
HELD have direct executive control of the survey, classification,
lease, sale or any other form of concession or disposition and
YES. In the case at bar, there is no question that the controversy
management of the lands of the public domain, and his
was pending before the Secretary of DENR when it was
decisions as to questions of fact shall be conclusive when
forwarded to him following the denial by the petitioners of the
approved by the Secretary of Agriculture and Commerce.
motion for reconsideration of private respondents.
It is important to point out that the enforcement of forestry laws,
rules and regulations and the protection, development and ● Sec 14, EO 192, s 1987
management of forest lands fall within the primary and special
(a) Recommend policies and programs for the efficient and
responsibilities of the Department of Environment and Natural
effective administration, surveys, management and
Resources. By the very nature of its function, the DENR should be
disposition of alienable and disposable lands of the
given a free hand unperturbed by judicial intrusion to determine a
controversy which is well within its jurisdiction. The assumption public domain and other lands outside the
by the trial court, therefore, of the replevin suit filed by private responsibilities of other government agencies; such as
reclaimed areas and other areas not needed for or are
respondents constitutes an unjustified encroachment into the
not being utilized for the purposes for which they have
domain of the administrative agency’s prerogative. The doctrine
been established;
of primary jurisdiction does not warrant a court to arrogate unto
itself the authority to resolve a controversy the jurisdiction over (b) Advise the Regional Offices on the efficient and effective
which is initially lodged with an administrative body of special implementation of policies, programs and projects for
competence. more effective public lands management;
First, they argued that there was violation of due process. (c) Assist in the monitoring and evaluation of land surveys,
Deprivation of due process cannot be successfully invoked where management and disposition of lands to ensure
a party was given the chance to be heard on his motion for efficiency and effectiveness thereof;
reconsideration, as in the instant case, when private respondents (d) Issue standards, guidelines, regulations and orders to
were undisputedly given the opportunity to present their side enforce policies for the maximization of land use and
when they filed a letter of reconsideration. development;
Second, private respondents imputed the patent illegality of (e) Develop operating standards and procedures to
seizure and forfeiture of the truck. Section 68-A of PD 705 gives enhance the Bureau's objectives and functions;
the Secretary and his duly authorized representatives the
(f) Assist the Secretary as Executive Officer charged with
authority to confiscate and forfeit any conveyances utilized in
carrying out the provisions of the Public Land Act (C.A.
violating the Code or other forest laws, rules and regulations.
141, as amended), who shall have direct executive
With the introduction of Executive Order No. 277 amending
control of the survey, classification, lease, sale or any
Section 68 of P.D. 705, the act of cutting, gathering, collecting,
other forms of concessions or disposition and
removing, or possessing forest products without authority
management of the lands of the public domain;
constitutes a distinct offense independent now from the crime of
theft under Articles 309 and 310 of the Revised Penal Code, but (g) Perform other functions as may be assigned by the
the penalty to be imposed is that provided for under Article 309 Secretary and/or provided by law.
and 310 of the Revised Penal Code.
From the foregoing disquisition, it is clear that a suit for replevin 009 Mari v Sec of Agriculture and Natural Resources (1952)
can not be sustained against the petitioners for the subject truck
● This is a petition to prohibit the Secretary of Agriculture
taken and retained by them for administrative forfeiture
and Natural Resources and his subordinates from



proceeding further in the case pending before that

programs;
Department wherein Marciana Duran and other are
contesting the homestead application of Custodio Mari, (4) Generate technologies and provide scientific
the herein petitioner. assistance in the research and development of
technologies relevant to the sustainable uses of
● The petitioner contends that the respondent official was
Philippine ecosystems and natural resources; and
"without jurisdiction or exceeded his jurisdiction, or
committed abuse of discretion" in promulgating his (5) Assist the Secretary in the evaluation of the
orders. effectiveness of the implementation of the integrated
research program.
ISSUE
The Ecosystems Research and Development Bureau shall
Whether or not the Director of Lands has NO jurisdiction over the
directly manage and administer the Forest Research Institute
homestead application.
Research Offices, laboratories, and forest experiment stations
HELD located at UP Los Baños and such other field laboratories as
NO. The administration and distribution of public lands is the Secretary may assign to its direct supervision. The Bureau
committed by law to the Director of Lands primarily, and shall coordinate all technological researches undertaken by
ultimately to the Secretary of the Department of Agriculture and the field offices, assess and translate all recommendable
Natural Resources. In the exercise of such power they have to findings and disseminate such findings for all possible users
determine the conflicting claims of applicants and occupants of and clientele.
disposable lands of the public domain. SECTION 19. Protected Areas and Wildlife Bureau. — The
Protected Areas and Wildlife Bureau, to be headed by a
Director and assisted by an Assistant Director, shall absorb the
3) Delegated Functions: See DENR Administrative Order
Division of Parks and Wildlife and the Marine Parks Program of
No 38, s 1990 the Bureau of Forest Development as well as the Calauit Game
a. Approves appraisal of public lands and issues authority Preserve and Wildlife Sanctuary, Presidential Committee on
to conduct bidding covering agricultural land sales of the Conservation of Tamaraw, Ninoy Aquino Parks and Wildlife
above five (5) hectares, sales for public, commercial, Center (formerly Parks and Wildlife Nature Center), shares in
industrial and residential purposes and leases (except Kabuhayan Program and Agro Forestry State Projects of the
agricultural leases) covering one hundred (100) hectares KKK Processing Authority, all national parks, wildlife
and above. sanctuaries and game preserves previously managed and
b. Approves appraisal of public lands and issues authority administered by the Ministry of Human Settlements including
to conduct bidding covering leases of more than five National Parks Reservation situated in the provinces of
hundred (500) hectares for agricultural purposes. Bulacan, Rizal, Laguna and Quezon formerly declared as
Bagong Lipunan Sites of said Ministry, Magat Forest
c. Approves transfer of public land application or deeds of
Reservation and Mt. Arayat National Park, formerly with the
sales/mortgage of patented lands above twelve (12)
Ministry of Tourism.
hectares.
The Bureau shall:
d. Decides cases on appeal involving claims/conflicts
within public lands. (1) Formulate and recommend policies, guidelines, rules
and regulations for the establishment and
e. Approves the issuance of original/new Other Lawful management of an Integrated Protected Areas
Permits (OLP). Systems such as national parks, wildlife sanctuaries
f. Signs patents and reconstituted patents for areas more and refuge, marine parks, and biospheric reserves;
than five hectares for sales and more than ten (10)
(2) Formulate and recommend policies, guidelines, rules
hectares for homestead and free patents. and regulations for the preservation of biological
diversity, genetic resources, the endangered
vi) Biodiversity Management Bureau Philippine flora and fauna;
(3) Prepare an up-to-date listing of endangered flora and
1) Powers and Functions
fauna and recommend a program of conservation
Secs 18, 19, Chapter 3, Title XIV, Administrative Code of 1987 and propagation of the same;
SECTION 18. Ecosystems Research and Development Bureau. (4) Assist the Secretary in the monitoring and
— The Ecosystems Research and Development Bureau, to be assessment of the management of the Integrated
headed by a Director and assisted by an Assistant Director, Protected Areas System and provide technical
shall absorb the powers and functions of the Forest Research assistance to the Regional Offices in the
Institute and the National Mangrove Committee, which are implementation of programs for these areas; and
hereby abolished. (5) Perform such other functions as may be provided by
It shall: law or assigned by the Secretary.
(1) Formulate and recommend an integrated research

program relating to Philippine ecosystems and
vii) Environmental Management Bureau
natural resources such as minerals, lands, forests, as
holistic and interdisciplinary fields of inquiry; 1) Powers and Functions
(2) Assist the Secretary in determining a system of Sec 34, RA 8749, Philippine Clean Air Act of 1999
priorities for the allocation of resources to various
technological research programs of the department; Section 34. Lead Agency. - The Department, unless otherwise
provided herein, shall be the primary government agency
(3) Provide technical assistance in the implementation
responsible for the implementation and enforcement of this
and monitoring of the aforementioned research
Act. To be more effective in this regard, The Department's



9 To establish, enforce, coordinate, and monitor the application

Environmental Management Bureau (EMB) shall be converted
of mapping, surveying and resource information management
from a staff bureau to a line bureau for a period of no more
standards in government.
than two (2) years, unless a separate, comprehensive
environmental management agency is created. 10 To establish, operate, and maintain facilities and support
systems for the acquisition, reception, reprocessing,
transformation, analysis, storage, retrieval, presentation,
Sec 4, RA 9003, Ecological Solid Waste Management Act reproduction, distribution.
11 To provide services for the transfer, sharing, exchange,
SECTION 4. National Solid Waste Management Commission. packaging and dissemination of natural resource and
— There is hereby established a National Solid Waste environmental information in all regions and provinces of the
Management Commission, hereinafter referred to as the country.
Commission, under the Office of the President.
12 To operate training facilities and provide support and external
xxxx services through conference, workshops, seminars, short
The Department, through the Environmental Management courses and consultancy services.
Bureau, shall provide secretariat support to the Commission. 13 To promote international cooperation in the application of
The Secretariat shall be headed by an executive director who advance technologies in resource surveys and assessment,
shall be nominated by the members of the Commission and mapping and resource information management and in the
appointed by the chairman. exchange of resource and environmental information that would
be for the benefit of the country and data local users.

14 To promulgate and enforce policies, rules and regulations on
● Sec 19, RA 9275, Philippine Clean Water Act of 2004 the conduct of aerial surveys by any civilian, government and
c) Important Attached Agencies and their Functions private entities, classification of information produced or handled
by NAMRIA, including the issuance of security clearance with
i) National Mapping and Resource Information
respect to access to classified information by requesting users.
Authority (NAMRIA)
15 To enter into contracts, domestic or foreign, under such terms
1) Powers and Functions, Sec 2, DENR AO 1988-31 and conditions as may be allowed by existing laws.
1 To formulate, develop and adopt a national survey, mapping 16 To prescribe, fix and collect reasonable amounts to be
and resource information management program that would charged as fees for services and rendered or selling prices for
provide data, information and studies on the waters, coastal, products sold.
inland resources and physical environment of the country.
17 To utilize income from services and products sold for the
2 To establish and maintain geodetic control network that would development of institutional capability and expansion of program
serve as a common reference for the accuracy of all surveys in for the survey, mapping and management of resource
the country. information.
3 To conduct periodic/integrated resource and environmental 18 To receive, take and hold by bequest, device, gift, purchase or
surveys, including hydrographic, oceanographic, marine resource, lease, either absolutely or in trust for any of its purposes from
topographic, geophysical, geodetic, ground evaluation and foreign and domestic sources, any asset, grant or property, real or
remote sensing surveys for the gathering of data needed to personal; and notwithstanding existing provisions of laws to the
generate maps and resource information. contrary, to convey such assets in such manner as will best
4 To map, inventory, assess, monitor and evaluate changes promote its objectives.
in the physical environment and natural resources base. 19 To exercise such powers and authority or perform such other
activities, which are necessary for the effective performance of
5 To classify, reclassify, assess and re-assess lands in the public
the aforementioned functions.
domain (including existing forest reservations, national parks,
wilderness areas, civil and/or military reservation, resettlement
areas) into agricultural, industrial, commercial, residential, 010 Republic v T.A.N. Properties (2008)
resettlement, mineral, timber or forest and grazing lands and into
● Application for Original Registration of Title filed by
such other classes as may be provided by law; and to establish
T.A.N. Properties, Inc. covering Lot 10705-B with an area
all boundaries clearly marked on the ground between alienable or
of 564,007 square meters, or 56.4007 hectares, is
disposable lands and forest lands.
located at San Bartolome, Sto. Tomas, Batangas.
6 To serve as the depository of all base map reproducibles, aerial
● Respondent submitted two certifications issued by the
negatives and space imageries; to prepare, update, produce all
DENR that the subject lot is A&D: CENRO and RTD of
types of base and thematic maps and charts at various scales
FMS.
resulting from its surveys and data processing/analysis activities;
and to service the mapping and reprography requirements of ● RTC and CA ruled in favor of T.A.N.
other government agencies. ISSUES
7 To establish and maintain natural resources and environmental Whether the land is alienable and disposable
data banks, databases and information systems and networks
HELD
that would permit easy and quick access to data in whatever
form, structure or levels of users. NO. The well-entrenched rule is that all lands not appearing to be
clearly of private dominion presumably belong to the State. The
8 To conduct research and develop capability in the application
onus to overturn, by incontrovertible evidence, the presumption
of remote sensing, surveying, photogrammetric, and modern
that the land subject of an application for registration is alienable
information technologies for the acquisition and handling of
and disposable rests with the applicant.
natural resources and geographic information, including the
development of models and techniques in processing, analyzing The certifications are not sufficient. DAO No. 38 only authorizes
and presenting resource and environmental information. the CENRO to issue certificates of land classification status for
areas below 50 hectares. PENRO has authority for areas beyond



50 Ha. The Regional Technical Director, FMS-DENR, has no respect to the adjudication of pollution cases, including the
authority under DAO Nos. 20 and 38 to issue certificates of land latter's role as arbitrator for determining reparation, or restitution
classification. of the damages and losses resulting from pollution.
Further, it is not enough for the PENRO or CENRO to certify that a Petitioner had thus available administrative remedy of appeal to
land is alienable and disposable. The applicant for land the DENR Secretary. Its contrary arguments to show that an
registration must prove that the DENR Secretary had approved appeal to the DENR Secretary would be an exercise in futility as
the land classification and released the land of the public domain the latter merely adopts the LLDA's findings is at best, speculative
as alienable and disposable. The CENRO and Regional Technical and presumptuous.
Director, FMS-DENR, certifications do not prove that Lot 10705-B
falls within the alienable and disposable land as proclaimed by
the DENR Secretary. Such government certifications do not, by (c) Power to issue ex-parte Cease and Desist Order
their mere issuance, prove the facts stated therein. [26] Such (CDO)
government certifications may fall under the class of documents
contemplated in the second sentence of Section 23 of Rule 132.
012 LLDA v CA, et al (1994)
As such, the certifications are prima facie evidence of their due
execution and date of issuance but they do not constitute prima ● Task Force Camarin Dumpsite of Our Lady of Lourdes
facie evidence of the facts stated therein. Parish, Barangay Camarin, Caloocan City, filed a
letter-complaint with the LLDA seeking to stop the

operation of the 8.6-hectare open garbage dumpsite in
ii) Laguna Lake Development Authority (LLDA) Tala Estate, Barangay Camarin, Caloocan City due to its
1) Powers and Functions harmful effects on the health of the residents and the
possibility of pollution of the water content of the
(a) RA 4850, Laguna Lake Development Authority Act of surrounding area.
1966 as amended by PD 813 and EO 927 s 1983
● The LLDA Legal and Technical personnel found that the
(b) Mode of Assailing LLDA’s orders City Government of Caloocan was maintaining an open
dumpsite at the Camarin area without first securing an

Environmental Compliance Certificate (ECC) from the
011 Universal Robina v LLDA (2011) Environmental Management Bureau (EMB) of the
● Laguna Lake Development Authority (LLDA), respondent, Department of Environment and Natural Resources, as
through its Pollution Control Division - Monitoring and required under Presidential Decree No. 1586, and
Enforcement Section, after conducting a laboratory clearance from LLDA as required under Republic Act No.
analysis of petitioner's corn oil refinery plant's 4850, as amended by Presidential Decree No. 813 and
wastewater, found that it failed to comply with Executive Order No. 927, series of 1983.
government standards provided under DENR AO (DAOs) ● The LLDA issued a Cease and Desist Order ordering the
Nos. 34 and 35, series of 1990. City Government of Caloocan, Metropolitan Manila
● LLDA later issued an Ex-Parte Order requiring petitioner Authority, their contractors, and other entities, to
to explain why no order should be issued for the completely halt, stop and desist from dumping any form
cessation of its operations due to its discharge of or kind of garbage and other waste matter at the
pollutive effluents into the Pasig River and why it was Camarin dumpsite.
operating without a clearance/permit from the LLDA. ● Operations stopped but later on resumed. An Alias
● Despite subsequent compliance monitoring and Cease and Desist Order was thus issued. The LLDA, with
inspections conducted by the LLDA, petitioner's the assistance of the PNP, enforced its Alias Cease and
wastewater failed to conform to the parameters set by Desist Order by prohibiting the entry of all garbage dump
the aforementioned DAOs. trucks into the Tala Estate, Camarin area being utilized
● In early 2003, petitioner notified LLDA of its plan to as a dumpsite.
upgrade the wastewater treatment facility (WTF) of its ● The City Government of Caloocan filed with the Regional
corn oil refinery plant in an effort to comply with Trial Court of Caloocan City an action for the declaration
environmental laws, an upgrade that was completed of nullity of the cease and desist order with prayer for
only in 2007. the issuance of a writ of injunction.
● On May 9, 2007 on its request, a re-sampling of ● The LLDA, for its part, filed a motion to dismiss on the
petitioner's wastewater was conducted which showed ground, among others, that under RA No. 3931, as
that petitioner's plant finally complied with government amended by PD No. 984, otherwise known as the
standards. Pollution Control Law, the cease and desist order issued
● Petitioner soon requested for a reduction of penalties by it which is the subject matter of the complaint is
that should only cover a period of 560 days. The LLDA reviewable both upon the law and the facts of the case
issued its Order to Pay covering 1,247 days. The CA by the CA and not by the RTC.
affirmed the LLDA. ● The CA ruled that the RTC has no jurisdiction on appeal
ISSUE to try, hear and decide the action for annulment of
LLDA’s cease and desist order, and that the LLDA has no
Whether or not there was no due process and lack of any plain, power and authority to issue a cease and desist order.
speedy or adequate remedy which exempted petitioner from
complying with the rule on exhaustion of administrative ISSUE
remedies. 1. Whether or not the LLDA have the authority to entertain
HELD the complaint against the dumping of garbage in the
open dumpsite in Barangay Camarin authorized by the
NO. EO 192 created the Pollution Adjudication Board under the
City Government of Caloocan which is allegedly
Office of the DENR Secretary which took over the powers and
endangering the health, safety, and welfare of the
functions of the National Pollution Control Commission with



residents therein and the sanitation and quality of the ● LLDA conducted an investigation and found that
water in the area brought about by exposure to pollution untreated wastewater generated from petitioner's
caused by such open garbage dumpsite. laundry washing activities was discharged directly to the
2. Whether or not the LLDA is invested with the power and San Francisco Del Monte River. Furthermore, the
authority to issue a cease and desist order pursuant to Investigation Report stated that petitioner's plant was
Section 4 par. (c), (d), (e), (f), and (g) of Executive Order operating without LLDA clearance, AC/PO-ESI, and
No. 927 series of 1983. Discharge Permit from LLDA.
HELD ● LLDA issued to petitioner a Notice of Violation.
1. YES. As a general rule, the adjudication of pollution ● A Pollution Control and Abatement case was filed
cases generally pertains to the Pollution Adjudication against petitioner before the LLDA due to its continuous
Board (PAB), except in cases where the special law non-compliance with the effluent standards.
provides for another forum. It must be recognized in this ● Petitioner requested for another wastewater sampling..
regard that the LLDA, as a specialized administrative The laboratory results of the wastewater sampling
agency, is specifically mandated under Republic Act No. finally showed compliance with the effluent standard in
4850 and its amendatory laws to carry out and make all parameters.
effective the declared national policy of promoting and ● LLDA issued an Order to Pay of P172,000 covering 172
accelerating the development and balanced growth of days of violation.
the Laguna Lake area.
● Petitioner questioned the authority of LLDA to impose
Under such a broad grant of power and authority, the fines. The CA affirmed the LLDA.
LLDA, by virtue of its special charter, obviously has the
ISSUE
responsibility to protect the inhabitants of the Laguna
Lake region from the deleterious effects of pollutants Whether or not LLDA have NO implied power to impose fines as
emanating from the discharge of wastes from the set forth in PD 984.
surrounding areas. In carrying out the aforementioned HELD
declared policy, the LLDA is mandated, among others, to
NO. In Laguna Lake Development Authority v. Court of Appeals, the
pass upon and approve or disapprove all plans,
Court held that the adjudication of pollution cases generally
programs, and projects proposed by local government
pertains to the Pollution Adjudication Board, except where a
offices/agencies within the region, public corporations,
special law, such as the LLDA Charter, provides for another
and private persons or enterprises where such plans,
forum. Indeed, even PD 984 authorizes the LLDA to undertake
programs and/or projects are related to those of the
pollution control activities within LLDA's development area.
LLDA for the development of the region
In this case, the DENR's Environmental Management Bureau
2. The irresistible answer is in the affirmative. By its
endorsed to LLDA the pollution complaint against petitioner.
express terms, Republic Act No. 4850, as amended by
Under Section 16 of EO 192, the Environmental Management
P.D. No. 813 and Executive Order No. 927, series of
Bureau assumed the powers and functions of the NPCC except
1983, authorizes the LLDA to “make, alter or modify
with respect to adjudication of pollution cases.
orders requiring the discontinuance of pollution.”
Section 4, par. (d) explicitly authorizes the LLDA to The Environmental Management Bureau also serves as the
make whatever order may be necessary in the exercise Secretariat of the Pollution Adjudication Board, and its Director is
of its jurisdiction. one of the members of the Pollution Adjudication Board. Clearly,
by endorsing to LLDA the pollution complaint against petitioner,
While it is a fundamental rule that an administrative
the Environmental Management Bureau deferred to LLDA's
agency has only such powers as are expressly granted
jurisdiction over the pollution complaint against petitioner.
to it by law, it is likewise a settled rule that an
administrative agency has also such powers as are Thus, in the recent case of The Alexandra Condominium
necessarily implied in the exercise of its express Corporation v. Laguna Lake Development Authority, the Court
powers. In the exercise, therefore, of its express powers affirmed the ruling of the Court of Appeals which sustained
under its charter as a regulatory and quasi-judicial body LLDA's Order, requiring petitioner therein to pay a fine of
with respect to pollution cases in the Laguna Lake P1,062,000 representing penalty for pollutive wastewater
region, the authority of the LLDA to issue a “cease and discharge. Although petitioner in that case did not challenge
desist order” is, perforce, implied. Otherwise, it may well LLDA's authority to impose fine, the Court acknowledged the
be reduced to a “toothless” paper agency. power of LLDA to impose fines, holding that under Section 4-A of
RA 4850, as amended, LLDA is entitled to compensation for
In this connection, it must be noted that in Pollution
damages resulting from failure to meet established water and
Adjudication Board v. Court of Appeals, et al.,[ the Court
effluent standards.
ruled that the Pollution Adjudication Board (PAB) has
the power to issue an ex-parte cease and desist order
when there is prima facie evidence of an establishment
exceeding the allowable standards set by the
II. Brief Survey of Environmental Laws in
anti-pollution laws of the country. the Philippines

A. Constitutional Basis
013 Pacific Steam Laundry, Inc v LLDA (2009)
● The Environmental Management Bureau of the ARTICLE I. NATIONAL TERRITORY. The national territory
Department of Environment and Natural Resources comprises the Philippine archipelago, with all the islands and
(DENR) endorsed to respondent Laguna Lake waters embraced therein, and all other territories over which
Development Authority (LLDA) the inspection report on the Philippines has sovereignty or jurisdiction, consisting of its
the complaint of black smoke emission from petitioner's terrestrial, fluvial and aerial domains, including its territorial
plant. sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting



Department of Environment and Natural Resources "shall be the

the islands of the archipelago, regardless of their breadth and
primary government agency responsible for the conservation,
dimensions, form part of the internal waters of the Philippines.
management, development and proper use of the country's
environment and natural resources xxxx. On 6 June 1977, P.D. No.
1151 (Philippine Environmental Policy) and P.D. No. 1152
Secs 15, 16, Art II
(Philippine Environment Code) were issued. Thus, the right of the
petitioners (and all those they represent) to a balanced and
Section 15. The State shall protect and promote the right to
healthful ecology is as clear as the DENR's duty -- under its
health of the people and instill health consciousness among
mandate and by virtue of its powers and functions under E.O.
them.
No. 192 and the Administrative Code of 1987 -- to protect and
Section 16. The State shall protect and advance the right of advance the said right.
the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.

015 Kilosbayan Inc v Morato (1995)

The case of Oposa v. Factoran, Jr. 224 SCRA 792 (1993) is
014 Oposa v Factoran (1993) different. Citizens' standing to bring a suit seeking the
● The complaint was instituted as a taxpayers’ class suit cancellation of timber licenses was sustained in that case
and alleges that the plaintiffs "are all citizens of the because the Court considered Art. II, §16 a right-conferring
Republic of the Philippines, taxpayers, and entitled to the provision which can be enforced in the courts.
full benefit, use and enjoyment of the natural resource
treasure that is the country's virgin tropical rainforests."
Secs 2, 5, Art XII
● It was originally filed in the RTC of Makati against then
SENR Fulgencio Factoran, Jr, later substituted by Angel Section 2. All lands of the public domain, waters, minerals,
Alcala. coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and
● It prayed that an order be rendered to:
other natural resources are owned by the State. With the
(1) Cancel all existing timber license agreements in the exception of agricultural lands, all other natural resources shall
country; not be alienated. The exploration, development, and utilization
(2) Cease and desist from receiving, accepting, processing, of natural resources shall be under the full control and
renewing or approving new timber license agreements. supervision of the State. The State may directly undertake
such activities, or it may enter into co-production, joint venture,
● Factoran filed a Motion to Dismiss averring that
or production-sharing agreements with Filipino citizens, or
petitioners had no cause of action and that the issue
corporations or associations at least 60 per centum of whose
involves a political question.
capital is owned by such citizens. Such agreements may be for
● In dismissing the complaint, the Judge ruled that it had a period not exceeding twenty-five years, renewable for not
no cause of action and that it will result to impairment more than twenty-five years, and under such terms and
of contracts. conditions as may provided by law. In cases of water rights for
● Plaintiffs thus filed the instant special civil action for irrigation, water supply, fisheries, or industrial uses other than
certiorari under Rule 65 on the ground of GADALEJ. the development of waterpower, beneficial use may be the
measure and limit of the grant.
ISSUE
The State shall protect the nations marine wealth in its
Whether the said petitioners have a cause of action to "prevent archipelagic waters, territorial sea, and exclusive economic
the misappropriation or impairment" of Philippine rainforests and zone, and reserve its use and enjoyment exclusively to Filipino
"arrest the unabated hemorrhage of the country's vital citizens.
life-support systems and continued rape of Mother Earth."
The Congress may, by law, allow small-scale utilization of
HELD natural resources by Filipino citizens, as well as cooperative
YES. The said civil case is indeed a class suit. The subject matter fish farming, with priority to subsistence fishermen and fish
of the complaint is of common and general interest not just to workers in rivers, lakes, bays, and lagoons.
several, but to all citizens of the Philippines. Consequently, since The President may enter into agreements with foreign-owned
the parties are so numerous, it becomes impracticable, if not corporations involving either technical or financial assistance
totally impossible, to bring all of them before the court. for large-scale exploration, development, and utilization of
Petitioners’ personality to sue in behalf of the succeeding minerals, petroleum, and other mineral oils according to the
generations can only be based on the concept of general terms and conditions provided by law, based on real
intergenerational responsibility insofar as the right to a balanced contributions to the economic growth and general welfare of
and healthful ecology is concerned. the country. In such agreements, the State shall promote the
The complaint focuses on one specific fundamental legal right -- development and use of local scientific and technical
the right to a balanced and healthful ecology under Art II, Sec 16 resources.
While the right to a balanced and healthful ecology is to be found The President shall notify the Congress of every contract
under the Declaration of Principles and State Policies and not entered into in accordance with this provision, within thirty
under the Bill of Rights, it does not follow that it is less important days from its execution.
than any of the civil and political rights enumerated in the latter.
Section 5. The State, subject to the provisions of this
As a matter of fact, these basic rights need not even be written in Constitution and national development policies and programs,
the Constitution for they are assumed to exist from the inception shall protect the rights of indigenous cultural communities to
of humankind.
their ancestral lands to ensure their economic, social, and
The right to a balanced and healthful ecology carries with it the cultural well-being.
correlative duty to refrain from impairing the environment. E.O. The Congress may provide for the applicability of customary
No. 192, Section 4 of which expressly mandates that the



laws governing property rights or relations in determining the setting up of a funding or guarantee mechanism for
ownership and extent of ancestral domain. clean-up and environmental rehabilitation and
compensation for personal damages.

Sec 7, Art XIII
Sec 5 (a) "Air pollutant" means any matter found in the
Section 7. The State shall protect the rights of subsistence atmosphere other than oxygen, nitrogen, water vapor, carbon
fishermen, especially of local communities, to the preferential dioxide, and the inert gases in their natural or normal
use of the communal marine and fishing resources, both concentrations, that is detrimental to health or the environment,
inland and offshore. It shall provide support to such fishermen which includes but not limited to smoke, dust, soot, cinders, fly
through appropriate technology and research, adequate ash, solid particles of any kind, gases, fumes, chemical mists,
financial, production, and marketing assistance, and other steam and radioactive substances;
services. The State shall also protect, develop, and conserve
Sec 5(b) "Air pollution" means any alteration of the physical,
such resources. The protection shall extend to offshore fishing
chemical and biological properties of the atmospheric air, or any
grounds of subsistence fishermen against foreign intrusion.
discharge thereto of any liquid, gaseous or solid substances that
Fishworkers shall receive a just share from their labor in the
will or is likely to create or to render the air resources of the
utilization of marine and fishing resources.
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
B. Survey of Relevant Substantive Environmental other legitimate purposes;
Law
1. Environmental Protection from Pollution Laws Sources of Air Pollution
RA 8749, Philippine Clean Air Act (a) Stationary Sources means any building or immobile
structure, facility or installation which emits or may emit
Approved June 23, 1999
any air pollutant. (Sec 5[x])
DAO 81-00, IRR, DAO 16-04, DAO 26-04
(i) Prohibition and Exceptions

Declaration of Principles and Policies Section 20. Ban on Incineration. - Incineration, hereby defined
as the burning of municipal, biomedical and hazardous waste,
Section 2. Declaration of Principles. - The State shall protect
which process emits poisonous and toxic fumes is hereby
and advance the right of the people to a balanced and
prohibited; Provided, however, That the prohibition shall not
healthful ecology in accord with the rhythm and harmony of
apply to traditional small-scale method of
nature.
community/neighborhood sanitation "siga", traditional,
The State shall promote and protect the global environment to agricultural, cultural, health, and food preparation and
attain sustainable development while recognizing the primary crematoria; Provided, Further, That existing incinerators
responsibility of local government units to deal with dealing with a biomedical wastes shall be out within three (3)
environmental problems. years after the effectivity of this Act; Provided, Finally, that in
The State recognizes that the responsibility of cleaning the the interim, such units shall be limited to the burning of
habitat and environment is primarily area-based. pathological and infectious wastes, and subject to close
monitoring by the Department.
The State also recognizes the principle that "polluters must
pay".
Finally, the State recognizes that a clean and healthy (ii) Administrative Remedies
environment is for the good of all and should, therefore, be the
concern of all. Section 40. Administrative Action. - Without prejudice to the
Section 3. Declaration of Policies. - The State shall pursue a right of any affected person to file an administrative action,
policy of balancing development and environmental the Department shall, on its own instance or upon verified
protection. To achieve this end, the framework for sustainable complaint by any person, institute administrative proceedings
development shall be pursued. It shall be the policy of the against any person who violates:
State to: (a) Standards or limitation provided under this Act; or
(a) Formulate a holistic national program of air pollution (b) Any order, rule or regulation issued by the Department
management that shall be implemented by the with respect to such standard or limitation.
government through proper delegation and effective Section 41. Citizen Suits. - For purposes of enforcing the
coordination of functions and activities; provisions of this Act or its implementing rules and
(b) Encourage cooperation and self-regulation among regulations, any citizen may file an appropriate civil, criminal or
citizens and industries through the application of administrative action in the proper courts against:
market-based instruments;
(a) Any person who violates or fails to comply with the
(c) Focus primarily on pollution prevention rather than on
provisions of this Act or its implementing rules and
control and provide for a comprehensive
regulations; or
management program for air pollution;
(b) The Department or other implementing agencies with
(d) Promote public information and education and to
respect to orders, rules and regulations issued
encourage the participation of an informed and active
inconsistent with this Act; and/or
public in air quality planning and monitoring; and
(c) Any public officer who willfully or grossly neglects the
(e) Formulate and enforce a system of accountability for
performance of an act specifically enjoined as a duty
short and long-term adverse environmental impact of
by this Act or its implementing rules and regulations;
a project, program or activity. This shall include the
or abuses his authority in the performance of his



● Based on said report, Engr Morales, the City Building

duty; or, in any manner, improperly performs his
Official of Makati, informed respondent that the excess
duties under this Act or its implementing rules and
in the noise quality standard within the vicinity does not
regulations: Provided, however, That no suit can be
come from the airconditioning system with 36 blowers
filed until thirty-day (30) notice has been taken
of Feliza Building alone.
thereon.
● In another Report, the EMB opined that since the nature
The court shall exempt such action from the payment of filing
of complaint is regarding noise nuisance generated
fees, except fees for actions not capable of pecuniary
from the firm's blowers, the SPL measurements were
estimations, and shall likewise, upon prima facie showing of
not the critical factor in the resolution of the issue. It
the non-enforcement or violation complained of, exempt the
stated that the noise needs not to be high or low to
plaintiff from the filing of an injunction bond for the issuance
annoy or cause nuisance to the receptor, for as long as
of a preliminary injunction.
the complainant is disturbed with the level of sound
Within thirty (30) days, the court shall make a determination if coming from the firm, it was considered a nuisance.
the complaint herein is malicious and/or baseless and shall
● On July 1, 2003, respondent filed a complaint for the
accordingly dismiss the action and award attorney's fees and
abatement of nuisance with damages with prayer for the
damages.
issuance of a writ of preliminary and permanent
Section 42. Independence of Action. - The filing of an injunction before the RTC of Malabon City.
administrative suit against such person/entity does not
preclude the right of any other person to file any criminal or ● Petitioner moved for the dismissal of the complaint on
civil action. Such civil action shall proceed independently. the following grounds: (1) lack of jurisdiction of the
court over the subject matter of the complaint; (2) the
complaint does not state a cause of action; and (3) the
action is barred by res judicata, litis pendentia, and
NOTES:
forum shopping.
● Affected persons can directly file an administrative
● Before the RTC court could resolve the motion to
complaint to the Pollution Adjudication Board (PAB).
dismiss of petitioner, the PAB resolved, on July 29, 2003
● The DENR, motu proprio or upon verified complaint by
to dismiss the complaint filed by Frabelle. The matter
any person may file the case to the PAB.
was then endorsed to the LGU concerned.

● Both the RTC and CA dismissed the Motion to DIsmiss.
(1) What forum has jurisdiction?
ISSUE
016 AC Enterprises v Frabelle Properties (2006)
Whether or not the power to abate nuisance and control noise
● Petitioner owns the 10-storey Feliza Building located
pollution has been devolved to the LGU concerned as per RA
along Herrera Street, Legaspi Village, Makati City. There
7160.
are 36 blowers from 18 air-cooled type airconditioning
units in the building, four blowers on each floor, from the HELD
2nd to the 10th floors. NO. The RTC Has Jurisdiction Over the Action of the Respondent
● Respondent is the developer of Frabella I Condominium for Abatement Of Nuisance. The petition is one for the judicial
(Frabella I), a 29-storey commercial/residential abatement of a private nuisance, more specifically the noise
condominium located at 109 Rada Street. Rada and generated by the blowers of the airconditioning system of the
Herrera streets lie parallel to each other such that Feliza Feliza Building owned by petitioner, with a plea for a writ of
Building is situated at the back of Frabella I. The exhaust preliminary and permanent injunction, plus damages. Such action
of the blowers from the airconditioning units at the of respondent is incapable of pecuniary estimation because the
Feliza Building were directed towards the rear of basic issue is something other than the right to recover a sum of
Frabella I. money. In Tatel v. Municipality of Virac, the Court ruled that a
simple suit for abatement of a nuisance is within the exclusive
● On April 11, 1995, respondent wrote petitioner
jurisdiction of the Court of First Instance, now the RTC.
demanding that the latter abate the daily continuous,
intense and ''unbearable noise" and the hot air blast A private nuisance has been defined as one which violates only
coming from the 36 blowers. The latter rejected the private rights and produces damages to but one or a few
demand. It received a report from the EMB that the persons. A nuisance is public when it interferes with the exercise
noise generated by the blowers of Feliza Building is of public right by directly encroaching on public property or by
beyond the legal allowable level under Section 78(b) of causing a common injury. It is an unreasonable interference with
PD 984. the right common to the general public.
● On August 14, 2000, respondent again wrote petitioner, Under Article 705 of the New Civil Code, a party aggrieved by a
demanding that it abate the nuisance. Petitioner ignored private nuisance has two alternative remedies: (1) a civil action;
the letter anew. Frabella I filed a complaint against or (2) abatement, without judicial proceedings.
petitioner with the Pollution Adjudication Board (PAB) In the present case, respondent opted to file an action in the RTC
for the abatement of noise and/or air pollution and for abatement of the private nuisance complained of and
damages with a plea for injunctive relief. damages under Article 697 of the New Civil Code for its past
● An EMP Panel submitted its Investigation Report, existence. The PAB has no primary jurisdiction over the noise
stating that the passing of vehicles along the street and complained of by the respondent. The resolution of the issue
the blowers of nearby building contributed to the before the RTC, which is whether the noise complained of is
ambient noise quality in the area. The report stated that actionable nuisance, does not require any special technical
since DENR AO No. 30 devolved the functions of the knowledge, expertise and experience of the PAB or even of
DENR on the abatement of noise nuisance to the Local Makati City requiring the determination of technical and intricate
Government Unit, the case should be endorsed to the matters of fact.
City Government of Makati.



What were devolved by the DENR to the LGUs under DENR ● An establishment liable for a 3rd offense shall suffer
Administrative Order No. 30 dated June 30, 1992, in relation to permanent closure immediately.
R.A. No. 7160, were the regulatory functions/duties of the
National Pollution Control Commission (NPCC) which were
(b) Motor Vehicles means any vehicle propelled by a
absorbed and integrated by the EMB, as provided in Title No. XIV,
gasoline or diesel engine or by any means other than
Chapter 2, Section 17 of the 1987 Administrative Code. However,
human or animal power, constructed and operated
the DENR exercises administrative supervision and control over
principally for the conveyance of persons or the
the LGUs. Enumerated in Chapter IV, Article 1, Sections 74 to 79
of the Rules and Regulations promulgated by the NPCC transportation of property or goods in a public highway or
implementing P.D. 984 are the regulations relative to noise street open to public use; (Sec 5[n])
(i) Regulating Body
control, specifically, the noise quality standards. However, the
LGUs have no power to declare a particular thing as a nuisance
Section 22. Regulation of All Motor Vehicles and Engines. -
unless such as thing is a nuisance per se; nor can they effect the
Any imported new or locally-assembled new motor vehicle
extrajudicial abatement of that as a nuisance which in its nature
shall not be registered unless it complies with the emission
or use is not such. Those things must be resolved by the courts
standards set pursuant to this Act, as evidenced by a
in the ordinary course of law.
Certificate of Conformity (COC) issued by the Department
(DENR through the EMB).
(iii) Fines and Penalties Any imported new motor vehicle engine shall not be
introduced into commerce, sold or used unless it complies
Section 45. Violation of Standards for Stationary Sources. - with emission standards set pursuant to this Act.
For actual exceedance of any pollution or air quality standards
Any imported used motor vehicle or rebuilt motor vehicle using
under this Act or its rules and regulations, the Department,
new or used engines, major parts or components shall not be
through the Pollution Adjudication Board (PAB), shall impose
registered unless it complies with the emission standards.
a fine of not more than One hundred thousand pesos
(P100,000.00) for every day of violation against the owner or In case of non-compliance, the importer or consignee may be
operator of a stationary source until such time that the allowed to modify or rebuild the vehicular engine so it will be in
standards have been complied with. compliance with applicable emission standards.
For purposes of the application of the fines, the PAB shall No motor vehicle registration (MVR) shall be issued unless
prepare a fine rating system to adjust the maximum fine based such motor vehicle passes the emission testing requirement
on the violator's ability to pay, degree of willfulness, degree of promulgated in accordance with this Act. Such testing shall be
negligence, history of non-compliance and degree of conducted by the DOTC or its authorized inspection centers
recalcitrance: Provided, That in case of negligence, the first within sixty (60) days prior to date of registration.
time offender's ability to pay may likewise be considered by The DTI shall promulgate the necessary regulations
the Pollution Adjudication Board: Provided, Further, That in the prescribing the useful life of vehicles and engines including
absence of any extenuating or aggravating circumstances, the devices in order to ensure that such vehicles will conform to
amount of fine for negligence shall be equivalent to one-half of the emissions which they were certified to meet. These
the fine for willful violation. regulations shall include provisions for ensuring the durability
The fines herein prescribed shall be increased by at least ten of emission devices.
percent (10%), every three (3) years to compensate for Section 23. Second-Hand Motor Vehicle Engines. - Any
inflation and to maintain the deterrent function of such fines. imported second-hand motor vehicle engine shall not be
In addition to the fines, the PAB shall order closure, suspension introduced into commerce, sold or used unless it complies
of development, construction, or operations of the stationary with emission standards set pursuant to this Act.
sources until such time that proper environmental safeguards
are put in place: Provided, That an establishment liable for a
third offense shall suffer permanent closure immediately. This "Certificate of Conformity" refers to the certificate issued by
paragraph shall be without prejudice to the immediate the Department to a vehicle manufacturer/assembler or importer
issuance of an ex parte order for such closure, suspension of certifying that a particular new vehicle or vehicle type meets the
development or construction, or cessation of operations requirements provided under this Act and its Implementing Rules
during the pendency of the case upon prima facie evidence and Regulations.
that there is imminent threat to life, public health, safety or

general welfare, or to plant or animal life, or whenever there is
an exceedance of the emission standards set by the (ii) Nature of Duty and Functions of the
Department and/or the Board and/or the appropriate LGU. Regulating Body
SECTION 1. RULE LI. IRR. Nature and Procedure. — Subject to

the basic requirements of due process, the proceedings herein
NOTES:
provided shall be summary in nature. The technical rules of
● Types of Closures: evidence obtaining in courts of law shall not bind the Traffic
(a) As a Provisional Measure Adjudication Service of the LTO. The Rules of Court shall not
(b) As a Penalty apply in proceedings before the Board except in a
(i) Temporary supplementary character and only whenever applicable.
(ii) Permanent
● Provisional Closure - while case is pending, an ex parte
order of closure may be issued upon prima facie
evidence that there is imminent threat to life, public Sec 21(a). The DOTC shall implement the emission standards
health, safety or general welfare, or to plant or animal for motor vehicles set pursuant to and as provided in this Act.
life xxxx. To further improve the emission standards, the Department
shall review, revise and publish the standards every two (2)



beginning of the natural gas industry of the Philippines. To a
years, or as the need arises. It shall consider the maximum
certain extent, the instant petition had been mooted by the
limits for all major pollutants to ensure substantial
issuance of E.O. No. 290.
improvement in air quality for the health, safety and welfare of
the general public. 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 available only to compel the doing of an act
specifically enjoined by law as a duty. Here, there is no law that
017 Henares v LTFRB (2006)
mandates the respondents LTFRB and the DOTC to order owners
● Petitioners challenge this Court to issue a writ of of motor vehicles to use CNG. At most the LTFRB has been
mandamus commanding respondents LTFRB and DOTC tasked by E.O. No. 290 in par. 4.5 (ii), Section 4 "to grant
to require PUVs to use compressed natural gas (CNG) preferential and exclusive Certificates of Public Convenience
as alternative fuel. (CPC) or franchises to operators of NGVs based on the results of
● Petitioners allege that the particulate matters (PM) - the DOTC surveys."
complex mixtures of dust, dirt, smoke, and liquid
droplets, varying in sizes and compositions emitted into
(iii) Precondition to Regulation
the air from various engine combustions - have caused
(1) Scope
detrimental effects on health, productivity, infrastructure
(2) Certificate of Conformity means a
and the overall quality of life.
certificate issued by the Department of
● Asserting their right to clean air, petitioners contend that Environment and Natural Resources to
the bases for their petition for a writ of mandamus to a vehicle manufacturer/assembler or
order the LTFRB to require PUVs to use CNG as an importer certifying that a particular
alternative fuel, lie in Section 16,[12] Article II of the 1987 new vehicle or vehicle type meets the
Constitution, our ruling in Oposa v. Factoran, Jr.,[13] and requirements provided under this Act
Section 4[14] of Republic Act No. 8749 otherwise known and its rules and regulations; (Sec
as the "Philippine Clean Air Act of 1999." 5[e])
● SolGen notes that nothing in RA 8749 prohibits the use (iv) Remedy
of gasoline and diesel by owners of motor vehicles and (1) Differentiate from Remedy against
the existence of CNG as alternative fuel. It adds that it is Stationary Sources
the DENR that is tasked to implement Rep. Act No. 8749
RULE L. Administrative Actions and Procedures in Air
and not the LTFRB nor the DOTC. Moreover, he says, it is
Pollution Cases Involving Stationary Sources
the Department of Energy (DOE), under Section 26 of
Rep. Act No. 8749, that is required to set the SECTION 1. Administrative Action. — Without prejudice to the
specifications for all types of fuel and fuel-related right of any affected person to file an administrative action, the
products Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings
ISSUE
against any person who violates:
Should mandamus issue against respondents to compel PUVs to (a) Standards of limitation provided under this Act; or
use CNG as alternative fuel? (b) Any order, rule or regulation issued by the Department
HELD with respect to such standard or limitation.
NO. Under Section 3, Rule 65 of the Rules of Court, mandamus RULE LI. Actions, Pleadings and Hearing Procedures for
lies under any of the following cases: (1) against any tribunal Motor Vehicles Before the LTO
which unlawfully neglects the performance of an act which the SECTION 2.Commencement of Action. — Actions for any
law specifically enjoins as a duty; (2) in case any corporation, violation of any of the motor vehicle pollution control laws
board or person unlawfully neglects the performance of an act and/or these Implementing Rules and Regulations may be
which the law enjoins as a duty resulting from an office, trust, or commenced by any person by filing a written complaint, or by
station; and (3) in case any tribunal, corporation, board or person the DOTC on its own initiative, or by the filing of a charge by
unlawfully excludes another from the use and enjoyment of a any deputized agent of the DOTC before the hearing officer.
right or office to which such other is legally entitled; and there is
no other plain, speedy, and adequate remedy in the ordinary
course of law.
(v) Fines and Penalties
Paragraph (a), Section 21 of the Act specifically provides that
when PUVs are concerned, the responsibility of implementing the Section 46. Violation of Standards for Motor Vehicles. - No
policy falls on respondent DOTC. There is no dispute that under motor vehicle shall be registered with the DOTC unless it
the Clean Air Act it is the DENR that is tasked to set the emission meets the emission standards set by the Department as
standards for fuel use and the task of developing an action plan. provided in Sec. 21 hereof.
As far as motor vehicles are concerned, it devolves upon the Any vehicle suspected of violation of emission standards
DOTC and the line agency whose mandate is to oversee that through visual signs, such as, but not limited to
motor vehicles prepare an action plan and implement the smoke-belching, shall be subjected to an emission test by a
emission standards for motor vehicles, namely the LTFRB.
duly authorized emission testing center. For this purpose, the
Executive Order No. 290, entitled Implementing the Natural Gas DOTC or its authorized testing center shall establish a
Vehicle Program for Public Transport (NGVPPT), took effect on roadside inspection system. Should it be shown that there
February 24, 2004. The program recognized, among others, was no violation of emission standards, the vehicle shall be
natural gas as a clean burning alternative fuel for vehicle which immediately released. Otherwise, a testing result indicating an
has the potential to produce substantially lower pollutants; and exceedance of the emission standards would warrant the
the Malampaya Gas-to-Power Project as representing the continuing custody of the impounded vehicle unless the



appropriate penalties are fully paid, and the license plate is Section 31. Greenhouse Gases. - The Philippine Atmospheric,
surrendered to the DOTC pending the fulfillment of the Geophysical and Astronomical Service Administration
undertaking by the owner/operator of the motor vehicle to (PAGASA) shall regularly monitor meteorological factors
make the necessary repairs so as to comply with the affecting environmental conditions including ozone depletion
standards. A pass shall herein be issued by the DOTC to and greenhouse gases and coordinate with the Department in
authorize the use of the motor vehicle within a specified period order to effectively guide air pollution monitoring and
that shall not exceed seven (7) days for the sole purpose of standard-setting activities.
making the necessary repairs on the said vehicle. The The Department, together with concerned agencies and local
owner/operator of the vehicle shall be required to correct its government units, shall prepare and fully implement a national
defects and show proof of compliance to the appropriate plan consistent with the United Nations Framework
pollution control office before the vehicle can be allowed to be Convention on Climate Change and other international
driven on any public or subdivision roads. agreements, conventions and protocols on the reduction of
In addition, the driver and operator of the apprehended vehicle greenhouse gas emissions in the country.
shall undergo a seminar on pollution control management Section 33. Radioactive Emissions. - All projects which will
conducted by the DOTC and shall also suffer the following involve the use of atomic and/or nuclear energy, and will entail
penalties: release and emission of radioactive substances into the
a) First Offense - a fine not to exceed Two Thousand environment, incident to the establishment or possession of
Pesos (P2,000.00); nuclear energy facilities and radioactive materials, handling,
b) Second Offense - a fine not less than Two Thousand transport, production, storage, and use of radioactive
Pesos (P2,000.00) and not to exceed Four Thousand materials, shall be regulated in the interest of public health and
Pesos (P4,000.00); and welfare by the Philippine
c) Third offense - one (1) year suspension of the Motor Nuclear Research Institute (PNRI), in coordination with
Vehicle Registration (MVR) and a fine of not less than Department and other appropriate government agencies.
Four Thousand Pesos (P4,000.00) and not more than Section 34. Lead Agency. - The Department, unless otherwise
Six thousand pesos (P6,000.00). provided herein, shall be the primary government agency
Any violation of the provisions of Sec. 21 paragraph (d) with responsible for the implementation and enforcement of this
regard to national inspection and maintenance program, Act. To be more effective in this regard, The Department's
including technicians and facility compliance shall penalized Environmental Management Bureau (EMB) shall be converted
with a fine of not less than Thirty Thousand Pesos from a staff bureau to a line bureau for a period of no more
(P30,000.00) or cancellation of license of both the technician than two (2) years, unless a separate, comprehensive
and the center, or both, as determined by the DTI. environmental management agency is created.
All law enforcement officials and deputized agents accredited Section 35. Linkage Mechanism. - The Department shall
to conduct vehicle emissions testing and apprehensions shall consult, participate, cooperate and enter into agreement with
undergo a mandatory training on emission standards and other government agencies, or with affected non-governmental
regulations. For this purpose, the Department, together with (NGOs) or people's organizations (POs),or private enterprises
the DOTC, DTI, DOST, Philippine National Police (PNP) and in the furtherance of the objectives of this Act.
other concerned agencies and private entities shall design a
training program.
Gross Violations

