Face to face Final exam ENVILAW

June 3, 2023 (7:30-9:00 am)

Type of Exam: Multiple Choice Note: Super dali ! =)

No. of items: 1-50

Coverage; All topics discussed, Chapter 1 to Water Code of the Philippines

Pointers for Review

• Precautionary Principle - Precautionary principle states that when human. activities may lead to
threats of serious and irreversible damage to the environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish that threat. (RA No 7942 – Philippine Mining Act of
1995)

• Imperium - Imperium pertains to the government authority possessed by the State, which is
appropriately embraced in the concept of sovereignty

• Dominium - Dominuum pertains to the capacity to own and acquire property and the foundation of
the Regalian Doctrine

• Regalian Doctrine – states that all lands of the public domain belong to the State, which is the source
of any asserted right to any ownership of land. All lands not appearing to be clearly within private
ownership are presumed to belong to the State.

• Agricultural land - Land devoted to or suitable for the cultivation of the soil, planting of crops, growing
of trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such
farm products, and other farm activities and practices performed in conjunction with such farming
operations by persons whether natural or juridical and not classified by law as mineral land, forest land,
residential land, commercial land, and industrial land.

• Public Land - All land of the public domain except that have been classified as agricultural
lands and subject to management and disposition or concession under existing laws.
• IPRA - Indigenous Peoples’ Rights Act of 1997

 recognize and promote the rights of ICCs/IPs within the framework of national unity
and development;
 shall protect the rights of ICCs/IPs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of
customary laws governing property rights or relations in determining the ownership
and extent of ancestral domain;
 recognize, respect and protect the rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions. It shall consider these rights in the formulation of
national laws and policies;
 shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy
the full measure of human rights and freedoms without distinction or discrimination;
 shall take measures, with the participation of the ICCs/IPs concerned, to protect their
rights and guarantee respect for their cultural integrity, and to ensure that members
 of the ICCs/IPs benefit on an equal footing from the rights and opportunities which
national laws and regulations grant to other members of the population; and
 recognizes its obligations to respond to the strong expression of the ICCs/IPs for
cultural integrity by assuring maximum ICC/IP participation in the direction of
education, health, as well as other services of ICCs/IPs, in order to render such
services more responsive to the needs and desires of these communities.

• Classifications of lands of public domain – Alienable and disposable lands

• Strategic Lawsuit Against Public Participation - refers to an action whether civil, criminal or
administrative, brought against any person, institution or any government agency or local government
unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal
recourse that such person, institution or government agency has taken or may take in the enforcement
of environmental laws, protection of the environment or assertion of environmental rights.

• Continuing Mandamus - is directed against [a] the unlawful neglect in the performance of an act
specifically enjoined by law in connection with the enforcement/ violation of an envt’l rule or [b] the
unlawfully exclusion of another from the use or enjoyment of such right and in both instances, there is
no other plain, speedy and adequate remedy in the ordinary course of law.

 Who may file? [1] natural and juridical persons; [2] entities

authorized by law; and public organizations, non-government
organizations and public interest groups on behalf of persons
whose right to a balanced and healthful ecology is violated or
threatened to be violated.
 Where to file? RTC exercising territorial jurisdiction, or in CA,
or SC.


• jurisdiction of the Department - shall have jurisdiction over all terrestrial plant and animal species, all
turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all
amphibians and dugong.

• friar lands - Were purchased by the government for sale to actual occupants under the provisions of
Act 1120 or the Friar Lands Act

 These lands are not public lands but private and patrimonial lands of the government

• modes of disposition - (a) by homestead; (b) by special grant; (c) by sale; (d) by lease; and (e) by
confirmation of imperfect or incomplete title by judicial legalization or administrative confirmation (Free
Patent).

• Regional Technical Director

• Regional Executive Director

• Community Environment and Natural Resources Officer

• Public Agricultural land

• Public domain

• Foreshore lands

• Public forest

• Permit

• License agreement

• Kaingin

• Ancestral lands

• Timber license

• Forest Reserves

• Mangrove swamps

• Principle of Inter-generational responsibility

• The Doctrine of Primary Jurisdiction

• Exhaustion of Administrative Remedies

• activities which may be undertaken by the State in connection with its full control an supervision

• elements of abandonment

• DENR Secretary

• Mining operations

• Visitorial power DENR

• President

• Regional Executive Director

• classification of minerals:

• Environmental Compliance Certificate

• Environmental Impact Statement

• Permit or license

• Exploitation

• Exploration

• Mineral reservations

• Mining operation
• Mineral resource

• Authority of the bureau

• Areas open to mining operations

• Exploration permit

• Maximum contract area of ftaa

• Quarry resources

• Mine labor

• Panel of arbitrators

• Mining dispute

• Grounds for cancellation

• Quarrying

• Financial or technical assistance agreement

• Joint venture agreement

• Co-production agreement

• Mine waste and tailings

• Pollution control and infrastructure devices

• Quarry resources

• A mining license

• Small scale mining

• Mining Regulatory board

• Blocking system

• Coal development program

• Incentives to coal operators

• Timber and water rights

• Co-production agreement

• Mineral production sharing agreement

• Joint venture agreement

• mineral agreements.

• Mines Adjudication Board (MAB)

• Coal operators

• Petroleum

• Crude oil

• Natural gas

• Quarrying

• Refining

• Exploiting

• Exclusive economic zone

• Contiguous zone

• Territorial sea

• municipal waters

• Utilization of water

• Appropriation of water

• Use of water for recreational purposes

• National Water Resources Council

Read all the topics, there might be questions not listed in this pointers