COURSE OUTLINE

IN
NATURAL RESOURCES AND ENVIRONMENTAL LAW

A. DESCRIPTION

This course will discuss the basic principles in Natural Resources and Environmental
Law, their Constitutional bases, the international laws and covenants relative to the
subject, including the major jurisprudence here and abroad, as well as the implementing
laws and administrative issuances governing the topic.

B. COURSE OBJECTIVES

1. To know the basic principles on Natural Resources and Environmental Law in the
Philippines and abroad.
2. To enable the students to appreciate different legislations and pending bills on
Environmental Laws.
3. To equip students with sufficient knowledge to advocate reforms in Natural
Resources and Environmental Law topic.

C. COURSE TOPICS

1. Overview of Philippine Environmental Laws and their Constitutional Framework

2. General and Specific Environmental Laws**
3. Social Institutions affecting Natural Resources and Environmental Law
4. Rules of Procedure for Environmental Cases
5. Overview of International Environmental Laws and Covenants

D. COURSE OUTLINE

1. Natural Resources and Environment Defined.

2. Overview of Philippine Environmental Laws
3. Constitutional Framework
- Preamble, Art. I, Art. II [Secs. 15, 16 & 22], Art. XII [Secs.1-6], Art. XIII [Secs.6-7]

Cases:

Oposa v. Factoran (224 SCRA 792)

Zabal, et al. v. Duterte (G.R. No. 238467, February 12, 2019)
Hernandez v. NAPOCOR (G.R. No. 145328, March 23, 2006)
Felipe Ysmael Jr. & Co. Inc v. Deputy Executive Secretary (October 18, 1990)

- Art. I in relation to Rep. Act. No. 9522

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 Case: Magallona v. Ermita (August 16, 2011)

4. General Environmental Laws (Salient Features)

(1) PD 1151 – Philippine Environmental Policy

(2) PD 1152 - Philippine Environment Code [Secs. 17, 20, 43, 49, 53, 62]

Case: MMDA v. Concerned Citizens of Manila Bay (G.R. Nos. 171947-48, December 18,
2008)

(3) PD 1586 – Environmental Impact Statement System

See also: Proclamation 2146 (1981)

Cases: Boracay Foundation Inc. v. Province of Aklan (G.R. No. 196870, 26 June 2012)

(4) RA 9729- Climate Change Act of 2009 (as amended by RA 10174)

[Secs. 2, 3(d), (j), (k), (l), (n), 4, 5, 9-25]

5. Specific Environmental Laws

A. LAND

(1) RA 7586- National Integrated Protected Areas System Act [Secs. 2-3, 4(1,2,3), 5-
16, 20(c), (d), (p), (t), 22, as amended by RA 11038, expanded National Integrated
Protected Areas System Act

Case: PICOP Resources v. Base Metals Mining Resources Corp. (December 6, 2006)

(2) PD 705 – Revised Forestry Code (as amended by EO 277) [Secs. 2, 3(a) to (g), 15-16,
19, 20, 68, 68-A, 68-B]

Case: People v. Dator et al. (October 24, 2000)

(3) PD 1529 - Property Registration Act [Sec. 14]

(3.1) CA 141- Public Land Act (as amended by PD1073 and RA 9176) [Secs. 6, 11 to
15, 22, 33, 44, 47, 48, 118 to 119]

Cases: Heirs of Malabanan v. Republic (G.R. No. 179987, September 3, 2013)

DENR v. Yap (G.R. No. 167707, October 8, 2008)
Cruz v. NCIP (G.R. No. 135385, December 6, 2000)
Director-LMB v. CA (9324 SCRA 757)
Republic v. Lee (197 SCRA 13)

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 (4) RA 6657- Comprehensive Agrarian Reform Program (as amended by RA 9700)
[Secs. 2, 3(a), (b), (c), (f), 4, 6, 6-A, 6-B, 9, 10, 16, 17, 22, 22-A to 27, 65]

Cases: Central Mindanao University v. Executive Secretary (September 21, 2010)

CREBA v. Secretary of Agrarian Reform (G.R. No. 183409, June 18, 2010)

(5) RA 9003 – Ecological Solid Waste Management Act [Secs. 3(l), (kk), 9, 10, 21 to 24, 30,
37, 48, 49(a), 52, 53)

B. MINERALS

(1) PD 1899 – Small Scale Mining Program

(2) RA 7076 – People’s Small Scale Mining [Secs. 2, 3(b), 4 to 15, 22]
(3) RA 7942 - Philippine Mining Act [Secs. 2, 3(ae), (af), (aq), 4, 5, 8, 9, 18 to 26, 30, 32,
69, 70, 72 to 76,, 103]

Cases: Miners Association of the Philippines v. Factoran (January 16, 1995)

La Bugal -B’laan Tribal Association, Inc. v. Ramos, et al. (December 1, 2004)
PICOP Resources v. Base Metals Mining Resources Corp. (December 6, 2006)
APEX Mining v. Southeast Mindanao Gold Mining (November 20, 2009)
Diamond Drilling Corporation of the Philippines v. Crescent Mining and
Development Corporation, (G.R. Nos. 201785 & 207360, April 10, 2019)

C. WATER

Fisheries, Coastal and Marine Resources

(1) RA 3046 – Territorial baselines, amended by RA 5446, RA 9522

(2) RA 8550 – Fisheries Code, as amended by RA 10654 [Secs. 2, 3, 5, 27, 86, 91, 92, ]
(3) PD 1067- Water Code of the Philippines [Secs. 3 to 10, 13 to 15]
(4) RA 9275- Philippine Clean Water Act [Secs. 16]

Cases: Tano, et al. v. Socrates et al. (August 21, 1997)

Hizon et al v. CA (December 13, 1996)
Republic v. Dela Merced and Sons, Inc. (G.R. No. 201501, January 22, 2018)

D. AIR

RA 8749 – Philippine Clean Air Act

6. Social Institutions affecting Natural Resources and Environmental Law

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 - DENR and attached bureaus and agencies (Sec. 6 of EO 192, Series of 1987)

7. Rules of Procedure for Environmental Cases (Adm. Matter No. 09-6-8-SC)

- The Writ of Kalikasan

- Continuing Mandamus
- SLAPP cases
- Precautionary principle as rule of evidence

Cases:

Segovia et al. v. Climate Change Commission (G.R. No. 211010, March 7, 2017)
Heirs of Tunged v. Sta Lucia Realty Development Corporation (G.R. No. 231737, March 6, 2018)
Arigo v. Swift (G.R. No. 206510, September 16, 2014)

8. Overview of International Environmental Law and Covenants

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