(a) Threshold
(c) Other Sources (b) Remedy
Secs 24, 25, 30, 31, 33-35, RA 8749
Section 48. Gross Violations. - In case of gross violation of
Section 24. Pollution from smoking. - Smoking inside a public this Act or its implementing rules and regulations, the PAB
building or an enclosed public place including public vehicles shall recommend to the proper government agencies to file the
and other means of transport or in any enclosed area outside appropriate criminal charges against the violators. The PAB
of one's private residence, private place of work or any duly shall assist the public prosecutor in the litigation of the case.
designated smoking area is hereby prohibited under this Act. Gross violation shall mean:
This provision shall be implemented by the LGUs. (a) three (3) or more specific offenses within a period of
Section 25. Pollution from other mobile sources. - The one (1) year;
Department, in coordination with appropriate agencies, shall (b) three (3) or more specific offenses with three (3)
formulate and establish the necessary standards for all mobile consecutive years;
sources other than those referred to in Sec. 21 of this Act. The (c) blatant disregard of the orders of the PAB, such s but
imposition of the appropriate fines and penalties from these not limited to the breaking of seal, padlocks and other
sources for any violation of emission standards shall be under similar devices, or operation despite the existence of
the jurisdiction of the DOTC. an order for closure, discontinuance or cessation of
Section 30. Ozone-Depleting Substances. - Consistent with operation; and
(d) irreparable or grave damage to the environment as a
the terms and conditions of the Montreal Protocol on
consequence of any violation of the provisions of this
Substances that Deplete the Ozone Layer and other
Act.
international agreements and protocols to which the
Philippines is a signatory, the Department shall phase out Offenders shall be punished with imprisonment of not less
ozone-depleting substances. than six (6) years but not more than ten (10) years at the
Within sixty (60) days after the enactment of this Act, the discretion of the court. If the offender is a juridical person, the
Department shall publish a list of substances which are known president, manager, directors, trustees, the pollution control
to cause harmful effects on the stratospheric ozone layer. officer or the officials directly in charge of the operations shall



suffer the penalty herein provided. territorial jurisdiction. Consistent with Sections 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
Air Pollution Clearances and Permits in case where the board has not been duly constituted and has
not promulgated its standards, the standards set forth in this
(a) Coverage
Act shall apply.
(b) Effect
The Department shall provide the LGUs with technical
Section 16. Permits. - Consistent with the provisions of this assistance, trainings and a continuing capability-building
Act, the Department shall have the authority to issue permits program to prepare them to undertake full administration of
as it may determine necessary for the prevention and the air quality management and regulation within their
abatement of air pollution. territorial jurisdiction.
Said permits shall cover emission limitations for the regulated

air pollutants to help attain and maintain the ambient air
quality standards. These permits shall serve as management
tools for the LGUs in the development of their action plan. 018 Technology Developers, Inc v CA (1991)
Section 17. Emission Quotas. - The Department may allow ● Petitioner, engaged in the manufacture and export of
each regional industrial center that is designated as special charcoal briquette, received a letter dated February 16,
airshed to allocate emission quotas to pollution sources within 1989 from private respondent acting mayor Pablo N.
its jurisdiction that qualify under an environmental impact Cruz, ordering the full cessation of the operation of the
assessment system programmatic compliance program
petitioner's plant located at Guyong, Sta. Maria, Bulacan.
pursuant to the implementing rules and regulations of
It did not have a Mayor’s Permit.
Presidential Decree No. 1586.
● Without previous and reasonable notice upon petitioner,
Section 18. Financial Liability for Environmental respondent ordered the Municipality's station
Rehabilitation. - As part of the environmental management commander to padlock the premises of petitioner's
plan attached to the environmental compliance certificate plant, thus effectively causing the stoppage of its
pursuant to Presidential Decree No. 1586 and rules and operation.
regulations set therefor, the Department shall require program
and project proponents to put up financial guarantee ● Petitioner instituted an action for certiorari, prohibition,
mechanisms to finance the needs for emergency response, mandamus with preliminary injunction against private
respondent with the court a quo. Judge initially granted
clean-up rehabilitation of areas that may be damaged during
the injunction.
the program or project’s actual implementation. Liability for
damages shall continue even after the termination of a ● In reconsidering said order, Judge found “Due to the
program or project, where such damages are clearly manufacturing process and nature of raw materials
attributable to that program or project and for a definite period used, the fumes coming from the factory may contain
to be determined by the Department and incorporated into the particulate matters which are hazardous to the health of
environmental compliance certificate. the people. As such, the company should cease
Financial liability instruments may be in the form a trust fund, operating until such a time that the proper air pollution
environmental insurance, surety bonds, letters of credit, as well device is installed and operational”.
as self-insurance. The choice of the guarantee instruments ● The CA affirmed the RTC.
shall furnish the Department with evidence of availment of
ISSUE
such instruments.
Whether or not the appellate court committed a grave abuse of
discretion in rendering its question decision and resolution.
Permit System HELD
● Unique only to Stationary Sources. NO. No mayor's permit had been secured. While it is true that the
● All sources of air pollution subject to these matter of determining whether there is a pollution of the
Implementing Rules and Regulations must have a valid environment that requires control if not prohibition of the
Permit to Operate issued by the Environmental operation of a business is essentially addressed to the then
Management Bureau (EMB) Regional Director. (Sec 1 National Pollution Control Commission of the Ministry of Human
Rule XIX, DAO 81-00, as amended by DAO 26-04) Settlements, now the Environmental Management Bureau of the
● An application for a Permit to Operate shall be filed for Department of Environment and Natural Resources, it must be
each source emitting regulated air pollutants. Facilities recognized that the mayor of a town has as much responsibility
having more than one source may group (bubbling) the to protect its inhabitants from pollution, and by virtue of his
sources under a single permit application, provided the police power, he may deny the application for a permit to
requirements below are met for each individual source.
operate a business or otherwise close the same unless
(Sec 3, ibid) appropriate measures are taken to control and/or avoid injury to
● A permit duly issued by the Department through the the health of the residents of the community from the emissions
Bureau shall be valid for the period of five (5) years from in the operation of the business.
the date of issuance unless sooner suspended or
revoked in accordance with Section 7 of the Rule xxxx. Other circumstances militate against the maintenance of the writ
of preliminary injunction:

1. Petitioner was ordered to stop its operation until further
Role of LGUs
orders and it was required to bring the following:
Section 36. Role of Local Government Units. - Local (1) Building permit;
Government Units (LGUs) shall share the responsibility in the (2) Mayor's permit; and
management and maintenance of air quality within their



(3) Region III-Department of Environment and

efforts to organize, educate and motivate the people
Natural Resources Anti-Pollution permit
in addressing pertinent environmental issues and
2. This action of the Acting Mayor was in response to the
problems at the local and national levels.
complaint of the residents of Barangay Guyong, Sta.
Maria, Bulacan, directed to the Provincial Governor.

3. The closure order of the Acting Mayor was issued only
Water Pollution means any alteration of the physical, chemical,
after an investigation was made by Marivic Guina.
biological, or radiological properties of a water body resulting in
4. Petitioner failed to produce a building permit from the the impairment of its purity or quality. (Sec 4[pp])
municipality of Sta. Maria, but instead presented a

building permit issued by an official of Makati.
Discharge Permits
5. Petitioner had not exerted any effort to extend or
validate its permit much less to install any device to
SECTION 14. Discharge Permits. - The Department shall
control the pollution. It was able to present a temporary
require owners or operators of facilities that discharge
permit to operate by the then National Pollution Control
regulated effluents pursuant to this Act to secure a permit to
Commission on December 15, 1987, the permit was
discharge. The discharge permit shall be the legal
good only up to May 25, 1988.
authorization granted by the Department to discharge
wastewater: Provided, That the discharge permit shall specify
among others, the quantity and quality of effluent that said
facilities are allowed to discharge into a particular water body,
RA 9275, Philippine Clean Water Act
compliance schedule and monitoring requirement.
Approved March 22, 2004 As part of the permitting procedure, the Department shall
DAO 10-05, IRR encourage the adoption of waste minimization and waste
treatment technologies when such technologies are deemed
Declaration of Policy cost effective. The Department shall also develop procedures
to relate the current water quality guideline or the projected
SECTION 2. Declaration of Policy. - The State shall pursue a
water quality guideline of the receiving water body/ies with
policy of economic growth in a manner consistent with the
total pollution loadings from various sources, so that effluent
protection, preservation and revival of the quality of our fresh,
quotas can be properly allocated in the discharge permits. For
brackish and marine waters. To achieve this end, the
industries without any discharge permit, they may be given a
framework for sustainable development shall be pursued. As
such, it shall be the policy of the State: period of twelve {12) months after the effectivity of the
implementing rules and regulations promulgated pursuant to
a) To streamline processes and procedures in the this Act, to secure a discharge permit.
prevention, control and abatement of pollution of the
country's water resources; Effluent trading may be allowed per management area.
b) To promote environmental strategies, use of

appropriate economic instruments and of control
mechanisms for the protection of water resources; Effectivity of the Discharge Permit. The Discharge Permit
c) To formulate a holistic national program of water shall be valid for a maximum period of five (5) years from the
quality management that recognizes that water date of its issuance, renewable for 5-year periods. The
quality management issues cannot be separated Department may, however, renew the discharge permit valid for a
from concerns about water sources and ecological longer period if the applicant has adopted waste minimization
protection, water supply, public health and quality of and waste treatment technologies, consistent with incentives
life; currently provided has been paying the permit fees on time. (Rule
d) To formulate an integrated water quality 14.9, IRR)
management framework through proper delegation Discharge includes, but is not limited to, the act of spilling,
and effective coordination of functions and activities; leaking, pumping, pouring, emitting, emptying, releasing or
e) promote commercial and industrial processes and dumping of any material into a water body or onto land from
products that are environment friendly and energy which it might flow or drain into said water.
efficient;
f) To encourage cooperation and self-regulation among Effluent means discharge from known sources which is passed
citizens and industries through the application of into a body of water or land, or wastewater flowing out of a
incentives and market-based instruments and to manufacturing plant, industrial plant including domestic,
promote the role of private industrial enterprises in commercial and recreational facilities.
shaping its regulatory profile within the acceptable Clean-up Operations means activities involving the removal of
boundaries of public health and environment; pollutants discharged or spilled into a water body and its
g) To provide for a comprehensive management surrounding areas, and the restoration of the affected areas to
program for water pollution focusing on pollution their former physical, chemical and biological state or conditions.
prevention; (Sec 4[g])
h) To promote public information and education and to

encourage the participation of an informed and active
public in water quality management and monitoring; (a) Who are liable
i) To formulate and enforce a system of accountability (b) When liable
for short and long-term adverse environmental (c) Rule on expenses incurred
impact of a project, program or activity; and
SECTION 16. Clean-Up Operations. - Notwithstanding the
j) To encourage civil society and other sectors,
particularly labor, the academe and business provisions of Sections 15 and 26 hereof, any person who
undertaking environment-related activities in their causes pollution in or pollutes water bodies in excess of the



applicable and prevailing standards shall be responsible to great and imminent peril;
contain, remove and clean-up any pollution incident at his own e) Unauthorized transport or dumping into sea waters of
expense to the extent that the same water bodies have been sewage sludge or solid waste as defined under
rendered unfit for utilization and beneficial use: Provided, That Republic Act No.9003;
in the event emergency clean-up operations are necessary and f) Transport, dumping or discharge of prohibited
the polluter fails to immediately undertake the same, the chemicals, substances or pollutants listed under
Department, in coordination with other government agencies Republic Act No.6969;
concerned, shall conduct containment, removal and clean-up g) Operate facilities that discharge or allow to seep,
operations. Expenses incurred in said operations shall be willfully or through gross negligence, prohibited
reimbursed by the persons found to have caused such chemicals, substances or pollutants listed under R. A.
pollution upon proper administrative determination in No. 6969 into water bodies or wherein the same shall
accordance with this Act. Reimbursements of the cost be liable to be washed into such surface, ground,
incurred shall be made to the Water Quality Management Fund coastal, and marine water;
or to such other funds where said disbursements were h) Undertaking activities or development and expansion
sourced. of projects, or operating wastewater/sewerage
facilities in violation of Presidential Decree. No.1586
and its implementing rules, and regulations;
Determination of liability for clean-up. The administrative i) Discharging regulated water pollutants without the
determination of the cause of the pollution and the parties valid required discharge permit pursuant to this Act or
responsible for it shall be incorporated in the proceedings in the after the permit was revoked for any violation of
PAB, if any. In the absence of a complainant and a PAB condition therein;
proceeding, the Secretary may authorize the EMB Director to j) Non-compliance of the LGU with the Water Quality
make the determination with due notice and hearing and call Framework and Management Area Action Plan. In
necessary parties to provide evidence thereto. (Rule 16.1, IRR) such a case, sanctions shall be imposed on the local
government officials concerned;
Use of EGF (Environmental Guarantee Fund). The EGF k) Refusal to allow entry, inspection and monitoring by
established in accordance with Sec. 15 of the CWA and Rule 15 the Department in accordance with this Act;
above shall not constitute full remediation of damage or injury l) Refusal to allow access by the Department to relevant
caused to the environment or public health by a program or reports and records in accordance with this Act;
project and shall not be a bar to any administrative, civil or m) Refusal or failure to submit reports whenever required
criminal complaints for such damage or injury. (Rule 16.2) by the Department in accordance with this Act;
Reimbursement for clean-up costs. The costs of clean-up n) Refusal or failure to designate pollution control
may be sourced from the perpetrator, the program or project's officers whenever required by, the Department in
EGF, any insurance policies that may be applicable or from the accordance with this Act; and
Water Resources Management Fund in that order of priority. If o) Directly using booster pumps in the distribution
sourced from the WRMF, reimbursement shall be made to the system or tampering with the water supply in such a
same fund after determination of causation and liability by the way as to alter or impair the water quality.
means established herein. (Rule 16.3)

Fines, Damages and Penalties
Prohibited Acts
SECTION 28. Fines, Damages and Penalties. - Unless
SECTION 27. Prohibited Acts. - The following acts are hereby
otherwise provided herein, any person who commits any of the
prohibited:
prohibited acts provided in the immediately preceding section
a) Discharging, depositing or causing to be deposited or violates any of the provision of this Act or its implementing
material of any kind directly or indirectly into the rules and regulations, shall be fined by the Secretary, upon the
water bodies or along the margins of any surface recommendation of the PAB in the amount of not less than
water, where, the same shall be liable to be washed Ten thousand pesos (P10,000.00) nor more than Two hundred
into such surface water, either by tide action or by thousand pesos (P200,000.00) for every day of violation. The
storm, floods or otherwise, which could cause water fines herein prescribed shall be increased by ten percent (10%)
pollution or impede natural flow in the water body; every two (2) years to compensate for inflation and to maintain
b) Discharging, injecting or allowing to seep into the soil the deterrent function of such fines: Provided, That the
or subsoil any substance in any form that would Secretary, upon recommendation of the PAB may order the
pollute groundwater. In the case of geothermal closure, suspension of development or construction, or
projects, and subject to the approval of the cessation of operations or, where appropriate disconnection of
Department, regulated discharge for short- term water supply, until such time that proper environmental
activities (e.g. well testing, flushing, commissioning, safeguards are put in place and/or compliance with this Act or
venting) and deep re-injection of geothermal liquids its rules and regulations are undertaken. This paragraph shall
may be allowed: Provided, That safety measures are be without prejudice to the issuance of an ex parte order for
adopted to prevent the contamination of the such closure, suspension of development or construction, or
groundwater; cessation of operations during the pendency of the case.
c) Operating facilities that discharge regulated water
Failure to undertake clean-up operations, willfully, or through
pollutants without the valid required permits or after
gross negligence, shall be punished by imprisonment of not
the permit was revoked for any violation of any
less than two (2) years and not more than four (4) years and a
condition therein;
fine not less than Fifty thousand pesos (P50,000.00) and not
d) Disposal of potentially infectious medical waste into
more than One hundred thousand pesos (P100,000.00) per day
sea water by vessels unless the health or safety of
for each day of violation. Such failure or refusal which results
individuals on board the vessel is threatened by a
in serious injury or loss of life and/or irreversible water



contamination of surface, ground, coastal and marine water environment;

shall be punished with imprisonment of not less than six (6) (b) Utilize environmentally-sound methods that maximize
years and one day and not more than twelve (12) years, and a the utilization of valuable resources and encourage
fine of Five Hundred Thousand Pesos (P500,000.00) per day resource conservation and recovery;
for each day during which the omission and/or contamination (c) Set guidelines and targets for solid waste avoidance
continues. and volume reduction through source reduction and
waste minimization measures, including composting,
In case of gross violation of this Act, the PAB shall issue a
recycling, re-use, recovery, green charcoal process,
resolution recommending that the proper government
and others, before collection, treatment and disposal
agencies file criminal charges against the violators. Gross
in appropriate and environmentally sound solid waste
violation shall mean any of the following:
management facilities in accordance with
a) deliberate discharge of toxic pollutants identified ecologically sustainable development principles;
pursuant to Republic Act No.6969 in toxic amounts; (d) Ensure the proper segregation, collection, transport,
b) five (5) or more violations within a period of two (2) storage, treatment and disposal of solid waste
years; or through the formulation and adoption of the best
c) blatant disregard of the orders of the PAB, such as environmental practice in ecological waste
the non-payment of fines, breaking of seals or management excluding incineration;
operating despite the existence of an order for (e) Promote national research and development
closure, discontinuance or cessation of operation. programs for improved solid waste management and
In which case, offenders shall be punished with a fine of not resource conservation techniques, more effective
less than Five hundred thousand pesos (P500,000.00) but not institutional arrangement and indigenous and
more than Three million pesos (P3,000,000.00) per day for improved methods of waste reduction, collection,
each day of violation or imprisonment of not less than six (6) separation and recovery;
years but not more than ten (10) years, or both, at the (f) Encourage greater private sector participation in solid
discretion of the court. If the offender is a juridical person, the waste management;
president, manager and the pollution control officer or the (g) Retain primary enforcement and responsibility of
official in charge of the operation shall suffer the penalty solid waste management with local government units
herein provided. while establishing a cooperative effort among the
national government, other local government units,
For violations falling under Section 4 of Presidential Decree
non-government organizations, and the private sector;
No.979 or any regulations prescribed in pursuance thereof,
(h) Encourage cooperation and self-regulation among
such person shall be liable for a fine of not less than Fifty
waste generators through the application of
thousand pesos (P50,000.00) nor more than One million pesos
market-based instruments;
(P1,000,000.00) or by imprisonment of not less than one (1)
year nor more than six (6) years or both, for each offense, (i) Institutionalize public participation in the
without prejudice to the civil liability of the offender in development and implementation of national and
accordance with existing laws. If the offender is a juridical local integrated, comprehensive and ecological waste
entity, then its officers, directors, agents or any person management programs; and
primarily responsible shall be held liable: Provided, That any (j) Strengthen the integration of ecological solid waste
vessel from which oil or other harmful substances are management and resource conservation and
discharged in violation of Section 4 of Presidential Decree recovery topics into the academic curricula of formal
No.979 shall be liable for penalty of fine specified in the and non-formal education in order to promote
immediately preceding paragraph and clearance of such environmental awareness and action among the
vessel from the port of the Philippines may be withheld until citizenry.
the fine is paid and such penalty shall constitute a lien on such

vessel which may be recovered in proceedings by libel in rem
in the proper court which the vessel may be. The owner or Definition of Terms
operator of a vessel or facility which discharged the oil or other
Sec 3. (ii) Segregation shall refer to a solid waste
harmful substances will be liable to pay for any clean-up costs.
management practice of separating different materials found
Provided, finally, That water pollution cases involving acts or in solid waste in order to promote recycling and re-use of
omissions --- committed within the Laguna Lake Region shall resources and to reduce the volume of waste for collection
be dealt with in accordance with the procedure under R. A. and disposal;
No.4850 as amended.
(jj) Segregation at source shall refer to a solid waste
management practice of separating, at the point of origin,
different materials found in solid waste in order to promote
RA 9003, Ecological Solid Waste Management Act of recycling and re-use of resources and to reduce the volume of
2000 waste for collection and disposal;
Approved: January 26, 2001 (kk) Solid waste shall refer to all discarded household,
Published in Malaya and the Manila Times on January 31, 2001. commercial waste, non-hazardous institutional and industrial
DAO 34-01, IRR waste, street sweepings, construction debris, agricultural
waste, and other non-hazardous/non-toxic solid waste.
Declaration of Policy Unless specifically noted otherwise, the term "solid waste" as
used in this Act shall not include:
SECTION 2. Declaration of Policies. — It is hereby declared the
policy of the State to adopt a systematic, comprehensive and (1) waste identified or listed as hazardous waste of a
ecological solid waste management program which shall: solid, liquid, contained gaseous or semi-solid form
which may cause or contribute to an increase in
(a) Ensure the protection of public health and
mortality or in serious or incapacitating reversible



illness, or acute/chronic effect on the health of appropriate permits and clearances;
persons and other organisms; (l) Review the incentives scheme for effective solid
(2) infectious waste from hospitals such as equipment, waste management, for purposes of ensuring
instruments, utensils, and fomites of a disposable relevance and efficiency in achieving the objectives of
nature from patients who are suspected to have or this Act;
have been diagnosed as having communicable (m) Formulate the necessary education promotion and
diseases and must therefore be isolated as required information campaign strategies;
by public health agencies, laboratory wastes such as (n) Establish, after notice and hearing of the parties
pathological specimens (i.e., all tissues, specimens of concerned, standards, criteria, guidelines and formula
blood elements, excreta, and secretions obtained that are fair, equitable and reasonable, in establishing
from patients or laboratory animals), and disposable tipping charges and rates that the proponent will
fomites that may harbor or transmit pathogenic charge in the operation and management of solid
organisms, and surgical operating room pathologic waste management facilities and technologies;
specimens and disposable fomites attendant thereto, (o) Develop safety nets and alternative livelihood
and similar disposable materials from outpatient programs for small recyclers and other sectors that
areas and emergency rooms; and will be affected as a result of the construction and/or
(3) waste resulting from mining activities, including operation of a solid waste management recycling
contaminated soil and debris. plant or facility;
(p) Formulate and update a list of non-environmentally
acceptable materials in accordance with the
Implementing Agencies provisions of this Act. For this purpose, it shall be
necessary that proper consultation be conducted by
SECTION 4. National Solid Waste Management Commission. the Commission with all concerned industries to
— There is hereby established a National Solid Waste ensure a list that is based on technological and
Management Commission, hereinafter referred to as the economic viability;
Commission, under the Office of the President. The (q) Encourage private sector initiatives, community
Commission shall be composed of fourteen (14) members participation and investments resource
from the government sector and three (3) members from the recovery-based livelihood programs for local
private sector. communities;
SECTION 5. Powers and Functions of the Commission. — The (r) Encourage all local government agencies and all local
Commission shall oversee the implementation of solid waste government units to patronize products
management plans and prescribe policies to achieve the manufactured using recycled and recyclable
objectives of this Act. The Commission shall undertake the materials;
following activities: (s) Propose and adopt regulations requiring the source
separation and post separation collection, segregated
(a) Prepare the national solid waste management
collection, processing, marketing and sale of organic
framework;
and designated recyclable material generated in each
(b) Approve local solid waste management plans in
local government unit; and
accordance with its rules and regulations;
(t) Study and review the following:
(c) Review and monitor the implementation of local solid
(i) Standards, criteria and guidelines for the
waste management plans;
promulgation and implementation of an
(d) Coordinate the operation of local solid waste
integrated national solid waste management
management boards in the provincial and
framework; and
city/municipal levels;
(ii) Criteria and guidelines for siting, design,
(e) To the maximum extent feasible, utilizing existing
operation and maintenance of solid waste
resources, assist provincial, city and municipal solid
management facilities.
waste management boards in the preparation,
modification, and implementation of waste SECTION 7. The National Ecology Center. — There shall be
management plans; established a National Ecology Center under the Commission
(f) Develop a model provincial, city and municipal solid which shall provide consulting, information, training, and
waste management plan that will establish networking services for the implementation of the provisions
prototypes of the content and format which of this Act.
provinces, cities and municipalities may use in In this regard, it shall perform the following functions:
meeting the requirements of the National Solid Waste (a) Facilitate training and education in integrated
Management Framework; ecological solid waste management;
(g) Adopt a program to provide technical and other (b) Establish and manage a solid waste management
capability building assistance and support to local information database, in coordination with the DTI
government units in the development and and other concerned agencies:
implementation of source reduction programs; (1) on solid waste generation and management
(h) Develop and implement a program to assist local techniques as well as the management,
government units in the identification of markets for technical and operational approaches to
materials that are diverted from disposal facilities resource recovery; and
through re-use, recycling, and composting, and other
(2) of processors/recyclers, the list of materials
environment-friendly methods;
being recycled or bought by them and their
(i) Develop a mechanism for the imposition of sanctions
respective prices;
for the violation of environmental rules and
(c) Promote the development of a recycling market
regulations;
through the establishment of a national recycling
(j) Manage the Solid Waste Management Fund;
network that will enhance the opportunity to recycle;
(k) Develop and prescribe procedures for the issuance of



(d) Provide or facilitate expert assistance in pilot following functions and responsibilities:
modeling of solid waste management facilities; and (1) Develop a provincial solid waste management plan
(e) Develop, test, and disseminate model waste from the submitted solid waste management plans of
minimization and reduction auditing procedures for the respective city and municipal solid waste
evaluating options. management boards herein created. It shall review
The National Ecology Center shall be headed by the director of and integrate the submitted plans of all its
the Bureau in his ex officio capacity. It shall maintain a component cities and municipalities and ensure that
multi-sectoral, multi-disciplinary pool of experts including the various plans complement each other, and have
those from the academe, inventors, practicing professionals, the requisite components. The Provincial Solid Waste
business and industry, youth, women and other concerned Management Plan shall be submitted to the
sectors, who shall be screened according to qualifications set Commission for approval.
by the Commission. The Provincial Plan shall reflect the general program
SECTION 8. Role of the Department. — For the furtherance of of action and initiatives of the provincial government
the objectives of this Act, the Department shall have the in implementing a solid waste management program
following functions: that would support the various initiatives of its
(a) Chair the Commission created pursuant to this Act; component cities and municipalities.
(b) Prepare an annual National Solid Waste Management (2) Provide the necessary logistical and operational
Status Report support to its component cities and municipalities in
(c) Prepare and distribute information, education and consonance with subsection (f) of Sec. 17 of the
communication materials on solid waste Local Government Code;
management; (3) Recommend measures and safeguards against
(d) Establish methods and other parameters for the pollution and for the preservation of the natural
measurement of waste reduction, collection and ecosystem;
disposal; (4) Recommend measures to generate resources,
(e) Provide technical and other capability building funding and implementation of projects and activities
assistance and support to the LGUs in the as specified in the duly approved solid waste
development and implementation of local solid waste management plans;
management plans and programs; (5) Identify areas within its jurisdiction which have
(f) Recommend policies to eliminate barriers to waste common solid waste management problems and are
reduction programs; appropriate units for planning local solid waste
(g) Exercise visitorial and enforcement powers to ensure management services in accordance with Section 41
strict compliance with this Act; hereof;
(h) Perform such other powers and functions necessary (6) Coordinate the efforts of the component cities and
to achieve the objectives of this Act; and municipalities in the implementation of the Provincial
(i) Issue rules and regulations to effectively implement Solid Waste Management Plan;
the provisions of this Act. (7) Develop an appropriate incentive scheme as an
SECTION 9. Visitorial Powers of the Department. — The integral component of the Provincial Solid Waste
Department or its duly authorized representative shall have Management Plan;
access to, and the right to copy therefrom, the records required (8) Convene joint meetings of the provincial, city and
to be maintained pursuant to the provisions of this Act. The municipal solid waste management boards at least
Secretary or the duly authorized representative shall likewise every quarter for purposes of integrating,
have the right to enter the premises of any generator, recycler synchronizing, monitoring and evaluating the
or manufacturer, or other facilities any time to question any development and implementation of its provincial
employee or investigate any fact, condition or matter which solid waste management plan;
may be necessary to determine any violation, or which may aid (9) Represent any of its component city or municipality in
in the effective enforcement of this Act and its implementing coordinating its resource and operational
rules and regulations. This Section shall not apply to private requirements with agencies of the national
dwelling places unless the visitorial power is otherwise government;
judicially authorized. (10) Oversee the implementation of the Provincial Solid
Waste Management Plan;
SECTION 10. Role of LGUs in Solid Waste Management. —
(11) Review every two (2) years or as the need arises the
Pursuant to the relevant provisions of R.A. No. 7160, otherwise
Provincial Solid Waste Management Plan for
known as the Local Government Code, the LGUs shall be
purposes of ensuring its sustainability, viability,
primarily responsible for the implementation and enforcement
effectiveness and relevance in relation to local and
of the provisions of this Act within their respective international developments in the field of solid waste
jurisdictions. management; and
Segregation and collection of solid waste shall be conducted (12) Allow for the clustering of LGUs for the solution of
at the barangay level specifically for biodegradable, common solid waste management problems.
compostable and reusable wastes: Provided, That the SECTION 12. City and Municipal Solid Waste Management
collection of non-recyclable materials and special wastes shall Board. — Each city or municipality shall form a City or
be the responsibility of the municipality or city.
Municipal Waste Management Board that shall prepare,
SECTION 11. Provincial Solid Waste Management Board. — A submit and implement a plan for the safe and sanitary
Provincial Solid Waste Management Board shall be management of solid waste generated in areas under its
established in every province, to be chaired by the governor. geographic and political coverage.
XXXX The City or Municipal Solid Waste Management Board shall be
The Provincial Solid Waste Management Board shall have the composed of the city or municipal mayor as head with the



following as members: and any assigned conditions. When the title to a disposal is
XXXX transferred to another person, the new owner shall be notified
by the previous owner of the existence of these standards and
The City and Municipal Solid Waste Boards shall have the of the conditions assigned to assure compliance.
following duties and responsibilities:
(1) Develop the City or Municipal Solid Waste
Management Plan that shall ensure the long-term
management of solid waste, as well as integrate the
019 Province of Rizal v Executive Secretary (2005)
various solid waste management plans and
strategies of the barangays in its area of jurisdiction. At the height of the garbage crisis plaguing Metro Manila and its
In the development of the Solid Waste Management environs, parts of the Marikina Watershed Reservation were set
Plan, it shall conduct consultations with the various aside by the Office of the President, through Proclamation No.
sectors of the community; 635 dated 28 August 1995, for use as a sanitary landfill and
(2) Adopt measures to promote and ensure the viability similar waste disposal applications. In fact, this site, extending
and effective implementation of solid waste to more or less 18 hectares, had already been in operation since
management programs in its component barangays; 19 February 1990[2] for the solid wastes of Quezon City, Marikina,
(3) Monitor the implementation of the City or Municipal San Juan, Mandaluyong, Pateros, Pasig, and Taguig.[3]
Solid Waste Management Plan through its various
political subdivisions and in cooperation with the This is a petition filed by the Province of Rizal, the municipality of
private sector and the NGOs; San Mateo, and various concerned citizens for review on
(4) Adopt specific revenue-generating measures to
certiorari of the Decision of the Court of Appeals in CA-G.R. SP
promote the viability of its Solid Waste Management
No. 41330, denying, for lack of cause of action, the petition for
Plan;
certiorari, prohibition and mandamus with application for a
(5) Convene regular meetings for purposes of planning
and coordinating the implementation of the solid temporary restraining order/writ of preliminary injunction
waste management plans of the respective assailing the legality and constitutionality of Proclamation No.
component barangays; 635.
(6) Oversee the implementation of the City or Municipal
Solid Waste Management Plan; ISSUE
(7) Review every two (2) years or as the need arises the Whether or not PP 635 is illegal and that the San Mateo Site
City or Municipal Solid Waste Management Plan for should be permanently closed.
purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and HELD
international developments in the field of solid waste YES. We hold that the San Mateo Landfill will remain permanently
management; closed.
(8) Develop the specific mechanics and guidelines for The respondents point out that the Marikina Watershed
the implementation of the City or Municipal Solid Reservation, and thus the San Mateo Site, is located in the public
Waste Management Plan;
domain. They allege that as such, neither the Province of Rizal
(9) Recommend to appropriate local government
nor the municipality of San Mateo has the power to control or
authorities specific measures or proposals for
regulate its use since properties of this nature belong to the
franchise or build-operate-transfer agreements with
duly recognized institutions, pursuant to R.A. 6957, to national, and not to the local governments.
provide either exclusive or non-exclusive authority for Oposa v. Factoran,[45] held that the right to a balanced and
the collection, transfer, storage, processing, recycling healthful ecology is a fundamental legal right that carries with it
or disposal of municipal solid waste. The proposals the correlative duty to refrain from impairing the environment.
shall take into consideration appropriate government This right implies, among other things, the judicious management
rules and regulations on contracts, franchises and and conservation of the country's resources, which duty is
build-operate-transfer agreements; reposed in the DENR under the aforequoted Section 4 of
(10) Provide the necessary logistical and operational Executive Order No. 192. In sum, the Administrative Code of 1987
support to its component cities and municipalities in and Executive Order No. 192 entrust the DENR with the
consonance with subsection (f) of Sec. 17 of the guardianship and safekeeping of the Marikina Watershed
Local Government Code; Reservation and our other natural treasures. However, although
(11) Recommend measures and safeguards against the DENR, an agency of the government, owns the Marikina
pollution and for the preservation of the natural
Reserve and has jurisdiction over the same, this power is not
ecosystem; and
absolute, but is defined by the declared policies of the state, and is
(12) Coordinate the efforts of its component barangays in
subject to the law and higher authority.
the implementation of the city or municipal Solid
The circumstances under which Proclamation No. 635 was
Waste Management Plan.
passed also violates Rep. Act No. 7160, or the Local Government
Code. In Lina , Jr. v. Paño,[49] we held that Section 2 (c), requiring
Owner and Operator consultations with the appropriate local government units, should
apply to national government projects affecting the
SECTION 18. Owner and Operator. — Responsibility for environmental or ecological balance of the particular community
compliance with the standards in this Act shall rest with the implementing the project. Thus, the projects and programs
owner and/or operator. If specifically designated, the operator mentioned in Section 27 should be interpreted to mean projects
is considered to have primary responsibility for compliance; and programs whose effects are among those enumerated in
however, this does not relieve the owner of the duty to take all Section 26 and 27, to wit, those that: (1) may cause pollution; (2)
reasonable steps to assure compliance with these standards may bring about climatic change; (3) may cause the depletion of



non-renewable resources; (4) may result in loss of crop land, Cradle to Grave Approach
range-land, or forest cover; (5) may eradicate certain animal or
plant species from the face of the planet; and (6) other projects
or programs that may call for the eviction of a particular group
of people residing in the locality where these will be
implemented.
Moreover, Section 447, which enumerates the powers, duties and
functions of the municipality, grants the sangguniang bayan the
power to, among other things, "enact ordinances, approve
resolutions and appropriate funds for the general welfare of the
municipality and its inhabitants pursuant to Section 16 of th(e)
Code."
Under the Local Government Code, therefore, two requisites must
be met before a national project that affects the environmental
and ecological balance of local communities can be
implemented: prior consultation with the affected local
communities, and prior approval of the project by the
appropriate sanggunian. Absent either of these mandatory
requirements, the project's implementation is illegal.
Lastly, waste disposal is regulated by the Ecological Solid Waste

Management Act of 2000. It was enacted pursuant to the
declared policy of the state "to adopt a systematic, Mandatory Segregation, Collection Requirements,
comprehensive and ecological solid waste management system Recycling Programs
which shall ensure the protection of public health and
environment, and utilize environmentally sound methods that SECTION 21. Mandatory Segregation of Solid Wastes. — The
maximize the utilization of valuable resources and encourage LGUs shall evaluate alternative roles for the public and private
resource conservation and recovery."[53] It requires the adherence sectors in providing collection services, type of collection
to a Local Government Solid Waste Management Plan with system, or combination of systems, that best meet their
needs: Provided, That segregation of wastes shall primarily be
regard to the collection and transfer, processing, source
conducted at the source, to include household, institutional,
reduction, recycling, composting and final disposal of solid
industrial, commercial and agricultural sources: Provided,
wastes, the handling and disposal of special wastes, education
further, That wastes shall be segregated into the categories
and public information, and the funding of solid waste provided in Sec. 22 of this Act.
management projects.
For premises containing six (6) or more residential units, the
The said law mandates the formulation of a National Solid Waste
local government unit shall promulgate regulations requiring
Management Framework, which should include, among other
the owner or person in charge of such premises to:
things, the method and procedure for the phaseout and the
eventual closure within eighteen months from effectivity of the (a) provide for the residents a designated area and
containers in which to accumulate source separated
Act in case of existing open dumps and/or sanitary landfills
recyclable materials to be collected by the
located within an aquifer, groundwater reservoir or watershed
municipality or private center; and
area.[54] Any landfills subsequently developed must comply with
(b) notify the occupants of such buildings of the
the minimum requirements laid down in Section 40, specifically
requirements of this Act and the regulations
that the site selected must be consistent with the overall land promulgated pursuant thereto.
use plan of the local government unit, and that the site must be
SECTION 22. Requirements for the Segregation and Storage
located in an area where the landfill's operation will not
of Solid Waste. — The following shall be the minimum
detrimentally affect environmentally sensitive resources such as
standards and requirements for segregation and storage of
aquifers, groundwater reservoirs or watershed areas.[55]
solid waste pending collection:

(a) There shall be a separate container for each type of
Hierarchy of Values in Solid Waste Management 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 and 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.
SECTION 23. Requirements for Collection of Solid Waste. —
The following shall be the minimum standards and
requirements for the collection of solid waste:
(a) All collectors and other personnel directly dealing
with collection of solid waste shall be equipped with
personal protective equipment to protect them from
the hazards of handling solid wastes;
(b) Necessary training shall be given to the collectors
and personnel to ensure that the solid wastes are



handled properly and in accordance with the (g) The site chosen should facilitate developing a landfill
guidelines pursuant to this Act; and that will satisfy budgetary constraints, including site
(c) Collection of solid waste shall be done in a manner development, operation for many years, closure,
which prevents damage to the container, and spillage post-closure care and possible remediation costs;
or scattering of solid waste within the collection (h) Operating plans must include provisions for
vicinity. coordinating with recycling and resource recovery
SECTION 30. Prohibition on the Use of Non-Environmentally projects; and
Acceptable Packaging. — No person owning, operating or (i) Designation of a separate containment area for
conducting a commercial establishment in the country shall household hazardous wastes.
sell or convey at retail or possess with the intent to sell or SECTION 41. Criteria for Establishment of Sanitary Landfill. —
convey at retail any products that are placed, wrapped or The following shall be the minimum criteria for the
packaged in or on packaging which is not environmentally establishment of sanitary landfills:
acceptable packaging: Provided, That the Commission shall (a) Liners — a system of clay layers and/or geosynthetic
determine a phase-out period after proper consultation and membranes used to contain leachate and reduce or
hearing with the stakeholders or with the sectors concerned. prevent contaminant flow to groundwater;
The presence in the commercial establishment of (b) Leachate collection and treatment system —
non-environmentally acceptable packaging shall constitute a installation of pipes at the low areas of the liner to
rebuttable presumption of intent to sell or convey the same at collect leachate for storage and eventual treatment
retail to customers. and discharge;
Any person who is a manufacturer, broker or warehouse (c) Gas control and recovery system — a series of
operator engaging in the distribution or transportation of vertical wells or horizontal trenches containing
commercial products within the country shall file a report with permeable materials and perforated piping placed in
the concerned local government unit within one (1) year from the landfill to collect gas for treatment or productive
the effectivity of this Act, and annually thereafter, a listing of use as an energy source;
any products in packaging which is not environmentally (d) Groundwater monitoring well system — wells placed
acceptable. The Commission shall prescribe the form of such at an appropriate location and depth for taking water
report in its regulations. samples that are representative of groundwater
A violation of this Section shall be sufficient grounds for the quality;
revocation, suspension, denial or non-renewal of any license (e) Cover — two (2) forms of cover consisting of soil and
for the establishment in which the violation occurs. geosynthetic materials to protect the waste from
long-term contact with the environment:
(i) a daily cover placed over the waste at the
close of each day's operations, and
Prohibition against Open Dumping and Criteria for Siting
(ii) a final cover, or cap, which is the material
and Establishment of Sanitary Landfill placed over the completed landfill to control
infiltration of water, gas emission to the
SECTION 37. Prohibition Against the Use of Open Dumps for
atmosphere, and erosion.
Solid Waste. — No open dumps shall be established and
(f) Closure procedure — with the objectives of
operated, nor any practice or disposal of solid waste by any
establishing low maintenance cover systems and
person, including LGUs, which constitutes the use of open
final cover that minimizes the infiltration of
dumps for solid waste, be allowed after the effectivity of this
precipitation into the waste. Installation of the final
Act: Provided, That within three (3) years after the effectivity of
cover must be completed within six (6) months of the
this Act, every LGU shall convert its open dumps into
last receipt of wastes; and
controlled dumps, in accordance with the guidelines set in Sec.
(g) Post-closure care procedure — During this period, the
41 of this Act: Provided, further, That no controlled dumps
landfill owner shall be responsible for providing for
shall be allowed five (5) years following the effectivity of this
the general upkeep of the landfill, maintaining all of
Act.
the landfill's environmental protection features,
SECTION 40. Criteria for Siting a Sanitary Landfill. — The operating monitoring equipment, remediating
following shall be the minimum criteria for the siting of groundwater should it become contaminated and
sanitary landfills: controlling landfill gas migration or emission.
(a) The site selected must be consistent with the overall
land use plan of the LGU;
(b) The site must be accessible from major roadways or Prohibited Acts and Fines and Penalties
thoroughfares;
(a) Administrative sanctions against government officials
(c) The site should have an adequate quantity of earth
cover material that is easily handled and compacted; SECTION 48. Prohibited Acts. — The following acts are
(d) The site must be chosen with regard for the prohibited:
sensitivities of the community's residents;
(e) The site must be located in an area where the (1) Littering, throwing, dumping of waste matters in
landfill's operation will not detrimentally affect public places, such as roads, sidewalks, canals,
environmentally sensitive resources such as aquifer, esteros or parks, and establishment, or causing or
groundwater reservoir or watershed area; permitting the same;
(f) The site should be large enough to accommodate the (2) Undertaking activities or operating, collecting or
community's wastes for a period of five (5) years transporting equipment in violation of sanitation
during which people must internalize the value of operation and other requirements or permits set forth
environmentally sound and sustainable solid waste in or established pursuant to this Act;
disposal; (3) The open burning of solid waste;
(4) Causing or permitting the collection of



non-segregated or unsorted waste; less than Ten thousand pesos (P10,000.00) but not
(5) Squatting in open dumps and landfills; more than Two hundred thousand pesos
(6) Open dumping, burying of biodegradable or (P200,000.00) or imprisonment of not less than thirty
non-biodegradable materials in flood-prone areas; (30) days but not more than three (3) years, or both;
(7) Unauthorized removal of recyclable material intended (f) Any person who violates Sec. 48, pars. (14), (15) and
for collection by authorized persons; (16) shall, upon conviction, be punished with a fine
(8) The mixing of source-separated recyclable material not less than One hundred thousand pesos
with other solid waste in any vehicle, box, container or (P100,000.00) but not more than One million pesos
receptacle used in solid waste collection or disposal; (P1,000,000.00), or imprisonment not less than one
(9) Establishment or operation of open dumps as (1) year but not more than six (6) years, or both.
enjoined in this Act, or closure of said dumps in If the offense is committed by a corporation, partnership, or
violation of Sec. 37; other juridical entity duly organized in accordance with law, the
(10) The manufacture, distribution or use of chief executive officer, president, general manager, managing
non-environmentally acceptable packaging materials; partner or such other officer-in-charge shall be liable for the
(11) Importation of consumer products packaged in commission of the offense penalized under this Act.
non-environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as If the offender is an alien, he shall, after service of the
"recyclable" or "with recyclable content"; sentence prescribed above, be deported without further
(13) Transport and dumping in bulk of collected domestic, administrative proceedings.
industrial, commercial and institutional wastes in The fines herein prescribed shall be increased by at least ten
areas other than centers or facilities prescribed under percent (10%) every three (3) years to compensate for inflation
this Act; and to maintain the deterrent function of such fines.
(14) Site preparation, construction, expansion or operation SECTION 50. Administrative Sanctions. — Local government
of waste management facilities without an officials and officials of government agencies concerned who
Environmental Compliance Certificate required fail to comply with and enforce rules and regulations
pursuant to Presidential Decree No. 1586 and this Act promulgated relative to this Act shall be charged
and not conforming with the land use plan of the LGU; administratively in accordance with R.A. 7160 and other
(15) The construction of any establishment within two existing laws, rules and regulations.
hundred (200) meters from open dumps or controlled
dumps, or sanitary landfills; and
(16) The construction or operation of landfills or any
RA 3931, PD 984, Sec 13 of EO 192, The Pollution
waste disposal facility on any aquifer, groundwater
reservoir or watershed area and or any portions
Adjudication Board
thereof. August 18, 1976
SECTION 49. Fines and Penalties. — PAB Resolution No 001-10, PAB Rules
(a) Any person who violates Sec. 48, paragraph (1) shall,
upon conviction, be punished with a fine of not less
Composition
than Three hundred pesos (P300.00) but not more
than One thousand pesos (P1,000.00) or render The Board shall be composed of the Secretary as Chairman,
community service for not less than one (1) day to two (2) Undersecretaries as may be designated by the
not more than fifteen (15) days to an LGU where such Secretary, the Director of Environmental Management, and
prohibited acts are committed, or both; three (3) others to be designated by the Secretary as
(b) Any person who violates Sec. 48, pars. (2) and (3), members. The Board shall assume the powers and functions
shall, upon conviction, be punished with a fine of not of the Commission/Commissioners of the National Pollution
less than Three hundred pesos (P300.00) but not Control Commission with respect to the adjudication of
more than One thousand pesos (P1,000.00) or pollution cases under Republic Act 3931 and Presidential
imprisonment of not less than one (1) day to not Decree 984, particularly with respect to Section 6 letters e, f, g,
more than fifteen (15) days, or both; j, k, and p of P.D. 984. The Environmental Management Bureau
(c) Any person who violates Sec. 48, pars. (4), (5), (6), shall serve as the Secretariat of the Board. These powers and
and (7) shall, upon conviction, be punished with a fine functions may be delegated to the regional officers of the
of not less than One thousand pesos (P1,000.00) but Department in accordance with rules and regulations to be
not more than Three thousand pesos (P3,000.00) or promulgated by the Board.
imprisonment of not less than fifteen (15) days but
not more than six (6) months, or both;
(d) Any person who violates Sec. 48, pars. (8), (9), (10) Jurisdiction (PAB Resolution No 001-10)
and (11) for the first time shall, upon conviction, pay a
fine of Five hundred thousand pesos (P500,000.00) (a) General - The Board shall have exclusive jurisdiction
plus an amount not less than five percent (5%) but over the adjudication of pollution cases, and all other
matters related thereto, including the imposition of
not more than ten percent (10%) of his net annual
administrative sanctions.
income during the previous year.
The additional penalty of imprisonment of a minimum Pursuant to Section 19 of Executive Order 192, the
period of one (1) year, but not to exceed three (3) powers and functions may be delegated to the Regional
years at the discretion of the court, shall be imposed Officers of the Department in accordance with rules and
for second or subsequent violations of Sec. 48, regulation to be formulated by the Board.
paragraphs (9) and (10). (b) Specific - Notwithstanding the general jurisdiction of
the Board over adjudication of pollution cases, and all
(e) Any person who violates Sec. 48, pars. (12) and (13),
matters related thereto, the Board has specific
shall, upon conviction, be punished with a fine of not
jurisdiction, over the following cases:



1. Clean Air Act (RA 8749) accumulated daily penalty computed from February 4,
a. For actual exceedance of air quality standards 2002 until March 25, 2002.
or limitations provided under the Clean Air Act; ● The CA rendered its Decision granting the petition of
b. Any order, rule or regulation issued by the herein respondent and reversing and setting aside the
DENR with respect to such standard or assailed Orders of the LLDA.
limitation ISSUES
2. Clean Water Act (RA 9275) 1. WON SM failed to exhaust administrative remedies.
The PAB has the exclusive and original jurisdiction with 2. WON CA has no jurisdiction over the petition for
respect to adjudication of pollution cases based on certiorari filed by SM.
exceedance of the DENR Effluent Standards and other 3. WON the LLDA has the power to impose fines and
acts defined as prohibited under Section 27 of R.A. penalties.
9275.
HELD
3. Establishing an Environmental Impact Statement System As to the first assigned error, the Court agrees with petitioners
(P.D. 1586) that respondent did not exhaust administrative remedies before
The PAB has jurisdiction to hear cases of violation of filing a petition for certiorari with the CA.
P.D. 1586 and its IRR as defined in Section 27 (h) of R.A. A determination of whether or not the LLDA indeed committed
9275 grave abuse of discretion in imposing fine on respondent would
4. Ecological Solid Waste Management Act (RA 9003) necessarily and inevitably touch on the factual issue of whether
or not respondent in fact complied with the effluent standards set
The PAB has jurisdiction to hear cases of unauthorized
under the law. Since the matters raised by respondent involve
transport and dumping into seawater solid waste as
defined in R.A. 9003. factual issues, the questioned Orders of the LLDA should have
been brought first before the DENR.
5. Toxic Substances and Hazardous Wastes Act RA 6969
Anent the second assigned error, the Court does not agree with
The PAB has jurisdiction over cases of:
petitioners' contention that the CA does not have jurisdiction to
a. Illegal transport or dumping or discharge of
prohibited chemicals, substances or pollutants entertain the petition for certiorari filed by respondent
listed under R.A. 6969; and questioning the subject Orders of the LLDA. Rule 43 refers to
b. Operating facilities that discharges hazardous appeals from judgments or orders of quasi-judicial agencies in
substances into water bodies. the exercise of their quasi-judicial functions.
(c) Voluntary Nonetheless, the Court agrees with petitioners that respondent is
already estopped from questioning the power of the LLDA to
Section 10. Jurisdiction. The Commission shall have no impose fines as penalty owing to the fact that respondent
jurisdiction over waterworks or sewage system operated by actively participated during the hearing of its water pollution case
the Metropolitan Waterworks Sewerage System, but the rules before the LLDA without impugning such power of the said
and regulations issued by the Commission for the protection agency.
and prevention of pollution under the authority herein granted
In any case, this Court has categorically ruled in Pacific Steam
shall supersede and prevail over any rules or regulations as
Laundry, Inc. v. Laguna Lake Development Authority,[23] that the
may heretofore have been issued by other government
LLDA has the power to impose fines in the exercise of its function
agencies or instrumentalities on the same subject.
as a regulatory and quasi-judicial body with respect to pollution
In case of development projects involving specific human
cases in the Laguna Lake region.
settlement sites or integrated regional or sub- regional

projects, such as the Tondo Foreshore Development Authority
and the Laguna Lake Development Authority, the Commission 021 Estrada v CA, et al (2004)
shall consult with the authorities charged with the planning ● Concerned citizens and taxpayers filed before the RTC a
and execution of such projects to ensure that their pollution complaint for Injunction and Damages with Prayer for
control standards comply with those of the Commission. Once Preliminary Injunction and Temporary Restraining Order
minimum pollution standards are established and agreed against Bacnotan Cement Corp. (BCC), Wawandue
upon, the development authorities concerned may, by mutual Fishing Port, Inc. (WFPI), Jeffrey Khong Hun as
agreement and prior consultation with the Commission, President of WFPI, Manuel Molina as Mayor of Subic,
undertake the pollution control activities themselves. Zambales, and Ricardo Serrano as Regional Director
DENR.

● WFPI and the Municipality of Subic entered into an
LLDA v CA, supra (12) illegal lease contract, which in turn became the basis of
a sub-lease in favor of BCC; the sub-lease between WFPI
020 Public Hearing Committee of the LLDA v SM Prime Holdings, and BCC is a violation of the first lease because the
Inc (2010) cement plant, which BCC intended to operate in
● The instant petition arose from an inspection conducted Wawandue, Subic, Zambales, is not related to the fish
on February 4, 2002 by the Pollution Control Division of port business of WFPI; and BCC’s cement plant is a
the LLDA of the wastewater collected from herein nuisance because it will cause pollution, endanger the
respondent's SM City Manila branch. The results of the health, life and limb of the residents and deprive them of
laboratory tests showed that the sample collected from the full use and enjoyment of their properties.
the said facility failed to conform with the effluent ● RTC denied Motion to Dismiss. CA reversed and
standards for inland water. dismissed the case for failing to exhaust administrative
● In an Order to Pay[7] dated October 2, 2002, herein remedies.
petitioner required respondent to pay a fine of Fifty ● BCC contends, among others, that since it only has an
Thousand Pesos (P50,000.00) which represents the “authority to construct” and not yet “permit to operate”
at the time of the filing of the complaint, the writ of



injunction issued by the trial court preempted the DENR condition in said permit until such time that the NPCC
from making the determination of whether or not BCC shall have finally resolved the NPCC case entitled "Msgr.
should be allowed to operate. Rolly Oliverio, et al. vs. Marcopper Mining Corporation."
ISSUE ● NPCC was abolished by Executive Order No. 192 and its
WON the instant case falls under the exceptional cases where powers and functions were integrated into the
prior resort to administrative agencies need not be made before Environmental Management Bureau and into the
going to court. Pollution Adjudication Board (PAB).
HELD ● SENR, in his capacity as Chairman of the PAB, issued an
NO. The doctrine of exhaustion of administrative Order directing MMC to "cease and desist from
remedies requires that resort be first made with the discharging mine tailings into Calancan Bay."
administrative authorities in the resolution of a controversy ● Office of the President denied MMC's requests for
falling under their jurisdiction before the same may be elevated to issuance of restraining orders against the orders of the
a court of justice for review. PAB, that was later reconsidered.
While the doctrine of exhaustion of administrative remedies is ● In line with the directive from the Office of the President,
flexible and may be disregarded in certain instances, such as: the Calancan Bay Rehabilitation Project (CBRP) was
(1) when there is a violation of due process, created, and MMC remitted the amount of P30,000.00 a
(2) when the issue involved is purely a legal question, day, starting from May 13, 1988 to the Ecology Trust
(3) when the administrative action is patently illegal Fund (ETF) thereof. However, on June 30, 1991, MMC
amounting to lack or excess of jurisdiction, stopped discharging its tailings in the Bay, hence, it
(4) when there is estoppel on the part of the administrative likewise ceased from making further deposits to the
agency concerned, ETF.
(5) when there is irreparable injury, ● MMC filed a Motion dated July 9, 1991 manifesting that
(6) when the respondent is a department secretary whose it would discontinue its contributions/deposits to the
acts as an alter ego of the President bears [sic] the ETF.
implied and assumed approval of the latter, ● Office of the President rendered a decision in O.P. Case
(7) when to require exhaustion of administrative remedies No. 3802 dismissing the appeal; affirming the cease and
would be unreasonable, desist Order issued by the PAB.
(8) when it would amount to a nullification of a claim, ● PAB ruled that the obligation of MMC to deposit
(9) when the subject matter is a private land in land case P30,000.00 per day to the ETF of the CBRP subsists, as
proceedings, provided for in the Order of the Office of the President
(10) when the rule does not provide a plain, speedy and dated May 13, 1988, during the "efficacy of said order
adequate remedy, restraining the PAB from enforcing its cease and desist
(11) when there are circumstances indicating the urgency of order against MMC". Since the Order was lifted only on
judicial intervention, February 5, 1993, the obligation of MMC to remit was
(12) when no administrative review is provided by law, likewise extinguished only on said date and not earlier
(13) where the rule of qualified political agency applies, and as contended by MMC from the time it ceased dumping
(14) when the issue of non-exhaustion of administrative tailings into the Bay on July 1, 1991.
remedies has been rendered moot.[25] ● MMC assailed the aforequoted Order dated April 23,
we find, however, that the instant case does not fall under any of 1997 of the PAB as null and void for having been issued
the recognized exceptional circumstances. without jurisdiction or with grave abuse of discretion in
In Pollution Adjudication Board vs. Court of Appeals,[30] we stated a petition for Certiorari and Prohibition (with prayer for
that the PAB is the very agency of the government with the task temporary restraining order and preliminary injunction)
of determining whether the effluents of a particular industrial before the Court of Appeals.
establishment comply with or violate applicable anti-pollution ● CA granted petition of MMC. It opined that with the
statutory and regulatory provisions.[31] We also recognized its passage of the Mining Act of 1995, pollution-related
power to issue, ex parte, cease and desist orders. issues in mining operations are addressed to the Mines
Clearly, the claim of petitioners that their immediate recourse to Regional Director, not the Pollution Adjudication Board.
the regular courts is justified because the DENR is powerless to ISSUE
grant them proper relief is without basis. 1. Has the PAB under RA 3931 as amended by PD 984
(National Pollution Control Decree of 1976) been
022 Republic v Marcopper (2000) divested of its authority to try and hear pollution cases
connected with mining operations by virtue of the
● Respondent Marcopper Mining Corporation (MMC) was
subsequent enactment of RA 7942 (Philippine Mining
issued a temporary permit to operate a tailings[6] sea
Act of 1995)?
disposal system.
2. Whether the appellate court erred in ruling that there is
● MMC filed an application for the renewal thereof with
no basis for further payments by MMC to the Ecology
the National Pollution Control Commission (NPCC).
Trust Fund of the Calancan Bay Rehabilitation Project
● MMC received a telegraphic order from the NPCC
considering that MMC "convincingly argued and which
directing the former to "(i)mmediately cease and desist
respondent unsatisfactorily rebuked, the existing
from discharging mine tailings into Calancan Bay."
fourteen (14) million pesos in the ETF is more than
● The NPCC issued to MMC a new temporary permit with
enough to complete the rehabilitation project."
the condition that "[t]he tailings disposal system shall be
HELD
transferred to San Antonio Pond within two (2) months
1. NO. From a careful reading of the foregoing provisions
from the date of this permit."
of law, we hold that the provisions of RA 7942 do not
● MMC requested the NPCC for an extension of TPO No.
necessarily repeal RA 3931, as amended by PD 984 and
POW-86-454-EJ and the indefinite suspension of the



EO 192. RA 7942 does not contain any provision which

of reports, the issuance of permits, and other rules
categorically and expressly repeals the provisions of the
and regulations for the proper implementation and
Pollution Control Law. Neither could there be an implied enforcement of this Decree.
repeal. It is well-settled that repeals of laws by (e) Issue orders or decisions to compel compliance with
implication are not favored and that courts must the provisions of this Decree and its implementing
generally assume their congruent application. rules and regulations only after proper notice and
There is no irreconcilable conflict between the two laws. Section hearing.
19 of EO 192 vested the PAB with the specific power to (f) Make, alter or modify orders requiring the
adjudicate pollution cases in general. On the other hand, the discontinuance of pollution specifying the conditions
authority of the mines regional director is complementary to that and the time within which such discontinuance must
of the PAB. Section 66 of RA 7942 gives the mines regional be accomplished.
director exclusive jurisdiction over the safety inspection of all (g) Issue, renew, or deny permits, under such conditions
installations, surface or underground in mining operations. as it may determine to be reasonable, for the
Section 67 thereof vests upon the regional director power to prevention and abatement of pollution, for the
issue orders requiring a contractor to remedy any practice discharge of sewage, industrial waste, or for the
installation or operation of sewage works and
connected with mining or quarrying operations which is not in
industrial disposal system or parts thereof: Provided,
accordance with safety and anti-pollution laws and regulations;
however, That the Commission, by rules and
and to summarily suspend mining or quarrying operations in case
regulations, may require subdivisions, condominium,
of imminent danger to life or property. While the mines regional hospitals, public buildings and other similar human
director has express administrative and regulatory powers over settlements to put up appropriate central sewerage
mining operations and installations, it has no adjudicative system and sewage treatment works, except that no
powers over complaints for violation of pollution control permits shall be required of any new sewage works or
statutes and regulations. RA 7942 does not provide for another changes to or extensions of existing works that
forum inasmuch as RA 7942 does not vest quasi-judicial powers discharge only domestic or sanitary wastes from a
in the Mines Regional Director. The authority is vested and single residential building provided with septic tanks
remains with the PAB. or their equivalent. The Commission may impose
2. NO. MMC must be declared not to have arrears in reasonable fees and charges for the issuance or
deposits as admittedly, the ETF already has more than renewal of all permits herein required.
sufficient funds to undertake the rehabilitation of (h) After due notice and hearing, the Commission may
Calancan Bay. Indeed, the records reveal that witness also revoke, suspend or modify any permit issued
for PAB, Mr. Edel Genato, who is the Technical Resource under this decree whenever the same is necessary to
prevent or abate pollution.
person of the PAB for the project admitted that the
(i) Set up effluent, stream, ambient and emission
funds in the ETF amounting to about Fourteen Million
standards and promulgate rules and regulations
Pesos are more than sufficient to cover the costs of
therefor: Provided, That local governments,
rehabilitation. development authorities, and other similar
government instrumentalities or agencies may set up
Powers and Functions, Sec 6, PD 984 higher standards subject to the written approval of
the Commission.
Section 6. Powers and Functions. The Commission shall have (j) Serve as arbitrator for the determination of
the following powers and functions: reparations, or restitution of the damages and losses
(a) Determine the location, magnitude, extent, severity, resulting from pollution.
causes, effects and other pertinent information (k) Deputize in writing or request assistance of
regarding pollution of the water, air and land appropriate government agencies or instrumentalities
resources of the country; take such measures, using for the purpose of enforcing this Decree and its
available methods and technologies, as it shall deem implementing rules and regulations and the orders
best to prevent or abate such pollution; and conduct and decisions of the Commission.
continuing researches and studies on the effective (l) Consult, participate, cooperate and enter into
means for the control and abatement of pollution. agreement with other agencies of the government,
(b) Develop comprehensive multi-year and annual plans and with affected political groups, political
for the abatement of existing pollution and the subdivisions, and enterprises in the furtherance of the
prevention of new or imminent pollution, the purpose of this Decree.
implementation of which shall be consistent with the (m) Collect and disseminate information relating to water,
national development plan of the country. Such plans air, and land pollution and the prevention, abatement
shall indicate priorities and programs during the year. and control thereof.
(c) Issue standards, rules and regulations to govern the (n) Authorize its representative to enter at all reasonable
approval of plans and specifications for sewage times any property of the public dominion and private
works and industrial waste disposal systems and the property devoted to industrial, manufacturing,
issuance of permits in accordance with the processing or commercial use without doing damage,
provisions of this Decree; inspect the construction for the purpose of inspecting and investigating
and maintenance of sewage works and industrial conditions relating to pollution or possible or
waste disposal system for compliance to plans. imminent pollution.
(d) Adopt, prescribe, and promulgate rules and (o) Prepare and submit sixty days after the close of each
regulations governing the procedures of the calendar year an annual report to the President and
Commission with respect to hearings, plans, such periodic reports of activities as may be required
specifications, designs, and other data for sewage from time to time. The annual report shall include the
works and industrial waste disposal system, the filing extent to which the objectives in the plans referred to



024 Mead v Argel (1982)

under Sec. 6 (b) have been achieved.
(p) Exercise such powers and perform such other ● Petitioner Donald Mead and a certain Isaac Arivas were
functions as may be necessary to carry out its duties charged by the Provincial Fiscal of Rizal with a violation
and responsibilities under this Decree. of RA 3931.
● Former was President and GM of Insular Oil Refinery Co.
(INSOIL) that disposed into the highway canal and/or
cause, permit, suffer to be drained or allow to seep into
023 Shell Philippines Exploration BV v Jalos (2010) such waterway the industrial and other waste matters
discharged.
● This case is about a question of jurisdiction over an
● Mead filed a motion to quash on the grounds that the
action against a petroleum contractor, whose pipeline
trial court has no jurisdiction.
operation has allegedly driven the fish away from
ISSUE
coastal areas, inflicting loss of earnings among
Whether or not a Provincial Fiscal has the authority to file an
fishermen.
information for a violation of Republic Act No. 3931.
● Respondents, subsistence fishermen, filed a complaint
HELD
for damages before the RTC averring that their
Only upon prior determination by the NPCC (PAB) that
livelihood was adversely affected by the construction
the law has been violated. The clear legislative intention is to
and operation of Shell's natural gas pipeline.
vest in the Commission the exclusive authority to determine the
● Shell moved for dismissal of the complaint. It alleged
existence of "pollution" penalized thereunder and to prosecute
that the trial court had no jurisdiction over the action.
violations of said law. The power to determine the existence of
● Shell also claimed that it could not be sued pursuant to
pollution is vested by the law in the Commission. A court action
the doctrine of state immunity without the State's
involving the determination of the existence of pollution may not
consent. Shell said that under Service Contract 38, it
be initiated until and unless the Commission has so determined
served merely as an agent of the Philippine government
the existence of what in the law is considered pollution.
in the development of the Malampaya gas reserves.
It is our considered view that the Provincial Fiscal of Rizal lacked
● RTC dismissed the case. CA reversed, ruling that the
the authority to file the information charging the petitioner with a
claim for damages was based on a quasi-delict over
violation of the provisions of Republic Act No. 3931 there being
which the regular courts have jurisdiction.
no prior finding or determination by the Commission that the act
ISSUES
of the petitioner had caused pollution in any water or
atmospheric air of the Philippines. It is not to be understood,
1. Whether or not the complaint is a pollution case that
however, that a fiscal or public prosecutor may not file an
falls within the primary jurisdiction of the PAB;
information for a violation of the said law at all. He may do so if

the Commission had made a finding or determination that the
2. Whether or not the complaint sufficiently alleges a
law or any of its orders had been violated.
cause of action against Shell; and

3. Whether or not the suit is actually against the State and
is barred under the doctrine of state immunity. Rules of Procedure (PAB Resolution No 001-10)
(a) Public Hearing
HELD
1. YES. In resolving Jalos, et al's claim for damages, the Section 7(a). Public Hearing. Public hearings shall be
proper tribunal must determine whether or not the conducted by the Commissioner, Deputy Commissioners or
operation of the pipeline adversely altered the coastal any senior official duly designated by the Commissioner prior
waters' properties and negatively affected its life to issuance or promulgation of any order or decision by the
sustaining function. The power and expertise needed to Commissioner requiring the discontinuance of discharge of
determine such issue lies with the PAB. sewage, industrial wastes or other wastes into the water, air or
2. YES. all the elements of a cause of action are present. land resources of the Philippines as provided in this Decree:
First, Jalos, et al undoubtedly had the right to the Provided, That whenever the Commission find a prima facie
preferential use of marine and fishing resources which evidence that the discharged sewage or wastes are of
is guaranteed by no less than the Constitution.[23] immediate threat to life, public health, safety or welfare, or to
animal or plant life, or exceeds the allowable standards set by
Second, Shell had the correlative duty to refrain from
the Commission, the Commissioner may issue an ex-parte
acts or omissions that could impair Jalos, et al's use
order directing the discontinuance of the same or the
and enjoyment of the bounties of the seas. Lastly,
temporary suspension or cessation of operation of the
Shell's construction and operation of the pipeline, which establishment or person generating such sewage or wastes
is an act of physical intrusion into the marine without the necessity of a prior public hearing. The said
environment, is said to have disrupted and impaired the ex-parte order shall be immediately executory and shall remain
natural habitat of fish and resulted in considerable in force until said establishment or person prevents or abates
reduction of fish catch and income for Jalos, et al. the said pollution within the allowable standards, or modified
3. NO. Shell is not an agent of the Republic of the or nullified by a competent court.
Philippines. It is but a service contractor for the All records of the proceedings of said hearings shall be filed
exploration and development of one of the country's with the Commission. All inquiries, hearings, investigations
natural gas reserves. and proceedings conducted by the Commission shall be
governed by rules adopted by the Commission, and in the
conduct thereof the Commission shall not be bound by
technical rules of evidence: Provided, That the Commissioners



or any of the duly designated Hearing Officers may summarily resolution or decision, submit to the Board a report signed by
punish for contempt, by a fine not exceeding two hundred him or its members, as the case may be, stating the whole of
pesos, any person committing such misconduct in the the proceedings taken to enforce the said order, resolution or
presence of any of the Commissioners or any of the duly decision, together with the corresponding proof of service.
designated Hearing Officers, or so near to them as to seriously
interrupt any hearing or session or any proceeding, or any
person willfully fails or refuses, without just cause, to comply (d) Evidence
with a summon, subpoena, or subpoena duces tecum issued
by the Commissioners or by the duly designated Hearing SECTION 3. RULES OF EVIDENCE - In the conduct of hearings,
Officer or, being present at a hearing, session or investigation, the Board or Hearing Officer shall not be bound by the
refuses to be sworn as a witness or to answer questions when technical rules of evidence under the Rules of Court. However,
lawfully required to do so. The Sheriff or other police agencies the following simplified rules of evidence shall be observed:
of the place where the hearing or investigation is conducted, (a) The Board or Hearing Officer shall admit and give
shall, upon request of the Hearing Officer, assist in the probative value to evidence commonly accepted by a
enforcement of the provisions of this paragraph. reasonably prudent man in the conduct of his affairs.
In case of doubt, all evidence presented shall be

admitted, subject to the objections interposed, if any;
(b) Appeal (b) All documents forming part of the records and
material to the issues of the case, whether marked as
Section 7(b) Appeal to Courts. Any decision of the exhibits or not, shall be deemed admitted as evidence
Commission, in the absence of an appeal therefrom as herein and may be considered in the resolution of the case;
provided, shall become final fifteen days after the date of (c) Documentary evidence may be received in the form of
notification, and judicial review thereof shall be permitted only copies or excerpts, if the original is not readily
after any party claiming to be aggrieved thereby has exhausted available. Upon request, the parties shall be given
the remedies before the Commission. The Commission shall opportunity to compare the copy with the original. If
be deemed to be a party to any judicial action involving any the original is in the official custody of a public officer,
decision. a certified copy thereof may be accepted;
(d) Every party shall have the opportunity to be heard in
RULE XII APPEAL FROM ORDERS OF THE BOARD accordance with administrative due process and to
submit rebuttal evidence; and
SECTION 1. SUBJECT MATTER. An appeal may be taken from (e) The Board of Hearing Officer may take notice of
a judgment or final order that completely disposes of the case, judicially cognizable facts and of generally cognizable
or of a particular matter. technical or scientific facts within its or his
SECTION 2. EFFECT OF APPEAL. Appeal taken from a specialized knowledge. The parties shall be notified
judgment or final order shall not stay the execution of such and afforded an opportunity to contest the facts so
judgment or Order of the Board. noticed.
SECTION 3. APPLICATION OF RULE 43 OF THE REVISED

RULES OF COURT. Appeals taken from orders of the Board
shall be governed by Rule 43 of the Revised Rules of Court. (e) Cease and Desist Order
(i) When ex-parte
(ii) When public hearing is required
(c) Execution
SECTION 1. CEASE AND DESIST ORDER – Whenever the
RULE XIV. EXECUTION Board finds prima facie evidence that the emission or
discharge of pollutants constitutes an immediate threat to life,
SECTION 1. EXECUTION OF ORDER, RESOLUTION OR
public health, safety or welfare, or to animal or plant life, or
DECISION - The orders, resolutions and decisions of the Board,
exceeds the allowable DENR Standards, it may issue or
after they have become final and executory, shall be enforced
recommend to the DENR Secretary an ex-parte order directing
and executed in the same manner as orders, resolutions and
the discontinuance of the same or the temporary suspension
decisions of the Regional Trial Court. The Board or the DENR
or cessation of operation of the establishment or person
Secretary shall have the power to issue to the Sheriff such
generating such pollutants, without need of a prior public
writs as may be necessary to enforce and execute such orders,
hearing.
resolution or decision. The PENRO or the CENRO may be
requested by the Regional Director to assist in the The Cease and Desist Order (CDO) shall be immediately
enforcement and execution of the orders, resolutions and executory and shall remain in force and effect until modified or
decisions of the Board. lifted by the Board or the DENR Secretary.
SECTION 2. RETURN OF THE WRIT OF EXECUTION - The writ The Board or the DENR Secretary may also direct the Regional
of execution shall be made returnable to the Board not less Office to revoke, suspend or modify any permit to operate a
than ten (10) days nor more than thirty (30) days after its pollution control facility or any clearance whenever such is
receipt by the implementing officer or team concerned. The necessary to prevent or abate the pollution.
said officer or team shall, within forty-eight(48) hours from the

completion of the enforcement or execution of the order,



Pollution Adjudication Board Flowchart



and well-being.
025 PAB v CA (1991) PD 1586. Section 1. Policy. It is hereby declared the policy of
● Petitioner Board issued an ex parte Order directing Solar the State to attain and maintain a rational and orderly balance
Textile Finishing Corporation (Solar) immediately to between socio-economic growth and environmental
cease and desist from utilizing its wastewater pollution protection.
source installations which were discharging untreated

wastewater directly into a canal leading to the adjacent
Tullahan-Tinejeros River. What is an Environmental Impact Assessment?
● The findings of two (2) inspections were that Solar's Process that involves evaluating and predicting the likely impacts
wastewater treatment plant was non-operational and of a project (including cumulative impacts) on the environment
that its plant generated about 30 gallons per minute of during construction, commissioning, operation and
wastewater, 80% of which was being directly discharged abandonment. It also includes designing appropriate preventive,
into a drainage canal leading to the Tullahan-Tinejeros mitigating and enhancement measures addressing these
River. The remaining 20% of the wastewater was being consequences to protect the environment and the community's
channeled through Solar's non-operational wastewater welfare. The process is undertaken by, among others, the project
treatment plant. Chemical analysis of samples of Solar's proponent and/or EIA Consultant, EMB, a Review Committee,
effluents showed the presence of pollutants on a level in affected communities and other stakeholders.
excess of what was permissible under P.D. No. 984 and
its Implementing Regulations. Why conduct an EIA?
● Solar went to RTC. The latter dismissed Solar's petition EIA is used to enhance planning and guide decision making.
upon two (2) grounds, i.e., that appeal and not certiorari Through it, adverse environmental impacts of proposed actions
from the questioned Order of the Board as well as the are considerably reduced through a reiterative review process of
Writ of Execution was the proper remedy, and that the project siting, design and other alternatives, and the subsequent
Board's subsequent Order allowing Solar to operate formulation of environmental management and monitoring plans.
temporarily had rendered Solar's petition moot and
academic. When to conduct an EIA?
● CA reversed the RTC. Three factors to consider:
ISSUE (1) The characteristic of the project;
Whether or not the Court of Appeals erred in reversing the trial (2) Location; and
court on the ground that Solar had been denied due process by (3) Nature of potential environmental impact.
the Board.

HELD
Scope of Application
YES. Section 7(a) of P.D. No. 984 authorized petitioner
Board to issue ex parte cease and desist orders whenever the Environmental Compliance Certificate (ECC) and
Commission finds prima facie evidence that the discharged Certificate of Non-Coverage (CNC)
sewage or wastes are of immediate threat to life, public health,
Section 4. Presidential Proclamation of Environmentally
safety or welfare, or to animal or plant life, or exceeds the
Critical Areas and Projects. The President of the Philippines
allowable standards set by the Commission.
may, on his own initiative or upon recommendation of the
From the foregoing reports, it is clear to this Court that there was
National Environmental Protection Council, by proclamation
at least prima facie evidence before the Board that the effluents
declare certain projects, undertakings or areas in the country
emanating from Solar's plant exceeded the maximum allowable as environmentally critical. No person, partnership or
levels of physical and chemical substances set by the NPCC and corporation shall undertake or operate any such declared
that accordingly there was adequate basis supporting the ex environmentally critical project or area without first securing
parte cease and desist order issued by the Board. an Environmental Compliance Certificate issued by the
A subsequent public hearing is precisely what Solar should have President or his duly authorized representative. xxxx
sought instead of going to court to seek nullification of the
Board's Order and Writ of Execution, and instead of appealing to
the Court of Appeals. That such an opportunity is subsequently (a) Revised Procedural Manual for DAO 2003-30
available is really all that is required by the due process clause of (b) Distinction between ECC and CNC
the Constitution in situations like that we have here. Environmental Compliance Certificate (ECC) — document issued
by the DENR/EMB after a positive review of an ECC application,
2. Environmental Impact Assessment Laws certifying that based on the representations of the proponent, the
proposed project or undertaking will not cause significant
PD 1151 Philippine Environmental Policy and PD No 1586
negative environmental impact. The ECC also certifies that the
Establishing an Environmental Impact Statement proponent has complied with all the requirements of the EIS
System System and has committed to implement its approved
Declaration of Policy Environmental Management Plan. The ECC contains specific
measures and conditions that the project proponent has to
PD 1151. Section 1. Policy. It is hereby declared a continuing undertake before and during the operation of a project, and in
policy of the State (a) to create, develop, maintain and improve some cases, during the project's abandonment phase to mitigate
conditions under which man and nature can thrive in identified environmental impacts. (Sec 3[d], IRR of PD 1586) It is
productive and enjoyable harmony with each other, (b) to fulfill discretionary to issue an ECC.
the social, economic and other requirements of present and

future generations of Filipinos, and (c) to insure the attainment
of an environmental quality that is conducive to a life of dignity



Certificate of Non-Coverage — a certification issued by the EMB (d) Project Categories

certifying that, based on the submitted project description, the Category A. Environmentally Critical Projects (ECPs) with
project is not covered by the EIS System and is not required to significant potential to cause negative environmental impacts
secure an ECC. (Sec 3[a], IRR of PD 1586)
Category B. Projects that are not categorized as ECPs, but which
It is ministerial upon DENR-EMB to issue the CNC upon may cause negative environmental impacts because they are
application by a Proponent. located in Environmentally Critical Areas (ECA's)

Category C. Projects intended to directly enhance environmental
(c) Issuing Authority - EMB
quality or address existing environmental problems not falling
under Category A or B.
Category D. Projects unlikely to cause adverse environmental
impacts.

Required Documents per Project Category

(e) Statement of Accountability - See Revised Procedural (f) Environmental Guarantee Fund (EGF) fund to be set up
Manual by a project proponent which shall be readily accessible
and disbursable for the immediate clean-up or
rehabilitation of areas affected by damages in the



environment and the resulting deterioration of

environmental quality as a direct consequence of a
Nature and Stages of Environmental Impact Assessment
project's construction, operation or abandonment. It shall
likewise be used to compensate parties and communities
Process
affected by the negative impacts of the project, and to
fund community-based environment related projects
including, but not limited to, information and education
and emergency preparedness programs.

9.3 Environmental Guarantee Fund

An Environmental Guarantee Fund (EGF) shall be established
for all co-located or single projects that have been determined
by DENR to pose a significant public risk or where the project
requires rehabilitation or restoration. An EGF Committee shall
be formed to manage the fund.
It shall be composed of representatives from the EMB Central
Office, EMB Regional Office, affected communities, concerned
LGU's, and relevant government agencies identified by EMB.
An integrated MOA on the MMT-EMF-EGF shall be entered into
among the EMB Central Office, EMB Regional Office, the
proponent, and representatives of concerned stakeholders.

(g) Validity and Expiry
ECC Validity and Expiry: Once a project is implemented, the

ECC remains valid and active for the lifetime of the project.
ECC conditions and commitments are permanently relieved
from compliance by the Proponent only upon validation by
EMB of the successful implementation of the environmental
aspects/component of the Proponent’s Abandonment/
Rehabilitation/ Decommissioning Plan. This pre-condition for
ECC validity applies to all projects including those wherein ECC
expiry dates have been specified in the ECC. However, the ECC
automatically expires

(1) if a project has not been implemented within five (5)
years from ECC issuance, or
(2) if the ECC was not requested for extension within
three (3) months from the expiration of its validity.
If the baseline characteristics have significantly changed to the
extent that the impact assessment as embodied in the
Environmental Management Plan (EMP) is no longer
appropriate, the EMB office concerned shall require the
Proponent to submit a new application. The EIA Report on the
new application shall focus only on the assessment of the
environmental component, which significantly changed.

(h) Cancellation of ECC; Nature of Proceedings
Pursuant to Section 9 of P.D. 1586, non-compliance with any

of the provisions of this ECC shall be sufficient cause for its
cancellation or suspension and/or imposition of a fine in an
amount not to exceed Fifty Thousand Pesos (PhP 50,000.00)
thereof.
Section 4 of P.D. 1586 states 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.”



A typical EIA Report has the following substantive contents:

People's organizations and non-governmental organizations
(1) Project Description, including its location, scale and
shall be allowed and encouraged to participate in ensuring that
duration, rationale, alternatives, phases and contractors/permittees shall observe all the requirements of
components, resource requirements, manpower environmental protection.
complement, estimate of waste generation from the
most critical project activities and environmental
aspects, project cost Flow of Administrative Investigation
(2) Baseline Environmental Description (of the land,
water, air and people), focused on the sectors and
resources most significantly affected by the proposed
action
(3) Impact Assessment, focused on significant
environmental impacts (in relation to pre-construction,
construction/development, operation and
decommissioning stages), taking into account
cumulative, unavoidable and residual impacts;
(4) Environmental Management Plan, specifying the
impacts mitigation plan, areas of public information,
education and communication, social development
program proposal, environmental monitoring plans (with
multi-sectoral public participation for EIS-based
projects) and the corresponding institutional and
financial requirements/ arrangements.

Applicability of Secs 26 and 27 of the LGC
Section 26. Duty of National Government Agencies in the

Maintenance of Ecological Balance. - It shall be the duty of
every national agency or government-owned or controlled
corporation authorizing or involved in the planning and
implementation of any project or program that may cause
pollution, climatic change, depletion of non-renewable

resources, loss of crop land, rangeland, or forest cover, and
extinction of animal or plant species, to consult with the local Motion for Reconsideration
government units, nongovernmental organizations, and other
sectors concerned and explain the goals and objectives of the
project or program, its impact upon the people and the
community in terms of environmental or ecological balance,
and the measures that will be undertaken to prevent or
minimize the adverse effects thereof.
Section 27. Prior Consultations Required. - No project or
program shall be implemented by government authorities
unless the consultations mentioned in Sections 2 (c) and 26
hereof are complied with, and prior approval of the sanggunian
concerned is obtained: Provided, That occupants in areas
where such projects are to be implemented shall not be
evicted unless appropriate relocation sites have been provided,
in accordance with the provisions of the Constitution.

Applicability of Sec 70, RA 7942 Applicability of Sec 59 of the Indigenous People’s Rights
Act
Section 70. Environmental Impact Assessment (EIA). Except
during the exploration period of a mineral agreement or Section 59. Certification Precondition. - all department and
financial or technical assistance agreement or an exploration other governmental agencies shall henceforth be strictly
permit, an environmental clearance certificate shall be required enjoined from issuing, renewing, or granting any concession,
based on an environmental impact assessment and license or lease, or entering into any production-sharing
procedures under the Philippine Environmental Impact agreement, without prior certification from the NCIP that the
Assessment System including Sections 26 and 27 of the Local area affected does not overlap with any ancestral domain.
Government Code of 1991 which require national government Such certificate shall only be issued after a field-based
agencies to maintain ecological balance, and prior investigation is conducted by the Ancestral Domain Office of
consultation with the local government units, the area concerned: Provided, That no certificate shall be
non-governmental and people's organizations and other issued by the NCIP without the free and prior informed and
concerned sectors of the community: Provided, That a written consent of the ICCs/IPs concerned: Provided, further,
completed ecological profile of the proposed mining area shall That no department, government agency or
also constitute part of the environmental impact assessment. government-owned or -controlled corporation may issue new



concession, license, lease, or production sharing agreement
while there is pending application CADT: Provided, finally, That "Qualified Person" refers to any Filipino citizen of legal age and
the ICCs/IPs shall have the right to stop or suspend, in with capacity to contract; or a 100% Filipino-owned corporation,
accordance with this Act, any project that has not satisfied the partnership, association or cooperative organized or authorized
requirement of this consultation process. for the purpose of engaging in small-scale mineral processing,
with technical and financial capability to undertake mineral
processing, duly registered in accordance with law; (Sec 4[ah],
Monitoring Mechanisms IRR of RA 7076)

SECTION 9.Monitoring of Projects with ECCs. — The nature of utilization, not the type of contract, which governs
Post ECC monitoring of projects shall follow these guidelines. the kind of mining
Other details on requirements for monitoring of projects with
ECC's shall be stipulated in a procedural manual to be Effect on PD 1899 s 1984
formulated by EMB. SECTION 1. Small-scale mining refers to any single unit mining
9.1 Multipartite Monitoring Team operation having an annual production of not more than
For projects under Category A, a multi-partite monitoring team 50,000 metric tons of ore and satisfying the following
(MMT) shall be formed immediately after the issuance of an requisites:
ECC. 1. The working is artisanal, either open cast or shallow
Proponents required to establish an MMT shall put up an underground mining, without the use of sophisticated
Environmental Monitoring Fund (EMF) not later than the initial mining equipment;
construction phase of the project. 2. Minimal investment on infrastructures and
processing plant;
The MMT shall be composed of representatives of the
3. Heavy reliance on manual labor; and
proponent and of stakeholder groups, including
4. Owned, managed or controlled by an individual or
representatives from concerned LGU's, locally accredited
entity qualified under existing mining laws, rules and
NGOs/POs, the community, concerned EMB Regional Office,
regulations.
relevant government agencies, and other sectors that may be
identified during the negotiations. The team shall be tasked to
undertake monitoring of compliance with ECC conditions as
well as the EMP. The MMT shall submit a semi-annual 026 SR Metals, Inc v Reyes, 179669 (2014)
monitoring report within January and July of each year. ● SR Metals, Inc., SAN R Mining and Construction Corp.,
The EMB shall formulate guidelines for operationalizing and Galeo Equipment and Mining Co., Inc. were awarded
area-based or cluster-based MMT. The Bureau may also awarded a 2-year Small-Scale Mining Permit[4] (SSMP)
develop guidelines for delegating monitoring responsibilities to by the Provincial Mining Regulatory Board of Agusan del
other relevant government agencies as may be deemed Norte.
necessary. ● The mining corporations’ ECCs contain a restriction that
For projects whose significant environmental impacts do not the amount of Ni-Co ore they are allowed to extract
persist after the construction phase or whose impacts could annually should not exceed 50,000 MTs pursuant to
be addressed through other regulatory means or through the Section 1 of PD 1899.
mandates of other government agencies, the operations of ● Governor Amante then questioned the quantity of ore
MMT may be terminated immediately after construction or that had been mined and shipped by the mining
after a reasonable period during implementation. corporations.
9.2 Self-monitoring and Third Party Audit ● They explained that an extracted mass contains only a
limited amount/percentage of Ni-Co as the latter is
The proponent shall also conduct regular self-monitoring of
speci6c parameters indicated in the EMP through its lumped with gangue, i.e., the unwanted rocks and
environmental unit. The proponent's environmental unit shall minerals. And it is only after the Ni-Co is separated from
submit a semi-annual monitoring report within January and the gangue by means of a scientific process should
July of each year. amount of the Ni-Co be measured and considered as
‘ore.’
For projects with ECCs issued based on a PEPRMP, EPRMP, or
an EMS-based EMP, a third party audit may be undertaken by a ● EMB sent the mining corporations a Notice of Violation[8]
qualified environmental or EMS auditor upon the initiative of informing them that they had exceeded the allowed
the proponent and in lieu of forming an MMT. The said annual volume of 150,000 MTs combined production as
proponent shall submit to EMB a copy of the audit findings and their stockpile inventory of Nickeliferous ore had already
shall be held accountable for the veracity of the report. The total 177,297 dry metric tons (DMT).
EMB may opt to validate the said report. ● DENR Secretary Angelo T. Reyes issued a Cease and
Desist Order[10] (CDO) against the mining corporations
suspending their operations.
3. Natural Resources Utilization Laws ● DOJ opined that Section 1 of PD 1899 is deemed to
have been impliedly repealed by RA 7076.
RA 7076, People’s Small-scale Mining Act of 1991
● OSG emphasized that in measuring an extraction, the
Approved June 27, 1991 only deduction allowed from an extracted mass of ore is
the weight of water, not the soil.
Scope of Small-scale mining ● The mining corporations then filed before the CA a
"Small-scale mining" refers to mining activities which rely heavily Petition for Certiorari against SENR Reyes.
on manual labor using simple implement and methods and do ISSUES
not use explosives or heavy mining equipment;



1. WON Sec 1 of PD 1889 is unconstitutional for violating

Section 8. Registration of Small-scale Miners. – All persons
the equal protection clause as there is no substantial
undertaking small-scale mining activities shall register as
distinction between the miners covered under RA 7076, miners with the Board and may organize themselves into
who can extract as much ore as they can, and those cooperatives in order to qualify for the awarding of a people's
covered under PD 1899 who were imposed an extraction small-scale mining contract.
limit.
SECTION 7. Licensing of Small-Scale Mining Contract
2. WON the 50,000 MT computation of Ni-Co ore should be
Applicants. —
confined strictly to Ni-Co component from which they
derive economic value. An applicant for a small-scale mining contract shall first
secure a small-scale mining license from the Board, subject to
HELD
submission of the following requirements:
1. NO. PD 1899 applies to individuals, partnerships and
corporations while RA 7076 applies to cooperatives. a. Application form duly accomplished and notarized as
Recognizing the DENR’s mandate to regulate the prescribed in Annex A;
country’s natural resources under EO 192,[25] both PD b. Payment of application fee of PhP1,000.00, payable
to the Regional Office concerned; and
1899 and RA 7076 delegated to the DENR, thru its
c. Proof of registration with the SEC, Department of
Secretary, the power to promulgate the necessary IRRs
Trade and Industry, Cooperative Development
to give effect to the said laws. On July 5, 2007, it issued
Authority or other appropriate government agency:
DMC 2007-07 or “Clarificatory Guidelines in the Provided, That the applicant shall be 100% Filipino.
Implementation of the Small-Scale Mining Laws”. By
The license shall be effective during the term of the pertinent
imposing the annual production limit of 50,000 DMT to
small-scale mining contract that may be issued: Provided, That
both SSMPs issued under PD 1899 and Small-Scale
the license shall be applicable only to applications for
Mining Contracts (SSMCs) under RA 7076, the DENR
small-scale mining contract within a province.
harmonized the two laws. The fact is, the DENR treats
all small-scale miners equally as the production limit
applies to all of them. (c) Application, where filed
2. NO. MAO No. MRD-41 specifies measuring the (d) People’s small-scale mining contracts award
‘run-of-mine ore,’ meaning the ore as it emerges from the
mine, i.e., before treatment.[27] As explained by the Section 9. Award of People's Small-scale Mining Contracts. –
DENR-MGB Director, the ore is weighed only in DMT, A people's small-scale mining contract may be awarded by the
excluding the water or moisture content. Simply stated, Board to small-scale miners who have voluntarily organized
included in the measurement are other materials and have duly registered with the appropriate government
lumped with the sought-after mineral. agency as an individual miner or cooperative; Provided, that
This definition is congruent with RA 7942 or The only one (1) people's small-scale mining contract may be
Philippine Mining Act of 1995. Said law defines “ore” as awarded at any one time to a small-scale mining operations
within one (1) year from the date of award: provided, further,
“naturally occurring substance or material from which a
that priority shall be given or city where the small-scale mining
mineral or element can be mined and/or processed for
area is located.
profit.”[28] Clearly, the law refers to ore in its unprocessed
form, i.e., before the valuable mineral is separate from Applications for a contract shall be subject to a reasonable fee
to be paid to the Department of Environment and Natural
the ore itself.
Resources regional office having jurisdiction over the area.

