ST.

THOMAS MORE SCHOOL OF LAW AND BUSINESS

Doctolero Ave., Tagum City, Davao del Norte

COURSE SYLLABUS ON
NATURAL RESOURCES AND ENVIRONMENTAL LAW

Course Code : NATRES (216)

Course Title : Natural Resources and Environmental Law
Credit : 3 Units
Professor : ATTY. LYNDON MELVI C. SUMIOG
E-Mail Address: lyndonmelvi.sumiog@stms.edu.ph

I. COURSE DESCRIPTION

This course is designed to assist law students in acquiring a general

knowledge of natural resources and environmental laws as well as the rules
of procedure applicable to environmental cases. At the end of the term, the
students are expected to have a working know-how of the basic principles,
policies and remedies provided for under existing Philippine environmental
laws as well as the provisions of relevant international covenants, treaties and
executive agreements.

Specifically, the course syllabus is devised and planned in such a way as to

enable the students to:

(a) understand the basic legal and constitutional concepts that underpin
Philippine natural resources and environmental law;
(b) appreciate the natural resources and environmental law governance
system of the Philippines and understand the role of key government
agencies and other actors in the system;
(c) acquire knowledge on specific areas of Philippine natural resources and
environmental law;
(d) learn and apply legal remedies available for environmental cases using
the new rules of procedure;
(e) appreciate the linkage between national laws and international
environmental laws; and
(f) acquire knowledge on specific international environmental issues such
as climate change and biological diversity, among others.

II. COURSE AND LEARNING OUTCOMES

Upon completion of this course, the students must be able to:

(a) demonstrate an understanding of the major ecological trends and the
international treaties and conventions adopted by nations to cope with
environmental changes;
(b) exhibit an understanding of the terminology, concepts, cases and
principles in Natural Resources and Environmental Law;
(c) examine issues and concerns on the effect of climate change in the
environment and discuss how existing laws can best address them;
(d) evaluate environmental laws critically; and
(e) know the application of the rules of procedure for environmental cases.

III. LEARNING SYLLABUS/TOPICS

A. SUBTANTIVE LAWS

1. Introduction
a. Philippine Environmental Perspective
b. Present Environmental Problems

2. Constitutional Policy and Framework on

Environmental Protection
i. Oposa v. Factoran
G.R. No. 101083, July 30, 1993,
ii. Metro Manila Development Authority v.
Concerned Residents of Manila Bay
iii. Resident Marine Mammals of the Tañon
Strait Protected Seascape v. Reyes
iv. Mosquedo v. Pilipino Banana Growers and
Exporters Association, Inc.
b. Preamble
c. The National Territory under Article I
i. Differentiate Imperium v. Dominium
d. Philippine Constitution, ART. II, § 16.
e. Philippine Constitution, ART. II, § 15.
i. Hernandez vs. NAPOCOR GR No. 145328
March 23, 2006
f. Bill of Rights ARTICLE III
i. Right to Due Process
ii. Right to Privacy
iii. Right to Access to Information
1. Valmonte vs. Belmonte 170 SCRA 256,
GR No. 74930 February 13, 1989
g. National Economy and Patrimony under Article XII
§ 2, 3, 4 & 5
i. Efficient use of resources
ii. State ownership of natural resources
iii. Lands of the public domain and classification
 1. Oh Cho vs. Director of Lands, 75 Phil.,
890, citing Cariño vs. Insular Government, 212
U.S. 449, 53 L. ed. 394

iv. Limits of Forest Lands and National Parks

v. The Regalian doctrine

3. Republic vs. Tri-Plus Corporation, G.R. No.

150000, September 26, 2006, 503 SCRA 91

4. Secretary of the Department of

Environment and Natural Resources vs. Yap,
G.R. Nos. 167707 and 173775, October 8,
2008, 568 SCRA 164

vi. Classifications of lands of the public domain

vii. Specific limits of forest lands and national
parks
viii. Rights of indigenous cultural communities
h. Social function of the use of property

i. Social Justice and Human Rights under Article XIII

i. Agrarian reform program
ii. Rights of subsistence fishermen to
preferential use of communal marine and
fishing resources

3. Civil Code Provisions

a. Chapter Two on Human Relations
b. Abatement of Nuisance
c. Easements
d. Torts/Quasi-Delict

4. Principles on the Right to the Environment and the

Development of Environmental Justice
a. Sovereignty Over Natural Resources and the
Obligation Not to Cause Harm
i. Principle 21 of Stockholm Declaration
b. Principle of Prevention
c. Precautionary Principle
d. Sustainable Development
i. Philippine Agenda 21
e. Intergenerational Equity
i. Oposa vs. Factoran

5. Indigenous Peoples Rights Act of 1997 IPRA LAW

6. Philippine Environmental Impact Statement System
7. PD No. 705 – Revised Forestry Code of the Philippines
 a. Merida v. People of the Philippines. G.R. No.
158182, June 12, 2008, 554 SCRA 366
b. Momongan v. Judge Omipon. A.M. No. MTJ-93-874,
March 14, 1995, 242 SCRA 332
c. Aquino v. People of the Philippines. G.R. No.
165448, July 27, 2009, 594 SCRA 50
d. Taopa v. People of the Philippines. G.R. No. 184098,
November 25, 2008, 571 SCRA 610
e. Monge v. People of the Philippines. G.R. No.
170308, March 7, 2008, 548 SCRA 42
f. Dagudag v. Paderanga. A.M. No. RTJ-06-2017,
June 19, 2008, 555 SCRA 217
g. Alvarez v. PICOP. G.R. No. 162243, November 29,
2006, 508 SCRA 498
h. Matuguina Integrated Wood Products, Inc., v. Court
of Appeals. G.R. No. 98310, October 24, 1996, 263
SCRA 490
8. RA No. 7586 – National Integrated Protected Areas
System Act of 1992 (NIPAS)
a. PICOP Resources v. Base Metals. G.R. No. 163509,
December 6, 2006, 510 SCRA 400
9. RA No. 7942 – Philippine Mining Act of 1995

10. RA No. 7076— People Small-Scale Mining Act of

1991
a. Asaphil v. Tuason. G.R. No. 134030, April 25, 2006,
488 SCRA 126
b. Didipio Earth-Savers’ Multi-Purpose Association v.
Gozun. G.R. No. 157882, March 30, 2006, 485
SCRA 586
c. La Bugal-B’Laan v. Ramos. G.R. No. 127882,
January 27, 2004, 421 SCRA 148
d. La Bugal-B’Laan v. Ramos. G.R. No. 127882,
December 1, 2004, 445 SCRA 1
e. Lepanto Consolidated Mining Co. v. WMC
Resources. G.R. No. 162331, November 20, 2006,
507 SCRA 315
f. Benguet Corp. v. DENR. G.R. No. 163101, February
13, 2008, 545 SCRA 196
11. PD No. 1067 – Water Code of the Philippines
a. Metro Iloilo Water District v. Court of Appeals. G.R.
No. 122855, March 31, 2005, 454 SCRA 249
b. Amistoso v. Ong. G.R. No. L-60219, June 29, 1984,
130 SCRA 228
c. Loney, et al. v. People of the Philippines. G.R. No.
152644, February 10, 2006, 482 SCRA 194
12. RA No. 8550 – Philippine Fisheries Code of 1998
a. Tano v. Socrates. G.R. No. 110249, August 21,
1997, 278 SCRA 154
 b. People of the Philippines v. Vergara. G.R. No.
110286, April 2, 1997, 270 SCRA 624
13. RA No. 8749 – Philippine Clean Air Act of 1999
14. INTERNATIONAL CONVENTIONS
a. Cartagena Protocol
b. Basel Convention
c. Stockholm Convention
d. Rotterdam Convention
e. Montreal Protocol
f. Kyoto Protocol

B. REMEDIAL LAWS

1. Rules of Procedure on Environmental Cases

i. Civil Procedure
ii. Criminal Procedure
2. Special Remedies
i. Strategic Lawsuit Against Public Participation (SLAPP)
ii. Writ of Kalikasan
iii. Writ of Continuing Mandamus
1. Writ of Kalikasan vs. Writ of Continuing Mandamus
2. Metropolitan Manila Development Authority v.
Concerned Residents of Manila Bay. G.R. Nos.
171947-48, December 18, 2008, 574 SCRA 661
iv. Environmental Protection Order
v. Preliminary Injunction

IV. REFERENCES

1. A Legal Arsenal for the Philippine Environment by: Antonio A.

Oposa Jr.
2. Law on Natural Resources by: Justice Oswaldo D. Agcaoili
3. Philippine Environmental Laws, Policies and Case Remedies
2016 Edition by: Atty. Alvin T. Claridades
V. TYPE OF EXAMINATION

a. Written face to face exam

VI. COURSE REQUIREMENTS

1. The student must regularly attend the class.

2. Active participation in class discussion/oral recitation is
required.
3. Each student has to take and pass all formative (quizzes, written
assignments, case digests, reports, etc.) and summative tests
(midterm/final exams). Homework must be submitted the next
meeting.