Provincial/City Mining Regulatory Board (e) Extent of contract area
(a) Powers and functions Section 10. Extent of Contract Area. – The Board shall
determine the reasonable size and shape of the contract area
Section 24. Provincial/City Mining Regulatory Board. – There
following the meridional block system established under
is hereby created under the direct supervision and control of
Presidential Decree No. 463, as amended, otherwise known as
the Secretary a provincial/city mining regulatory board, herein
the Mineral Resources Development Decree of 1974, but in no
called the Board, which shall be the implementing agency of
case shall the area exceed twenty hectares (20 has.) per
the Department, and shall exercise the following powers and
contractor and the depth or length of the tunnel or adit not
functions, subject to review by the Secretary:
exceeding that recommended by the director taking into
(a) Declare and segregate existing gold-rush areas for account the following circumstances:
small-scale mining;
(a) Size of membership and capitalization of the
(b) Reserve future gold and other mining areas for
cooperative;
small-scale mining;
(b) Size of mineralized area;
(c) Award contracts to small-scale miners;
(c) Quantity of mineral deposits;
(d) Formulate and implement rules and regulations
(d) Safety of miners;
related to small-scale mining;
(e) Environmental impact and other considerations; and
(e) Settle disputes, conflicts or litigations over conflicting
(f) Other related circumstances.
claims within a people's small-scale mining area, an
area that is declared a small-mining; and
(f) Perform such other functions as may be necessary to
achieve the goals and objectives of this Act. (f) Terms and Conditions of the contracts
Section 13. Terms and Conditions of the Contract. – A

contract shall have a term of two (2) years, renewable subject
(b) Registration Requirements



to verification by the Board for like periods as long as the to such rules and regulations that will ensure the least
contractor complies with the provisions set forth in this Act, disruption in the operations of the small-scale miners.
and confers upon the contractor the right to mine within the
contract area: provided, that the holder of a small-scale mining
contract shall have the following duties and obligations:
027 League of Provinces v DENR, 175368 (2013)
(a) Undertake mining activities only in accordance with a
mining plan duly approved by the Board; This is a petition for certiorari, prohibition and mandamus,[1]
(b) Abide by the Mines and Geosciences Bureau and the praying that this Court order the following: (1) declare as
small-scale Mining Safety Rules and Regulations; unconstitutional Section 17(b)(3)(iii) of Republic Act (R.A.) No.
(c) Comply with his obligations to the holder of an 7160, otherwise known as The Local Government Code of 1991
existing mining right; and Section 24 of Republic Act (R.A.) No. 7076, otherwise
known as the People's Small-Scale Mining Act of 1991; (2)
(d) Pay all taxes, royalties or government production
share as are now or may hereafter be provided by law; prohibit and bar respondents from exercising control over
provinces; and (3) declare as illegal the respondent Secretary
(e) Comply with pertinent rules and regulations on
environmental protection and conservation, of the Department of Energy and Natural Resources' (DENR)
nullification, voiding and cancellation of the Small-Scale
particularly those on tree-cutting mineral-processing
and pollution control; Mining permits issued by the Provincial Governor of Bulacan.
(f) File under oath at the end of each month a detailed Petitioner contends that Section 17 (b)(3)(iii) of the Local
production and financial report to the Board; and Government Code of 1991 and Section 24 of R.A. No. 7076,
(g) Assume responsibility for the safety of persons which confer upon respondents DENR and the DENR
working in the mines. Secretary the power of control are unconstitutional, as the
Constitution states that the President (and Executive
Departments and her alter-egos) has the power of supervision
(g) Easements only, not control, over acts of the local government units, and
grants the local government units autonomy.
Section 11. Easement Rights. – Upon the declaration of a

people's small-scale mining area, the director, in consultation
with the operator, claimowner, landowner or lessor of an Whether or not the grant of power of control to the DENR over
affected area, shall determine the right of the small scale small-mining contracts contravene the constitutional principle
miners to existing facilities such as mining and logging roads, of local autonomy.
private roads, port and communication facilities, processing
plants which are necessary for the effective implementation of
NO. Control of the DENR/DENR Secretary over small-scale
the People's Small-scale Mining Program, subject to payment
mining in the provinces is granted by three statutes: (1) R.A.
of reasonable fees to the operator, claimowner, landowner or
No. 7061 or The Local Government Code of 1991; (2) R.A. No.
lessor.
7076 or the People's Small Scale Mining Act of 1991; and (3)
R.A. No. 7942, otherwise known as the Philippine Mining Act of
1995.
(h) Rights of private landowners
Paragraph 1 of Section 2, Article XII (National Economy and
Section 15. Rights of Private Landowners. – The private Patrimony) of the Constitution[31] provides that “[t]he
landowner or lawful possessor shall be notified of any plan or exploration, development and utilization of natural resources
petition to declare his land as a people's small-scale mining shall be under the full control and supervision of the State.”
area. Said landowner may oppose such plan or petition in an Moreover, paragraph 3 of Section 2, Article XII of the
appropriate proceeding and hearing conducted before the Constitution provides that “[t]he Congress may, by law, allow
Board. small-scale utilization of natural resources by Filipino citizens
If a private land is declared as a people's small-scale mining x x x.”
area, the owner and the small-scale mining contractors are
Pursuant to Section 2, Article XII of the Constitution, R.A. No.
encouraged to enter into a voluntary and acceptable
7076 or the People's Small-Scale Mining Act of 1991, was
contractual agreement for the small-scale utilization of the
enacted, establishing under Section 4 thereof a People's
mineral values from the private land: provided, that the owner
Small-Scale Mining Program to be implemented by the DENR
shall in all cases be entitled to the payment of actual damages
Secretary in coordination with other concerned government
which he may suffer as a result of such declaration: provided,
agencies.
further, that royalties paid to the owner shall in no case exceed
one percent (1%) of the gross value of the minerals recovered Indeed, Section 4, Article X (Local Government) of the
as royalty. Constitution states that “[t]he President of the Philippines shall
exercise general supervision over local governments,” and
Section 25 of the Local Government Code reiterates the same.
(i) Administrative supervision General supervision by the President means no more than
seeing to it that laws are faithfully executed or that
Section 26. Administrative Supervision over the People's subordinate officers act within the law.
Small-scale Mining Program. – The Secretary through his The Court has clarified that the constitutional guarantee of
representative shall exercise direct supervision and control local autonomy in the Constitution [Art. X, Sec. 2] refers to the
over the program and activities of the small-scale miners administrative autonomy of local government units or, cast in
within the people's small-scale mining area. more technical language, the decentralization of government
The Secretary shall within ninety (90) days from the effectivity authority.[35] It does not make local governments sovereign
of this Act promulgate rules and regulations to effectively within the State.[36] Administrative autonomy may involve
implement the provisions of the same. Priority shall be given devolution of powers, but subject to limitations like following



December 27, 1991, declaring 729 hectares of the

national policies or standards,[37] and those provided by the
Agusan-Davao-Surigao Forest Reserve as forest land
Local Government Code, as the structuring of local
governments and the allocation of powers, responsibilities, open for small-scale mining purposes, subject to
and resources among the different local government units and existing and valid private rights.
local officials have been placed by the Constitution in the ● The Panel of Arbitrators reiterated the validity of EP 133
hands of Congress[38] under Section 3, Article X of the and dismissed all adverse claims. The Mines
Constitution. Adjudication Board reversed the decision.
● Meanwhile, the Provincial Mining Regulatory Board of
Section 3, Article X of the Constitution mandated Congress to
“enact a local government code which shall provide for a more Davao segregated and declared the 729-hectare gold
responsive and accountable local government structure rush area as People's Small Scale Mining Area. This was
instituted through a system of decentralization with effective affirmed by the DENR Secretary Antonio Cerilles.
mechanisms of recall, initiative, and referendum, allocate ISSUE
among the different local government units their powers,
responsibilities, and resources, and provide for the 1. Whether the Court of Appeals can set aside the issue of
qualifications, election, appointment and removal, term, forum shopping and litis pendencia (SMGMC's petition
salaries, powers and functions and duties of local officials, in G.R. No. 132475), and dwell on the merits
and all other matters relating to the organization and 2. Whether the DENR Secretary’s decision went beyond the
operation of the local units.” PMRB’s decision, otherwise, whether the DENR
The Local Government Code did not fully devolve the Secretary can modify the PMRB’s decision; and
enforcement of the small-scale mining law to the provincial 3. Whether the DENR Secretary’s modification to divide the
government, as its enforcement is subject to the supervision, 729 hectares into two areas contravened the mandate
control and review of the DENR, which is in charge, subject to of the MAB decision and the purpose of Republic Act
law and higher authority, of carrying out the State's No. 7076.
constitutional mandate to control and supervise the
exploration, development, utilization of the country's natural HELD
resources. Developments after these petitions had been filed in 2001
The decision of the DENR Secretary, declaring that the mooted this case. The petitions were mooted by (a) then
Application for Exploration Permit of AMTC was valid and may President Macapagal-Arroyo’s issuance of Proclamation No. 297,
be given due course, and canceling the Small-Scale Mining excluding an area from Proclamation No. 369 and declaring this
Permits issued by the Provincial Governor, emanated from the area as a mineral reservation and as an environmentally critical
power of review granted to the DENR Secretary under R.A. No. area, and (b) this court’s decision dated June 23, 2006 in G.R.
7076 and its Implementing Rules and Regulations. The DENR Nos. 152613, 152628, 152619-20, and 152870-71 declaring DAO
Secretary's power to review and, therefore, decide, in this case, No. 66 as void, declaring EP 133 as expired, and underscoring the
the issue on the validity of the issuance of the Small-Scale Executive’s power of supervision and control over the exploration,
Mining Permits by the Provincial Governor as recommended by development, and utilization of the country’s mineral resources.
the PMRB, is a quasi-judicial function, which involves the
1. We do not need to decide on whether there was forum
determination of what the law is, and what the legal rights of
shopping or litis pendencia. Apex Mining v. SMGMC
the contending parties are, with respect to the matter in
mooted these petitions.
controversy and, on the basis thereof and the facts obtaining,
the adjudication of their respective rights.[53] The DENR 2. Since this court declared that EP 133 expired and its
Secretary exercises quasi-judicial function under R.A. No. 7076 transfer to SMGMC is void, respondent SMGMC has no
and its Implementing Rules and Regulations to the extent more basis to claim any right over the disputed 729
necessary in settling disputes, conflicts or litigations over hectares in the Diwalwal gold rush area excluded from
conflicting claims. This quasi-judicial function of the DENR its MPSA.
Secretary can neither be equated with “substitution of Furthermore, since this court has declared that the
judgment” of the Provincial Governor in issuing Small-Scale DENR Secretary had no authority to issue DAO No. 66
Mining Permits nor “control” over the said act of the Provincial declaring 729 hectares of the Agusan-Davao-Surigao
Governor as it is a determination of the rights of AMTC over Forest Reserve as forest land open for small-scale
conflicting claims based on the law. mining purposes subject to existing and valid private
rights, both the PMRB decision, and the DENR

Secretary’s decision affirming it with modification, are
028 Moncayo Integrated Small-scale Miners Association v consequently overturned for lack of basis in delineating
Southeast Mindanao Gold Mining Association, 149638 (2014) the 729 hectares from the MPSA.
● These two consolidated cases involve the “Diwalwal 3. While the MAB’s jurisdiction covers the settlement of
Gold Rush Area” in Mt. Diwata, Mindanao. conflicts over mining claims, the Provincial Mining
● The Bureau of Forest Development issued to Marcopper Regulatory Board (PMRB) — created under Republic Act
Mining Corporation (Marcopper) a prospecting permit No. 7076 known as the People’s Small-Scale Mining Act
(Permit to Prospect No. 755-123185) covering 4,941 of 1991 — granted powers that include functions more
hectares within the Agusan-Davao-Surigao Forest executive in nature such as declaring and segregating
Reserve. areas for small-scale mining.
● Bureau of Mines and Geo-Sciences issued to Marcopper Section 21.1 of DAO No. 34–92, the implementing rules
a permit to explore (EP 133) covering the same area. and regulations of Republic Act No. 7076, states that the
● Marcopper assigned EP 133 to Southeast Mindanao DENR Secretary has “direct supervision and control over
Gold Mining Corporation (SMGMC). the program and the activities of the small-scale miners
● Adverse claims were filed anchored on DENR within the people’s small-scale mining area.”
Administrative Order No. 66[9] (DAO No. 66) issued on



Since the DENR Secretary has power of control as 5. Nature of Mining cases
opposed to power of supervision, he had the power to ● The trend is to make the adjudication of mining cases a
affirm with modification the PMRB’s decision. purely administrative matter. This observation was
reiterated in the more recent case of Atlas Consolidated
Mining Development Corp. vs. Court of Appeals.
Rule when proposed mining site is an Ancestral
Land/Domain ● Whatever the basis for the refusal to abide by the mining
contract's terms and conditions, the basic issue remains
Section 7. Ancestral Lands. – No ancestral land may be one of its cancellation, which is precisely what P. D. No.
declared as a people's small-scale mining area without the 1281 places within the exclusive original jurisdiction of
prior consent of the cultural communities concerned: provided, the Mines and Geosciences Bureau.
that, if ancestral lands are declared as people's small-scale ● The Panel of Arbitrators shall have exclusive and
mining areas, the members of the cultural communities therein original jurisdiction to hear and decide on the following:
shall be given priority in the awarding of small-scale mining a. Disputes involving rights to mining areas;
contracts. b. Disputes involving mineral agreements or
permits;
c. Disputes involving surface owners, occupants

and claimholders/concessionaires; and
Midterm Pointers d. Disputes pending before the Bureau and the
Department at the date of the effectivity of this

Act.
1. Definition of environment ● The decision or order of the panel of arbitrators may be
● The physical factors of the total surroundings of human appealed by the party not satisfied thereto to the Mines
beings, including the land, water, atmosphere, climate,
Adjudication Board.
sound, odors, tastes, the biological factors of animals

and plants and the social factors of aesthetics. In a
broad sense, it shall include the total environment of
6. Doctrines of Exhaustion of Administrative Remedies
human beings such as economic, social, cultural, and Primary Jurisdiction, especially in relation to
political and historical factors. (Sec 5[z], DENR AO Mining and Pollution cases
2010-21) ● The doctrine of exhaustion of administrative remedies
calls for resort first to the appropriate administrative
authorities in the resolution of a controversy falling
2. Nature and Purpose of Environmental Laws
under their jurisdiction before the same may be elevated
● The purpose of our environmental laws is to maintain or
to the courts of justice for review. Non-observance of
create conditions that are conducive to a harmonious
the doctrine results in lack of a cause of action, which is
relationship between man and nature. Environmental
one of the grounds allowed in the Rules of Court for the
laws protect nature and the environment from
dismissal of the complaint.
degradation while taking into account people’s needs
and general welfare. ● It may be disregarded in certain instances, such as:
(1) when there is a violation of due process,

3. Major parties in Environmental Laws (2) when the issue involved is purely a legal question,
● Environment
● Human Beings (3) when the administrative action is patently illegal
amounting to lack or excess of jurisdiction,
● The State
(4) when there is estoppel on the part of the
4. Administrative Relationships administrative agency concerned,
● The findings of government agencies with respect to the (5) when there is irreparable injury,
construction of statutes the implementation of which has
been reposed in them, are controlling on the Court. (6) when the respondent is a department secretary
● Invariable is the rule that in reviewing administrative whose acts as an alter ego of the President bears
decisions of the Executive Branch of the government, [sic] the implied and assumed approval of the
the finding of fact made there in must be respected, as latter,
long as they are supported by substantial evidence,
(7) when to require exhaustion of administrative
even if not overwhelming or preponderant.
remedies would be unreasonable,
● A staff bureau shall primarily perform policy, program
development and advisory functions. (8) when it would amount to a nullification of a claim,
(a) FMB
(9) when the subject matter is a private land in land
(b) LMB
case proceedings,
(c) ERDB
(d) PAWB (10) when the rule does not provide a plain, speedy
● A line bureau shall directly implement programs and adequate remedy,
adopted pursuant to department policies and plans.
(a) MGB (11) when there are circumstances indicating the
(b) EMB urgency of judicial intervention,
● Attached agency: NAMRIA, LLDA (12) when no administrative review is provided by law,



(13) where the rule of qualified political agency powers. In the exercise, therefore, of its express powers
under its charter as a regulatory and quasi-judicial body
applies, and
with respect to pollution cases in the Laguna Lake
(14) when the issue of non-exhaustion of region, the authority of the LLDA to issue a “cease and
administrative remedies has been rendered desist order” is, perforce, implied. Otherwise, it may well
moot.[25] be reduced to a “toothless” paper agency.
● It has been the jurisprudential trend to apply the

doctrine of primary jurisdiction in many cases involving 10. Relationship between jurisdiction of LLDA and PAB
matters that demand the special competence of ● As a general rule, the adjudication of pollution cases
administrative agencies. generally pertains to the Pollution Adjudication Board
(PAB), except in cases where the special law provides
● Clearly, the doctrine of primary jurisdiction finds
application in this case since the question of what coal for another forum. It must be recognized in this regard
that the LLDA, as a specialized administrative agency, is
areas should be exploited and developed and which
entity should be granted coal operating contracts over specifically mandated under Republic Act No. 4850 and
its amendatory laws to carry out and make effective the
said areas involves a technical determination by the BED
as the administrative agency in possession of the declared national policy of promoting and accelerating
specialized expertise to act on the matter. the development and balanced growth of the Laguna
Lake area.

7. Delineation of land management powers of PENRO
11. Effect of the passage of the Philippine Mining Act on
and CENRO
the jurisdiction of PAB
● DAO No. 38 only authorizes the CENRO to issue
● There is no irreconcilable conflict between the two laws.
certificates of land classification status for areas below
50 hectares. PENRO has authority for areas beyond 50 Section 19 of EO 192 vested the PAB with the specific
Ha. power to adjudicate pollution cases in general. On the
other hand, the authority of the mines regional director

is complementary to that of the PAB. Section 66 of RA
8. Role of NAMRIA in land registration proceedings,
7942 gives the mines regional director exclusive
basis
jurisdiction over the safety inspection of all installations,
● Sec 2(7) DENR AO 1988-31. To serve as the depository
surface or underground in mining operations. Section
of all base map reproducibles, aerial negatives and
67 thereof vests upon the regional director power to
space imageries; to prepare, update, produce all types of
issue orders requiring a contractor to remedy any
base and thematic maps and charts at various scales
practice connected with mining or quarrying operations
resulting from its surveys and data processing/analysis
which is not in accordance with safety and anti-pollution
activities; and to service the mapping.
laws and regulations; and to summarily suspend mining
● The applicant for land registration must present a copy
or quarrying operations in case of imminent danger to
of the original classification approved by the DENR
life or property. While the mines regional director has
Secretary and certified as a true copy by the legal
express administrative and regulatory powers over
custodian of the official records. (Republic v T.A.N.
mining operations and installations, it has no
Properties)
adjudicative powers over complaints for violation of

pollution control statutes and regulations. RA 7942
9. Powers of LLDA, basis does not provide for another forum inasmuch as RA
● Under such a broad grant of power and authority, the
7942 does not vest quasi-judicial powers in the Mines
LLDA, by virtue of its special charter, obviously has the
Regional Director. The authority is vested and remains
responsibility to protect the inhabitants of the Laguna
with the PAB.
Lake region from the deleterious effects of pollutants

emanating from the discharge of wastes from the
surrounding areas. In carrying out the aforementioned 12. Right to a balanced and healthful ecology under
declared policy, the LLDA is mandated, among others, to Oposa v Factoran
pass upon and approve or disapprove all plans, ● The right to a balanced and healthful ecology carries
programs, and projects proposed by local government with it the correlative duty to refrain from impairing the
offices/agencies within the region, public corporations, environment. E.O. No. 192, Section 4 of which expressly
and private persons or enterprises where such plans, mandates that the Department of Environment and
programs and/or projects are related to those of the Natural Resources "shall be the primary government
LLDA for the development of the region agency responsible for the conservation, management,
development and proper use of the country's
● By its express terms, Republic Act No. 4850, as
environment and natural resources xxxx. On 6 June
amended by P.D. No. 813 and Executive Order No. 927,
1977, P.D. No. 1151 (Philippine Environmental Policy)
series of 1983, authorizes the LLDA to “make, alter or
and P.D. No. 1152 (Philippine Environment Code) were
modify orders requiring the discontinuance of pollution.”
issued. Thus, the right of the petitioners (and all those
Section 4, par. (d) explicitly authorizes the LLDA to
they represent) to a balanced and healthful ecology is
make whatever order may be necessary in the exercise
as clear as the DENR's duty -- under its mandate and by
of its jurisdiction.
virtue of its powers and functions under E.O. No. 192
While it is a fundamental rule that an administrative and the Administrative Code of 1987 -- to protect and
agency has only such powers as are expressly granted advance the said right.
to it by law, it is likewise a settled rule that an
administrative agency has also such powers as are
necessarily implied in the exercise of its express 13. Requirements for an administrative finding to be
given great weight



● Such findings must be respected as long as they are that shall not exceed seven (7) days for the sole
supported by substantial evidence, even if such purpose of making the necessary repairs on the
evidence is not overwhelming or even preponderant. said vehicle. The owner/operator of the vehicle shall be
required to correct its defects and show proof of
14. Permit System under the Clean Air and Water Acts compliance to the appropriate pollution control office
➔ Clean Air Act before the vehicle can be allowed to be driven on any
◆ Unique only to Stationary Sources. public or subdivision roads.
◆ All sources of air pollution subject to these
Implementing Rules and Regulations must have a 16. Certificate of Conformity
valid Permit to Operate issued by the Environmental ● "Certificate of Conformity" refers to the certificate
Management Bureau (EMB) Regional Director. (Sec
issued by the Department to a vehicle
1 Rule XIX, DAO 81-00, as amended by DAO 26-04)
manufacturer/assembler or importer certifying that a
◆ An application for a Permit to Operate shall be filed
particular new vehicle or vehicle type meets the
for each source emitting regulated air pollutants.
requirements provided under this Act and its
Facilities having more than one source may group
Implementing Rules and Regulations.
(bubbling) the sources under a single permit
application, provided the requirements below are
met for each individual source. (Sec 3, ibid) 17. Fines and Penalties under the Clean Air Act
◆ A permit duly issued by the Department through the ● For actual exceedance of any pollution or air quality
Bureau shall be valid for the period of five (5) years standards under this Act or its rules and regulations, the
from the date of issuance unless sooner suspended Department, through the Pollution Adjudication Board
or revoked in accordance with Section 7 of the Rule (PAB), shall impose a fine of not more than One hundred
xxxx. thousand pesos (P100,000.00) for every day of violation
➔ Clean Water Act against the owner or operator of a stationary source
◆ Effectivity of the Discharge Permit. The until such time that the standards have been complied
Discharge Permit shall be valid for a maximum with.
period of five (5) years from the date of its
issuance, renewable for 5-year periods. The 18. “Gross violations” under the Clean Air and Water Acts
Department may, however, renew the discharge ➔ Clean Air Act
permit valid for a longer period if the applicant has ◆ three (3) or more specific offenses within a
adopted waste minimization and waste treatment period of one (1) year;
technologies, consistent with incentives currently
◆ three (3) or more specific offenses with three
provided has been paying the permit fees on time.
(3) consecutive years;
(Rule 14.9, IRR)
◆ blatant disregard of the orders of the PAB, such
◆ Discharge includes, but is not limited to, the act of as but not limited to the breaking of seal,
spilling, leaking, pumping, pouring, emitting, padlocks and other similar devices, or
emptying, releasing or dumping of any material into operation despite the existence of an order for
a water body or onto land from which it might flow closure, discontinuance or cessation of
or drain into said water.
operation; and
◆ Effluent means discharge from known sources ◆ irreparable or grave damage to the
which is passed into a body of water or land, or environment as a consequence of any violation
wastewater flowing out of a manufacturing plant, of the provisions of this Act.
industrial plant including domestic, commercial and ➔ Clean Water Act
recreational facilities. ◆ deliberate discharge of toxic pollutants
identified pursuant to Republic Act No.6969 in
15. Roadside inspection system under Clean Air Act toxic amounts;
● Any vehicle suspected of violation of emission ◆ five (5) or more violations within a period of
standards through visual signs, such as, but not two (2) years; or
limited to smoke-belching, shall be subjected to an ◆ blatant disregard of the orders of the PAB, such
emission test by a duly authorized emission testing as the non-payment of fines, breaking of seals
center. or operating despite the existence of an order
● For this purpose, the DOTC or its authorized testing for closure, discontinuance or cessation of
center shall establish a roadside inspection system. operation.
Should it be shown that there was no violation of
emission standards, the vehicle shall be immediately 19. Closure under the Clean Air and Water Acts
released. ➔ Clean Air Act
● Otherwise, a testing result indicating an exceedance of ➔ Types of Closures:
the emission standards would warrant the continuing (1) As a Provisional Measure
(2) As a Penalty
custody of the impounded vehicle unless the
(a) Temporary
appropriate penalties are fully paid, and the license plate
(b) Permanent
is surrendered to the DOTC pending the fulfillment of the
undertaking by the owner/operator of the motor vehicle
➔ Provisional Closure - while case is pending, an
ex parte order of closure may be issued upon
to make the necessary repairs so as to comply with the
prima facie evidence that there is imminent
standards.
threat to life, public health, safety or general
● A pass shall herein be issued by the DOTC to authorize welfare, or to plant or animal life xxxx.
the use of the motor vehicle within a specified period



➔ An establishment liable for a 3rd offense shall the determination of technical and intricate matters of
suffer permanent closure immediately. fact.
➔ Clean Water Act ● What were devolved by the DENR to the LGUs under
◆ The Secretary, upon recommendation of the DENR Administrative Order No. 30 dated June 30, 1992,
PAB may order the closure, suspension of in relation to R.A. No. 7160, were the regulatory
development or construction, or cessation of functions/duties of the National Pollution Control
operations or, where appropriate disconnection Commission (NPCC) which were absorbed and
of water supply, until such time that proper integrated by the EMB, as provided in Title No. XIV,
environmental safeguards are put in place Chapter 2, Section 17 of the 1987 Administrative Code.
and/or compliance with this Act or its rules and However, the DENR exercises administrative supervision
regulations are undertaken. This paragraph and control over the LGUs. Enumerated in Chapter IV,
shall be without prejudice to the issuance of an Article 1, Sections 74 to 79 of the Rules and Regulations
ex parte order for such closure, suspension of promulgated by the NPCC implementing P.D. 984 are the
development or construction, or cessation of regulations relative to noise control, specifically, the
operations during the pendency of the case. noise quality standards. However, the LGUs have no
power to declare a particular thing as a nuisance unless

such as thing is a nuisance per se; nor can they effect
20. Administrative cases under the Clean Air and Water
the extrajudicial abatement of that as a nuisance which
Acts in its nature or use is not such. Those things must be
➔ Without prejudice to the right of any affected person to resolved by the courts in the ordinary course of law.
file an administrative action, the Department shall, on its

own instance or upon verified complaint by any person,
23. “Polluter Pays” principle under the Clean Air and
institute administrative proceedings in the proper forum
against any person who violates: Water Acts
a) Standards or limitations provided by this Act; or ➔ Clean Air Act
b) By any such order, rule or regulation issued by ◆ For actual exceedance of any pollution or air
the Department with respect to such standard quality standards under this Act or its rules and
or limitation. regulations, the Department, through the
Pollution Adjudication Board (PAB), shall
● Affected persons can directly file an administrative
impose a fine of not more than One hundred
complaint to the Pollution Adjudication Board (PAB).
thousand pesos (P100,000.00) for every day of
● The DENR, motu proprio or upon verified complaint by
any person may file the case to the PAB. violation against the owner or operator of a
stationary source until such time that the

standards have been complied with.
21. Clean-up operations under Clean Water Act
For purposes of the application of the fines, the
● Notwithstanding the provisions of Sections 15 and 26
PAB shall prepare a fine rating system to adjust
hereof, any person who causes pollution in or pollutes
the maximum fine based on the violator's
water bodies in excess of the applicable and prevailing
ability to pay, degree of willfulness, degree of
standards shall be responsible to contain, remove and
negligence, history of non-compliance and
clean-up any pollution incident at his own expense to
degree of recalcitrance: Provided, That in case
the extent that the same water bodies have been
of negligence, the first time offender's ability to
rendered unfit for utilization and beneficial use:
pay may likewise be considered by the
Provided, That in the event emergency clean-up
Pollution Adjudication Board: Provided, Further,
operations are necessary and the polluter fails to
That in the absence of any extenuating or
immediately undertake the same, the Department, in
aggravating circumstances, the amount of fine
coordination with other government agencies
for negligence shall be equivalent to one-half of
concerned, shall conduct containment, removal and
the fine for willful violation.
clean-up operations. Expenses incurred in said
➔ Clean Water Act
operations shall be reimbursed by the persons found to
◆ Any person who commits any of the prohibited
have caused such pollution upon proper administrative
acts provided in the immediately preceding
determination in accordance with this Act.
section or violates any of the provision of this
Reimbursements of the cost incurred shall be made to
Act or its implementing rules and regulations,
the Water Quality Management Fund or to such other
shall be fined by the Secretary, upon the
funds where said disbursements were sourced.
recommendation of the PAB in the amount of

not less than Ten thousand pesos (P10,000.00)
22. Relationship of the respective jurisdictions of PAB, nor more than Two hundred thousand pesos
regular courts and LGUs in cases of pollution and (P200,000.00) for every day of violation. The
nuisance. (AC Enterprises v Frabelle Properties) fines herein prescribed shall be increased by
● The RTC Has Jurisdiction Over the Action of the ten percent (10%) every two (2) years to
Respondent for Abatement Of Nuisance. compensate for inflation and to maintain the
● The PAB has no primary jurisdiction over the noise deterrent function of such fines xxxx
complained of by the respondent. The resolution of the
issue before the RTC, which is whether the noise 24. Visitorial Powers of the DENR under the Solid Waste
complained of is actionable nuisance, does not require Management Act
any special technical knowledge, expertise and ● The Department or its duly authorized representative
experience of the PAB or even of Makati City requiring
shall have access to, and the right to copy therefrom, the



records required to be maintained pursuant to the

(j) The site selected must be consistent with the overall
provisions of this Act. The Secretary or the duly
land use plan of the LGU;
authorized representative shall likewise have the right to (k) The site must be accessible from major roadways or
enter the premises of any generator, recycler or thoroughfares;
manufacturer, or other facilities any time to question any (l) The site should have an adequate quantity of earth
employee or investigate any fact, condition or matter cover material that is easily handled and compacted;
which may be necessary to determine any violation, or (m) The site must be chosen with regard for the
which may aid in the effective enforcement of this Act sensitivities of the community's residents;
and its implementing rules and regulations. This Section (n) The site must be located in an area where the
shall not apply to private dwelling places unless the landfill's operation will not detrimentally affect
visitorial power is otherwise judicially authorized. environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area;
25. Requirement of NGA projects that affect (o) The site should be large enough to accommodate the
community's wastes for a period of five (5) years
environmental and ecological balance of local
during which people must internalize the value of
communities
environmentally sound and sustainable solid waste
(a) Prior consultation, AND disposal;
(b) Prior approval (p) The site chosen should facilitate developing a landfill
● The projects and programs mentioned in Section 27 of that will satisfy budgetary constraints, including site
LGC should be interpreted to mean projects and development, operation for many years, closure,
programs whose effects are among those enumerated post-closure care and possible remediation costs;
in Section 26 and 27, to wit, those that: (q) Operating plans must include provisions for
(1) may cause pollution; coordinating with recycling and resource recovery
(2) may bring about climatic change; projects; and
(3) may cause the depletion of non-renewable (r) Designation of a separate containment area for
resources; household hazardous wastes.
(4) may result in loss of crop land, range-land, or SECTION 41. Criteria for Establishment of Sanitary Landfill. —
forest cover; The following shall be the minimum criteria for the
(5) may eradicate certain animal or plant species establishment of sanitary landfills:
from the face of the planet; and (h) Liners — a system of clay layers and/or geosynthetic
(6) other projects or programs that may call for the membranes used to contain leachate and reduce or
eviction of a particular group of people residing prevent contaminant flow to groundwater;
in the locality where these will be implemented. (i) Leachate collection and treatment system —
installation of pipes at the low areas of the liner to
26. Prohibition of open and controlled dumps; collect leachate for storage and eventual treatment
and discharge;
Differentiate from sanitary landfill
(j) Gas control and recovery system — a series of
● SECTION 37. Prohibition Against the Use of Open
vertical wells or horizontal trenches containing
Dumps for Solid Waste. — No open dumps shall be
permeable materials and perforated piping placed in
established and operated, nor any practice or disposal
the landfill to collect gas for treatment or productive
of solid waste by any person, including LGUs, which
use as an energy source;
constitutes the use of open dumps for solid waste, be
(k) Groundwater monitoring well system — wells placed
allowed after the effectivity of this Act: Provided, That
at an appropriate location and depth for taking water
within three (3) years after the effectivity of this Act,
samples that are representative of groundwater
every LGU shall convert its open dumps into controlled
quality;
dumps, in accordance with the guidelines set in Sec. 41
(l) Cover — two (2) forms of cover consisting of soil and
of this Act: Provided, further, That no controlled dumps
geosynthetic materials to protect the waste from
shall be allowed five (5) years following the effectivity of
long-term contact with the environment:
this Act.
(i) a daily cover placed over the waste at the
● Open dump shall refer to a disposal area wherein the close of each day's operations, and
solid wastes are indiscriminately thrown or disposed of (ii) a final cover, or cap, which is the material
without due planning and consideration for placed over the completed landfill to control
environmental and health standards; infiltration of water, gas emission to the
● Controlled dump shall refer to a disposal site at which atmosphere, and erosion.
solid waste is deposited in accordance with the (m) Closure procedure — with the objectives of
minimum prescribed standards of site operation; establishing low maintenance cover systems and
final cover that minimizes the infiltration of
● Sanitary landfill shall refer to a waste disposal site
precipitation into the waste. Installation of the final
designed, constructed, operated and maintained in a
cover must be completed within six (6) months of the
manner that exerts engineering control over significant
last receipt of wastes; and
potential environmental impacts arising from the
(n) Post-closure care procedure — During this period, the
development and operation of the facility;
landfill owner shall be responsible for providing for
the general upkeep of the landfill, maintaining all of
27. Requirement for operating a sanitary landfill the landfill's environmental protection features,
operating monitoring equipment, remediating
SECTION 40. Criteria for Siting a Sanitary Landfill. — The
groundwater should it become contaminated and
following shall be the minimum criteria for the siting of
controlling landfill gas migration or emission.
sanitary landfills:



immediate threat to life, public health, safety or

28. Administrative sanctions under the Solid Waste welfare, or to animal or plant life, or
Management Act (b) exceeds the allowable DENR Standards,
● Local government officials and officials of government it may issue or recommend to the DENR Secretary an
agencies concerned who fail to comply with and enforce ex-parte order directing the discontinuance of the same
rules and regulations promulgated relative to this Act or the temporary suspension or cessation of operation
shall be charged administratively in accordance with of the establishment or person generating such
R.A. 7160 and other existing laws, rules and regulations. pollutants, without need of a prior public hearing.
● The Cease and Desist Order (CDO) shall be immediately
29. General jurisdiction of the PAB executory and shall remain in force and effect until
● The Board shall have exclusive jurisdiction over the modified or lifted by the Board or the DENR Secretary.
adjudication of pollution cases, and all other matters
related thereto, including the imposition of 33. PAB’s power to issue Writ of Execution
administrative sanctions. ● The orders, resolutions and decisions of the Board, after
● Pursuant to Section 19 of Executive Order 192, the they have become final and executory, shall be enforced
powers and functions may be delegated to the Regional and executed in the same manner as orders, resolutions
Officers of the Department in accordance with rules and and decisions of the Regional Trial Court. The Board or
regulation to be formulated by the Board. the DENR Secretary shall have the power to issue to the
Sheriff such writs.
30. Arbitration jurisdiction of the PAB
● Any claim for reparation or restitution of damages and 34. MR and Appeal against PAB rulings
losses resulting from the pollution of water, air or land ● An appeal may be taken from a judgment or final order
resources may be brought before the Board or the that completely disposes of the case, or of a particular
Regional Office for voluntary arbitration. The claim for matter.
restitution or reparation shall take into account the ● Appeal taken from a judgment or final order shall not
gravity and duration of the pollution and the extent and stay the execution of such judgment or Order of the
reasonable value of the damage and losses, based on Board.
the evidence presented by the parties. Any amount ● Appeals taken from orders of the Board shall be
recovered in excess of the compensation due the governed by Rule 43 of the Revised Rules of Court.
aggrieved parties shall accrue to the General Fund of the ● Any order, resolution or decision of the Board, Regional
Government. Office or DENR Secretary shall become final and
● If the pollution results in the death of fish or other executor fifteen (15) days after the receipt of a copy
aquatic life or destruction of the natural habitat thereof by the party adversely affected, unless a motion
necessary for the propagation of fish or other aquatic for reconsideration is filed or an appeal is perfected
life, the person responsible for the pollution shall pay the within said period. One motion for reconsideration may
Government for damages for fish or aquatic life be filed, which shall suspend the running of the said
destroyed. The reasonable value thereof shall be period. The mere filing of an appeal shall not stay the
ascertained in consultation with the Bureau of Fisheries decision of the Board.
and Aquatic Resources and other appropriate agencies.
35. Categories for Projects under EIA
31. Commencement of Actions with the PAB ● Category A. Environmentally Critical Projects (ECPs)
● An action is deemed commenced: with significant potential to cause negative
(a) upon the filing of a complaint with the Board or environmental impacts
with the Regional Office, PENRO or CENRO, or ● Category B. Projects that are not categorized as ECPs,
(b) by the issuance of a Notice of Violation by the but which may cause negative environmental impacts
Department, Regional Office, PENRO or CENRO. because they are located in Environmentally Critical
Areas (ECA's)
32. CDO under the PAB Rules ● Category C. Projects intended to directly enhance
● Interim CDO. Where there is environmental quality or address existing environmental
(a) prima facie evidence that the emission or problems not falling under Category A or B.
discharge of pollutants constitutes an ● Category D. Projects unlikely to cause adverse
immediate threat to life, public health, safety or environmental impacts.
welfare, or to animal or plant life, or
(b) greatly exceeds the allowable DENR Standards, 36. Stages of EIA Proceedings
the Regional Director may immediately issue an Interim
● Screening determines if a project is covered or not
CDO, which shall be effective for a period not longer
covered by the PEISS.
than seven (7) days. The Interim CDO shall in all respect
● Scoping is a Proponent-driven multi-sectoral formal
be considered as a regular CDO if it is subsequently
process of determining the focused Terms of Reference
confirmed by the Board or the Secretary, as the case
of the EIA Study. Scoping identifies the most significant
may be. Such confirmation may only be made prior to
issues/impacts of a proposed project, and then, delimits
the lapse of the Interim CDO.
the extent of baseline information to those necessary to
● Regular CDO. Whenever the Board finds
evaluate and mitigate the impacts. The need for and
(a) prima facie evidence that the emission or
scope of an Environmental Risk Assessment (ERA) is
discharge of pollutants constitutes an
also done during the scoping session. Scoping is done



with the local community through Public Scoping and

with a third party EIA Review Committee (EIARC)
through Technical Scoping, both with the participation 39. Appeal of decisions relating to ECC/CNC
of the DENR-EMB. The process results in a signed
Formal Scoping Checklist by the review team, with final
approval by the EMB Chief.
● The EIA Study involves a description of the proposed
project and its alternatives, characterization of the
project environment, impact identification and
prediction, evaluation of impact significance, impact
mitigation, formulation of Environmental Management
and Monitoring Plan, with corresponding cost estimates
and institutional support commitment. The study results
are presented in an EIA Report for which an outline is
prescribed by EMB for every major document type.
○ A typical EIA Report has the following
substantive contents: 40. Cancellation of ECC
(a) Project Description, ● Any person, corporation or partnership found
(b) Baseline Environmental Description (a) violating Section 4 of this Decree, or
(c) Impact Assessment, (b) the terms and conditions in the issuance of
(d) Environmental Management Plan. the Environmental Compliance Certificate, or
● Review of EIA Reports normally entails an EMB (c) of the standards, rules and regulations issued
procedural screening for compliance to minimum by the National Environmental Protection
requirements specified during Scoping, followed by a Council pursuant to this Decree
substantive review of either composed third party shall be punished by the suspension or cancellation of
experts commissioned by EMB as the EIA Review his/its certificate or and/or a fine in an amount not to
Committee for PEIS/EIS-based applications, or exceed Fifty Thousand Pesos (P50,000.00) for every
DENR/EMB internal specialists, the Technical violation thereof.
Committee, for IEE-based applications.
● Decision Making involves evaluation of EIA 41. ECC Validity and Expiry
recommendations and the draft decision document, ● GR: Lifetime validity; EXC: If expressly stated in ECC.
resulting to the issuance of an ECC, CNC or Denial ● The ECC automatically expires
Letter. (a) if a project has not been implemented within
● Monitoring, Validation and Evaluation/Audit stage five (5) years from ECC issuance, or
assesses performance of the Proponent against the (b) if the ECC was not requested for extension
ECC and its commitments in the Environmental within three (3) months from the expiration of
Management and Monitoring Plans to ensure actual its validity.
impacts of the project are adequately prevented or
mitigated. 42. Applicability of Certificate of Non-Overlap in ECC
Proceedings
37. Difference between ECC/CNC ● Section 59 of IPRA requires as a precondition, relative to
the issuance of any concession, license, lease or
agreement over natural resources, a certification issued
As to ECC CNC
by the NCIP that the area subject thereof does not lie
Purpose Certifies that the The project is not within any ancestral domain.
proponent has complied covered by the EIS ● The issuance of the ECC does not, by and of itself,
with all the requirements and does not need authorize the implementation of the project. Rather, the
of the EIS System an ECC. ECC is intended to, among others, provide guidance or
act as a decision-making tool to other government
Nature of Discretionary Ministerial agencies and LGUs which have the final authority to
Grant grant licenses or permits, such as building permits or
licenses to operate, that will ultimately result in, or
authorize the implementation of the project or the
38. Authority to grant ECC/CNC conduct of specific activities.
● The ECC is not the license or permit contemplated
under Section 59 of the IPRA Law and its implementing
Category Authority rules. Hence, there is no necessity to secure the CNO
under Section 59 before an ECC may be issued and the
A DENR Secretary/EMB Director
issuance of the subject ECC without first securing the
aforesaid certification does not render it invalid.
B EMB Director/ Regional Director

C EMB Director/ Regional Director
D EMB Regional Director



RA 7942, Philippine Mining Act of 1995 neither the applicant nor her predecessors-in interest
have been in open, continuous, exclusive and notorious
Approved March 3, 1995 possession and occupation of the lands in question
Revised IRR of RA 7942, June 28, 2010
since 12 June 1945 or prior thereto.
● RTC and CA ruled in favor of Naguiat.
Declaration of Policy ISSUE
All mineral resources in public and private lands within the Whether or not the areas in question have ceased to have the
territory and exclusive economic zone of the Republic of the status of forest or other inalienable lands of the public domain.
Philippines are owned by the State. It shall be the responsibility HELD
of the State to promote their rational exploration, development, NO. Under Section 2, Article XII of the Constitution,[10] which
utilization and conservation through the combined efforts of embodies the Regalian doctrine, all lands of the public domain
government and the private sector in order to enhance national belong to the State - the source of any asserted right to
growth in a way that effectively safeguards the environment ownership of land.[11] All lands not appearing to be clearly of
and protect the rights of affected communities. private dominion presumptively belong to the State.
Here, respondent never presented the required certification from

the proper government agency or official proclamation
Regalian doctrine; basis and scope reclassifying the land applied for as alienable and disposable.
Matters of land classification or reclassification cannot be
Section 2, Article XII, 1987 Constitution. All lands of the public assumed. It calls for proof.[18] Aside from tax receipts, respondent
domain, waters, minerals, coal, petroleum, and other mineral
submitted in evidence the survey map and technical descriptions
oils, all forces of potential energy, fisheries, forests or timber,
of the lands, which, needless to state, provided no information
wildlife, flora and fauna, and other natural resources are owned
respecting the classification of the property. As the Court has
by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, held, however, these documents are not sufficient to overcome
development, and utilization of natural resources shall be the presumption that the land sought to be registered forms part
under the full control and supervision of the State. The State of the public domain.
may directly undertake such activities, or it may enter into
co-production, joint venture, or production-sharing agreements 030 Republic v CA and Dela Rosa, L-43938 (1988)
with Filipino citizens, or corporations or associations at least
● The Regalian doctrine reserves to the State all natural
60 per centum of whose capital is owned by such citizens.
wealth that may be found in the bowels of the earth
Such agreements may be for a period not exceeding
even if the land where the discovery is made be private.
twenty-five years, renewable for not more than twenty-five
years, and under such terms and conditions as may provided ● Jose de la Rosa filed an application for land registration
by law. In cases of water rights for irrigation, water supply, situated in Tuding, Itogon, Benguet. Lots 1-5 were sold
fisheries, or industrial uses other than the development of to Jose de la Rosa and Lots 6-9 to his children by
waterpower, beneficial use may be the measure and limit of Mamaya Balbalio and Jaime Alberto, respectively, in
the grant. 1964.
The State shall protect the nations marine wealth in its ● The application was separately opposed by Benguet
archipelagic waters, territorial sea, and exclusive economic Consolidated, Inc. as to Lots 1-5, Atok Big Wedge
zone, and reserve its use and enjoyment exclusively to Filipino Corporation, as to portions of Lots 1-5 and all of Lots
citizens. 6-9, and by the Republic of the Philippines, through the
Bureau of Forestry Development, as to Lots 1-9.
The Congress may, by law, allow small-scale utilization of
● Benguet opposed on the ground that the June Bug
natural resources by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence fishermen and fish mineral claim covering Lots 1-5 was sold to it. Atok
workers in rivers, lakes, bays, and lagoons. alleged that a portion of Lots 1-5 and all of Lots 6-9
were covered by the Emma and Fredia mineral claims
The President may enter into agreements with foreign-owned
located by Harrison and Reynolds. The Bureau of
corporations involving either technical or financial assistance
for large-scale exploration, development, and utilization of Forestry Development also interposed its objection,
minerals, petroleum, and other mineral oils according to the arguing that the land sought to be registered was
general terms and conditions provided by law, based on real covered by the Central Cordillera Forest Reserve under
contributions to the economic growth and general welfare of Proclamation No. 217 dated February 16, 1929.
the country. In such agreements, the State shall promote the ● The Court of Appeals affirmed the surface rights of the
development and use of local scientific and technical de la Rosas over the land while at the same time
resources. reserving the sub-surface rights of Benguet and Atok by
The President shall notify the Congress of every contract virtue of their mining claims.
entered into in accordance with this provision, within thirty ISSUE
days from its execution. Who has the better right over the disputed lots.
HELD
The perfection of the mining claim converted the property to
029 People v Naguiat, 134209 (2006) mineral land and under the laws then in force removed it from the
public domain.[14] By such act, the locators acquired exclusive
● This is an application for registration of title to four (4)
rights over the land, against even the government, without need
parcels of land located in Panan, Botolan, Zambales,
of any further act such as the purchase of the land or the
more particularly described in the amended application
obtention of a patent over it.[15] As the land had become the
filed by Celestina Naguiat.
private property of the locators, they had the right to transfer the
● The Republic of the Philippines [herein petitioner]. . .
same, as they did, to Benguet and Atok.
filed an opposition to the application on the ground that



Even if it be assumed that the predecessors-in-interest of the de Administrative Order No. 57, series of 1989, captioned
la Rosas had really been in possession of the subject property, "Guidelines on Mineral Production Sharing Agreement
their possession was not in the concept of owner of the mining under Executive Order No. 279." [6] Under the transitory
claim but of the property as agricultural land, which it was not. provision of said DENR Administrative Order No. 57,
The property was mineral land, and they were claiming it as embodied in its Article 9, all existing mining leases or
agricultural land. agreements which were granted after the effectivity of
The Court feels that the rights over the land are indivisible and the 1987 Constitution pursuant to Executive Order No.
that the land itself cannot be half agricultural and half mineral. 211, except small scale mining leases and those
The classification must be categorical; the land must be either pertaining to sand and gravel and quarry resources
completely mineral or completely agricultural. In the instant case, covering an area of twenty (20) hectares or less, shall be
as already observed, the land which was originally classified as converted into production-sharing agreements within
forest land ceased to be so and became mineral — and one (1) year from the effectivity of these guidelines.
completely mineral — once the mining claims were perfected. ● On November 20, 1990, the Secretary of the DENR
Our holding is that Benguet and Atok have exclusive rights to the issued DENR Administrative Order No. 82, series of
property in question by virtue of their respective mining claims 1990, laying down the "Procedural Guidelines on the
which they validly acquired before the Constitution of 1935 Award of Mineral Production Sharing Agreement
prohibited the alienation of all lands of the public domain except (MPSA) through Negotiation."
agricultural lands, subject to vested rights existing at the time of ● Petitioner Miners Association of the Philippines, Inc.,
its adoption. mainly contends that respondent Secretary of DENR
issued both Administrative Order Nos. 57 and 82 in
excess of his rule-making power.
Full control and supervision by the State ISSUE
Whether DENR Administrative Order Nos. 57 and 82 contravene
Section 4. Ownership of Mineral Resources. Executive Order Nos. 211 and 279.
Mineral resources are owned by the State and the exploration, HELD
development, utilization, and processing thereof shall be under NO. Upon the effectivity of the 1987 Constitution on February 2,
its full control and supervision. The State may directly 1987, [18] the State assumed a more dynamic role in the
undertake such activities or it may enter into mineral exploration, development and utilization of the natural resources
agreements with contractors. of the country.
The State shall recognize and protect the rights of the Given these considerations, there is no clear showing that
indigenous cultural communities to their ancestral lands as respondent DENR Secretary has transcended the bounds
provided for by the Constitution. demarcated by Executive Order No. 279 for the exercise of his
rule-making power tantamount to a grave abuse of discretion.

Section 6 of Executive Order No. 279 specifically authorizes said
031 Miners Association of the Philippines v Factoran, 98332 official to promulgate such supplementary rules and regulations
(1995) as may be necessary to effectively implement the provisions
● No longer is the utilization of inalienable lands of public thereof. Moreover, the subject sought to be governed and
domain through "license, concession or lease" under the regulated by the questioned orders is germane to the objects and
1935 and 1973 Constitutions [1] allowed under the 1987 purposes of Executive Order No. 279 specifically issued to carry
Constitution. out the mandate of Article XII, Section 2 of the 1987 Constitution.
● The options open to the State are through direct We, therefore, rule that the questioned administrative orders are
undertaking or by entering into co-production, joint reasonably directed to the accomplishment of the purposes of
venture, or production-sharing agreements, or by the law under which they were issued and were intended to
entering into agreement with foreign-owned secure the paramount interest of the public, their economic
corporations for large-scale exploration, development growth and welfare. The validity and constitutionality of
and utilization. Administrative Order Nos. 57 and 82 must be sustained, and their
● Aquino promulgated Executive Order No. 211 force and effect upheld.
prescribing the interim procedures in the processing and
approval of applications for the exploration, 032 La Bugal-B’laan Tribal Association, Inc v Ramos, 127882
development and utilization of minerals pursuant to the (2004 Decision and Resolution)
1987 Constitution in order to ensure the continuity of
● The present petition for mandamus and prohibition
mining operations and activities and to hasten the
assails the constitutionality of Republic Act No. 7942,[5]
development of mineral resources.
otherwise known as the PHILIPPINE MINING ACT OF
● She likewise promulgated Executive Order No. 279
1995, along with the Implementing Rules and
authorizing the DENR Secretary to negotiate and
Regulations issued pursuant thereto, Department of
conclude joint venture, co-production, or
Environment and Natural Resources (DENR)
production-sharing agreements for the exploration,
Administrative Order 96-40, and of the Financial and
development and utilization of mineral resources, and
Technical Assistance Agreement (FTAA) entered into on
prescribing the guidelines for such agreements and
March 30, 1995 by the Republic of the Philippines and
those agreements involving technical or financial
WMC (Philippines), Inc. (WMCP), a corporation
assistance by foreign-owned corporations for
organized under Philippine laws.
large-scale exploration, development, and utilization of
● Petitioners thus filed the present petition for prohibition
minerals.
and mandamus, with a prayer for a temporary
● Pursuant to Section 6 of Executive Order No. 279, the
restraining order. They allege that at the time of the
DENR Secretary issued on June 23, 1989 DENR
filing of the petition, 100 FTAA applications had already



been filed, covering an area of 8.4 million hectares,[38] 64 grave consequence of forfeiture of all their rights to their claims,
of which applications are by fully foreign-owned holders of subsisting and valid patentable mining claims located
corporations covering a total of 5.8 million hectares, and under the Philippine Bill of 1902 were to file mining lease
at least one by a fully foreign-owned mining company applications therefor within one (1) year from the effectivity of
over offshore areas. the said decree.[34] The filing of such mining lease applications
HELD was considered a waiver of the holders’ rights to the issuance of
Like the 1935 and 1973 Constitutions before it, the 1987 mining patents for their claims.[35] Corollarily, non-filing of
Constitution, in the second sentence of the same provision, applications for mining lease by the holders thereof within the
prohibits the alienation of natural resources, except agricultural one-year period would cause the forfeiture of all their rights to
lands. their claims.
The third sentence of the same paragraph is new: “The
exploration, development and utilization of natural resources 035 Medrana v Office of the President, 85904 (1990)
shall be under the full control and supervision of the State.” The
Thus, abandonment may be said to result where there is
constitutional policy of the State’s “full control and supervision”
concurrence of two (2) elements: the first being the intent to
over natural resources proceeds from the concept of jura regalia,
abandon a right or claim and the second being the external act by
as well as the recognition of the importance of the country’s
which that intention is expressed and carried into effect. There
natural resources, not only for national economic development,
must, moreover, be an actual, as distinguished from a merely
but also for its security and national defense.[178] Under this
projected, relinquishment of a claim or right; otherwise the right
provision, the State assumes “a more dynamic role” in the
or claim is not vacated or waived so as to be susceptible of being
exploration, development and utilization of natural resources.
appropriated by the next owner. These two (2) requirements are
The nationalization of the natural resources was intended
clearly lacking in the case at bar. The Director of Mines and
(1) to insure their conservation for Filipino posterity;
public respondent Office of the President had found that, in point
(2) to serve as an instrument of national defense, helping
of fact, private respondent Supreme Aggregates had performed
prevent the extension to the country of foreign control
its annual work obligations. Supreme Aggregates could not
through peaceful economic penetration; and
therefore be said to have intended to abandon its mining claim or
(3) to avoid making the Philippines a source of international
lease, notwithstanding the fact that it had failed to submit the
conflicts with the consequent danger to its internal
normal documentary proof of performance of annual work
security and independence
obligations -- that is, the Affidavit of Annual Work Obligations. We

agree, therefore, with the conclusion of the Office of the President
that in the instant case, there was no abandonment, whether
Effect to Mining Rights under Philippine Bill of 1902 automatic or voluntary, of MLC No. V-754.
It is true that under Section 67 of P.D. No. 463, petitioner
Medrana, as registered owner of the superficies of the land here
033 Yinlu Bicol Mining Corporation v Trans-Asia Oil and Energy
involved, had a “preferential right to exploit the quarry resources
Development Corporation, 207942 (2015)
found therein". That right, however, was simply a preferential
Indeed, the mining patents of Yinlu were issued pursuant to the right, and that right was ineffective to dissolve the pre-existing or
Philippine Bill of 1902 and were subsisting prior to the effectivity subsisting right of private respondent Supreme Aggregates.
of the 1935 Constitution. Consequently, Yinlu and its
predecessors-in-interest had acquired vested rights in the

disputed mineral lands that could not and should not be impaired
even in light of their past failure to comply with the requirement Exploration Permit
of registration and annual work obligations.
Relevantly, we advert to the DENR’s finding that PIMI’s failure to Section 20. Exploration Permit. An exploration permit grants
the right to conduct exploration for all minerals in specified
register the patents in 1974 pursuant to PD No. 463 was
areas. The Bureau shall have the authority to grant an
excusable because of its suffering financial losses at that time,
exploration Permit to a qualified person.
which eventually led to the foreclosure of the mortgages on its
assets by the MBC and PCIB as its creditors.[60] The failure of
Yinlu’s predecessors-in-interest to register and perform annual
Area open and closed to mining
work obligations did not automatically mean that they had
already abandoned their mining rights, and that such rights had Section 18. Areas Open to Mining Operations.
already lapsed. For one, the DENR itself declared that it had not
Subject to any existing rights or reservations and prior
issued any specific order cancelling the mining patents.[61] Also,
agreements of all parties, all mineral resources in public or
the tenets of due process required that Yinlu and its private lands, including timber or forestlands as defined in
predecessors-in-interest be given written notice of their existing laws, shall be open to mineral agreements or financial
non-compliance with PD No. 463 and the ample opportunity to or technical assistance agreement applications. Any conflict
comply. that may arise under this provision shall be heard and resolved
by the panel of arbitrators.
034 Atok Big-Wedge Mining Co v IAC, 63528 (1996)
Even under P.D. 463 which was enacted in 1974, the possessory Section 19. Areas Closed to Mining Applications.
rights of mining claim holders under the Philippine Bill of 1902 Mineral agreement or financial or technical assistance
remained effective for as long as said holders complied with the agreement applications shall not be allowed:
annual actual work requirement. But on October 14, 1977, P.D.
a. In military and other government reservations, except
No. 1214 required all the holders of unpatented mining claims to
upon prior written clearance by the government
secure mining lease contracts under P.D. No. 463. Faced with the
agency concerned;



b. Near or under public or private buildings, cemeteries, resources by geological, geochemical or geophysical surveys,
archeological and historic sites, bridges, highways, remote sensing, test pitting, trenching, drilling, shaft sinking,
waterways, railroads, reservoirs, dams or other tunneling or any other means for the purpose of determining
infrastructure projects, public or private works the existence, extent, quantity and quality thereof and the
including plantations or valuable crops, except upon feasibility of mining them for profit.
written consent of the government agency or private
entity concerned;
c. In areas covered by valid and existing mining rights; Qualified person means any citizen of the Philippines with
d. In areas expressly prohibited by law; capacity to contract, or a corporation, partnership, association, or
e. In areas covered by small-scale miners as defined by
cooperative organized or authorized for the purpose of engaging in
law unless with prior consent of the small-scale miring, with technical and financial capability to undertake mineral
miners, in which case a royalty payment upon the resources development and duly registered in accordance with law
utilization of minerals shall be agreed upon by the at least sixty per centum (60%) of the capital of which is owned by
parties, said royalty forming a trust fund for the citizens of the Philippines: Provided, That a legally organized
socioeconomic development of the community foreign-owned corporation shall be deemed a qualified person for
concerned; and purposes of granting an exploration permit, financial or technical
f. Old growth or virgin forests, proclaimed watershed assistance agreement or mineral processing permit.
forest reserves, wilderness areas, mangrove forests,
mossy forests, national parks provincial/municipal
forests, parks, greenbelts, game refuge and bird 036 Narra Nickel Mining and Development Corporation v
sanctuaries as defined by law and in areas expressly Redmont Consolidation, 202877 (2015)
prohibited under the National Integrated Protected
Since an FTAA is entered into by the President on the State's
Areas System (NIPAS) under Republic Act No. 7586,
behalf, and it involves a matter of public concern in that it covers
Department Administrative Order No. 25, series of
the large-scale exploration, development, and utilization of
1992 and other laws.
mineral resources, it is properly classified as a government or
(Sec 15, CIRR) The following areas may be opened for mining public contract, which is, according to jurisprudence, "generally
applications the approval of which are subject to the following
subject to the same laws and regulations which govern the
conditions:
validity and sufficiency of contracts between private individuals.”
1. Military and other Government Reservations, upon
prior written clearance by the Government agency

having jurisdiction over such Reservations;
2. Areas near or under public or private buildings, Term and Work Program
cemeteries, archaeological and historic sites, bridges,
highways, waterways, railroads, reservoirs, dams or Section 24. Declaration of Mining Project Feasibility. A holder
other infrastructure projects, public or private works, of an exploration permit who determines the commercial
including plantations or valuable crops, upon written viability of a project covering a mining area may, within the
consent of the concerned Government agency or term of the permit, file with the Bureau a declaration of mining
private entity subject to technical evaluation and project feasibility accompanied by a work program for
validation by the Bureau; development. The approval of the mining project feasibility
3. Areas covered by FTAA applications which shall be and compliance with other requirements provided in this Act
opened for quarry resources mining applications shall entitle the holder to an exclusive right to a mineral
pursuant to Section 53 hereof upon the written production sharing agreement or other mineral agreements or
consent of the FTAA applicants: Provided, That sand financial or technical assistance agreement.
and gravel permit applications shall not require
consent from the FTAA, Exploration Permit or Mineral
Agreement applicant, except for Mineral Agreement Terms and Conditions
or Exploration Permit applications covering sand,
gravel and/or alluvial gold: Provided, further, That the SECTION 22. Terms and Conditions of an Exploration Permit.
Director shall formulate the necessary guidelines to — An Exploration Permit shall contain the following terms and
govern this provision; conditions:
4. Areas covered by small-scale mining under R.A. No. a. The right to explore shall be subject to valid, prior and
7076/P.D. No. 1899 upon prior consent of the existing rights of any party(ies) within the subject
small-scale miners, in which case a royalty payment, area;
upon the utilization of minerals, shall be agreed upon b. The Permit shall be for the exclusive use and benefit
by the concerned parties and shall form a Trust Fund of the Permittee or its duly authorized representative
for the socioeconomic development of the concerned and, shall under no circumstances, be used by the
community; and Permittee for purposes other than exploration;
5. DENR Project Areas upon prior consent from the c. The term of the Permit shall be for a period of two (2)
concerned agency. years from date of issuance thereof, renewable for
like periods but not to exceed a total term of four (4)

years for nonmetallic mineral exploration or six (6)
Mining activities distinguished from “exploration” years for metallic mineral exploration: Provided, That
no renewal of Permit shall be allowed unless the
Mining operation means mining activities involving Permittee has complied with the terms and
exploration, feasibility, development, utilization, and conditions of the Permit and has not been found
processing. guilty of violation of any provision of the Act and
Exploration means the searching or prospecting for mineral these implementing rules and regulations: Provided,



further, That in case of failure to Ble the declaration of i. In case of diamond drilling, the Permittee shall, upon

mining project feasibility during the total term of four request of the Director/Regional Director concerned,
(4) years of the Exploration Permit for non-metallic submit to the Bureau/Regional Office concerned a
minerals or six (6) years of the same Exploration quarter of the core samples which shall be deposited
Permit for metallic minerals, the Permittee may apply in the Bureau/Regional Office Core Library concerned
for further renewal of the Exploration Permit, which for reference and safekeeping;
may be granted by the Secretary for another term of j. Offshore exploration activities shall be carried out in
two (2) years for the very purpose of preparing or accordance with the United Nations Convention on
completing the feasibility studies, and Bling of the the Law of the Sea (UNCLOS) and in a manner that
declaration of mining project feasibility and the will not adversely affect the safety of navigation at
pertinent Mineral Agreement or FTAA application. sea and will ensure accommodation with other
The complete and Bnal exploration report shall be marine activities such as fishing, aquaculture,
required in this renewal of the Exploration Permit: transportation, etc.;
Provided, furthermore, That in case the Exploration k. Onshore exploration activities shall be carried out in a
Permit expires prior to the approval of the declaration manner that will, at all times, safeguard the
of mining project feasibility and/or Bling of the environment;
Mineral Agreement or FTAA application, the said l. If the Permittee applies for a Mineral Agreement or
Exploration Permit shall be deemed automatically FTAA over the permit area, the exploration period
extended until such time that the Mineral Agreement covered by the Exploration Permit shall be considered
or FTAA application is approved; as the exploration period of the Mineral Agreement or
d. The Permittee shall submit to the Bureau/Regional FTAA;
Office concerned within thirty (30) calendar days after m. The Permittee shall comply with pertinent provisions
the end of each semester a report under oath of the of the Act and these implementing rules and
Exploration Work Program implementation and regulations; and
expenditures showing discrepancies/deviations n. The Permittee may surrender the Permit or exercise
including the results of the survey, laboratory reports, the priority right to apply for a Mineral Agreement or
geological reports/maps subject to semiannual FTAA over the permit area, which application shall be
inspection and verification by the Bureau/Regional granted if the Permittee meets the necessary
Office concerned at the expense of the Permittee: qualifications and the terms and conditions of any
Provided, That any expenditure in excess of the yearly such agreement;
budget of the approved Exploration Work Program o. The Permit excludes commercial extraction and/or
may be carried forward and credited to the construction of infrastructures designed for mining
succeeding years covering the duration of the Permit; development or mining production;
e. The Permittee shall submit to the Bureau/Regional p. The Permit does not grant beneficial ownership of the
Office concerned within thirty (30) calendar days from minerals to the Permittee;
the end of six (6) months after the approval of the q. The Director/Regional Director concerned shall cause
Environmental Work Program (EWP) and every six (6) the cancellation of the Exploration Permit for failure
months thereafter a status report on its compliance of the Permittee to comply with the terms and
with the said EWP; conditions under which the Permit is issued;
f. The Permittee shall annually relinquish at least 20% r. The Permittee shall assume all the exploration risks
of the permit area during the first two (2) years of and shall not be entitled to reimbursement of its
exploration and at least 10% of the remaining permit expenses;
area annually during the extended exploration period. s. The Permittee shall comply with the minimum ground
However, if the permit area is less than Bve thousand expenditures during the term of the Permit, as
(5,000) hectares, the Permittee need not relinquish follows:
any part thereof. A separate report of relinquishment
shall be submitted to the Bureau/Regional Office Year Pesos/Hectare
concerned with a detailed geologic report of the
1 100
relinquished area accompanied by maps at a scale of
1:50,000 and results of analyses and corresponding 2 100
expenditures, among others. The minimum
exploration expenditures for the remaining area after 3 400
relinquishment shall be based on the approved
Exploration Work Program; 4 400
g. The Secretary or his/her duly authorized
5 900
representative shall annually review the performance
of the Permittee; 6 1,150
h. The Permittee shall submit to the Bureau/Regional
Office concerned a final report upon the expiration or 7 and onward 1,150
relinquishment of the Permit or its conversion into
Mineral Agreement or FTAA in a form and substance
In case the minimum ground expenditure for a given
comparable to published reports of respected
international organizations and shall incorporate all year is not met for justifiable reasons as determined
by the Bureau/Regional Office concerned, the
the findings in the permit area, including locations of
samples, assays, chemical analyses and assessment unexpended amount may be spent on the following
year of the Permit. However, if the minimum ground
of the mineral potential. Such report shall include
complete detailed expenditures incurred during the expenditures for the entire term of the Permit are not
met, the unexpended amount shall be paid by the
exploration;



Mineral Agreement means a contract between the government

Permittee and shall accrue to the Bureau to be used
for mining operations in Mineral Reservations or to and a contractor, involving mineral production-sharing agreement,
other purposes as may be determined by the Bureau. co-production agreement, or joint-venture agreement.
The failure of the Permittee to pay the said amount
within the prescribed period shall be a ground for the
Forms
denial of its mining application for renewal of the
Permit or other related application(s). Section 26. Modes of Mineral Agreement.
t. The Permittee in the case of a juridical entity shall For purposes of mining operations, a mineral agreement may
annually submit a copy of its SEC-received General take the following forms as herein defined:
Information Sheet; and
u. Other terms and conditions which the a. Mineral production sharing agreement is an
Bureau/Regional Office concerned may deem agreement where the Government grants to the
appropriate. contractor the exclusive right to conduct mining
operations within a contract area and shares in the
gross output. The contractor shall provide the
financing, technology, management and personnel
Registration Requirements necessary for the implementation of this agreement.
b. Co-production agreement is an agreement between
SECTION 19. Application for Exploration Permit/Mandatory
the Government and the contractor wherein the
Requirements. — Any Qualified Person may apply for an
Government shall provide inputs to the mining
Exploration Permit (MGB Form No. 5-1) with the Regional
operations other than the mineral resource.
Office concerned, through payment of the required fees and
c. Joint venture agreement is an agreement where a
submission of five (5) sets of the following mandatory
joint-venture company is organized by the
requirements:
Government and the contractor with both parties
a. Location map/sketch plan of the proposed permit having equity shares. Aside from earnings in equity,
area showing its geographic coordinates/meridional the Government shall be entitled to a share in the
block(s) and boundaries in relation to major gross output.
environmental features and other projects using a
A mineral agreement shall grant to the contractor the exclusive
National Mapping and Resource Information
right to conduct mining operations and to extract all mineral
Authority (NAMRIA) topographic map in a scale of
resources found in the contract area. In addition, the
1:50,000 duly prepared, signed and sealed by a
contractor may be allowed to convert his agreement into any
deputized Geodetic Engineer;
of the modes of mineral agreements or financial or technical
b. Two-year Exploration Work Program (MGB Form No.
assistance agreement covering the remaining period of the
5-4) duly prepared, signed and sealed by a licensed
original agreement subject to the approval of the Secretary.
Mining Engineer or Geologist;
c. Proof of technical competence, including, among
others, curricula vitae and track records in exploration
and environmental management of the technical Terms and Scope
personnel who shall undertake the activities in
accordance with the submitted Exploration Work Section 32. Terms.
Program; Mineral agreements shall have a term not exceeding
d. Proof of financial capability to undertake the twenty-five (25) years to start from the date of execution
Exploration Work Program, such as the following: thereof, and renewable for another term not exceeding
1. For an individual — Copy of income tax twenty-five (25) years under the same terms and conditions
return for the preceding year and proof of thereof, without prejudice to changes mutually agreed upon by
bank deposit or credit line in the amount of the parties. After the renewal period, the operation of the mine
at least Two Million Five Hundred Thousand may be undertaken by the Government or through a contractor.
Pesos (PhP2,500,000.00) and The contract for the operation of a mine shall be awarded to
2. For a corporation, partnership, association the highest bidder in a public bidding after due publication of
or cooperative — Latest audited financial the notice thereof: Provided, That the contractor shall have the
right to equal the highest bid upon reimbursement of all
statement and, where applicable, Annual
Report for the preceding year, credit line(s), reasonable expenses of the highest bidder.
bank guarantee(s) and/or similar negotiable Section 28. Maximum Areas for Mineral Agreement.
instruments; The maximum area that a qualified person may hold at any
e. Photocopy of Articles of Incorporation/ Partnership/ time under a mineral agreement shall be:
Association, By-Laws and Certificate of Registration,
a. Onshore, in any one province
duly certified by the Securities and Exchange
1. for individuals, ten (10) blocks; and
Commission (SEC) or authorized Government
2. for partnerships, cooperatives, associations,
agency(ies) concerned, for a corporation, partnership,
or corporations, one hundred (100) blocks.
association or cooperative, or Certification from the
b. Onshore, in the entire Philippines
Bureau/Regional Office concerned that said
1. for individuals, twenty (20) blocks; and
documents are duly registered in that Office; and
f. Affidavit of Undertaking pursuant to DENR
or corporations, two hundred (200) blocks.
Memorandum Order (DMO) No. 99-10, as amended,
c. Offshore, in the entire Philippines
for a corporation, partnership, association or
1. for individuals fifty (50) blocks;
cooperative.
or corporations, five hundred (500) blocks;
and



DENR Secretary's power to cancel mining agreements, the Court

3. for the exclusive economic zone, a larger
provided the reasons, as follows:
area to be determined by the Secretary.
(1) the DENR Secretary's power to cancel mineral
The maximum areas mentioned above that a contractor may
agreements emanates from his administrative authority,
hold under a mineral agreement shall not include
supervision, management, and control over mineral
mining/quarry areas under operating agreements between the
resources under Chapter I, Title XIV of Book IV of the
contractor and a claimowner/lessee/permittee/licensee
Revised Administrative Code of 1987;[49]
entered into under Presidential Decree No. 463.
(2) R.A. No. 7942 confers to the DENR Secretary specific
authority over mineral resources, which includes the
authority to enter into mineral agreements on behalf of
Power to Cancel Mineral Agreements
the Government upon the recommendation of the
Section 31. Withdrawal from Mineral Agreements. Director and corollarily, the implied power to terminate
mining or mineral contracts;[50]
The contractor may, by giving due notice at any time during the
(3) the power of control and supervision of the DENR
term of the agreement, apply for the cancellation of the
Secretary over the MGB to cancel or recommend
mineral agreement due to causes which, in the opinion of the
cancellation of mineral rights under R.A. No. 7942
contractor, make continued mining operations no longer
feasible or viable. The Secretary shall consider the notice and demonstrates the authority of the DENR Secretary to
issue its decision within a period of thirty (30) days: Provided, cancel or approve the cancellation of mineral
That the contractor has met all its financial, fiscal and legal agreements;[51] and
obligations. (4) the DENR Secretary's power to cancel mining rights or
Section 96. Violation of the Terms and Conditions of Permits agreements can be inferred from Section 230, Chapter
or Agreements. XXIV of DENR A.O. No. 96-40 on cancellation,
revocation, and termination of a permit/mineral
Violation of the terms and conditions of the permits or
agreement/Financial and Technical Assistance
agreements shall be a sufficient ground for cancellation of the
Agreement.
same.

Section 97. Non-Payment of Taxes and Fees.
"Financial or Technical Assistance Agreement (FTAA)"
Failure to pay the taxes and fees due the Government for two
means a contract involving financial or technical assistance for
(2) consecutive years shall cause the cancellation of the
large-scale exploration, development and utilization of mineral
exploration permit, mineral agreement, financial or technical
resources.
assistance agreement and other agreements and the
re-opening of the area subject thereof to new applicants.
Nature of FTAAs

037 Basiana Mining Exploration Corporation v DENR Secretary, An FTAA is explicitly characterized as a contract in Section 3
191705 (2016) (r) of RA 7942.
The act of the DENR Secretary in approving SRMI's application
and entering into MPSA No. 261-2008-XIII is not an exercise of its
quasi-judicial power; hence, it cannot be reviewed by the CA, Eligibility
whether by a petition for review under Rule 43 or a special civil
Section 33. Eligibility. Any qualified person with technical and
action for certiorari under Rule 65 of the Rules of Court. financial capability to undertake large-scale exploration,
In the case of the DENR Secretary, its power to approve and enter development, and utilization of mineral resources in the
into a MPSA is unmistakably administrative in nature as it springs Philippines may enter into a financial or technical assistance
from the mandate of the DENR under the Revised Administrative agreement directly with the Government through the
Code of 1987. Department.
Neither does the DENR Secretary resolve conflicting claims;
rather, what is involved here is the determination whether a
certain applicant complied with the conditions required by the Narra Nickel v Redmont, supra (36)
law, and is financially and technically capable to undertake the

contract, among others.
The power to approve and enter into agreements or contracts Terms and Scope
rests primarily with the DENR Secretary. Perforce, the power to
cancel an MPSA likewise lies with the DENR Secretary. Such Section 35. Terms and Conditions.
implied power of the DENR Secretary was upheld by the Court in The following terms, conditions, and warranties shall be
Celestial Nickel Mining. incorporated in the financial or technical assistance
agreement, to wit:
038 Celestial Nickel Mining Exploration Corporation v Macroasia a. A firm commitment in the form of a sworn statement,

Corporation, 169080 (2007) of an amount corresponding to the expenditure
obligation that will be invested in the contract area:
Celestial Nickel Mining involved the cancellation of several mining
Provided, That such amount shall be subject to
lease contracts in favor of Macroasia Corporation. The pivotal
changes as may be provided for in the rules and
issue in said case was defined by the Court as: "who has regulations of this Act;
authority and jurisdiction to cancel existing mineral agreements b. A financial guarantee bond shall be posted in favor of
under [R.A. No. 7942] in relation to [Presidential Decree No.] 463 the Government in an amount equivalent to the
and pertinent rules and regulations."[48] In acknowledging the expenditure obligation of the applicant for any year;



Evaluation, filing, and publication requirements

c. Submission of proof of technical competence, such
as, but not limited to, its track record in mineral
Section 37. Filing and Evaluation of Financial or Technical
resource exploration, development, and utilization;
Assistance Agreement Proposals. All financial or technical
details of technology to be employed in the proposed
assistance agreement proposals shall be filed with the Bureau
operation; and details of technical personnel to
after payment of the required processing fees. If the proposal
undertake the operation;
is found to be sufficient and meritorious in form and
d. Representations and warranties that the applicant
substance after evaluation, it shall be recorded with the
has all the qualifications and none of the
appropriate government agency to give the proponent the prior
disqualifications for entering into the agreement;
right to the area covered by such proposal: Provided, That
e. Representations and warranties that the contractor
existing mineral agreements, financial or technical assistance
has or has access to all the financing, managerial and
agreements and other mining rights are not impaired or
technical expertise and, if circumstances demand,
prejudiced thereby. The Secretary shall recommend its
the technology required to promptly and effectively
approval to the President.
carry out the objectives of the agreement with the
understanding to timely deploy these resources under SECTION 55. Publication/Posting/Radio Announcement of an
its supervision pursuant to the periodic work FTAA Application. — Within five (5) working days from receipt
programs and related budgets, when proper, providing of the necessary area clearances, the Regional Office(s)
an exploration period up to two (2) years, extendible concerned shall issue the Notice of Application for FTAA to the
for another two (2) years but subject to annual review applicant for publication and radio announcement, and to the
by the Secretary in accordance with the implementing Offices concerned for posting. The Notice must contain,
rules and regulations of this Act, and further, subject among others, the name and complete address of the
to the relinquishment obligations; applicant, duration of the agreement applied for, extent of
f. Representations and warranties that, except for operation to be undertaken, area location, geographical
payments for dispositions for its equity, foreign coordinates/meridional block(s) of the proposed contract area
investments in local enterprises which are qualified and location map/sketch plan with index map relative to major
for repatriation, and local supplier's credits and such environmental features and projects and to the nearest
other generally accepted and permissible financial municipalities.
schemes for raising funds for valid business Within five (5) working days from receipt of the Notice, the
purposes, the contractor shall not raise any form of FTAA applicant shall cause the publication thereof once, in two
financing from domestic sources of funds, whether in (2) newspapers: one of general circulation published in Metro
Philippine or foreign currency, for conducting its Manila and another published in the municipality or province
mining operations for and in the contract area; where the proposed contract area is located, if there be such
g. The mining operations shall be conducted in newspapers; otherwise, in the newspaper published in the
accordance with the provisions of this Act and its nearest municipality or province. The pertinent affidavits of
implementing rules and regulations; publication shall be submitted by the FTAA applicant to the
h. Work programs and minimum expenditures Regional Office concerned within five (5) days from the date of
commitments; publication of the Notice.
i. Preferential use of local goods and services to the The Regional Office concerned shall cause the posting of the
maximum extent practicable; Notice on its bulletin board, and those of the province(s) and
j. A stipulation that the contractors are obligated to give municipality(ies) concerned, or city(ies) concerned, for one (1)
preference to Filipinos in all types of mining week, copy furnished the Bureau and the barangay(s) where
employment for which they are qualified and that the proposed contract area is located. Where necessary, the
technology shall be transferred to the same; Notice shall be in a language generally understood in the
k. Requiring the proponent to effectively use appropriate concerned locality where it is posted.
anti-pollution technology and facilities to protect the
environment and to restore or rehabilitate mined out The radio announcements shall be made daily for one (1) week
areas and other areas affected by mine tailings and in a local radio program and shall consist of the name and
other forms of pollution or destruction; complete address of the applicant, area location, duration of
l. The contractors shall furnish the Government records the agreement applied for and instructions that information
of geologic, accounting, and other relevant data for regarding such application may be obtained at the Regional
its mining operations, and that book of accounts and Office(s) concerned. The publication and radio
records shall be open for inspection by the announcements shall be at the expense of the applicant.
government; Within five (5) working days from the last date of posting and
m. Requiring the proponent to dispose of the minerals radio announcement, the authorized officer(s) of the office(s)
and byproducts produced under a financial or concerned shall issue a certification(s) that the posting/radio
technical assistance agreement at the highest price announcement have been complied with. Any adverse claim,
and more advantageous terms and conditions as protest or opposition shall be Bled directly, within ten (10) days
provided for under the rules and regulations of this from the date of publication or from the last date of
Act; posting/radio announcement, with the Regional Office
n. Provide for consultation and arbitration with respect concerned or through any PENRO or CENRO concerned for
to the interpretation and implementation of the terms filing in the Regional Office concerned for purposes of its
and conditions of the agreements; and resolution by the Panel of Arbitrators pursuant to the
o. Such other terms and conditions consistent with the provisions of the Act and these implementing rules and
Constitution and with this Act as the Secretary may regulations.
deem to be for the best interest of the State and the Upon final resolution of any adverse claim, protest or
welfare of the Filipino people. opposition, the Panel of Arbitrators shall issue a Certification
to that effect within five (5) working days from the date of

finality of resolution thereof. Where no adverse claim, protest



or opposition is filed after the lapse of the period for filing the (1) The service contract shall be crafted in accordance with
adverse claim, protest or opposition, the Panel of Arbitrators a general law that will set standard or uniform terms,
shall likewise issue a Certification to that effect within five (5) conditions and requirements, presumably to attain a
working days from receipt of the request of any interested certain uniformity in provisions and avoid the possible
party. insertion of terms disadvantageous to the country.
However, previously published valid and existing mining claims
or FTAA applications originating from Exploration Permits that (2) The President shall be the signatory for the government
have undergone the publication/posting/radio announcement because, supposedly before an agreement is presented
requirement are exempted from the publication/posting/radio to the President for signature, it will have been vetted
announcement requirement under this Section. several times over at different levels to ensure that it
No FTAA shall be approved unless the requirements under this conforms to law and can withstand public scrutiny.
Section are fully complied with and any adverse
claim/protest/opposition thereto is finally resolved by the (3) Within thirty days of the executed agreement, the
Panel of Arbitrators. President shall report it to Congress to give that branch
of government an opportunity to look over the agreement
and interpose timely objections, if any.
Distinguished from “Service Contracts”
039 Didipio Earth-Savers Multipurpose Association v Gozun, Quarry Operations means the process of extracting, removing
157882 (2006) and disposing quarry resources found on or underneath the
Service Contracts Not Deconstitutionalized surface of private or public land.
Lastly, petitioners stress that the service contract regime under
the 1973 Constitution is expressly prohibited under the 1987
The Provincial/City Mining Regulatory Board
Constitution as the term service contracts found in the former
was deleted in the latter to avoid the circumvention of SECTION 70. Provincial/City Mining Regulatory Board. — The
constitutional prohibitions that were prevalent in the 1987 Provincial/City Mining Regulatory Board shall, among others,
Constitution. According to them, the framers of the 1987 accept, process and evaluate applications and determine
Constitution only intended for foreign-owned corporations to administrative charges and fees for Quarry, Sand and Gravel,
provide either technical assistance or financial assistance. Upon Guano, Gemstone Gathering and Small-Scale Mining Permits
perusal of the CAMC FTAA, petitioners are of the opinion that the duly filed with the same. It shall be chaired by the Regional
same is a replica of the service contract agreements that the Director concerned or his/her duly authorized representative
present constitution allegedly prohibit. with the following members:
Again, this contention is not well-taken. The mere fact that the a. Provincial Governor/City Mayor or his/her
term service contracts found in the 1973 Constitution was not representative as Vice-Chair,
carried over to the present constitution, sans any categorical b. Small-scale mining representative,
statement banning service contracts in mining activities, does c. Large-scale mining representative, and
not mean that service contracts as understood in the 1973 d. Department-duly accredited environmental
Constitution was eradicated in the 1987 Constitution.[56] The 1987 Nongovernmental Organization representative.
Constitution allows the continued use of service contracts with The Regional Office concerned shall provide the technical
foreign corporations as contractors who would invest in and secretariat to the Provincial/City Mining Regulatory Board.
operate and manage extractive enterprises, subject to the full
control and supervision of the State; this time, however, safety
measures were put in place to prevent abuses of the past regime. Quarry Permit

Section 43. Quarry Permit. Any qualified person may apply to
040 La Bugal-B’laan Tribal Association, Inc v Ramos, 127882
the provincial/city mining regulatory board for a quarry permit
(2004 Resolution)
on privately-owned lands and/or public lands for building and
The phrase agreements involving either technical or financial construction materials such as marble, basalt, andesite,
assistance, referred to in paragraph 4, are in fact service conglomerate, tuff, adobe, granite, gabbro, serpentine, inset
contracts. But unlike those of the 1973 variety, the new ones are filling materials, clay for ceramic tiles and building bricks,
between foreign corporations acting as contractors on the one pumice, perlite and other similar materials that are extracted
hand; and on the other, the government as principal or “owner” of by quarrying from the ground. The provincial governor shall
the works. In the new service contracts, the foreign contractors grant the permit after the applicant has complied with all the
provide capital, technology and technical know-how, and requirements as prescribed by the rules and regulations.
managerial expertise in the creation and operation of large-scale The maximum area which a qualified person may hold at any
mining/extractive enterprises; and the government, through its one time shall be five hectares (5 has.): Provided, That in
agencies (DENR, MGB), actively exercises control and supervision large-scale quarry operations involving cement raw materials,
over the entire operation. marble, granite, sand and gravel and construction aggregates,
Such service contracts may be entered into only with respect to a qualified person and the government may enter into a
minerals, petroleum and other mineral oils. The grant thereof is mineral agreement as defined herein.
subject to several safeguards, among which are these A quarry permit shall have a term of five (5) years, renewable
requirements: for like periods but not to exceed a total term of twenty-five
(25) years. No quarry permit shall be issued or granted on any
area covered by a mineral agreement or financial or technical
assistance agreement.



the holder thereof shall be given the opportunity to be heard in
Sand and Gravel Permits an investigation conducted for the purpose.
Section 46. Commercial Sand and Gravel Permit.

Any qualified person may be granted a permit by the provincial Surface Rights
governor to extract and remove sand and gravel or other loose
or unconsolidated materials which are used in their natural Section 75. Easement Rights.
state, without undergoing processing from an area of not more When mining areas are so situated that for purposes of more
than five hectares (5 has.) and in such quantities as may be convenient mining operations it is necessary to build,
specified in the permit. construct or install on the mining areas or lands owned,
Section 47. Industrial Sand and Gravel Permit. occupied or leased by other persons, such infrastructure as
Any qualified person may be granted an industrial sand and roads, railroads, mills, waste dump sites, tailings ponds,
gravel permit by the Bureau for the extraction of sand and warehouses, staging or storage areas and port facilities,
gravel and other loose or unconsolidated materials that tramways, runways, airports, electric transmission, telephone
necessitate the use of mechanical processing covering an or telegraph lines, dams and their normal flood and catchment
area of more than five hectares (5 has.) at any one time. The areas, sites for water wells, ditches, canals, new river beds,
permit shall have a term of five (5) years, renewable for a like pipelines, flumes, cuts, shafts, tunnels, or mills, the contractor,
period but not to exceed a total term of twenty-five (25) years. upon payment of just compensation, shall be entitled to enter
and occupy said mining areas or lands.
Section 48. Exclusive Sand and Gravel Permit.
Any qualified person may be granted an exclusive sand and
gravel permit by the provincial governor to quarry and utilize Easement and Entry, nature of
sand and gravel or other loose or unconsolidated materials
from public lands for his own use, provided that there will be Section 76. Entry into Private Lands and Concession Areas.
no commercial disposition thereof.
Subject to prior notification, holders of mining rights shall not
A mineral agreement or a financial technical assistance be prevented from entry into private lands and concession
agreement contractor shall, however, have the right to extract areas by surface owners, occupants, or concessionaires when
and remove sand and gravel and other loose unconsolidated conducting mining operations therein: Provided, That any
materials without need of a permit within the area covered by damage done to the property of the surface owner, occupant,
the mining agreement for the exclusive use in the mining or concessionaire as a consequence of such operations shall
operations: Provided, That monthly reports of the quantity of be properly compensated as may be provided for in the
materials extracted therefrom shall be submitted to the mines implementing rules and regulations: Provided, further, That to
regional office concerned: Provided, further, That said right guarantee such compensation, the person authorized to
shall be coterminous with the expiration of the agreement. conduct mining operation shall, prior thereto, post a bond with
Holders of existing mining leases shall likewise have the same the regional director based on the type of properties, the
rights as that of a contractor: Provided, That said right shall be prevailing prices in and around the area where the mining
coterminous with the expiry dates of the lease. operations are to be conducted, with surety or sureties
satisfactory to the regional director.

Gratuitous Permits
Didipio Earth-Savers Multipurpose Association v Gozun,
(1) Government
supra (39)
Section 49. Government Gratuitous Permit.
Any government entity or instrumentality may be granted a
Determination of compensation, Regular Courts vs Panel
gratuitous permit by the provincial governor to extract sand
of Arbitrators
and gravel, quarry or loose unconsolidated materials needed in
the construction of building and/or infrastructure for public
The question on the judicial determination of just
use or other purposes over an area of not more than two
compensation has been settled in the case of Export
hectares (2 has.) for a period coterminous with said
Processing Zone Authority v. Dulay[50] wherein the court
construction.
declared that the determination of just compensation in
eminent domain cases is a judicial function. Even as the
executive department or the legislature may make the initial
(2) Private determinations, the same cannot prevail over the court’s
findings.
Section 50. Private Gratuitous Permit.
Any owner of land may be granted a private gratuitous permit Implementing Section 76 of Rep. Act No. 7942, Section 105 of
by the provincial governor. DAO 96-40 states that holder(s) of mining right(s) shall not be
prevented from entry into its/their contract/mining areas for
the purpose of exploration, development, and/or utilization.
Cancellation That in cases where surface owners of the lands, occupants or
concessionaires refuse to allow the permit holder or
Section 45. Cancellation of Quarry Permit. contractor entry, the latter shall bring the matter before the
Panel of Arbitrators for proper disposition. Section 106 states
A quarry permit may be cancelled by the provincial governor
that voluntary agreements between the two parties permitting
for violations of the provisions of this Act or its implementing
the mining right holders to enter and use the surface owners
rules and regulations or the terms and conditions of said
lands shall be registered with the Regional Office of the MGB.
permit: Provided, That before the cancellation of such permit,



In connection with Section 106, Section 107 provides that the provided under this Act.
compensation for the damage done to the surface owner, Section 96. Violation of the Terms and Conditions of Permits
occupant or concessionaire as a consequence of mining or Agreements.
operations or as a result of the construction or installation of
the infrastructure shall be properly and justly compensated Violation of the terms and conditions of the permits or
and that such compensation shall be based on the agreement agreements shall be a sufficient ground for cancellation of the
between the holder of mining rights and surface owner, same.
occupant or concessionaire, or where appropriate, in Section 97. Non-Payment of Taxes and Fees.
accordance with Presidential Decree No. 512. In cases where Failure to pay the taxes and fees due the Government for two
there is disagreement to the compensation or where there is (2) consecutive years shall cause the cancellation of the
no agreement, the matter shall be brought before the Panel of exploration permit, mineral agreement, financial or technical
Arbitrators. Section 206 of the implementing rules and assistance agreement and other agreements and the
regulations provides an aggrieved party the remedy to appeal re-opening of the area subject thereof to new applicants.
the decision of the Panel of Arbitrators to the Mines
Section 98. Suspension or Cancellation of Tar Incentives and
Adjudication Board, and the latters decision may be reviewed
Credits.
by the Supreme Court by filing a petition for review on
certiorari.[51] Failure to abide by the terms and conditions of tax incentive
and credits shall cause the suspension or cancellation of said
An examination of the foregoing provisions gives no indication
incentives and credits.
that the courts are excluded from taking cognizance of
expropriation cases under the mining law. The disagreement Section 99. Falsehood or Omission of Facts in the Statement.
referred to in Section 107 does not involve the exercise of All statements made in the exploration permit, mining
eminent domain, rather it contemplates of a situation wherein agreement and financial or technical assistance agreement
the permit holders are allowed by the surface owners entry shall be considered as conditions and essential parts thereof
into the latters lands and disagreement ensues as regarding and any falsehood in said statements or omission of facts
the proper compensation for the allowed entry and use of the therein which may alter, change or affect substantially the
private lands. Noticeably, the provision points to a voluntary facts set forth in said statements may cause the revocation
sale or transaction, but not to an involuntary sale. and termination of the exploration permit, mining agreement
Although Section 105 confers upon the Panel of Arbitrators the and financial or technical assistance agreement
authority to decide cases where surface owners, occupants,
concessionaires refuse permit holders entry, thus,
necessitating involuntary taking, this does not mean that the Panel of Arbitrators
determination of the just compensation by the Panel of
Arbitrators or the Mines Adjudication Board is final and Section 77. Panel of Arbitrators.
conclusive. The determination is only preliminary unless There shall be a panel of arbitrators in the regional office of the
accepted by all parties concerned. There is nothing wrong with Department composed of three (3) members, two (2) of whom
the grant of primary jurisdiction by the Panel of Arbitrators or must be members of the Philippine Bar in good standing and
the Mines Adjudication Board to determine in a preliminary one a licensed mining engineer or a professional in a related
matter the reasonable compensation due the affected field, and duly designated by the Secretary as recommended
landowners or occupants.[52] The original and exclusive by the Mines and Geosciences Bureau Director. Those
jurisdiction of the courts to decide determination of just designated as members of the panel shall serve as such in
compensation remains intact despite the preliminary addition to their work in the Department without receiving any
determination made by the administrative agency. additional compensation As much as practicable, said
members shall come from the different bureaus of the
Department in the region. The presiding officer thereof shall be
Incentives selected by the drawing of lots. His tenure as presiding officer
shall be on a yearly basis. The members of the panel shall
Section 90. Incentives. perform their duties and obligations in hearing and deciding
The contractors in mineral agreements, and financial or cases until their designation is withdrawn or revoked by the
technical assistance agreements shall be entitled to the Secretary. Within thirty (30) working days, after the submission
applicable fiscal and non-fiscal incentives as provided for of the case by the parties for decision, the panel shall have
under Executive Order No. 226, otherwise known as the exclusive and original jurisdiction to hear and decide on the
Omnibus Investments Code of 1987. Provided, That holders of following:
exploration permits may register with the Board of a. Disputes involving rights to mining areas;
Investments and be entitled to the fiscal incentives granted b. Disputes involving mineral agreements or permits;
under the said Code for the duration of the permits or c. Disputes involving surface owners, occupants and
extensions thereof: Provided, further, That mining activities claimholders/concessionaires; and
shall always be included in the investment priorities plan. d. Disputes pending before the Bureau and the
Department at the date of the effectivity of this Act.

Cancellation, Revocation, and Termination of Permits
041 Pearson v IAC, 74454 (1998)
Section 95. Late or Non-filing of Requirements.
The lower court did not have jurisdiction over the mining dispute.
Failure of the permittee or contractor to comply with any of the With the issuance of Presidential Decree Nos. 99-A, 309, and
requirements provided in this Act or in its implementing rules 463,[33] the procedure of adjudicating conflicting mining claims
and regulations, without a valid reason, shall be sufficient has been made completely administrative in character, with the
ground for the suspension of any permit or agreement president as the final appeal authority.



The trend has been to make the adjudication of mining cases a interpretation and the application of that particular knowledge
purely administrative matter.[24] Decisions[25] of the Supreme Court and expertise possessed by members of that Panel. It is not
on mining disputes have recognized a distinction between proper when one of the parties repudiates the existence or
(1) the primary powers granted by pertinent provisions of validity of such contract or agreement on the ground of fraud or
law to the then Secretary of Agriculture and Natural oppression as in this case. The validity of the contract cannot be
Resources (and the bureau directors) of an executive or subject of arbitration proceedings. Allegations of fraud and
administrative nature, such as granting of license, duress in the execution of a contract are matters within the
permits, lease and contracts, or approving, rejecting, jurisdiction of the ordinary courts of law. These questions are
reinstating or canceling applications, or deciding legal in nature and require the application and interpretation of
conflicting applications, and laws and jurisprudence which is necessarily a judicial function.
(2) controversies or disagreements of civil or contractual
nature between litigants which are questions of a 043 Gonzales v Climax Mining, Ltd, 161957 (2007 Resolution)
judicial nature that may be adjudicated only by the
(Reminder: Conflict with Case Title and Citation)
courts of justice. This distinction is carried on even in
Basically upheld the 2005 Decision. Same stuff.
Rep. Act No. 7942.

Appeal from Panel of Arbitrators
042 Gonzales v Climax Mining, Ltd, 161957 (2005)
(Reminder: Conflict with Case Title and Citation) Section 78. Appellate Jurisdiction.
Whether the complaint filed by petitioner raises a mining dispute The decision or order of the panel of arbitrators may be
over which the Panel of Arbitrators has jurisdiction, or a judicial appealed by the party not satisfied thereto to the Mines
question which should properly be brought before the regular Adjudication Board within fifteen (15) days from receipt
courts. thereof which must decide the case within thirty (30) days
Does the Panel of Arbitrators have jurisdiction over the complaint from submission thereof for decision.
for declaration of nullity and/or termination of the subject
contracts on the ground of fraud, oppression and violation of the
Constitution? This issue may be distilled into the more basic Mines Adjudication Board
question of whether the Complaint raises a mining dispute or a
judicial question. Section 79. Mines Adjudication Board.
A judicial question is a question that is proper for The Mines Adjudication Board shall be composed of three (3)
determination by the courts, as opposed to a moot question or members. The Secretary shall be the chairman with the
one properly decided by the executive or legislative branch.[18] A Director of the Mines and Geosciences Bureau and the
judicial question is raised when the determination of the question Undersecretary for Operations of the Department as members
involves the exercise of a judicial function; that is, the question thereof. The Board shall have the following powers and
involves the determination of what the law is and what the legal functions:
rights of the parties are with respect to the matter in a. To promulgate rules and regulations governing the
controversy.[19] hearing and disposition of cases before it, as well as
On the other hand, a mining dispute is a dispute involving those pertaining to its internal functions, and such
(a) rights to mining areas, rules and regulations as may be necessary to carry
(b) mineral agreements, FTAAs, or permits, and out its functions;
b. To administer oaths, summon the parties to a
(c) surface owners, occupants and claimholders/
controversy, issue subpoenas requiring the
concessionaires.[20] attendance and testimony of witnesses or the
Under Republic Act No. 7942 (otherwise known as the Philippine production of such books, papers, contracts, records,
Mining Act of 1995), the Panel of Arbitrators has exclusive and statement of accounts, agreements, and other
original jurisdiction to hear and decide these mining disputes.[21] documents as may be material to a just
The Court of Appeals, in its questioned decision, correctly stated determination of the matter under investigation, and
that the Panel’s jurisdiction is limited only to those mining to testify in any investigation or hearing conducted in
disputes which raise questions of fact or matters requiring the pursuance of this Act;
application of technological knowledge and experience.[22] c. To conduct hearings on all matters within its
It is apparent that the Panel of Arbitrators is bereft of jurisdiction jurisdiction, proceed to hear and determine the
over the Complaint filed by petitioner. The basic issue in disputes in the absence of any party thereto who has
petitioner’s Complaint is the presence of fraud or been summoned or served with notice to appear,
misrepresentation allegedly attendant to the execution of the conduct its proceedings or any part thereof in public
or in private, adjourn its hearings at any time and
Addendum Contract and the other contracts emanating from it,
place, refer technical matters or accounts to an
such that the contracts are rendered invalid and not binding upon
expert and to accept his report as evidence after
the parties. It avers that petitioner was misled by respondents
hearing of the parties upon due notice, direct parties
into agreeing to the Addendum Contract. This constitutes fraud
to be joined in or excluded from the proceedings,
which vitiated petitioner’s consent, and under Article 1390 of the correct, amend, or waive any error, defect or
Civil Code, is one of the grounds for the annulment of a voidable irregularity, whether in substance or in form, give all
contract. Voidable or annullable contracts, before they are set such directions as it may deem necessary or
aside, are existent, valid, and binding, and are effective and expedient in the determination of the dispute before
obligatory between the parties.[28] They can be ratified. it, and dismiss the mining dispute as part thereof,
NB: Arbitration before the Panel of Arbitrators is proper only where it is trivial or where further proceedings by the
when there is a disagreement between the parties as to some Board are not necessary or desirable:
provisions of the contract between them, which needs the i. To hold any person in contempt, directly or



indirectly, and impose appropriate penalties Section 101. False Statements.

therefor; and Any person who knowingly presents any false application,
ii. To enjoin any or all acts involving or arising declaration, or evidence to the Government or publishes or
from any case pending before it which, if not causes to be published any prospectus or other information
restrained forthwith, may cause grave or containing any false statement relating to mines, mining
irreparable damage to any of the parties to operations or mineral agreements, financial or technical
the case or seriously affect social and assistance agreements and permits shall, upon conviction, be
economic stability. penalized by a fine of not exceeding Ten thousand pesos
In any proceeding before the Board, the rules of evidence (P10,000.00).
prevailing in courts of law or equity shall not be controlling and Section 102. Illegal Exploration.
it is the spirit and intention of this Act that shall govern. The
Board shall use every and all reasonable means to ascertain Any person undertaking exploration work without the
the facts in each case speedily and objectively and without necessary exploration permit shall, upon conviction, be
regard to technicalities of law or procedure, all in the interest penalized by a fine of not exceeding Fifty thousand pesos
of due process. In any proceeding before the Board, the parties (P50,000.00).
may be represented by legal counsel. The findings of fact of Section 103. Theft of Minerals.
the Board shall be conclusive and binding on the parties and Any person extracting minerals and disposing the same
its decision or order shall be final and executory. without a mining agreement, lease, permit, license, or steals
A petition for review by certiorari and question of law may be minerals or ores or the products thereof from mines or mills or
filed by the aggrieved party with the Supreme Court within processing plants shall, upon conviction, be imprisoned from
thirty (30) days from receipt of the order or decision of the six (6) months to six (6) years or pay a fine from Ten thousand
Board. pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or
both, at the discretion of the appropriate court. In addition, he
shall be liable to pay damages and compensation for the
Republic v Marcopper, supra (Vol I, 22) minerals removed, extracted, and disposed of. In the case of
associations, partnerships, or corporations, the president and
044 Asaphil Construction v Tuason, 134030 (2006) each of the directors thereof shall be responsible for the acts
As a preliminary matter, it should be stated that MAB decisions committed by such association, corporation, or partnership.
are appealable to the Court of Appeals (CA) under Rule 43 of the Section 104. Destruction of Mining Structures.
Rules of Court.
Any person who willfully destroys or damages structures in or
The allegations in Tuason's complaint do not make out a case for on the mining area or on the mill sites shall, upon conviction,
a mining dispute or controversy within the jurisdiction of the be imprisoned for a period not to exceed five (5) years and
DENR. While the Agreement to Operate Mining Claims is a mining shall, in addition, pay compensation for the damages which
contract, the ground upon which the contract is sought to be may have been caused thereby.
annulled is not due to Asaphil's refusal to abide by the terms and
Section 105. Mines Arson.
conditions of the agreement, but due to Induplex's alleged
violation of the condition imposed by the BOI in its Joint Venture Any person who willfully sets fire to any mineral stockpile,
mine or workings, fittings or a mine, shall be guilty of arson
Agreement with Grefco, Inc.. Also, Tuason sought the nullity of
and shall be punished, upon conviction, by the appropriate
the Contract for Sale and Purchase of Perlite Ore, based on the
court in accordance with the provisions of the Revised Penal
same alleged violation. Obviously, this raises a judicial question,
Code and shall, in addition, pay compensation for the damages
which is proper for determination by the regular courts.[18] A caused hereby.
judicial question is raised when the determination of the question
Section 106. Willful Damage to a Mine.
involves the exercise of a judicial function; that is, the question
involves the determination of what the law is and what the legal Any person who willfully damages a mine, unlawfully causes
rights of the parties are with respect to the matter in water to run into a mine, or obstructs any shaft or passage to a
controversy.[19] mine, or renders useless, damages or destroys any machine,
The DENR is not called upon to exercise its technical knowledge appliance, apparatus, rope, chain, tackle, or any other things
used in a mine, shall be punished, upon conviction, by the
or expertise over any mining operations or dispute; rather, it is
appropriate court, by imprisonment not exceeding a period of
being asked to determine the validity of the agreements based on
five (5) years and shall, in addition, pay compensation for the
circumstances beyond the respective rights of the parties under
damages caused thereby.
the two contracts.
Thus, the DENR Regional Executive Director was correct in Section 107. Illegal Obstruction to Permittees or Contractors.
dismissing the complaint for lack of jurisdiction over Tuason's Any person who, without justifiable cause, prevents or
complaint; consequently, the MAB committed an error in taking obstructs the holder of any permit, agreement or lease from
cognizance of the appeal, and in ruling upon the validity of the undertaking his mining operations shall be punished, upon
contracts. conviction by the appropriate court, by a fine not exceeding
Five thousand pesos (P5,000.00) or imprisonment not
exceeding one (1) year, or both, at the discretion of the court.
045 Carpio v Sulu Resources, 148267 (2002)
Section 108. Violation of the Terms and Conditions of the
While Section 79 of the Philippine Mining Act of 1995 provides Environmental Compliance Certificate.
that petitions for review of MAB decisions are to be brought
Any person who willfully violates or grossly neglects to abide
directly to the Supreme Court, the MAB is a quasi-judicial agency
by the terms and conditions of the environmental compliance
whose decisions should be brought to the CA.
certificate issued to said person and which causes
environmental damage through pollution shall suffer the
penalty of imprisonment of six (6) months to six (6) years or a
Penal Provisions



fine of Fifty thousand pesos (P50,000.00) to Two hundred instrumentalities.
thousand pesos (P200,000.00), or both, at the discretion of the It shall be responsible for the protection, development,
court. management, regeneration, and reforestation of forest lands;
Section 109. Illegal Obstruction to Government Officials. the regulation and supervision of the operation of licensees,
Any person who illegally prevents or obstructs the Secretary, lessees and permittees for the taking or use of forest products
the Director or any of their representatives in the performance therefrom or the occupancy or use thereof; the implementation
of their duties under the provisions of this Act and of the of multiple use and sustained yield management in forest
regulations promulgated hereunder shall be punished upon lands; the protection, development and preservation of
conviction, by the appropriate court, by a fine not exceeding national parks, marine parks, game refuges and wildlife; the
Five thousand pesos (P5,000.00) or by imprisonment not implementation of measures and programs to prevent kaingin
exceeding one (1) year, or both, at the discretion of the court. and managed occupancy of forest and grazing lands; in
collaboration with other bureaus, the effective, efficient and
Section 110. Other Violations.
economic classification of lands of the public domain; and the
Any other violation of this Act and its implementing rules and enforcement of forestry, reforestation, parks, game and wildlife
regulations shall constitute an offense punishable with a fine laws, rules, and regulations.
not exceeding Five thousand pesos (P5,000.00). The Bureau shall regulate the establishment and operation of
Section 111. Fines. sawmills, veneer and plywood mills and other wood
The Secretary is authorized to charge fines for late or processing plants and conduct studies of domestic and world
non-submission of reports in accordance with the markets of forest products.
implementing rules and regulations of this Act.

046 Ysmael v Deputy Executive Secretary, 79538 (1990)
PD 705, Revised Forestry Code of the Philippines It is an established doctrine in this jurisdiction that the decisions
Approved May 19, 1975 and orders of administrative agencies have upon their finality, the
force and binding effect of a final judgment within the purview of
Implementing Agency the doctrine of res judicata. These decisions and orders are as
conclusive upon the rights of the affected parties as though the
Title XIV, Book IV, EO 292 s 1987 same had been rendered by a court of general jurisdiction. The
SECTION 1. Declaration of Policy. — (1) The State shall ensure, rule of res iudicata thus forbids the reopening of a matter once
for the benefit of the Filipino people, the full exploration and determined by competent authority acting within their exclusive
development as well as the judicious disposition, utilization, jurisdiction.
management, renewal and conservation of the country's In the case at bar, petitioner's letters to the Office of the President
forest, mineral, land, waters, fisheries, wildlife, offshore areas and the MNR [now the Department of Environment and Natural
and other natural resources, consistent with the necessity of Resources (DENR)] dated March 17, 1986 and April 2, 1986,
maintaining a sound ecological balance and protecting and respectively, sought the reconsideration of a memorandum order
enhancing the quality of the environment and the objective of
issued by the Bureau of Forest Development which cancelled its
making the exploration, development and utilization of such
timber license agreement in 1983, as well as the revocation of
natural resources equitably accessible to the different
TLA No. 356 subsequently issued by the Bureau to private
segments of the present as well as future generations.
respondents in 1984.
(2) The State shall likewise recognize and apply a true value But as gleaned from the record, petitioner did not avail of its
system that takes into account social and environmental cost remedies under the law, i.e. Section 8 of Pres. Dec. No. 705 as
implications relative to the utilization, development and
amended, for attacking the validity of these administrative
conservation of our natural resources.
actions until after 1986. By the time petitioner sent its letter
SECTION 2. Mandate. — (1) The Department of Environment dated April 2, 1986 to the newly appointed Minister of the MNR,
and Natural Resources shall be primarily responsible for the requesting reconsideration of the above Bureau actions, these
implementation of the foregoing policy. were already settled matters as far as petitioner was concerned .
(2) It shall, subject to law and higher authority, be in charge of
carrying out the State's constitutional mandate to control and
047 Ruzol v Sandiganbayan, 186739-960 (2013)
supervise the exploration, development, utilization, and
conservation of the country's natural resources. The critical issue having a determinative bearing on the guilt or
innocence of Ruzol for usurpation revolves around the validity of
Organization of the Forest Management Bureau
the subject permits to transport, which in turn resolves itself into
Section 4. Creation of, and merger of all forestry agencies the question of whether the authority to monitor and regulate the
into, the Bureau of Forest Development. For the purpose of transportation of salvaged forest product is solely with the DENR,
implementing the provisions of this Code, the Bureau of
and no one else.
Forestry, the Reforestation Administration, the Southern Cebu
The LGU also has, under the LGC of 1991, ample authority to
Reforestation Development Project, and the Parks and Wildlife
promulgate rules, regulations and ordinances to monitor and
Office, including applicable appropriations, records, equipment,
property and such personnel as may be necessary, are hereby regulate salvaged forest products, provided that the parameters
merged into a single agency to be known as the Bureau of set forth by law for their enactment have been faithfully complied
Forest Development, hereinafter referred to as the Bureau. with.
While the DENR is, indeed, the primary government
Section 5. Jurisdiction of Bureau. The Bureau shall have
instrumentality charged with the mandate of promulgating rules
jurisdiction and authority over all forest land, grazing lands,
and regulations for the protection of the environment and
and all forest reservations including watershed reservations
presently administered by other government agencies or conservation of natural resources, it is not the only government
instrumentality clothed with such authority.



The claim of DENR’s supposedly exclusive mandate is easily ● Public forest is the mass of lands of the public domain
negated by the principle of local autonomy enshrined in the 1987 which has not been subject to the present system of
Constitution[16] in relation to the general welfare clause under Sec. classification for the determination of which lands are
16 of the LGC of 1991. needed for forest purposes and which are not.
There is a clear merit to the view that the monitoring and ● Permanent forest or forest reserves refers to those
regulation of salvaged forest products through the issuance of lands of the public domain which have been the subject
appropriate permits is a shared responsibility which may be done of the present system of classification and declared as
not needed for forest purposes.
either by DENR or by the LGUs or by both. DAO 1992-30, in fact,
● Forest lands includes the public forest, the permanent
says as much, thus: the “LGUs shall share with the national
forest or forest reserves, and forest reservations.
government, particularly the DENR, the responsibility in the
● Forest reservations refer to forest lands which have
sustainable management and development of the environment
been reserved by the President of the Philippines for any
and natural resources within their territorial jurisdiction.”[20] The specific purpose or purposes.
significant role of the LGUs in environment protection is further

echoed in Joint Memorandum Circular No. 98-01(JMC 1998-01)
or the Manual of Procedures for DENR-DILG-LGU Partnership on Legal status of forest and forest lands
Devolved and other Forest Management Functions, which was Republic v Naguiat, supra (Vol I, 29)
promulgated jointly by the DILG and the DENR in 1998.

Before an area may be considered a communal forest, the
following requirements must be accomplished: 049 Yngson v Secretary of Agriculture, L-36847 (1983)
(1) an identification of potential communal forest areas It is elementary in the law governing the disposition of lands of
within the geographic jurisdiction of the concerned the public domain that until timber or forest lands are released as
city/municipality; disposable and alienable neither the Bureau of Lands nor the
(2) a forest land use plan which shall indicate, among other Bureau of Fisheries has authority to lease, grant, sell, or
things, the site and location of the communal forests; otherwise dispose of these lands for homesteads, sales patents,
(3) a request to the DENR Secretary through a resolution leases for grazing or other purposes, fishpond leases, and other
passed by the Sangguniang Bayan concerned; and modes of utilization.
(4) an administrative order issued by DENR Secretary The Bureau of Fisheries has no jurisdiction to administer and
declaring the identified area as a communal forest. dispose of swamplands or mangrove lands forming part of the
In the present case, the records are bereft of any showing that public domain while such lands are still classified as forest land
these requirements were complied with. Thus, in the absence of or timberland and not released for fishery or other purposes.
an established communal forest within the Municipality of
General Nakar, there was no way that the subject permits to 050 Republic v CA and Carantes, 56948 (1987)
transport were issued as an incident to the management and
Whether or not the land in question is part of the public forest
control of a communal forest.
within the Central Cordillera Forest Reserve.
This is not to say, however, that compliance with abovementioned
We find the petition to be meritorious. It is already a settled rule
statutory requirements for the issuance of permits to transport
that forest lands or forest reserves are not capable of private
foregoes the necessity of obtaining the Wood Recovery Permit
appropriation and possession thereof, however long, cannot
from the DENR. As earlier discussed, the permits to transport
convert them into private property unless such lands are
may be issued to complement, and not substitute, the Wood
reclassified and considered disposable and alienable by the
Recovery Permit, and may be used only as an additional measure
Director of Forestry, but even then, possession of the land by the
in the regulation of salvaged forest products. To elucidate, a
applicants prior to the reclassification of the land as disposable
person seeking to transport salvaged forest products still has to
and alienable cannot be credited as part of the thirty-year
acquire a Wood Recovery Permit from the DENR as a
requirement under Section 48 (b) of the Public Land Act. In this
prerequisite before obtaining the corresponding permit to
case, there is no showing of reclassification by the Director of
transport issued by the LGU.
Forestry that the land in question is disposable or alienable. This

is a matter which cannot be assumed. It calls for proof.
048 Aquino v Municipality of Malay, Aklan, 211356 (2014)
Based on law and jurisprudence, the office of the mayor has 051 Republic v CA and Bernabe, L-40402 (1987)
quasi-judicial powers to order the closing and demolition of
As pointed out by petitioner, the question is whether or not the
establishments. This power granted by the LGC, as earlier
lots claimed by respondents could legally be the subject of a
explained, We believe, is not the same power devolved in favor of
judicial confirmation of title under the aforequoted provisions of
the LGU under Sec. 17 (b)(2)(ii), as above-quoted, which is
the Public Land Act, as amended.
subject to review by the DENR. The fact that the building to be
The answer is in the negative.
demolished is located within a forestland under the
Section 48(b) of C.A. No. 141, as amended, applies exclusively to
administration of the DENR is of no moment, for what is involved
public agricultural land. Forest lands or areas covered with
herein, strictly speaking, is not an issue on environmental
forests are excluded. They are incapable of registration and their
protection, conservation of natural resources, and the
inclusion in a title, whether such title be one issued during the
maintenance of ecological balance, but the legality or illegality of
Spanish sovereignty or under the present Torrens system of
the structure. Rather than treating this as an environmental issue
registration, nullifies the title. Thus, possession of forest lands,
then, focus should not be diverted from the root cause of this
however long, cannot ripen into private ownership. A parcel of
debacle––compliance.
forest land is within the exclusive jurisdiction of the Bureau of

Forestry and beyond the power and jurisdiction of the cadastral
court to register under the Torrens System.
Classification



In the public interest and in accordance with Section 21 hereof,
Conversion from forest land to alienable and disposable the Department Head shall review all existing annual allowable
(1) Restrictions cut and thereupon shall prescribe the level of annual allowable
(2) Effect of IPRA Law on forests and forest lands within cut for the common dipterocarp timber, softwood and
Ancestral Lands and Domains hardwood timber cutting of which is not prohibited, pulpwood,
firewood and other forest products using as bases the factors
as well as the updated aerial photographs and field inventories
Utilization of Timber of such forest land: Provided, That pending the completion of
such review and appropriate amendment of the annual
(1) Licensing requirements and scope under Sec 20, in
allowable cut in existing license agreement, license, lease or
relation to Secs 19, 26 & 28, par 2 of PD 705
permit, existing annual allowable cut that not sufficiently
(a) Rule of utilization in forest lands
supports wood or forest products processing plant or that will
(b) Rule of utilization in other classes of lands and
support duly approved processing expansion program or new
of wood-processing plants
processing projects may be allowed to continue without
Section 20. License agreement, license, lease or permit . — change: Provided, further, That no additional or adjustment in
No person may utilize, exploit, occupy, possess or conduct any annual allowable cut shall be made until after such a review
activity within any forest and grazing land, or establish, install, has been made. (Amending P.D. No. 705 (Revised Forestry
add and operate any wood or forest products processing plant, Code of the Philippines), Presidential Decree No. 1559, [June
unless he had been authorized to do under a license 11, 1978])
agreement, license, lease or permit: Provided, That when the Section 28. Size of forest concessions. Forest lands shall not
national interest so requires, the President may amend, modify, be held in perpetuity.
replace, or rescind any contract, concession, permit, license, or The size of the forest lands which may be the subject of timber
any other form of privilege granted herein: Provided, further, utilization shall be limited to that which a person may
That upon the recommendation of the appropriate government effectively utilize and develop for a period of fifty (50) years,
agency, the President may, pending the conduct of appropriate considering the cutting cycle, the past performance of the
hearing, order the summary suspension of any such contract, applicant and his capacity not only to utilize but, more
concession, license, permit, lease or privilege granted under importantly, to protect and manage the whole area, and the
this decree for violation of any of the condition therein such as requirements of processing plants existing or to be installed in
those pertaining but not limited to reforestation, pollution, the region.
environmental protection, export limitation or such condition
as are prescribed by the Minister of Natural Resources in daily Forest concessions which had been the subject of
issued regulations.(Amending P.D. No. 705 (Revised Forestry consolidations shall be reviewed and re-evaluated for the
Code of the Philippines), Presidential Decree No. 1559, [June effective implementation of protection, reforestation and
11, 1978]) management thereof under the multiple use and sustained
yield concepts, and for the processing locally of the timber
Section 19. Multiple use. — The numerous beneficial uses of resources therefrom.
the timber, land, soil, water, wildlife, grass and recreation or
aesthetic value of forest lands and grazing lands shall be
evaluated and weighted before allowing their utilization,
(2) Nature of License
exploitation, occupation or possession thereof, or the conduct
(a) Conditions and limitations
of any activity therein.
(b) Visitorial powers of DENR regarding
Only the utilization, exploitation, occupation or possession of operations pertaining to the license
any forest lands and grazing lands, or any activity therein,
involving one or more of its resources, which will produce the Section 44. Visitorial power. The Department Head may, by
optimum benefits to the development and progress of the himself or thru the Director or any qualified person duly
country and the public welfare, without impairment or with the designated by the Department Head, investigate, inspect and
least injury to its resources, shall be allowed. examine records, books and other documents relating to the
All forest reservations may be open to development or uses operation of any holder of a license agreement, license, lease,
not inconsistent with the principal objectives of the or permit, and its subsidiary or affiliated companies, to
reservation: Provided, That critical watersheds, national parks determine compliance with the terms and conditions thereof,
and established experimental forests shall not be subject to this Code and pertinent laws, policies, rules and regulations.
commercial logging or grazing operations, and game refuges,

bird sanctuaries, marine and seashore parks shall not be
subject to hunting or fishing and other activities of commercial
nature. (Amending P.D. No. 705 (Revised Forestry Code of the 052 Tan v Director of Forestry, L-24548 (1983)
Philippines), Presidential Decree No. 1559, [June 11, 1978])
As provided in the aforecited provision, timber licenses are
Section 26. Annual allowable cut. — The annual allowable cut subject to the authority of the Director of Forestry. The utilization
or harvest of any particular forest land under a license and disposition of forest resources is directly under the control
agreement, license, lease or permit shall be determined on the and supervision of the Director of Forestry. However, "while
basis of the size of the area, the volume and kind of Section 1831 of the Revised Administrative Code provides that
harvestable timber or forest products and healthy residuals,
forest products shall be cut, gathered and removed from any
seed trees and reproduction found therein, and the established
forest only upon license from the Director of Forestry, it is no less
cutting cycle and rotation thereof.
true that as a subordinate officer, the Director of Forestry is
No person shall cut, harvest and gather any particular timber, subject to the control of the Department Head or the Secretary of
pulpwood, firewood and other forest products unless he has Agriculture and Natural Resources (Sec. 79[c], Rev. Adm. Code),
been authorized under Section 20 hereof to do so and the
who, therefore, may impose reasonable regulations in the
particular annual allowable cut thereof has been granted.
exercise of the powers of the subordinate officer". The power of



control of the Department Head over bureaus and offices

Section 43. Swamplands and mangrove forests. Strips of
includes the power to modify, reverse or set aside acts of
mangrove forest bordering numerous islands which protect
subordinate officials. Accordingly, respondent-appellee Secretary the shoreline, the shoreline roads, and even coastal
of Agriculture and Natural Resources has the authority to revoke, communities from the destructive force of the sea during high
on valid grounds, timber licenses issued by the Director of winds and typhoons, shall be maintained and shall not be
Forestry. There being supporting evidence, the revocation of alienated. Such strips must be kept from artificial obstruction
petitioner-appellant's timber license was a wise exercise of the so that flood water will flow unimpeded to the sea to avoid
power of the respondent-appellee (Secretary of Agriculture and flooding or inundation of cultivated areas in the upstream.
Natural Resources) and therefore, valid. All mangrove swamps set aside for coast-protection purposes
shall not be subject to clear-cutting operation.
Ysmael v Deputy Executive Secretary, supra Mangrove and other swamps released to the Bureau of
Fisheries and Aquatic Resources for fishpond purposes which
are not utilized, or which have been abandoned for five (5)
(3) Reforesting requirements under Sec 27 and 33
years from the date of such release shall revert to the category
Section 27. Duration of license agreement or license to of forest land.
harvest timber in forest lands. The duration of the privilege to

harvest timber in any particular forest land under a license
agreement or license shall be fixed and determined in (5) Wildlife taking
accordance with the annual allowable cut therein, the (a) Sec 55, PD 705
established cutting cycle thereof, the yield capacity of
harvestable timber, and the capacity of healthy residuals for a Section 55. Wildlife. — All measures shall be adopted to
second growth. conserve wildlife. The Director shall regulate the hunting of
wildlife in forest lands in order to maintain an ecological
The privilege shall automatically terminate, even before the
balance of flora and fauna. (Amending P.D. No. 705 (Revised
expiration of the license agreement of license, the moment the
Forestry Code of the Philippines), Presidential Decree No.
harvestable timber have been utilized without leaving any
1559, [June 11, 1978])
logged-over area capable of commercial utilization.
The maximum period of any privilege to harvest timber is
twenty-five (25) years, renewable for a period, not exceeding (b) Sec 7, RA 9147
twenty-five (25) years, necessary to utilize all the remaining
commercial quantity or harvestable timber either from the SECTION 7. Collection of Wildlife. — Collection of wildlife may
unlogged or logged-over area. be allowed in accordance with Section 6 of this Act: Provided,
It shall be a condition for the continued privilege to harvest That in the collection of wildlife, appropriate and acceptable
timber under any license or license agreement that the wildlife collection techniques with least or no detrimental
licensee shall reforest all the areas which shall be determined effects to the existing wildlife populations and their habitats
by the Bureau. shall, likewise, be required: Provided, further, That collection of
wildlife by indigenous people may be allowed for traditional
Section 33. Lands to be reforested and/or afforested. —
use and not primarily for trade: Provided, furthermore, That
Lands to be reforested and/or afforested are as follows:
collection and utilization for said purpose shall not cover
1. Public forest lands. — threatened species: Provided, finally, That Section 23 of this
a) Bare or grass-covered tracts of forest lands; Act shall govern the collection of threatened species.
b) Brushlands or tracts of forest lands
generally covered with brush, which need to
be developed to increase their productivity; (6) Criminal offenses and penalties
c) Open tracts of forest lands interspersed with
patches of forest; Section 77 (68). Cutting, Gathering and/or collecting Timber
d) Denuded or inadequately timbered areas or Other Forest Products Without License. — Any person who
proclaimed by the President as forest shall cut, gather, collect, remove timber or other forest
reserves and reservations as critical products from any forest land, or timber from alienable or
watersheds, national parks, game refuge, disposable public land, or from private land, without any
bird sanctuaries, national shrines, national authority, or possess timber or other forest products without
historic sites; the legal documents as required under existing forest laws and
e) Inadequately-stock forest lands within forest regulations, shall be punished with the penalties imposed
concessions; under Articles 309 and 310 of the Revised Penal Code:
f) Portions of areas covered by pasture leases Provided, That in the case of partnerships, associations, or
or permits needing immediate reforestation; corporations, the officers who ordered the cutting, gathering,
g) River banks, easements, road right-of-ways, collection or possession shall be liable, and if such officers are
deltas, swamps, former river beds, and aliens, they shall, in addition to the penalty, be deported
beaches. without further proceedings on the part of the Commission on
2. Private Lands. — Immigration and Deportation.
a) Portions of private lands required to be
The court shall further order the confiscation in favor of the
reforested or planted to trees pursuant to government of the timber or any forest products cut, gathered,
Presidential Decree Nos. 953 and 1153 and
collected, removed, or possessed, as well as the machinery,
other existing laws. equipment, implements and tools illegally used in the area
where the timber or forest products are found. (Amending

Section 68 of P.D. No. 705 As Amended (Forestry Code of the
(4) Special rules on swamplands and mangrove forests Philippines), Executive Order No. 277, [July 25, 1987])



Section 78 (69). Unlawful occupation or destruction of forest the area requires rehabilitation or restoration as determined by
lands and grazing lands. — Any person who enters and the Director, the offender shall also be required to restore or
occupies or possesses, or makes kaingin for his own private compensate or the restoration of the damage: Provided,
use or for others, any forest land or grazing land without further, That any person who, without proper permit shall hunt,
authority under a license agreement, lease, license or permit, capture or kill any kind of bird, fish or wild animal life within the
or in any manner destroys such forest land or grazing land or area in the national parks system shall be subject to the same
part thereof, or causes any damage to the timber stand and penalty: Provided, finally, That the Court shall order eviction of
other products and forest growth found therein, or who the offender from the land and the forfeiture in favor of the
assists, aids or abets any other person to do so, or sets a fire, government of all timber or any species or vegetation and
or negligently permits a fire to be set in any forest land or other natural resources collected or removed, and any
grazing land, or refuses to vacate the area when ordered to do construction or improvement made thereon by the offender. If
so, pursuant to the provisions of Section 53 hereof shall, upon the offender is an association or corporation, the president or
conviction, be fined in an amount of not less than five hundred manager shall be directly responsible and liable for the act of
pesos (P500.00), nor more than twenty thousand pesos his employees or laborers.
(P20,000.00) and imprisoned for not less than six (6) months In the event that an official or employee of a city or municipal
nor more than two (2) years for each such offense, and be government is primarily responsible for detecting and
liable to the payment to ten (10) times the rental fees and convicting the violator of the provisions of this section, fifty per
other charges which would have accrued had the occupation centum (50%) of the fine collected shall accrue to such
and use of the land been authorized under a license municipality or city for the development of local parks.
agreement, lease, license or permit: Provided, That in the case (Amending P.D. No. 705 (Revised Forestry Code of the
of an offender found guilty of making kaingin, the penalty shall Philippines), Presidential Decree No. 1559, [June 11, 1978])
be imprisonment for not less than two (2) nor more than four
(4) years and a fine equal to eight (8) times the regular forest Section 81 (72). Destruction of wildlife resources. Any person
violating the provisions of Section 55 of this Code, or the
charges due on the forest products destroyed, without
prejudice to the payment of the full cost of production of the regulations promulgated thereunder, shall be fined not less
occupied area as determined by the Bureau: Provided, further, than one hundred (P100.00) pesos for each such violation and
That the maximum of the penalty prescribed herein shall be in addition shall be denied a permit for a period of three (3)
imposed upon the offender who repeats the same offense and years from the date of the violation.
double the maximum of the penalty upon the offender who Section 82 (73). Survey by unauthorized person.
commits the same offense for the third time. Imprisonment for not less than two (2) nor more than four (4)
In all cases the Court shall further order the eviction of the years, in addition to the confiscation of the implements used in
offender from the land and the forfeiture to the government of the violation of this section including the cancellation of the
license, if any, shall be imposed upon any person who shall,
all improvements made and all vehicles, domestic animals and
equipment of any kind used in the commission of the offense. without permit to survey from the Director, enter any forest
lands, whether covered by a license agreement, lease, license,
If not suitable for use by the Bureau, said vehicles, domestic
animals, equipment and improvements shall be sold at public or permit, or not, and conduct or undertake a survey for
whatever purpose.
auction, the proceeds of which shall accrue to the
Development Fund of the Bureau. Section 83 (74). Misclassification and survey by government
In case the offender is a government official or employee, he official or employee. Any public officer or employee who
shall, in addition to the above penalties be deemed knowingly surveys, classifies, or recommends the release of
automatically dismissed from office and permanently forest lands as alienable and disposable lands contrary to the
disqualified from holding any elective or appointive position. criteria and standards established in this Code, or the rules
(Amending P.D. No. 705 (Revised Forestry Code of the and regulations promulgated hereunder, shall, after an
Philippines), Presidential Decree No. 1559, [June 11, 1978]) appropriate administrative proceeding, be dismissed from the
service with prejudice to re-employment, and upon conviction
Section 79 (70). Pasturing Livestock. Imprisonment for not by a court of competent jurisdiction, suffer an imprisonment of
less than six (6) months nor more than two (2) years and a fine not less than one (1) year and a fine of not less than one
equal to ten (10) times the regular rentals due, in addition to thousand, (P1,000.00) pesos. The survey, classification or
the confiscation of such livestock and all improvement release of forest lands shall be null and void.
introduced in the area in favor of the government, shall be
imposed upon any person, who shall, without authority under a Section 84 (75). Tax declaration on real property.
lease or permit, graze or cause to graze livestock in forest Imprisonment for a period of not less than two (2) nor more
lands, grazing lands and alienable and disposable lands which than four (4) years and perpetual disqualification from holding
have not as yet been disposed of in accordance with the Public an elective or appointive office, shall be imposed upon any
Land Act; Provided, That in case the offender is a corporation, public officer or employee who shall issue a tax declaration on
partnership or association, the officers and directors thereof real property without a certification from the Director of Forest
shall be liable. Development and the Director of Lands or their duly
designated representatives that the area declared for taxation
Section 80 (71). Illegal occupation of national parks system is alienable and disposable lands, unless the property is titled
and recreation areas and vandalism therein. — Any person or has been occupied and possessed by members of the
who, shall, without permit, occupy for any length of time any national cultural minorities prior to July 4, 1955.
portion of the national parks system or shall, in any manner
Section 85 (76). Coercion and influence. — Any person who
cut, destroy, damage or remove timber or any species of
vegetation or forest cover and other natural resources found coerces, influences, abets or persuades the public officer or
therein, or shall mutilate, deface or destroy objects of natural employee referred to in Sections 74 and 75 commit any of the
beauty or of scenic value within areas in the national parks acts mentioned therein shall suffer imprisonment of not less
system, shall be fined not less than five hundred (P500.00) than one (1) year and pay a fine of five hundred (P500.00)
pesos or more than twenty thousand (P20,000.00) pesos pesos for every hectare or a fraction thereof so improperly
exclusive of the value of the thing damaged: Provided, That if surveyed, classified or released.



In all other cases, any person who coerces, influences, abets or A duly accredited representative of the Bureau shall certify to
persuades the public officer or employee by using power and the compliance by the licensees with grading rules.
influence in deciding any pending case or matter in his favor Every dealer in lumber and other building material covered by
shall be punished by a fine of not more than five thousand this Code shall issue an invoice for each sale of such material
pesos (P5,000.00) and imprisonment of not less than one (1) and such invoice shall state that the kind, standard and size of
year. (Amending P.D. No. 705 (Revised Forestry Code of the material sold to each purchaser in exactly the same as
Philippines), Presidential Decree No. 1559, [June 11, 1978]) described in the invoice. Any violation of this Section shall be
Section 86 (77). Unlawful possession of implements and sufficient ground for the suspension of the dealer's license for
devices used by forest officers. Imprisonment for a period of a period of not less than two (2) years and, in addition thereto,
not less than (2) nor more than four (4) years and a fine of not the dealer shall be punished for each such offense by a fine of
less than one thousand pesos (P1,000.00), nor more than ten not less than two hundred pesos (P200.00) or the total value
thousand (P10,000.00) pesos in addition to the confiscation of of the invoice, whichever is greater.
such implements and devices, and the automatic cancellation
of the license agreement, lease, license or permit, if the
offender is a holder thereof, shall be imposed upon any person

who shall, without authority from the Director or his authorized III. Rules of Procedure for Environmental

representative, make, manufacture, or has in his possession
any government marking, hatchet or other marking implement,
Cases
or any marker, poster, or other devices officially used by AM No 09-6-8-SC ⇒
officers of the Bureau for the marking or identification of
timber or other products, or any duplicate, counterfeit, or 1. Scope and Application
imitation thereof, or make or apply a government mark on
timber or any other forest products by means of any authentic Environmental protection order (EPO) refers to an order
or counterfeit device, or alter, deface, or remove government issued by the court directing or enjoining any person or
marks or signs, from trees, logs, stumps, firewoods or other government agency to perform or desist from performing an act
forest products, or destroy, deface, remove or disfigure any in order to protect, preserve or rehabilitate the environment.
such mark, sign, poster or warning notices set by the Bureau to
designate the boundaries of cutting areas, municipal or city
Section 2. Scope. — These Rules shall govern the procedure in
forest or pasture, classified timber land, forest reserve, and
civil, criminal and special civil actions before the Regional Trial
areas under the national park system or to make any false
Courts, Metropolitan Trial Courts, Municipal Trial Courts in
mark or imitation of any mark or sign herein indicated;
Cities, Municipal Trial Courts and Municipal Circuit Trial Courts
Provided, That if the offender is a corporation, partnership or
involving enforcement or violations of environmental and other
association, the officers and directors thereof shall be liable.
related laws, rules and regulations such as but not limited to
Section 87 (78). Payment, collection and remittance of forest the following:
charges. Any person who fails to pay the amount due and
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli,
payable under the provisions of this Code, the National Internal
and Molave Trees;
Revenue Code, or the rules and regulations promulgated
thereunder, shall be liable to the payment of a surcharge of (b) P.D. No. 705, Revised Forestry Code;
twenty-five per centum (25%) of the amount due and payable. (c) P.D. No. 856, Sanitation Code;
Any person who fails or refuses to remit to the proper (d) P.D. No. 979, Marine Pollution Decree;
authorities said forest charges collectible pursuant to the (e) P.D. No. 1067, Water Code;
provisions of this Code or the National Internal Revenue Code,
or who delays, obstructs or prevents the same, or who orders, (f) P.D. No. 1151, Philippine Environmental Policy of 1977;
causes or effects the transfer or diversion of the funds for (g) P.D. No. 1433, Plant Quarantine Law of 1978;
purposes other than those specified in this Code, for each (h) P.D. No. 1586, Establishing an Environmental Impact
such offense shall, upon conviction, be punished by a fine of Statement System Including Other Environmental
not exceeding one hundred thousand pesos (P100,000.00) Management Related Measures and for Other Purposes;
and/or imprisonment for a period of not exceeding six (6)
years in the discretion of the Court. If the offender is a (i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or
Injuring of Planted or Growing Trees, Flowering Plants and
government official or employee, he shall, in addition, be
dismissed from the service with prejudice to reinstatement Shrubs or Plants of Scenic Value along Public Roads, in
Plazas, Parks, School Premises or in any Other Public Ground;
and with disqualification from holding any elective or
appointive office. (j) R.A. No. 4850, Laguna Lake Development Authority Act;
If the offender is a corporation, partnership or association, the (k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
officers and directors thereof shall be liable. (l) R.A. No. 7076, People’s Small-Scale Mining Act;
Section 88 (79). Sale of wood products. No person shall sell (m) R.A. No. 7586, National Integrated Protected Areas System
or offer for sale any log, lumber, plywood or other Act including all laws, decrees, orders, proclamations and
manufactured wood products in the international or domestic issuances establishing protected areas;
market unless he complies with grading rules and established
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan
or to be established by the Government.
Act;
Failure to adhere to the established grading rules and
(o) R.A. No. 7942, Philippine Mining Act;
standards, or any act of falsification of the volume of logs,
lumber, or other forest products shall be a sufficient cause for (p) R.A. No. 8371, Indigenous Peoples Rights Act;
the suspension of the export, sawmill, or other license or (q) R.A. No. 8550, Philippine Fisheries Code;
permit authorizing the manufacture or sale of such products
(r) R.A. No. 8749, Clean Air Act;
for a period of not less than two (2) years.



(3) the actual or threatened violation involves or will lead to

(s) R.A. No. 9003, Ecological Solid Waste Management Act;
an environmental damage of such magnitude as to
(t) R.A. No. 9072, National Caves and Cave Resource prejudice the life, health or property of inhabitants in two
Management Act; or more cities or provinces
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act; ii. Citizen Suits under Rule 2, Secs 4 and 5
(w) R.A. No. 9275, Clean Water Act; Section 4. Who may file. — Any real party in interest, including
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and the government and juridical entities authorized by law, may
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. file a civil action involving the enforcement or violation of any
6657, Comprehensive Agrarian Reform Law of 1988; R.A. No. environmental law.
7160, Local Government Code of 1991; R.A. No. 7161, Tax Section 5. Citizen suit. — Any Filipino citizen in representation
Laws Incorporated in the Revised Forestry Code and Other of others, including minors or generations yet unborn, may file
Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed an action to enforce rights or obligations under environmental
Industry Development Act of 1992; R.A. No. 7900, High-Value laws. Upon the filing of a citizen suit, the court shall issue an
Crops Development; order which shall contain a brief description of the cause of
Rules of Procedure for Environmental Cases Act; R.A. No. action and the reliefs prayed for, requiring all interested parties
8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and to manifest their interest to intervene in the case within fifteen
Fisheries Modernization Act of 1997; R.A. No. 9522, The (15) days from notice thereof. The plaintiff may publish the
Philippine Archipelagic Baselines Law; R.A. No. 9593, order once in a newspaper of a general circulation in the
Renewable Energy Act of 2008; R.A. No. 9637, Philippine Philippines or furnish all affected barangays copies of said
Biofuels Act; and other existing laws that relate to the order.
conservation, development, preservation, protection and Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall
utilization of the environment and natural resources. be governed by their respective provisions.

a. Effect on the jurisdiction and procedure before the PAB Oposa v Factoran, supra (Vol I, 14)
2. Civil Procedure
a. Legal Standing and Citizen Suits 055 International Service for the Acquisition of Agri-Biotech
i. Nature and Content of Citizen Suits Applications v Greenpeace SEA Phils, 209271 (2015)
specifically under the Clean Air Act and Solid ISSUE
Waste Management Act
1. Distinguished from the Writ of 1. Legal standing of respondents;
Kalikasan
2. Violation of the doctrines of primary jurisdiction and
054 Osmena v Garganera, 231164 (2018) exhaustion of administrative remedies;
ISSUE
HELD
For resolution of the Court are the following issues:
1. The liberalized rule on standing is now enshrined in the
1) whether the 30-day prior notice requirement for citizen
Rules of Procedure for Environmental Cases which
suits under R.A. 9003 and R.A. 8749 is needed prior to
allows the filing of a citizen suit in environmental
the filing of the instant petition;
cases.[44] The provision on citizen suits in the Rules
2) whether the CA correctly ruled that the requirements for
"collapses the traditional rule on personal and direct
the grant of the privilege of the writ of kalikasan were
interest, on the principle that humans are stewards of
sufficiently established.
nature," and aims to "further encourage the protection of
HELD
the environment."[45] There is therefore no dispute on the
Here, the present petition for writ of kalikasan under the RPEC is
standing of respondents to file before this Court their
a separate and distinct action from R.A. 9003 and R.A. 8749. A
petition for writ of kalikasan and writ of continuing
writ of kalikasan is an extraordinary remedy covering
mandamus.
environmental damage of such magnitude that will prejudice the
2. the provisions of DAO 08-2002 do not provide a speedy,
life, health or property of inhabitants in two or more cities or
or adequate remedy for the respondents "to determine
provinces.[31] It is designed for a narrow but special purpose: to
the questions of unique national and local importance
accord a stronger protection for environmental rights, aiming,
raised here that pertain to laws and rules for
among others, to provide a speedy and effective resolution of a
environmental protection, thus [they were] justified in
case involving the violation of one's constitutional right to a
coming to this Court."[50] We take judicial notice of the
healthful and balanced ecology that transcends political and
fact that genetically modified food is an intensely
territorial boundaries, and to address the potentially exponential
debated global issue, and despite the entry of GMO
nature of large-scale ecological threats.
crops (Bt corn) into the Philippines in the last decade, it
Under Section 1 of Rule 7 of the RPEC, the following requisites
is only now that such controversy involving alleged
must be present to avail of this extraordinary remedy:
damage or threat to human health and the environment
(1) there is an actual or threatened violation of the
from GMOs has reached the courts.
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 employee, 056 Resident Marine Mammals v Reyes, 180771 (2015)
or private individual or entity; and ISSUE



thereof or to submit the case to any of the alternative

Procedural Issue: Locus Standi of the Resident Marine Mammals
modes of dispute resolution;
and Stewards.
(b) A summary of admitted facts and proposed
stipulation of facts;
HELD (c) The legal and factual issues to be tried or resolved.
Recently, the Court passed the landmark Rules of Procedure for For each factual issue, the parties shall state all
Environmental Cases,[51] which allow for a "citizen suit," and evidence to support their positions thereon. For each
permit any Filipino citizen to file an action before our courts for legal issue, parties shall state the applicable law and
violations of our environmental laws. Moreover, even before the jurisprudence supporting their respective positions
Rules of Procedure for Environmental Cases became effective, thereon;
this Court had already taken a permissive position on the issue of (d) The documents or exhibits to be presented, including
locus standi in environmental cases. In Oposa, we allowed the depositions, answers to interrogatories and answers
suit to be brought in the name of generations yet unborn "based to written request for admission by adverse party,
on the concept of intergenerational responsibility insofar as the stating the purpose thereof;
right to a balanced and healthful ecology is concerned.” (e) A manifestation of their having availed of discovery
In light of the foregoing, the need to give the Resident Marine procedures or their intention to avail themselves of
Mammals legal standing has been eliminated by our Rules, which referral to a commissioner or panel of experts;
(f) The number and names of the witnesses and the
allow any Filipino citizen, as a steward of nature, to bring a suit to
substance of their affidavits;
enforce our environmental laws. It is worth noting here that the
(g) Clarificatory questions from the parties; and
Stewards are joined as real parties in the Petition and not just in
(h) List of cases arising out of the same facts pending
representation of the named cetacean species. The Stewards, before other courts or administrative agencies.
Ramos and Eisma-Osorio, having shown in their petition that Failure to comply with the required contents of a
there may be possible violations of laws concerning the habitat pre-trial brief may be a ground for contempt.
of the Resident Marine Mammals, are therefore declared to
Failure to file the pre-trial brief shall have the same effect as
possess the legal standing to file this petition.
failure to appear at the pre-trial.

b. Pleading and Practice (Rules 2 to 5)
i. Pleadings 3. Referral to Mediation
1. Allowed and Prohibited Section 3. Referral to mediation. - At the start of the pre-trial
Section 1. Pleadings and motions allowed. — The pleadings conference, the court shall inquire from the parties if they have
and motions that may be filed are complaint, answer which settled the dispute; otherwise, the court shall immediately refer
may include compulsory counterclaim and cross-claim, motion the parties or their counsel, if authorized by their clients, to the
for intervention, motion for discovery and motion for Philippine Mediation Center (PMC) unit for purposes of
reconsideration of the judgment. mediation. If not available, the court shall refer the case to the
clerk of court or legal researcher for mediation.
Motion for postponement, motion for new trial and petition for
relief from judgment shall be allowed in highly meritorious Mediation must be conducted within a non-extendible period
cases or to prevent a manifest miscarriage of justice. of thirty (30) days from receipt of notice of referral to
mediation.
Section 2. Prohibited pleadings or motions. — The following
pleadings or motions shall not be allowed: The mediation report must be submitted within ten (10) days
from the expiration of the 30-day period.
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file 4. Trial
answer, the extension not to exceed fifteen (15) days; a. Continuous Trial Rule
(d) Motion to declare the defendant in default; Section 1. Continuous trial. - The judge shall conduct
(e) Reply and rejoinder; and continuous trial which shall not exceed two (2) months from
the date of the issuance of the pre-trial order.
(f) Third party complaint.
Before the expiration of the two-month period, the judge may
ask the Supreme Court for the extension of the trial period for
2. Pre-trial justifiable cause.
Section 1. Notice of pre-trial. - Within two (2) days from the
filing of the answer to the counterclaim or cross-claim, if any, b. One-day examination of witness rule
the branch clerk of court shall issue a notice of the pre-trial to
be held not later than one (1) month from the filing of the last Section 3. One-day examination of witness rule. - The court
pleading. shall strictly adhere to the rule that a witness has to be fully
examined in one (1) day, subject to the court’s discretion of
The court shall schedule the pre-trial and set as many pre-trial extending the examination for justifiable reason. After the
conferences as may be necessary within a period of two (2) presentation of the last witness, only oral offer of evidence
months counted from the date of the first pre-trial conference. shall be allowed, and the opposing party shall immediately
Section 2. Pre-trial brief. - At least three (3) days before the interpose his objections. The judge shall forthwith rule on the
pretrial, the parties shall submit pre-trial briefs containing the offer of evidence in open court.
following:

(a) A statement of their willingness to enter into an
amicable settlement indicating the desired terms c. Judgment and Execution
i. Nature



d. Reliefs in a Citizen Suit ● The Sangguniang Panlungsod of Olongapo City issued
Resolution No. 131, Series of 2008, expressing the city
Section 1. Reliefs in a citizen suit. - If warranted, the court government’s objection to the coal-fired power plant.
may grant to the plaintiff proper reliefs which shall include the ● DENR issued an ECC for the proposed 2x150-MW
protection, preservation or rehabilitation of the environment coal-fired power plant.
and the payment of attorney’s fees, costs of suit and other ● DENR-EMB issued an amended ECC (first amendment)
litigation expenses. It may also require the violator to submit a
allowing the inclusion of additional components, among
program of rehabilitation or restoration of the environment, the
others. It then further amended the ECC (second
costs of which shall be borne by the violator, or to contribute to
amendment).
a special trust fund for that purpose subject to the control of
the court. ● The Sangguniang Panlalawigan of Zambales issued
Resolution No. 2011-149, opposing the establishment of
a coal-fired thermal power plant at Sitio Naglatore, Brgy.
057 MMDA v Concerned Residents of Manila Bay, 171947-48 Cawag, Subic. The Liga ng mga Barangay of Olongapo
(2008) City issued Resolution No. 12, Series of 2011,
● Concerned Residents of Manila Bay filed a complaint expressing its strong objection to the coal-fired power
before the Regional Trial Court (RTC) in Imus, Cavite plant.
against several government agencies, among them the ● Petitioners filed before this Court a Petition for Writ of
petitioners, for the cleanup, rehabilitation, and protection kalikasan against RP Energy, SBMA, and Hon. Ramon
of the Manila Bay. Jesus P. Paje, in his capacity as Secretary of the DENR.
ISSUE ISSUE
Can petitioners be compelled by mandamus to clean up and Could not the appellate court have granted the Petition for Writ of
rehabilitate the Manila Bay? kalikasan on the ground of the invalidity of the ECC for failure to
HELD comply with certain laws and rules?
YES. Generally, the writ of mandamus lies to require the HELD
execution of a ministerial duty.[8] A ministerial duty is one that The writ is categorized as a special civil action and was, thus,
"requires neither the exercise of official discretion nor conceptualized as an extraordinary remedy, which aims to
judgment."[9] It connotes an act in which nothing is left to the provide judicial relief from threatened or actual violation/s of the
discretion of the person executing it. It is a "simple, definite duty constitutional right to a balanced and healthful ecology of a
arising under conditions admitted or proved to exist and imposed magnitude or degree of damage that transcends political and
by law."[10] Mandamus is available to compel action, when territorial boundaries.[109] It is intended “to provide a stronger
refused, on matters involving discretion, but not to direct the defense for environmental rights through judicial efforts where
exercise of judgment or discretion one way or the other. institutional arrangements of enforcement, implementation and
Petitioners' obligation to perform their duties as defined by law, legislation have fallen short”[110] and seeks “to address the
on one hand, and how they are to carry out such duties, on the potentially exponential nature of large-scale ecological threats.”
other, are two different concepts. While the implementation of In their Petition for Writ of kalikasan,[113] the Casiño Group’s
the MMDA's mandated tasks may entail a decision-making allegations, relative to the actual or threatened violation of the
process, the enforcement of the law or the very act of doing what constitutional right to a balanced and healthful ecology, may be
the law exacts to be done is ministerial in nature and may be grouped into two.
compelled by mandamus. The first set of allegations deals with the actual environmental
damage that will occur if the power plant project is implemented.
The Casiño Group claims that the construction and operation of
3. Special Civil Action the power plant will result in
a. Writ of Kalikasan (Rule 7) (1) thermal pollution of coastal waters,
i. Nature of the writ (2) air pollution due to dust and combustion gases,
(3) water pollution from toxic coal combustion waste, and
Section 1. Nature of the writ. - The writ is a remedy available
(4) acid deposition in aquatic and terrestrial ecosystems,
to a natural or juridical person, entity authorized by law,
which will adversely affect the residents of the
people’s organization, non-governmental organization, or any
Provinces of Bataan and Zambales, particularly the
public interest group accredited by or registered with any
government agency, on behalf of persons whose constitutional Municipalities of Subic, Morong and Hermosa, and the
right to a balanced and healthful ecology is violated, or City of Olongapo.
threatened with violation by an unlawful act or omission of a The second set of allegations deals with the failure to comply
public official or employee, or private individual or entity, with certain laws and rules governing or relating to the issuance
involving environmental damage of such magnitude as to of an ECC and amendments thereto. The Casiño Group claims
prejudice the life, health or property of inhabitants in two or that the ECC was issued in violation of
more cities or provinces. (1) the DENR rules on the issuance and amendment of an
ECC, particularly, DAO 2003-30 and the Revised
Procedural Manual for DAO 2003-30 (Revised Manual),
058 Paje v Casino, 207257 (2015) (2) Section 59 of the IPRA Law, and
● Subic Bay Metropolitan Authority (SBMA), a government (3) Sections 26 and 27 of the LGC. In addition, it claims that
agency organized and established under Republic Act the LDA entered into between SBMA and RP Energy
No. (RA) 7227,[4] and Taiwan Cogeneration Corporation violated Section 59 of the IPRA Law.
(TCC) entered into a Memorandum of Understanding Can the validity of an ECC be challenged via a writ of kalikasan?
(MOU) expressing their intention to build a power plant We answer in the affirmative subject to certain qualifications.
in Subic Bay which would supply reliable and affordable In cases of defects or irregularities in the issuance of an ECC, it is
power to Subic Bay Industrial Park (SBIP). not sufficient to merely allege such defects or irregularities, but to



show a causal link or reasonable connection with the HELD

environmental damage of the magnitude contemplated under the 1. YES. The RPEC did liberalize the requirements on
Rules. In the case at bar, no such causal link or reasonable standing, allowing the filing of citizen's suit for the
connection was shown or even attempted relative to the enforcement of rights and obligations under
aforesaid second set of allegations. It is a mere listing of the environmental laws. However, it bears noting that there
perceived defects or irregularities in the issuance of the ECC. is a difference between a petition for the issuance of a
This would have been sufficient reason to disallow the resolution writ of kalikasan, wherein it is sufficient that the person
of such issues in a writ of kalikasan case. filing represents the inhabitants prejudiced by the
However, inasmuch as this is the first time that we lay down this environmental damage subject of the writ;[27] and a
principle, we have liberally examined the alleged defects or petition for the issuance of a writ of continuing
irregularities in the issuance of the ECC and find that there is only mandamus, which is only available to one who is
one group of allegations, relative to the ECC, that can be personally aggrieved by the unlawful act or omission.
reasonably connected to an environmental damage of the 2. NO. Under the RPEC, the writ of kalikasan is an
magnitude contemplated under the Rules. This is with respect to extraordinary remedy covering environmental damage
the allegation that there was no environmental impact of such magnitude that will prejudice the life, health or
assessment relative to the first and second amendments to the property of inhabitants in two or more cities or
subject ECC. If this were true, then the implementation of the provinces. It is designed for a narrow but special
project can conceivably actually violate or threaten to violate the purpose: to accord a stronger protection for
right to a healthful and balanced ecology of the inhabitants near environmental rights, aiming, among others, to provide a
the vicinity of the power plant. Thus, the resolution of such an speedy and effective resolution of a case involving the
issue could conceivably be resolved in a writ of kalikasan case violation of one's constitutional right to a healthful and
provided that the case does not violate, or is an exception to the balanced ecology that transcends political and territorial
doctrine of exhaustion of administrative remedies and primary boundaries, and to address the potentially exponential
jurisdiction. nature of large-scale ecological threats.[32] At the very
least, the magnitude of the ecological problems
066 Segovia v Climate Change Commission, 211010 (2017) contemplated under the RPEC satisfies at least one of
● This is a petition for the issuance of writs of kalikasan the exceptions to the rule on hierarchy of courts, as
and continuing mandamus to compel the when direct resort is allowed where it is dictated by
implementation of the following environmental laws and public welfare. Given that the RPEC allows direct resort
executive issuances - Republic Act No. (RA) 9729[1] to this Court,[33] it is ultimately within the Court's
(Climate Change Act), and RA 8749[2] (Clean Air Act); discretion whether or not to accept petitions brought
Executive Order No. 774[3] (EO 774); AO 254, s. 2009[4] directly before it.
(AO 254); and Administrative Order No. 171, s. 2007[5] 3. NO. It is well-settled that a party claiming the privilege
(AO 171). for the issuance of a writ of kalikasan has to show that
● Accordingly, the Petitioners seek to compel: a law, rule or regulation was violated or would be
(a) the public respondents to: violated. While there can be no disagreement with the
(1) implement the Road Sharing Principle general propositions put forth by the petitioners on the
in all roads; correlation of air quality and public health, petitioners
(2) divide all roads lengthwise, one-half have not been able to show that respondents are guilty
(1/2) for all-weather sidewalk and of violation or neglect of environmental laws that
bicycling, the other half for causes or contributes to bad air quality.
Filipino-made transport vehicles;
(3) submit a time-bound action plan to 1. Distinguished from Rule 65
implement the Road Sharing Principle
Rule 65 Writ of Kalikasan
throughout the country;
(b) the Office of the President, Cabinet officials Subject GADALEJ Any form of abuse or
and public employees of Cabinet members to matter discretion
reduce their fuel consumption by fifty percent constituting an
(50%) and to take public transportation fifty unlawful act or
omission involving the
percent (50%) of the time; environment.
(c) Public respondent DPWH to demarcate and
delineate the road right-of-way in all roads and Who may file Only the aggrieved Any on behalf of
sidewalks; and persons persons whose right
(d) Public respondent DBM to instantly release to a balanced and
healthful ecology is
funds for Road Users' Tax violated.
ISSUE
Respondent Government and its May be a private
1. Whether or not the petitioners have standing to file the officers entity
petition;
2. Whether or not the petition should be dismissed for Docket fees Not exempt Exempt
failing to adhere to the doctrine of hierarchy of courts; Venue RTC, CA, SC CA or SC
and
3. Whether or not a writ of Kalikasan and/or Continuing Exhaustion Generally applies Does not apply
Mandamus should issue. of admin
remedies



Period to file 60 days from notice No limitation (b) Motion for extension of time to file return;
of judgment
(c) Motion for postponement;
Discovery Not available Available (d) Motion for a bill of particulars;
measures (e) Counterclaim or cross-claim;
(f) Third-party complaint;
ii. Initiation of Action
(g) Reply; and
1. Pleading and Practice
a. Who may file (h) Motion to declare respondent in default.
The writ is a remedy available to

(1) a natural or juridical person, entity authorized by law,
e. Issuance of Writ
(2) people’s organization,
(3) non-governmental organization, or Section 5. Issuance of the writ. - Within three (3) days from
(4) any public interest group accredited by or registered the date of filing of the petition, if the petition is sufficient in
with any government agency, form and substance, the court shall give an order: (a) issuing
on behalf of persons whose constitutional right to a balanced the writ; and (b) requiring the respondent to file a verified
and healthful ecology is violated, or threatened with violation by return as provided in Section 8 of this Rule. The clerk of court
an unlawful act or omission of a public official or employee, or shall forthwith issue the writ under the seal of the court
private individual or entity, involving environmental damage of including the issuance of a cease and desist order and other
temporary reliefs effective until further order.
such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. Section 6. How the writ is served. - The writ shall be served
upon the respondent by a court officer or any person deputized
b. Verified Petition and its Contents by the court, who shall retain a copy on which to make a return
of service. In case the writ cannot be served personally, the
Section 2. Contents of the petition. - The verified petition shall rule on substituted service shall apply.
contain the following:
Section 7. Penalty for refusing to issue or serve the writ. - A
(a) The personal circumstances of the petitioner; clerk of court who unduly delays or refuses to issue the writ
(b) The name and personal circumstances of the after its allowance or a court officer or deputized person who
respondent or if the name and personal unduly delays or refuses to serve the same shall be punished
circumstances are unknown and uncertain, the by the court for contempt without prejudice to other civil,
respondent may be described by an assumed criminal or administrative actions.
appellation;
(c) The environmental law, rule or regulation violated or
threatened to be violated, the act or omission f. Return of Respondents
complained of, and the environmental damage of
Section 8. Return of respondent; contents. - Within a
such magnitude as to prejudice the life, health or
non-extendible period of ten (10) days after service of the writ,
property of inhabitants in two or more cities or
the respondent shall file a verified return which shall contain all
provinces.
defenses to show that respondent did not violate or threaten
(d) All relevant and material evidence consisting of the
to violate, or allow the violation of any environmental law, rule
affidavits of witnesses, documentary evidence,
or regulation or commit any act resulting to environmental
scientific or other expert studies, and if possible,
damage of such magnitude as to prejudice the life, health or
object evidence;
property of inhabitants in two or more cities or provinces.
(e) The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any All defenses not raised in the return shall be deemed waived.
claim involving the same issues in any court, tribunal The return shall include affidavits of witnesses, documentary
or quasi-judicial agency, and no such other action or evidence, scientific or other expert studies, and if possible,
claim is pending therein; (2) if there is such other object evidence, in support of the defense of the respondent.
pending action or claim, a complete statement of its
A general denial of allegations in the petition shall be
present status; (3) if petitioner should learn that the
considered as an admission thereof.
same or similar action or claim has been filed or is
pending, petitioner shall report to the court that fact Section 10. Effect of failure to file return. - In case the
within five (5) days therefrom; and respondent fails to file a return, the court shall proceed to hear
(f) The reliefs prayed for which may include a prayer for the petition ex parte.
the issuance of a TEPO.

g. Hearing
c. Docket Fees Section 11. Hearing. - Upon receipt of the return of the
Section 4. No docket fees. - The petitioner shall be exempt respondent, the court may call a preliminary conference to
from the payment of docket fees. simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the
petition for hearing.
d. Prohibited Pleadings and Motions The hearing including the preliminary conference shall not
Section 9. Prohibited pleadings and motions. - The following extend beyond sixty (60) days and shall be given the same
pleadings and motions are prohibited: priority as petitions for the writs of habeas corpus, amparo and
habeas data.
(a) Motion to dismiss;



h. Discovery Measures
preclude the filing of separate civil, criminal or administrative
Section 12. Discovery Measures. - A party may file a verified actions.
motion for the following reliefs:

(a) Ocular Inspection; order — The motion must show that an
2. Venue
ocular inspection order is necessary to establish the
magnitude of the violation or the threat as to prejudice the life, Section 3. Where to file. - The petition shall be filed with the
health or property of inhabitants in two or more cities or Supreme Court or with any of the stations of the Court of
provinces. It shall state in detail the place or places to be Appeals.
inspected. It shall be supported by affidavits of witnesses
having personal knowledge of the violation or threatened
violation of environmental law. iii. Contempt
After hearing, the court may order any person in possession or Section 13. Contempt. - The court may after hearing punish
control of a designated land or other property to permit entry the respondent who refuses or unduly delays the filing of a
for the purpose of inspecting or photographing the property or return, or who makes a false return, or any person who
any relevant object or operation thereon. disobeys or resists a lawful process or order of the court for
The order shall specify the person or persons authorized to indirect contempt under Rule 71 of the Rules of Court.
make the inspection and the date, time, place and manner of
making the inspection and may prescribe other conditions to
protect the constitutional rights of all parties. iv. Reliefs
1. Prohibition on the Award for Damages
(b) Production or inspection of documents or things; order –
Such other reliefs which relate to the right of the people to a
The motion must show that a production order is necessary to
balanced and healthful ecology or to the protection, preservation,
establish the magnitude of the violation or the threat as to
rehabilitation or restoration of the environment, except the award
prejudice the life, health or property of inhabitants in two or
of damages to individual petitioners.
more cities or provinces.
2. Limitations on reliefs
After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, West Tower v First Philippine Industrial Corporation, supra
books, accounts, letters, photographs, objects or tangible (Vol I, 1)
things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the
return, to produce and permit their inspection, copying or 059 Arigo v Swift, 206510 (2014)
photographing by or on behalf of the movant. ● Petition for the issuance of a Writ of Kalikasan with
The production order shall specify the person or persons prayer for the issuance of a Temporary Environmental
authorized to make the production and the date, time, place Protection Order (TEPO) under Rule 7 of A.M. No.
and manner of making the inspection or production and may 09-6-8-SC, otherwise known as the Rules of Procedure
prescribe other conditions to protect the constitutional rights for Environmental Cases (Rules), involving violations of
of all parties. environmental laws and regulations in relation to the
grounding of the US military ship USS Guardian over the
Tubbataha Reefs.
i. Judgment ISSUE
Section 15. Judgment. - Within sixty (60) days from the time Whether the issuance of a writ of kalikasan is proper.
the petition is submitted for decision, the court shall render HELD
judgment granting or denying the privilege of the writ of NO. The relevance of UNCLOS provisions to the present
kalikasan. controversy is beyond dispute. Although the said treaty upholds
the immunity of warships from the jurisdiction of Coastal States
The reliefs that may be granted under the writ are the
while navigating the latter’s territorial sea, the flag States shall be
following:
required to leave the territorial sea immediately if they flout the
(a) Directing respondent to permanently cease and desist from laws and regulations of the Coastal State, and they will be liable
committing acts or neglecting the performance of a duty in for damages caused by their warships or any other government
violation of environmental laws resulting in environmental vessel operated for non-commercial purposes under Article 31.
destruction or damage;
The waiver of State immunity under the VFA pertains only to
(b) Directing the respondent public official, government criminal jurisdiction and not to special civil actions such as the
agency, private person or entity to protect, preserve, present petition for issuance of a writ of Kalikasan. In fact, it can
rehabilitate or restore the environment; be inferred from Section 17, Rule 7 of the Rules that a criminal
(c) Directing the respondent public official, government agency, case against a person charged with a violation of an
private person or entity to monitor strict compliance with the environmental law is to be filed separately.
decision and orders of the court; We cannot grant damages which have resulted from the violation
(d) Directing the respondent public official, government of environmental laws. The Rules allows the recovery of
agency, or private person or entity to make periodic reports on damages, including the collection of administrative fines under
the execution of the final judgment; and R.A. No. 10067, in a separate civil suit or that deemed instituted
(e) Such other reliefs which relate to the right of the people to with the criminal action charging the same violation of an
a balanced and healthful ecology or to the protection, environmental law.
preservation, rehabilitation or restoration of the environment,
except the award of damages to individual petitioners.
v. Appeal
Section 17. Institution of separate actions. - The filing of a
petition for the issuance of the writ of kalikasan shall not Section 16. Appeal. - Within fifteen (15) days from the date of



notice of the adverse judgment or denial of motion for Section 8. Return of the writ. - The periodic reports submitted
reconsideration, any party may appeal to the Supreme Court by the respondent detailing compliance with the judgment
under Rule 45 of the Rules of Court. The appeal may raise shall be contained in partial returns of the writ.
questions of fact. Upon full satisfaction of the judgment, a final return of the writ
shall be made to the court by the respondent. If the court finds

that the judgment has been fully implemented, the satisfaction
b. Writ of Continuing Mandamus (Rule 8) of judgment shall be entered in the court docket.
Continuing mandamus is a writ issued by a court in an

environmental case directing any agency or instrumentality of the
2. Jurisdiction and Venue
government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until Section 2. Where to file the petition. - The petition shall be
judgment is fully satisfied. filed with the Regional Trial Court exercising jurisdiction over
i. Initiation of Action the territory where the actionable neglect or omission occurred
1. Pleading and Practice or with the Court of Appeals or the Supreme Court.
a. Verified Petition and Grounds

Section 1. Petition for continuing mandamus. - When any 3. Judgment
agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law MMDA v Concerned Residents, supra (Vol II, 57)
specifically enjoins as a duty resulting from an office, trust or
4. Conversion to Permanent EPO
station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or Section 3. Permanent EPO; writ of continuing mandamus. - In
unlawfully excludes another from the use or enjoyment of such the judgment, the court may convert the TEPO to a permanent
right and there is no other plain, speedy and adequate remedy EPO or issue a writ of continuing mandamus directing the
in the ordinary course of law, the person aggrieved thereby performance of acts which shall be effective until the
may file a verified petition in the proper court, alleging the facts judgment is fully satisfied.
with certainty, attaching thereto supporting evidence, The court may, by itself or through the appropriate government
specifying that the petition concerns an environmental law,
agency, monitor the execution of the judgment and require the
rule or regulation, and praying that judgment be rendered party concerned to submit written reports on a quarterly basis
commanding the respondent to do an act or series of acts or sooner as may be necessary, detailing the progress of the
until the judgment is fully satisfied, and to pay damages execution and satisfaction of the judgment. The other party
sustained by the petitioner by reason of the malicious neglect
may, at its option, submit its comments or observations on the
to perform the duties of the respondent, under the law, rules or execution of the judgment.
regulations. The petition shall also contain a sworn
certification of non-forum shopping.
4. Criminal Action
b. Docket Fees
a. Prosecution of Offenses and Civil Liability (Rule 9 and 10)
Section 3. No docket fees. - The petitioner shall be exempt
RULE 9 PROSECUTION OF OFFENSES
from the payment of docket fees.
Section 1. Who may file. - Any offended party, peace officer or
any public officer charged with the enforcement of an
c. Comment environmental law may file a complaint before the proper
officer in accordance with the Rules of Court.
Section 4. Order to comment. - If the petition is sufficient in
form and substance, the court shall issue the writ and require Section 2. Filing of the information. - An information, charging
the respondent to comment on the petition within ten (10) a person with a violation of an environmental law and
days from receipt of a copy thereof. Such order shall be served subscribed by the prosecutor, shall be filed with the court.
on the respondents in such manner as the court may direct, Section 3. Special prosecutor. - In criminal cases, where there
together with a copy of the petition and any annexes thereto. is no private offended party, a counsel whose services are
offered by any person or organization may be allowed by the
court as special prosecutor, with the consent of and subject to
d. Judgment the control and supervision of the public prosecutor.
Section 7. Judgment. - If warranted, the court shall grant the RULE 10 PROSECUTION OF CIVIL ACTIONS
privilege of the writ of continuing mandamus requiring Section 1. Institution of criminal and civil actions. - When a
respondent to perform an act or series of acts until the criminal action is instituted, the civil action for the recovery of
judgment is fully satisfied and to grant such other reliefs as civil liability arising from the offense charged, shall be deemed
may be warranted resulting from the wrongful or illegal acts of instituted with the criminal action unless the complainant
the respondent. The court shall require the respondent to waives the civil action, reserves the right to institute it
submit periodic reports detailing the progress and execution of separately or institutes the civil action prior to the criminal
the judgment, and the court may, by itself or through a action.
commissioner or the appropriate government agency, evaluate
Unless the civil action has been instituted prior to the criminal
and monitor compliance. The petitioner may submit its
action, the reservation of the right to institute separately the
comments or observations on the execution of the judgment.
civil action shall be made during arraignment.
In case civil liability is imposed or damages are awarded, the
e. Return of Writ filing and other legal fees shall be imposed on said award in



accordance with Rule 141 of the Rules of Court, and the fees instruments of the crime were seized.
shall constitute a first lien on the judgment award. The (f) The proceeds shall be held in trust and deposited
damages awarded in cases where there is no private offended with the government depository bank for disposition
party, less the filing fees, shall accrue to the funds of the according to the judgment.
agency charged with the implementation of the environmental
law violated. The award shall be used for the restoration and
rehabilitation of the environment adversely affected. d. Bail Rule (Rule 14)
i. Applicability of Rules of Court

b. Arrest (Rule 11) Section 2. Duties of the court. - Before granting the
application for bail, the judge must read the information in a
Section 1. Arrest without warrant; when lawful. - A peace language known to and understood by the accused and require
officer or an individual deputized by the proper government the accused to sign a written undertaking, as follows:
agency may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has (a) To appear before the court that issued the warrant of arrest
committed, is actually committing or is attempting to for arraignment purposes on the date scheduled, and if the
commit an offense; or accused fails to appear without justification on the date of
(b) When an offense has just been committed, and he arraignment, accused waives the reading of the information
has probable cause to believe based on personal and authorizes the court to enter a plea of not guilty on behalf
knowledge of facts or circumstances that the person of the accused and to set the case for trial;
to be arrested has committed it. Individuals deputized
by the proper government agency who are enforcing (b) To appear whenever required by the court where the case is
environmental laws shall enjoy the presumption of pending; and
regularity under Section 3(m), Rule 131 of the Rules (c) To waive the right of the accused to be present at the trial,
of Court when effecting arrests for violations of and upon failure of the accused to appear without justification
environmental laws. and despite due notice, the trial may proceed in absentia.
Section 2. Warrant of arrest. - All warrants of arrest issued by

the court shall be accompanied by a certified true copy of the
ii. Where to File
information filed with the issuing court.
Section 1. Bail, where filed. - Bail in the amount fixed may be
filed with the court where the case is pending, or in the
c. Custody and Disposition of Seized Items, etc (Rule 12) absence or unavailability of the judge thereof, with any regional
Section 1. Custody and disposition of seized items. - The trial judge, metropolitan trial judge, municipal trial judge or
custody and disposition of seized items shall be in accordance municipal circuit trial judge in the province, city or municipality.
with the applicable laws or rules promulgated by the If the accused is arrested in a province, city or municipality
concerned government agency. other than where the case is pending, bail may also be filed
with any Regional Trial Court of said place, or if no judge
Section 2. Procedure. - In the absence of applicable laws or thereof is available, with any metropolitan trial judge, municipal
rules promulgated by the concerned government agency, the trial judge or municipal circuit trial judge therein. If the court
following procedure shall be observed: grants bail, the court may issue a hold-departure order in
(a) The apprehending officer having initial custody and appropriate cases.
control of the seized items, equipment, paraphernalia,
conveyances and instruments shall physically
inventory and whenever practicable, photograph the e. Arraignment and Plea (Rule 15)
same in the presence of the person from whom such
Section 1. Arraignment. - The court shall set the arraignment
items were seized.
of the accused within fifteen (15) days from the time it
(b) Thereafter, the apprehending officer shall submit to
acquires jurisdiction over the accused, with notice to the public
the issuing court the return of the search warrant
prosecutor and offended party or concerned government
within five (5) days from date of seizure or in case of
agency that it will entertain plea-bargaining on the date of the
warrantless arrest, submit within five (5) days from
arraignment.
date of seizure, the inventory report, compliance
report, photographs, representative samples and Section 2. Plea-bargaining. - On the scheduled date of
other pertinent documents to the public prosecutor arraignment, the court shall consider plea-bargaining
for appropriate action. arrangements. Where the prosecution and offended party or
(c) Upon motion by any interested party, the court may concerned government agency agree to the plea offered by the
direct the auction sale of seized items, equipment, accused, the court shall:
paraphernalia, tools or instruments of the crime. The (a) Issue an order which contains the plea-bargaining arrived
court shall, after hearing, fix the minimum bid price at;
based on the recommendation of the concerned
(b) Proceed to receive evidence on the civil aspect of the case,
government agency. The sheriff shall conduct the
if any; and
auction.
(d) The auction sale shall be with notice to the accused, (c) Render and promulgate judgment of conviction, including
the person from whom the items were seized, or the the civil liability for damages.
owner thereof and the concerned government

agency.
(e) The notice of auction shall be posted in three f. Pre-trial and Trial Rule (Rules 16 and 17)
conspicuous places in the city or municipality where RULE 16 PRE-TRIAL
the items, equipment, paraphernalia, tools or



Section 1. Setting of pre-trial conference. - After the Rule 118 of the Rules of Court shall be approved by the court.
arraignment, the court shall set the pre-trial conference within Section 6. Record of proceedings. - All proceedings during the
thirty (30) days. It may refer the case to the branch clerk of pre-trial shall be recorded, the transcripts prepared and the
court, if warranted, for a preliminary conference to be set at minutes signed by the parties or their counsels.
least three (3) days prior to the pre-trial.
Section 7. Pre-trial order. - The court shall issue a pre-trial
Section 2. Preliminary conference. - The preliminary order within ten (10) days after the termination of the pre-trial,
conference shall be for the following purposes: setting forth the actions taken during the pre-trial conference,
(a) To assist the parties in reaching a settlement of the the facts stipulated, the admissions made, evidence marked,
civil aspect of the case; the number of witnesses to be presented and the schedule of
(b) To mark the documents to be presented as exhibits; trial. The order shall bind the parties and control the course of
(c) To attach copies thereof to the records after action during the trial.
comparison with the originals; RULE 17 TRIAL
(d) To ascertain from the parties the undisputed facts
and admissions on the genuineness and due Section 1. Continuous trial. - The court shall endeavor to
execution of documents marked as exhibits; conduct continuous trial which shall not exceed three (3)
(e) To consider such other matters as may aid in the months from the date of the issuance of the pre-trial order.
prompt disposition of the case; Section 2. Affidavit in lieu of direct examination. - Affidavit in
(f) To record the proceedings during the preliminary lieu of direct examination shall be used, subject to
conference in the Minutes of Preliminary Conference cross-examination and the right to object to inadmissible
to be signed by the parties and counsel; portions of the affidavit.
(g) To mark the affidavits of witnesses which shall be in Section 3. Submission of memoranda. - The court may require
question and answer form and shall constitute the the parties to submit their respective memoranda and if
direct examination of the witnesses; and possible, in electronic form, within a non-extendible period of
(h) To attach the Minutes and marked exhibits to the thirty (30) days from the date the case is submitted for
case record before the pre-trial proper. The parties or decision.
their counsel must submit to the branch clerk of court
With or without any memoranda filed, the court shall have a
the names, addresses and contact numbers of the
period of sixty (60) days to decide the case counted from the
affiants.
last day of the 30-day period to file the memoranda.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the
Section 4. Disposition period. - The court shall dispose the
court shall:
case within a period of ten (10) months from the date of
(a) Place the parties and their counsels under oath; arraignment.
(b) Adopt the minutes of the preliminary conference as
Section 5. Pro bono lawyers. - If the accused cannot afford the
part of the pre-trial proceedings, confirm markings of
services of counsel or there is no available public attorney, the
exhibits or substituted photocopies and admissions
court shall require the Integrated Bar of the Philippines to
on the genuineness and due execution of documents,
provide pro bono lawyers for the accused.
and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the
affidavits and other documents which form part of
g. Subsidiary Liability (Rule 18)
the record of the preliminary investigation together
with other documents identified and marked as Section 1. Subsidiary liability. - In case of conviction of the
exhibits to determine further admissions of facts as accused and subsidiary liability is allowed by law, the court
to: may, by motion of the person entitled to recover under
(i) The court’s territorial jurisdiction relative to judgment, enforce such subsidiary liability against a person or
the offense(s) charged; corporation subsidiary liable under Article 102 and Article 103
(ii) Qualification of expert witnesses; and of the Revised Penal Code.
(iii) Amount of damages;
(d) Define factual and legal issues;
060 Philippine Rabbit Bus Lines v CA, 147703 (2004)
(e) Ask parties to agree on the specific trial dates and
adhere to the flow chart determined by the court ● When the accused-employee absconds or jumps bail,
which shall contain the time frames for the different the judgment meted out becomes final and executory.
stages of the proceeding up to promulgation of The employer cannot defeat the finality of the judgment
decision; by filing a notice of appeal on its own behalf in the guise
(f) Require the parties to submit to the branch clerk of of asking for a review of its subsidiary civil liability. Both
court the names, addresses and contact numbers of the primary civil liability of the accused-employee and
witnesses that need to be summoned by subpoena; the subsidiary civil liability of the employer are carried in
and one single decision that has become final and
(g) Consider modification of order of trial if the accused executory.
admits the charge but interposes a lawful defense. ● The cases dealing with the subsidiary liability of
employers uniformly declare that, strictly speaking, they
Section 4. Manner of questioning. - All questions or
statements must be directed to the court. are not parties to the criminal cases instituted against
their employees.[28] Although in substance and in effect,
Section 5. Agreements or admissions. - All agreements or
they have an interest therein, this fact should be viewed
admissions made or entered during the pre-trial conference
in the light of their subsidiary liability. While they may
shall be reduced in writing and signed by the accused and
assist their employees to the extent of supplying the
counsel; otherwise, they cannot be used against the accused.
latter’s lawyers, as in the present case, the former
The agreements covering the matters referred to in Section 1,



cannot act independently on their own behalf, but can

Section 11. Report on TEPO, EPO, TRO or preliminary
only defend the accused.
injunction. - The judge shall report any action taken on a TEPO,
● Before the employers’ subsidiary liability is exacted, EPO, TRO or a preliminary injunction, including its modification
however, there must be adequate evidence establishing and dissolution, to the Supreme Court, through the Office of
that (1) they are indeed the employers of the convicted the Court Administrator, within ten (10) days from the action
employees; (2) that the former are engaged in some taken.
kind of industry; (3) that the crime was committed by
the employees in the discharge of their duties; and (4)
that the execution against the latter has not been iv. Conversion to a Permanent EPO
satisfied due to insolvency. Section 3 Rule 5. Permanent EPO; writ of continuing
mandamus. - In the judgment, the court may convert the TEPO
5. Provisional Remedies to a permanent EPO or issue a writ of continuing mandamus
directing the performance of acts which shall be effective until
a. Temporary Environmental Protection Order (TEPO) the judgment is fully satisfied.
i. Issuance
1. Procedure
v. Prohibition against issuance of TRO and preliminary
Section 8 Rule 2. Issuance of Temporary Environmental
injunction against the government
Protection Order (TEPO). - If it appears from the verified
1. Sec 10, Rule 2
complaint with a prayer for the issuance of an Environmental
Protection Order (EPO) that the matter is of extreme urgency Section 10. Prohibition against temporary restraining order
and the applicant will suffer grave injustice and irreparable (TRO) and preliminary injunction. - Except the Supreme Court,
injury, the executive judge of the multiple-sala court before no court can issue a TRO or writ of preliminary injunction
raffle or the presiding judge of a single-sala court as the case against lawful actions of government agencies that enforce
may be, may issue ex parte a TEPO effective for only environmental laws or prevent violations thereof.
seventy-two (72) hours from date of the receipt of the TEPO by
the party or person enjoined. Within said period, the court
where the case is assigned, shall conduct a summary hearing 062 WT Construction, Inc v DPWH, 163352 (2007)
to determine whether the TEPO may be extended until the ● Pursuant to the mandate of Republic Act No. 8975 (R.A.
termination of the case. 8975), only the Supreme Court has the authority to issue
The court where the case is assigned, shall periodically a temporary restraining order, preliminary injunction and
monitor the existence of acts that are the subject matter of the preliminary mandatory injunction against the
TEPO even if issued by the executive judge, and may lift the Government or any of its instrumentalities, officials and
same at any time as circumstances may warrant. agencies in cases such as those filed by bidders or
The applicant shall be exempted from the posting of a bond those claiming to have rights through such bidders
for the issuance of a TEPO. involving such contract or project. R.A. 8975 prohibits
lower courts from issuing injunctive orders in

connection with the implementation of government
061 Lago v Abul, RTJ-10-2255 (2011)
infrastructure projects unless the case pertains to
● Can’t see relevance of case matters of extreme urgency involving constitutional
issues such that unless a temporary restraining order is
2. Grounds issued, grave injustice and irreparable injury will arise.[16]
The foregoing provisions, however, do not deprive the
1. the matter is of extreme urgency and
lower courts of the authority to take cognizance of the
2. the applicant will suffer grave injustice and
issues raised in the principal action, as long as such
irreparable injury
action and the relief sought are within their jurisdiction.

ii. Dissolution
1. Procedure 063 Hernandez v NAPOCOR, 145328 (2006)
Section 9 Rule 2. Action on motion for dissolution of TEPO. - ● Although Presidential Decree No. 1818 prohibits any
The grounds for motion to dissolve a TEPO shall be supported court from issuing injunctions in cases involving
by affidavits of the party or person enjoined which the infrastructure projects, the prohibition extends only to
applicant may oppose, also by affidavits. the issuance of injunctions or restraining orders against
administrative acts in controversies involving facts or
the exercise of discretion in technical cases. On issues
2. Grounds clearly outside this dimension and involving questions
The TEPO may be dissolved if it appears after hearing that its of law, this Court declared that courts could not be
issuance or continuance would cause irreparable damage to prevented from exercising their power to restrain or
the party or person enjoined while the applicant may be fully prohibit administrative acts.
compensated for such damages as he may suffer and subject ● With health risks linked to exposure to electromagnetic
to the posting of a sufficient bond by the party or person radiation as their battle cry, petitioners, all residents of
enjoined. Dasmariñas Village, are clamoring for the reversal of the
decision[2] dated 3 May 2000 of the Court of Appeals in

CA-G.R. SP No. 57849 as well as the resolution dated 27
iii. Reportorial Requirements
September 2000, denying their motion for
reconsideration.



● The assailed decision[3] of the Court of Appeals reversed ● In said NULLITY CASE, the RTC issued a Temporary
the order of the Regional Trial Court of Makati, issuing a Restraining Order (TRO) enjoining respondents therein[41]
writ of preliminary injunction against respondent from implementing the questioned issuances.
National Power Corporation (NAPOCOR) to stay the ● Meanwhile, in the MANDAMUS CASE, the RTC denied
latter from energizing and transmitting high voltage the DENR Secretary's Motion for Reconsideration and
electric current through its cables erected from Sucat, granted the Motion for the Issuance of Writ of
Parañaque to Araneta Ave., Quezon City. Mandamus and/or Writ of Mandatory Injunction.
ISSUE ISSUE
Whether or not the trial court may issue a temporary restraining ● Whether the Presidential Warranty issued by former
order and preliminary injunction to enjoin the construction and President Marcos are contracts within the purview of
operation of the 29 decagon-shaped steel poles or towers by the the Constitution's Non-Impairment Clause.
NAPOCOR, notwithstanding Presidential Decree No. 1818. HELD
NO. The prohibition in Presidential Decree No. 605 "pertains to
HELD the issuance of injunctions or restraining orders by courts
YES. In a spate of cases, this Court declared that although against administrative acts in controversies involving facts or
Presidential Decree No. 1818 prohibits any court from issuing the exercise of discretion in technical cases, because to allow
injunctions in cases involving infrastructure projects, the courts to judge these matters could disturb the smooth
prohibition extends only to the issuance of injunctions or functioning of the administrative machinery. But on issues
restraining orders against administrative acts in controversies definitely outside of this dimension and involving questions of
involving facts or the exercise of discretion in technical cases. law, courts are not prevented by Presidential Decree No. 605
On issues clearly outside this dimension and involving questions from exercising their power to restrain or prohibit administrative
of law, this Court declared that courts could not be prevented acts.
from exercising their power to restrain or prohibit administrative Such licenses concerning the harvesting of timber in the
acts. country's forests cannot be considered contracts that would bind
In the case at bar, petitioners sought the issuance of a the Government regardless of changes in policy and the
preliminary injunction on the ground that the NAPOCOR Project demands of public interest and welfare.
impinged on their right to health as enshrined in Article II, Section The argument that the Presidential Warranty is a contract on the
15 of the 1987 Constitution. Petitioners, moreover, harp on ground that there were mutual considerations taken into account
respondent's failure to conduct prior consultation with them, as consisting in investments on PICOP's part is preposterous. All
the community affected by the project, in stark violation of licensees put up investments in pursuing their businesses. To
Section 27 of the LGC. construe these investments as consideration in a contract would
From the foregoing, whether there is a violation of petitioners' be to stealthily render ineffective the settled jurisprudence that "a
constitutionally protected right to health and whether respondent license or a permit is not a contract between the sovereignty and
NAPOCOR had indeed violated the Local Government Code the licensee or permittee, and is not a property in the
provision on prior consultation with the affected communities are constitutional sense, as to which the constitutional proscription
veritable questions of law that invested the trial court with against the impairment of contracts may extend."[87] Neither shall
jurisdiction to issue a TRO and subsequently, a preliminary we allow a circumvention of such doctrine by terming such
injunction. As such, these questions of law divest the case from permit as a "warranty."
the protective mantle of Presidential Decree No. 1818.

064 Alvarez v PICOP Resources, 162243 (2006) b. Temporary Restraining Order and Preliminary
● PICOP has an outstanding and overdue total obligation Injunction
on its forest charges in the amount of P167,592,440.90 i. Difference from TEPO
as of 30 August 2002.[18] ii. Jurisdiction
● Thus, FMB Director Acosta submitted a 5 October 2001
6. Strategic Lawsuit Against Public Participation
Memorandum to the DENR Secretary concerning
PICOP's application for conversion of its TLA No. 43 into a. Nature
an IFMA. i. In general
● Insisting that the conversion of its TLA No. 43 had been Section 1 Rule 6. Strategic lawsuit against public
completed, PICOP filed a Petition for Mandamus against participation (SLAPP). - A legal action filed to harass, vex,
then DENR Secretary Heherson T. Alvarez before the exert undue pressure or stifle any legal recourse that any
RTC of Quezon City. person, institution or the government has taken or may take in
● President Gloria Macapagal-Arroyo issued Proclamation the enforcement of environmental laws, protection of the
No. 297, "EXCLUDING A CERTAIN AREA FROM THE environment or assertion of environmental rights shall be
OPERATION OF PROCLAMATION NO. 369 DATED treated as a SLAPP and shall be governed by these Rules.
FEBRUARY 27, 1931, AND DECLARING THE SAME AS
MINERAL RESERVATION AND AS ENVIRONMENTALLY
CRITICAL AREA." The excluded area consists of 8,100 ii. SLAPP under RA 9003
hectares, more or less, which formed part of PICOP's SECTION 53. Suits and Strategic Legal Action Against Public
expired TLA No. 43, subject of its application for IFMA Participation (SLAPP) and the Enforcement of this Act. —
conversion.[40] Where a suit is brought against a person who filed an action as
● On 21 January 2003, PICOP filed a Petition for the provided in Sec. 52 of this Act, or against any person,
Declaration of Nullity of the aforesaid presidential institution or government agency that implements this Act, it
proclamation as well as its implementing DENR shall be the duty of the investigating prosecutor or the Court,
Administrative Order No. 2002-35.



as the case may be, to immediately make a determination not all available evidence in support of their respective positions.
exceeding thirty (30) days whether said legal action has been The party seeking the dismissal of the case must prove by
filed to harass, vex, exert undue pressure or stifle such legal substantial evidence that his act for the enforcement of
recourses of the person complaining of or enforcing the environmental law is a legitimate action for the protection,
provisions of this Act. Upon determination thereof, evidence preservation and rehabilitation of the environment. The party
warranting the same, the Court shall dismiss the case and filing the action assailed as a SLAPP shall prove by
award attorney's fees and double damages. preponderance of evidence that the action is not a SLAPP and
This provision shall also apply and benefit public officers who is a valid claim.
are sued for acts committed in their official capacity, there

being no grave abuse of authority, and done in the course of
ii. In Criminal Cases (Rule 19)
enforcing this Act.
Section 1. Motion to dismiss. - Upon the filing of an
information in court and before arraignment, the accused may
iii. SLAPP under RA 8749 file a motion to dismiss on the ground that the criminal action
Section 43. Suits and Strategic Legal Actions Against Public is a SLAPP.
Participation and the Enforcement of This Act. - Where a suit Section 2. Summary hearing. - The hearing on the defense of
is brought against a person who filed an action as provided in a SLAPP shall be summary in nature. The parties must submit
Sec. 41 of this Act, or against any person, institution or all the available evidence in support of their respective
government agency that implements this Act, it shall be the positions. The party seeking the dismissal of the case must
duty of the investigating prosecutor or the court, as the case prove by substantial evidence that his acts for the
may be, to immediately make a determination not exceeding enforcement of environmental law is a legitimate action for the
thirty (30) days whether said legal action has been filed to protection, preservation and rehabilitation of the environment.
harass, vex, exert undue pressure or stifle such legal recourses The party filing the action assailed as a SLAPP shall prove by
of the person complaining of or enforcing the provisions of preponderance of evidence that the action is not a SLAPP.
this Act. Upon determination thereof, evidence warranting the Section 3. Resolution. - The court shall grant the motion if the
same, the court shall dismiss the case and award attorney's accused establishes in the summary hearing that the criminal
fees and double damages. case has been filed with intent to harass, vex, exert undue
This provision shall also apply and benefit public officers who pressure or stifle any legal recourse that any person, institution
are sued for acts committed in their official capacity, their or the government has taken or may take in the enforcement
being no grave abuse of authority, and done in the course of of environmental laws, protection of the environment or
enforcing this Act. assertion of environmental rights.
If the court denies the motion, the court shall immediately

proceed with the arraignment of the accused.
b. Effect of finding of SLAPP
Section 4. Resolution of the defense of a SLAPP. - The

affirmative defense of a SLAPP shall be resolved within thirty 7. Evidence
(30) days after the summary hearing. If the court dismisses
the action, the court may award damages, attorney’s fees and a. Precautionary Principle (Rule 20)
costs of suit under a counterclaim if such has been filed. The i. Applicability
dismissal shall be with prejudice.
Section 1. Applicability. - When there is a lack of full scientific
If the court rejects the defense of a SLAPP, the evidence certainty in establishing a causal link between human activity
adduced during the summary hearing shall be treated as and environmental effect, the court shall apply the
evidence of the parties on the merits of the case. The action precautionary principle in resolving the case before it.
shall proceed in accordance with the Rules of Court.
The constitutional right of the people to a balanced and
healthful ecology shall be given the benefit of the doubt.
c. Procedure

i. In Civil Cases (Rule 6)
ii. Standards of Application
Section 2. SLAPP as a defense; how alleged. - In a SLAPP
Section 2. Standards for application. - In applying the
filed against a person involved in the enforcement of
precautionary principle, the following factors, among others,
environmental laws, protection of the environment, or
may be considered: (1) threats to human life or health; (2)
assertion of environmental rights, the defendant may file an
inequity to present or future generations; or (3) prejudice to the
answer interposing as a defense that the case is a SLAPP and
environment without legal consideration of the environmental
shall be supported by documents, affidavits, papers and other
rights of those affected.
evidence; and, by way of counterclaim, pray for damages,
attorney’s fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an International Service v Greenpeace, supra (Vol II, 55)
opposition showing the suit is not a SLAPP, attaching evidence

in support thereof, within a non-extendible period of five (5)
days from receipt of notice that an answer has been filed. 065 Mosqueda v Pilipino Banana Growers and Exporters, 189185
(2016)
The defense of a SLAPP shall be set for hearing by the court
after issuance of the order to file an opposition within fifteen ● The petitioners finally plead that the Court should look
(15) days from filing of the comment or the lapse of the period. at the merits of the ordinance based on the
Section 3. Summary hearing. - The hearing on the defense of precautionary principle. They argue that under the
a SLAPP shall be summary in nature. The parties must submit precautionary principle, the City of Davao is justified in



enacting Ordinance No. 0309-07 in order to prevent

Section 2. Entries in official records. - Entries in official
harm to the environment and human health despite the
records made in the performance of his duty by a public officer
lack of scientific certainty. of the Philippines, or by a person in performance of a duty
ISSUE specially enjoined by law, are prima facie evidence of the facts
Whether or not the precautionary principle is applicable in the case therein stated.
at bar.
HELD
NO. In this jurisdiction, the principle of precaution appearing in iii. Suppletory Application of Rules of Court
the Rules of Procedure for Environmental Cases (A.M. No.
09-6-8-SC) involves matters of evidence in cases where there is Section 2 Rule 22. Application of the Rules of Court. - The
Rules of Court shall apply in a suppletory manner, except as
lack of full scientific certainty in establishing a causal link
otherwise provided herein.
between human activity and environmental effect.[156] In such an
event, the courts may construe a set of facts as warranting either
judicial action or inaction with the goal of preserving and
protecting the environment.[157] Prefinal Pointers

It is notable, therefore, that the precautionary principle shall only

be relevant if there is concurrence of three elements, namely:
(1) uncertainty, 1. Regalian Doctrine; definition and effects
(2) threat of environmental damage and
(3) serious or irreversible harm. Under Section 2, Article XII of the Constitution,[10] which embodies
In situations where the threat is relatively certain, or that the the Regalian doctrine, all lands of the public domain belong to the
causal link between an action and environmental damage can be State - the source of any asserted right to ownership of land.[11]
established, or the probability of occurrence can be calculated, All lands not appearing to be clearly of private dominion
presumptively belong to the State.
only preventive, not precautionary measures, may be taken.
Neither will the precautionary principle apply if there is no
indication of a threat of environmental harm; or if the threatened 2. Definition of Small-scale Mining
harm is trivial or easily reversible.[158]
We cannot see the presence of all the elements. To begin with, "Small-scale mining" refers to mining activities which rely heavily
there has been no scientific study. Although the precautionary on manual labor using simple implement and methods and do
principle allows lack of full scientific certainty in establishing a not use explosives or heavy mining equipment;
connection between the serious or irreversible harm and the

human activity, its application is still premised on empirical
studies. Scientific analysis is still a necessary basis for effective 3. Rules of Application between RA 7076 and PD 1899
policy choices under the precautionary principle.
The only study conducted to validate the effects of aerial PD 1899 applies to individuals, partnerships and corporations
spraying appears to be the Summary Report on the Assessment while RA 7076 applies to cooperatives.
and Fact-Finding Activities on the Issue of Aerial Spraying in By imposing the annual production limit of 50,000 DMT to both
Banana Plantations.[164] Yet, the fact-finding team that generated SSMPs issued under PD 1899 and Small-Scale Mining Contracts
the report was not a scientific study that could justify the resort (SSMCs) under RA 7076, the DENR harmonized the two laws.
to the .precautionary principle.
We should not apply the precautionary approach in sustaining the
ban against aerial spraying if little or nothing is known of the 4. Declaration of a minahang bayan
exact or potential dangers that aerial spraying may bring to the
health of the residents within and near the plantations and to the "Minahang Bayan" or "People's Small-Scale Mining Area" refers to
integrity and balance of the environment. It is dangerous to the entire area declared as People's Small-Scale Mining Area
quickly presume that the effects of aerial spraying would be pursuant to RA No. 7076;
adverse even in the absence of evidence. Accordingly, for lack of Procedure:
scientific data supporting a ban on aerial spraying, Ordinance No. a. The interested party shall file with the Board a petition or
0309-07 should be struck down for being unreasonable. request for declaration of an area as Minahang Bayan,
specifying therein the coverage of the proposed area
b. Documentary Evidence (Rule 21) described in geographic coordinates of at least four (4)
i. Documentary Evidence corners of the proposed area(s) following the meridional
block system under Section 11 hereof. Within fifteen
Section 1. Photographic, video and similar evidence. - (15) days upon receipt of the petition or request, the
Photographs, videos and similar evidence of events, acts, Board shall forward the same to the Regional Office
transactions of wildlife, wildlife by-products or derivatives, concerned.
forest products or mineral resources subject of a case shall be
In some cases, the Regional Office concerned may
admissible when authenticated by the person who took the
same, by some other person present when said evidence was recommend to the Board other areas for possible
taken, or by any other person competent to testify on the declaration as Minahang Bayan.
accuracy thereof. b. The Regional Office concerned, upon receipt of the
petition or request for declaration of an area as
Minahang Bayan, shall check in its control map the
ii. Entries in Official Records status of the proposed area vis-a-vis the prior and
existing mining rights and applications, as well as areas



closed to mining applications pursuant to the pertinent be appealed to the Secretary within fifteen (15) days
provisions of the EO and its implementing rules and from receipt of the decision of the Board.
regulations. It shall, thereafter, evaluate the said area if it h. In the case of an opposition of a private landowner, said
is technically and economically viable for small-scale opposition shall be filed within fifteen (15) days from
mining, taking into consideration, among others, the receipt of the notice, with the Board for resolution. The
necessary allocation for a mineral processing zone, if Board shall act on the opposition within fifteen (15) days
mineral processing shall be conducted. after it is submitted for resolution. The decision of the
Within fifteen (15) days from receipt of the pertinent Board may be appealed to the Secretary within fifteen
petition or request, the Regional Office shall forward the (15) days from receipt of the decision of the Board.
result of its evaluation thereof to the Secretary, through i. In case of an opposition of a Sanggunian concerned,
the Director, for initial review. The Director shall said opposition shall be Bled within fifteen (15) days
from receipt of the notice, with the Board for resolution.
immediately inform the Regional Office about the result
of said initial review, who shall subsequently forward the The Board shall act on the opposition within fifteen (15)
said result to the Board, for consideration. days after it is submitted for resolution. The decision of
the Board may be appealed to the Secretary within
c. In case the proposed area is situated inside areas fifteen (15) days from receipt of the decision of the
closed to mining applications, the Board shall deny the Board.
petition or request. j. Where no adverse claim, protest or opposition is Bled
d. In case the proposed area is in conflict with existing within the ten (10)- day prescribed period, or upon Bnal
mining permit(s)/contract(s) or mining application(s) resolution of the adverse claim, protest or opposition in
falling within the categories enumerated in paragraphs favor of the petitioner, the Board shall forward, within
(b) and (c) of Section 8 hereof, the Board shall formally fifteen (15) days upon receipt of all the certificates of
notify the holder(s) of mining permit(s)/contract(s) or compliance with the publication and posting
mining applicant(s) concerned of the proposed requirements, all the pertinent documents for the
Minahang Bayan and require them to submit their declaration of the proposed Minahang Bayan to the
comment(s) within fifteen (15) days from receipt of the Secretary thru the Director, for review.
notice, copy furnished the petitioner. k. If the above requirements are fully complied with, the
e. In case the proposed area covers private land(s) as Secretary shall clear the declaration of the proposed
cited in paragraph (d) of Section 8 hereof, the Board Minahang Bayan, without prejudice to the final
shall formally notify the landowner(s) or lawful resolution of any of the above oppositions.
possessor(s) concerned of the proposed Minahang l. Upon receipt of the clearance from the Secretary, the
Bayan and require them to submit their comment(s) Board shall require the petitioner to secure and submit
within fifteen (15) days upon receipt of the notice, copy an ECC for the entire Minahang Bayan.
furnished the petitioner. m. Within seven (7) days from receipt of the ECC, the Board
f. In case the proposed area is found to have no prior and shall declare the proposed Minahang Bayan: Provided,
existing mining permits/contracts and mining That the area shall be excised from any affected mining
applications, and is not situated in areas closed to permit/contract or mining application: Provided, further,
mining application, the Board shall prepare and cause That if the Minahang Bayan is not declared within one
the posting of the notice of the proposed Minahang (1) year from receipt of the clearance from the
Bayan on the bulletin boards of the Regional Office Secretary, the petition shall be denied. The Board shall
concerned and Offices of the Provincial Governor and cause the posting of the notice of declaration of the
Municipal/City Mayor concerned, for seven (7) days, Minahang Bayan on the bulletin boards of the Regional
copy furnished the Barangay(s) concerned. Where Office concerned and Offices of the Provincial Governor
necessary, the Notice shall be in a language generally and Municipal/City Mayor concerned, for seven (7) days,
understood in the locality concerned where it is posted. copy furnished the Barangay(s) concerned. Where
The Board shall also cause the publication of the same necessary, the notice of declaration shall be in a
notice once in a newspaper of local or national language generally understood in the locality concerned
circulation. The petitioner shall shoulder the cost of where it is posted. The Board shall also cause the
publication. The Board shall forward a copy of the notice publication of the same declaration once in a
to the NCIP with the request for issuance of a Certificate newspaper of local or national circulation. The Board
of Non-Overlap or Compliance Certificate, as the case shall provide a copy of the declaration to the Bureau
may be, pursuant to the pertinent provisions of RA No. within seven (7) days upon declaration. The petitioner
8371. The Board shall also forward a copy of the notice shall shoulder the cost of publication.
to all the Sanggunian concerned, for the purpose of the n. The Board shall accept applications for small-scale
pertinent provisions of Sections 26. and 27 of RA No. mining contracts immediately after the seven (7)-day
7160. At least the majority of the Sanggunian concerned posting and one (1)-day publication period: Provided,
shall endorse the declaration of the proposed Minahang That for Minahang Bayan within areas subject of
Bayan. Section 8 (e) hereof, only applications by small-scale
g. Within five (5) days from the last date of posting and miners whose members are part of the ICC therein shall
publication, the authorized officer(s) of the office(s) be accepted within the first thirty (30) days, while only
concerned and the publisher of the newspaper applications by small-scale miners whose members are
concerned shall issue a certification(s) that the posting not part of the ICC but are residents of the province or
and publication requirements have been complied with. city where the Minahang Bayan is located shall be
Any adverse claim, protest or opposition shall be Bled accepted within the next thirty (30) days: Provided,
directly, within ten (10) days from the date of publication further, That for Minahang Bayan outside areas subject
or from the last date of posting, with the Board for of Section 8 (e) hereof, only applications by small-scale
resolution. The Board shall act on the adverse claim, miners residing in the province or city where the
protest or opposition within fifteen (15) days after it is Minahang Bayan is located shall be accepted within the
submitted for resolution. The decision of the Board may first thirty (30) days.



large-scale exploration, development and utilization of mineral

resources.
5. Distinction between LICENSE and REGISTRATION under the
PSSMA (People’s Small-Scale Mining Act)
9. Assignment or Transfer of EPs, MAs, and FTAAs
"License" refers to the privilege granted to a person to
legitimately pursue his occupation as a small-scale miner or An exploration permit may be transferred or assigned to a
processor under this Act; qualified person subject to the approval of the Secretary upon the
Registration of Small-scale Miners. – All persons undertaking recommendation of the Director.
small-scale mining activities shall register as miners with the Any assignment or transfer of rights and obligations under any
Board and may organize themselves into cooperatives in order to mineral agreement except a financial or technical assistance
qualify for the awarding of a people's small-scale mining agreement shall be subject to the prior approval of the Secretary.
contract. Such assignment or transfer shall be deemed automatically
approved if not acted upon by the Secretary within thirty (30)
working days from official receipt thereof, unless patently
6. The Provincial or City Mining Regulatory Board unconstitutional or illegal.

A financial or technical assistance agreement may be assigned
It shall be the implementing agency of the Department, and shall
or transferred, in whole or in part, to a qualified person subject to
exercise the following powers and functions, subject to review by
the prior approval of the President: Provided, That the President
the Secretary:
shall notify Congress of every financial or technical assistance
(a) Declare and segregate existing gold-rush areas for agreement assigned or converted in accordance with this
small-scale mining; provision within thirty (30) days from the date of the approval
(b) Reserve future gold and other mining areas for thereof.
small-scale mining;

(c) Award contracts to small-scale miners;
(d) Formulate and implement rules and regulations related 10. Qualified Person under the PH Mining Act
to small-scale mining;
(e) Settle disputes, conflicts or litigations over conflicting
Qualified person means any citizen of the Philippines with
claims within a people's small-scale mining area, an
capacity to contract, or a corporation, partnership, association, or
area that is declared a small-mining; and
cooperative organized or authorized for the purpose of engaging in
(f) Perform such other functions as may be necessary to
miring, with technical and financial capability to undertake mineral
achieve the goals and objectives of this Act.
resources development and duly registered in accordance with law
at least sixty per centum (60%) of the capital of which is owned by
citizens of the Philippines: Provided, That a legally organized
7. Effect of Regalian Doctrine to perfected mining claims and
foreign-owned corporation shall be deemed a qualified person for
rights under PH Bill of 1902
purposes of granting an exploration permit, financial or technical
assistance agreement or mineral processing permit.
Even under P.D. 463 which was enacted in 1974, the possessory

rights of mining claim holders under the Philippine Bill of 1902
remained effective for as long as said holders complied with the 11. Auxiliary Mining Rights
annual actual work requirement. But on October 14, 1977, P.D.
No. 1214 required all the holders of unpatented mining claims to
a. Timber Rights. a contractor may be granted a right to
secure mining lease contracts under P.D. No. 463. Faced with
cut trees or timber within his mining area as may be
thegrave consequence of forfeiture of all their rights to their
necessary for his mining operations;
claims, holders of subsisting and valid patentable mining claims b. Water Rights. upon approval of application with the
located under the Philippine Bill of 1902 were to file mining lease appropriate government agency;
applications therefor within one (1) year from the effectivity of c. Right to Possess Explosives. as may be necessary for
the said decree.[34] The filing of such mining lease applications his mining operations upon approval of application with
was considered a waiver of the holders’ rights to the issuance of the appropriate government agency;
mining patents for their claims.[35] Corollarily, non-filing of d. Easement Rights. When mining areas are so situated
applications for mining lease by the holders thereof within the that for purposes of more convenient mining operations
one-year period would cause the forfeiture of all their rights to it is necessary to build, construct or install on the mining
their claims. (Atok Big-Wedge Mining v IAC) areas or lands owned, occupied or leased by other
persons, such infrastructure as roads, railroads, mills,
waste dump sites, tailings ponds, warehouses, staging
8. Exploration Permit; Mineral Agreements; FTAA or storage areas and port facilities, tramways, runways,
airports, electric transmission, telephone or telegraph
An exploration permit grants the right to conduct exploration for lines, dams and their normal flood and catchment areas,
all minerals in specified areas. The Bureau shall have the sites for water wells, ditches, canals, new river beds,
authority to grant an exploration Permit to a qualified person. pipelines, flumes, cuts, shafts, tunnels, or mills, the
contractor, upon payment of just compensation, shall be
Mineral Agreement means a contract between the
entitled to enter and occupy said mining areas or lands;
government and a contractor, involving mineral
e. Entry into Private Lands and Concession Areas. Subject
production-sharing agreement, co-production agreement, or
to prior notification, holders of mining rights shall not be
joint-venture agreement.
prevented from entry into private lands and concession
"Financial or Technical Assistance Agreement (FTAA)" areas by surface owners, occupants, or concessionaires
means a contract involving financial or technical assistance for when conducting mining operations therein.



12. Mining Dispute under PH Mining Act Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts involving

enforcement or violations of environmental and other related
a. Disputes involving rights to mining areas;
laws, rules and regulations xxxx and other existing laws that
b. Disputes involving mineral agreements or permits;
relate to the conservation, development, preservation, protection
c. Disputes involving surface owners, occupants and
and utilization of the environment and natural resources.
claimholders/concessionaires; and
d. Disputes pending before the Bureau and the Department
at the date of the effectivity of this Act.
17. Legal Standing

13. Sec 76 of PH Mining Act as a “Taking Provision” Any real party in interest, including the government and juridical
entities authorized by law, may file a civil action involving the

enforcement or violation of any environmental law. (Sec 4 Rule 2)
Considering that Section 1 of Presidential Decree No. 512
granted the qualified mining operators the authority to exercise The need to give the Resident Marine Mammals legal standing
eminent domain and since this grant of authority is deemed has been eliminated by our Rules, which allow any Filipino citizen,
incorporated in Section 76 of Rep. Act No. 7942, the inescapable as a steward of nature, to bring a suit to enforce our
conclusion is that the latter provision is a taking provision. environmental laws. It is worth noting here that the Stewards are
While this Court declares that the assailed provision is a taking joined as real parties in the Petition and not just in representation
provision, this does not mean that it is unconstitutional on the of the named cetacean species. The Stewards, Ramos and
ground that it allows taking of private property without the Eisma-Osorio, having shown in their petition that there may be
determination of public use and the payment of just possible violations of laws concerning the habitat of the Resident
compensation. Marine Mammals, are therefore declared to possess the legal
Mining industry plays a pivotal role in the economic development standing to file this petition. (Resident Marine Mammals v Reyes)
of the country and is a vital tool in the government’s thrust of
accelerated recovery.[45] The importance of the mining industry 18. Citizen Suit under ESWMA and Clean Air Act
for national development is expressed in Presidential Decree No.

463. Irrefragably, mining is an industry which is of public
COMMON PROVISION:
benefit.(Didipio Earth Savers’ MPC v Gozun)
For purposes of enforcing the provisions of this Act or its

implementing rules and regulations, any citizen may file an
14. Panel of Arbitrators and Just Compensation appropriate civil, criminal or administrative action in the proper
courts against:
Although Section 105 confers upon the Panel of Arbitrators the (a) Any person who violates or fails to comply with the
authority to decide cases where surface owners, occupants, provisions of this Act or its implementing rules and
concessionaires refuse permit holders entry, thus, necessitating regulations; or
involuntary taking, this does not mean that the determination of (b) The Department or other implementing agencies with
the just compensation by the Panel of Arbitrators or the Mines respect to orders, rules and regulations issued
Adjudication Board is final and conclusive. The determination inconsistent with this Act; and/or
is only preliminary unless accepted by all parties concerned. (c) Any public officer who willfully or grossly neglects the
There is nothing wrong with the grant of primary jurisdiction by performance of an act specifically enjoined as a duty by
the Panel of Arbitrators or the Mines Adjudication Board to this Act or its implementing rules and regulations; or
determine in a preliminary matter the reasonable compensation abuses his authority in the performance of his duty; or,
due the affected landowners or occupants.[52] The original and in any manner, improperly performs his duties under this
exclusive jurisdiction of the courts to decide determination of Act or its implementing rules and regulations: Provided,
just compensation remains intact despite the preliminary however, That no suit can be filed until thirty-day (30)
determination made by the administrative agency. notice has been taken thereon.
The court shall exempt such action from the payment of filing
fees, except fees for actions not capable of pecuniary
15. Appeal from Panel of Arbitrators and Mining Adjudication
estimations, and shall likewise, upon prima facie showing of the
Board
non-enforcement or violation complained of, exempt the plaintiff
from the filing of an injunction bond for the issuance of a
The decision or order of the panel of arbitrators may be appealed preliminary injunction.
by the party not satisfied thereto to the Mines Adjudication Board
within fifteen (15) days from receipt thereof which must decide Clean Air Act: Within thirty (30) days, the court shall make a
the case within thirty (30) days from submission thereof for determination if the complaint herein is malicious and/or
decision. (Sec 78 RA 7942) baseless and shall accordingly dismiss the action and award
attorney's fees and damages.
While Section 79 of the Philippine Mining Act of 1995 provides
that petitions for review of MAB decisions are to be brought Ecological Solid Waste Management Act: In the event that the
citizen should prevail, the Court shall award reasonable attorney's
directly to the Supreme Court, the MAB is a quasi-judicial agency
fees, moral damages and litigation costs as appropriate.
whose decisions should be brought to the CA via Rule 43. (Carpio
v Sulu Resources)

19. Initiation of Civil Action under RPEC; Responsive Pleading
16. Scope and Application of RPEC thereto

These Rules shall govern the procedure in civil, criminal and The pleadings and motions that may be filed are complaint,
special civil actions before the Regional Trial Courts, answer which may include compulsory counterclaim and



cross-claim, motion for intervention, motion for discovery and preservation or rehabilitation of the environment and the
motion for reconsideration of the judgment. payment of attorney’s fees, costs of suit and other litigation
Motion for postponement, motion for new trial and petition for expenses. It may also require the violator to submit a program of
relief from judgment shall be allowed in highly meritorious cases rehabilitation or restoration of the environment, the costs of
or to prevent a manifest miscarriage of justice. 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.
The verified complaint shall contain the names of the parties,

their addresses, the cause of action and the reliefs prayed for.
The plaintiff shall attach to the verified complaint all evidence 24. Appeal and Execution of Civil Action
proving or supporting the cause of action consisting of the
affidavits of witnesses, documentary evidence and if possible, Judgment not stayed by appeal. - Any judgment directing the
object evidence. The affidavits shall be in question and answer performance of acts for the protection, preservation or
form and shall comply with the rules of admissibility of evidence. rehabilitation of the environment shall be executory pending
The complaint shall state that it is an environmental case appeal unless restrained by the appellate court.
and the law involved. The complaint shall also include a Permanent EPO; writ of continuing mandamus. - In the judgment,
certification against forum shopping. If the complaint is not an the court may convert the TEPO to a permanent EPO or issue a
environmental complaint, the presiding judge shall refer it to the writ of continuing mandamus directing the performance of acts
executive judge for re-raffle. which shall be effective until the judgment is fully satisfied.
Monitoring of compliance with judgment and orders of the court
by a commissioner. - The court may motu proprio, or upon motion
20. Pre-Trial Conference of the prevailing party, order that the enforcement of the
judgment or order be referred to a commissioner to be appointed
The judge shall put the parties and their counsels under oath, and by the court. The commissioner shall file with the court written
they shall remain under oath in all pre-trial conferences. progress reports on a quarterly basis or more frequently when
The judge shall exert best efforts to persuade the parties to arrive necessary.
at a settlement of the dispute. The judge may issue a consent Return of writ of execution. - The process of execution shall
decree approving the agreement between the parties in terminate upon a sufficient showing that the decision or order
accordance with law, morals, public order and public policy to has been implemented to the satisfaction of the court in
protect the right of the people to a balanced and healthful accordance with Section 14, Rule 39 of the Rules of Court.
ecology.
Evidence not presented during the pre-trial, except
newly-discovered evidence, shall be deemed waived. 25. Writ of Kalikasan; when available

The writ is a remedy available to
21. Consent Decree a. a natural or juridical person, entity authorized by law,
b. people’s organization,
Consent decree refers to a judicially-approved settlement c. non-governmental organization, or
between concerned parties based on public interest and public d. any public interest group accredited by or registered
policy to protect and preserve the environment. with any government agency,
on behalf of persons whose constitutional right to a balanced
and healthful ecology is violated, or threatened with violation by
22. Continuous Trial Rule, One-day Examination of Witness Rule an unlawful act or omission of a public official or employee, or
private individual or entity, involving environmental damage of
Section 1. Continuous trial. - The judge shall conduct such magnitude as to prejudice the life, health or property of
continuous trial which shall not exceed two (2) months from inhabitants in two or more cities or provinces.
the date of the issuance of the pre-trial order.
Before the expiration of the two-month period, the judge may
26. Jurisdiction in Writ of Kalikasan
ask the Supreme Court for the extension of the trial period for
justifiable cause.
The petition shall be filed with the Supreme Court or with any of
the stations of the Court of Appeals.
Section 3. One-day examination of witness rule. - The court

shall strictly adhere to the rule that a witness has to be fully 27. How to Initiate Writ of Kalikasan; Verified Returns Thereto
examined in one (1) day, subject to the court’s discretion of

extending the examination for justifiable reason. After the
The verified petition shall contain the following:
presentation of the last witness, only oral offer of evidence
shall be allowed, and the opposing party shall immediately
interpose his objections. The judge shall forthwith rule on the (a) The personal circumstances of the petitioner;
offer of evidence in open court. (b) The name and personal circumstances of the
respondent or if the name and personal circumstances

are unknown and uncertain, the respondent may be
23. Judgment in Civil Action described by an assumed appellation;
(c) The environmental law, rule or regulation violated or
Reliefs in a citizen suit. - If warranted, the court may grant to the threatened to be violated, the act or omission
plaintiff proper reliefs which shall include the protection, complained of, and the environmental damage of such



magnitude as to prejudice the life, health or property of other conditions to protect the constitutional rights of all
inhabitants in two or more cities or provinces. parties.
(d) All relevant and material evidence consisting of the
(b) Production or inspection of documents or things;
affidavits of witnesses, documentary evidence, scientific
order – The motion must show that a production order
or other expert studies, and if possible, object evidence;
is necessary to establish the magnitude of the violation
(e) The certification of petitioner under oath that:
or the threat as to prejudice the life, health or property of
(1) petitioner has not commenced any action or
inhabitants in two or more cities or provinces.
filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency, and no After hearing, the court may order any person in
such other action or claim is pending therein; possession, custody or control of any designated
(2) if there is such other pending action or claim, a documents, papers, books, accounts, letters,
complete statement of its present status; photographs, objects or tangible things, or objects in
(3) if petitioner should learn that the same or digitized or electronic form, which constitute or contain
similar action or claim has been filed or is evidence relevant to the petition or the return, to produce
pending, petitioner shall report to the court that and permit their inspection, copying or photographing by
fact within five (5) days therefrom; and or on behalf of the movant.
(f) The reliefs prayed for which may include a prayer for the The production order shall specify the person or
issuance of a TEPO. persons authorized to make the production and the
The petitioner shall be exempt from the payment of docket fees. date, time, place and manner of making the inspection
Within three (3) days from the date of filing of the petition, if the or production and may prescribe other conditions to
petition is sufficient in form and substance, the court shall give protect the constitutional rights of all parties.
an order:
(a) issuing the writ; and
29. Judgment and Reliefs under Writ of Kalikasan; Appeal
(b) requiring the respondent to file a verified return as
thereto
provided in Section 8 of this Rule.

The clerk of court shall forthwith issue the writ under the seal of Within sixty (60) days from the time the petition is submitted for
the court including the issuance of a cease and desist order and decision, the court shall render judgment granting or denying the
other temporary reliefs effective until further order. privilege of the writ of kalikasan.
Within a non-extendible period of ten (10) days after service of
The reliefs that may be granted under the writ are the following:
the writ, the respondent shall file a verified return which shall
contain all defenses to show that respondent did not violate or (a) Directing respondent to permanently cease and desist
threaten to violate, or allow the violation of any environmental from committing acts or neglecting the performance of
law, rule or regulation or commit any act resulting to a duty in violation of environmental laws resulting in
environmental damage of such magnitude as to prejudice the life, environmental destruction or damage;
health or property of inhabitants in two or more cities or (b) Directing the respondent public official, government
provinces. agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;
All defenses not raised in the return shall be deemed waived. (c) Directing the respondent public official, government
The return shall include affidavits of witnesses, documentary agency, private person or entity to monitor strict
evidence, scientific or other expert studies, and if possible, object compliance with the decision and orders of the court;
evidence, in support of the defense of the respondent. (d) Directing the respondent public official, government
A general denial of allegations in the petition shall be considered agency, or private person or entity to make periodic
as an admission thereof. 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
28. Procedure in Availing of Discovery Measures
environment, except the award of damages to

individual petitioners.
A party may file a verified motion for the following reliefs:
Within fifteen (15) days from the date of notice of the adverse
(a) Ocular Inspection; order — The motion must show
judgment or denial of motion for reconsideration, any party may
that an ocular inspection order is necessary to establish
appeal to the Supreme Court under Rule 45 of the Rules of Court.
the magnitude of the violation or the threat as to
The appeal may raise questions of fact.
prejudice the life, health or property of inhabitants in two
or more cities or provinces. It shall state in detail the
place or places to be inspected. It shall be supported by
affidavits of witnesses having personal knowledge of 30. Writ of Continuing Mandamus; When available, who may file,
the violation or threatened violation of environmental where to file
law.
When any agency or instrumentality of the government or officer
After hearing, the court may order any person in
thereof
possession or control of a designated land or other
property to permit entry for the purpose of inspecting or a. unlawfully neglects the performance of an act which
photographing the property or any relevant object or the law specifically enjoins as a duty resulting from an
operation thereon. office, trust or station in connection with the
enforcement or violation of an environmental law rule or
The order shall specify the person or persons authorized
regulation or a right therein, or
to make the inspection and the date, time, place and
b. unlawfully excludes another from the use or enjoyment
manner of making the inspection and may prescribe
of such right



and there is no other plain, speedy and adequate remedy in the
ordinary course of law, the person aggrieved thereby may file a It is effective for only seventy-two (72) hours from date of the
verified petition in the proper court, alleging the facts with receipt of the TEPO by the party or person enjoined.
certainty, attaching thereto supporting evidence, specifying that

the petition concerns an environmental law, rule or regulation,
and praying that judgment be rendered commanding the 34. SLAPP; nature and purpose, applicability
respondent to do an act or series of acts until the judgment is
fully satisfied, and to pay damages sustained by the petitioner by
Strategic lawsuit against public participation. A legal action filed
reason of the malicious neglect to perform the duties of the
to harass, vex, exert undue pressure or stifle any legal recourse
respondent, under the law, rules or regulations. The petition shall
that any person, institution or the government has taken or may
also contain a sworn certification of non-forum shopping.
take in the enforcement of environmental laws, protection of the
The petition shall be filed with the Regional Trial Court exercising environment or assertion of environmental rights shall be treated
jurisdiction over the territory where the actionable neglect or as a SLAPP and shall be governed by these Rules.
omission occurred or with the Court of Appeals or the Supreme
In a SLAPP filed against a person involved in the enforcement of
Court.
environmental laws, protection of the environment, or assertion
of environmental rights, the defendant may file an answer
interposing as a defense that the case is a SLAPP and shall be
31. Damages in Criminal Actions supported by documents, affidavits, papers and other evidence;
and, by way of counterclaim, pray for damages, attorney’s fees
In case civil liability is imposed or damages are awarded, the and costs of suit.
filing and other legal fees shall be imposed on said award in
The court shall direct the plaintiff or adverse party to file an
accordance with Rule 141 of the Rules of Court, and the fees
opposition showing the suit is not a SLAPP, attaching evidence in
shall constitute a first lien on the judgment award. The damages
support thereof, within a non-extendible period of five (5) days
awarded in cases where there is no private offended party, less
from receipt of notice that an answer has been filed.
the filing fees, shall accrue to the funds of the agency charged
with the implementation of the environmental law violated. The The defense of a SLAPP shall be set for hearing by the court after
award shall be used for the restoration and rehabilitation of the issuance of the order to file an opposition within fifteen (15) days
environment adversely affected. from filing of the comment or the lapse of the period.

32. TEPO; who may issue, who may lift/dissolve, grounds for 35. Burden of Evidence when SLAPP is invoked
issuance and dissolution
The party seeking the dismissal of the case must prove by
If it appears from the verified complaint with a prayer for the substantial evidence that his act for the enforcement of
issuance of an Environmental Protection Order (EPO) that the environmental law is a legitimate action for the protection,
matter is of extreme urgency and the applicant will suffer preservation and rehabilitation of the environment.
grave injustice and irreparable injury, the The party filing the action assailed as a SLAPP shall prove by
a. executive judge of the multiple-sala court before raffle or preponderance of evidence that the action is not a SLAPP and
b. the presiding judge of a single-sala court as the case is a valid claim.
may be,
may issue ex parte a TEPO effective for only seventy-two (72)
hours from date of the receipt of the TEPO by the party or person 36. Precautionary Principle; elements, requirements
enjoined. Within said period, the court where the case is
assigned, shall conduct a summary hearing to determine whether When there is a lack of full scientific certainty in establishing a
the TEPO may be extended until the termination of the case. causal link between human activity and environmental effect, the
court shall apply the precautionary principle in resolving the case
The court where the case is assigned, shall periodically monitor
the existence of acts that are the subject matter of the TEPO before it.
even if issued by the executive judge, and may lift the same at The constitutional right of the people to a balanced and healthful
any time as circumstances may warrant. ecology shall be given the benefit of the doubt.
The precautionary principle shall only be relevant if there is
The applicant shall be exempted from the posting of a bond for
concurrence of three elements, namely:
the issuance of a TEPO.
(1) uncertainty,
The grounds for motion to dissolve a TEPO shall be supported by (2) threat of environmental damage and
affidavits of the party or person enjoined which the applicant may (3) serious or irreversible harm.
oppose, also by affidavits. In applying the precautionary principle, the following factors,
The TEPO may be dissolved if among others, may be considered:
a. it appears after hearing that its issuance or continuance (1) threats to human life or health;
would cause irreparable damage to the party or person (2) inequity to present or future generations; or
enjoined (3) prejudice to the environment without legal consideration
b. while the applicant may be fully compensated for such of the environmental rights of those affected.
damages as he may suffer and Although the precautionary principle allows lack of full scientific
c. subject to the posting of a sufficient bond by the party or certainty in establishing a connection between the serious or
person enjoined. irreversible harm and the human activity, its application is still
premised on empirical studies. Scientific analysis is still a
necessary basis for effective policy choices under the
33. Lifespan of TEPO precautionary principle.


Environment and Natural Resources Law TEXT NOTES and CASES Full

Uploaded by

Document Information

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

Environment and Natural Resources Law TEXT NOTES and CASES Full

Uploaded by

Copyright:

Available Formats

Environment and RA 9003, Ecological Solid Waste Management Act of

050 Republic v CA and Carantes, 56948 (1987) 65

III. Rules of Procedure for Environmental Cases 69

Preﬁnal Pointers 82

I. Preliminary Considerations 001 West Tower Condominium v First Philippine Industrial

jurisdiction which is obnoxious to the orderly

Apex Mining Co v Garcia, supra (3)

iv) Forest Management Bureau ● The petitioner was granted a Timber License Agreement

proceeding further in the case pending before that

(1) Formulate and recommend an integrated research

9 To establish, enforce, coordinate, and monitor the application

HELD ● LLDA issued to petitioner a Notice of Violation.

Department of Environment and Natural Resources "shall be the

● Based on said report, Engr Morales, the City Building

SECTION 1. RULE LI. IRR. Nature and Procedure. — Subject to

(3) Region III-Department of Environment and

contamination of surface, ground, coastal and marine water environment;

EO 192. RA 7942 does not contain any provision which

024 Mead v Argel (1982)

Certiﬁcate of Non-Coverage — a certiﬁcation issued by the EMB (d) Project Categories

environment and the resulting deterioration of

9.3 Environmental Guarantee Fund

ECC Validity and Expiry: Once a project is implemented, the

Pursuant to Section 9 of P.D. 1586, non-compliance with any

A typical EIA Report has the following substantive contents:

Section 26. Duty of National Government Agencies in the

1. WON Sec 1 of PD 1889 is unconstitutional for violating

Section 13. Terms and Conditions of the Contract. – A

December 27, 1991, declaring 729 hectares of the

(1) when there is a violation of due process,

● It has been the jurisprudential trend to apply the

records required to be maintained pursuant to the

immediate threat to life, public health, safety or

with the local community through Public Scoping and

D EMB Regional Director

further, That in case of failure to Ble the declaration of i. In case of diamond drilling, the Permittee shall, upon

Mineral Agreement means a contract between the government

DENR Secretary's power to cancel mining agreements, the Court

038 Celestial Nickel Mining Exploration Corporation v Macroasia a. A ﬁrm commitment in the form of a sworn statement,

Evaluation, ﬁling, and publication requirements

Section 46. Commercial Sand and Gravel Permit.

indirectly, and impose appropriate penalties Section 101. False Statements.

control of the Department Head over bureaus and oﬃces

who shall, without authority from the Director or his authorized III. Rules of Procedure for Environmental

(3) the actual or threatened violation involves or will lead to

thereof or to submit the case to any of the alternative

show a causal link or reasonable connection with the HELD

cannot act independently on their own behalf, but can

Section 4. Resolution of the defense of a SLAPP. - The

enacting Ordinance No. 0309-07 in order to prevent

large-scale exploration, development and utilization of mineral

Section 3. One-day examination of witness rule. - The court

You might also like