NATRES / DMT C2026

Equitable Use; Principle of

HELLO! Integration

Precautionary Principle Aims to provide guidance in

This is a compilation of personal notes, transcripts from the development and
lecture sessions, and other reviewers. application of international
● Syllabus environmental law where
● KPB there is scientific uncertainty

Polluters Pay Costs of pollution should be

Date Last Updated: December 11, 2023 borne by person responsible
for causing pollution.

INTRODUCTION Common but differentiated Based on application of

responsibility equity and special needs of
Q: What is Environmental Law? developing countries that
According to Most Highly Qualified Publicist Sands, must be taken into account
Environmental law is the collection of laws, regulations, in development, application
agreements and common law that governs how humans and rules of international
interact with their environment. The purpose of environmental law
environmental law is to protect the environment and create
rules for how people can use natural resources.
OVERALL LEGAL FRAMEWORK
Q: What are the Basic Environmental Rights and
Principles
Principle Framework

Sovereignty over natural States have sovereign rights

resources and obligation over their natural resources;
not to cause harm Must not cause damage to
the environment.

Principle of Prevention Obligation requiring the

prevention of damage to the
environment and otherwise
to reduce, limit, control
activities which might cause
or risk such damage.

Principle of Cooperation Sic utere tuo ut alienum non

laedas (use your own
property in such a manner as
not to injure that of another)
stands for the proposition Basis Framework
that one State’s sovereign
right to use its territory is 1987 Constitution
circumscribed by an
obligation not to cause Section 16, Article II Oposa v. Factoran
injury to, or within, another Intergenerational justice and
State’s territory. responsibility

Sustainable Development States should ensure Paje v. Casiño

development and use of Writ of Kalikasan
natural resources in a
manner that is sustainable West Tower v. PIC
Precautionary Principle
Principle of intergenerational
equity; Principle of International Service v.
Sustainable Use; Principle of Greenpeace

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Section 15, Article II
Article I, National Territory
Section 1, Article XII
Section 2, Article XII
Section 3 & 4, Article XII
Sections 4,5,7,15, Article X
Section 22, Article II
Section 5, Article XII
Laws
Green Laws
Blue Laws
Brown Laws
International Agreements
UNCLOS
Rio Conference
Aarhus Convention
Basel Convention
UNFCC, Kyoto Protocol
and Paris Agreement
Precautionary Principle
Imbong v. Ochoa
Right to Health
Chavez v. PEA-AMARI
Public Lands
Osmena v. Garganera
Writ of Kalikasan, Citizen
Suit
Protection and conservation
of forests and land-based
natural resources, and
wildlife
Protection and conservation
of water, marine life, and
aquatic resources.
Pollution control and
regulation of activities that
affect the environment –
solid waste management
and environmental impact
assessments
Marin Resources, Protection
Sustainable Development
Public Participation, Access
to Information
Hazardous Wastes
Climate Change
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1987 CONSTITUTION
Section 16, Article II
The state shall protect and advance the right of the
people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature
Oposa v. Every generation has a responsibility to
Factoran the next to preserve that rhythm and
harmony for the full enjoyment of a
balanced and healthful ecology. A minor’s
assertion of their right to a sound
environment, at the same time, is the
performance of their obligation to ensure
the protection of that right for the
generations to come.
Paje v. Casiño Under Section 1 of Rule 7, the following
requisites must be present to avail of the
extraordinary remedy that is the Writ of
Kalikasan:
1. There is an actual or threatened
violation of the 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, or private
individual or entity
3. The actual or threatened violation
involves or will lead to an environmental
damage of such magnitude as to prejudice
the life, health, or property of inhabitants in
two or more cities or provinces.
Sec 1 Rule 7 of the Rules of Procedure of
West Tower v.
PIC Environmental Cases does not require that
a person be directly affected by an
environmental disaster. The rule allows
juridical persons to file a petition on behalf
of persons whose constitutional right to a
balanced and healthful ecology is violated,
or threatened.
International Precautionary Principle
Service v. 1. Risk of harm is uncertain
Greenpeace 2. Harm might be irreversible and what
may be lost is irreplaceable
3. Harm that might result will be serious
Section 15, Article II
The State shall protect and promote the right to health
of the people and instill health consciousness among
them.
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Imbong v. Petitioners claim that the drugs allowed by
Ochoa the RH bill can cause risks such as breast
and cervical cancer making
unconstitutional. This is without basis. It
also states that a petitioner only assailed
the sale of contraceptives, not the
contraceptives per se. The court ruled that
RH law would not lead to the “unmitigated
proliferation of contraceptives” because
the sale of which will still requires a
prescription from a licensed physician. The
court also ruled that Section 15, Article 2 is
self-executing.
Article I, National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters
around, between, and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines.
Section 1, Article XII
Section 2, Article XII
Chavez v. Under the 1987 Constitution, private
corporations cannot acquire alienable land
Pea-Amari
of the public domain. Reclaimed lands
comprising the Freedom Islands, which
are covered by certificates of title in the
name of PEA, are alienable lands of the
public domain
Section 3 & 4, Article XII
Sections 4,5,7,15, Article X
Section 22, Article II
The State recognizes and promotes the rights of
indigenous cultural communities within the framework
of national unity and development
Section 5, Article XII
The State, subject to the provisions of this Constitution
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and national development policies and programs, shall
protect the rights of indigenous cultural communities to
it their ancestral lands to ensure their economic, social,
and cultural well-being. The Congress may provide for
the applicability of customary laws governing property
rights or relations in determining the ownership and
extent of ancestral domain.
INTERNATIONAL AGREEMENTS
Section 2, Article II
The Philippines renounces war as an instrument of
national policy, adopts the generally accepted
principles of international law as part of the law of the
land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all
nations.
Section 21, Article VII
No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all
the Members of the Senate.
UNCLOS
It is a fundamental principle of international law that a State
cannot use its domestic law as an excuse not to conform to
its obligations under an international treaty to which it is a
party.
The Convention mandates member states to promote the
development and transfer of marine technology "on fair and
reasonable terms and conditions", with proper regard for all
legitimate interest.
Rio Declaration
This conference includes a specific commitment to ensure
information sharing and participation in decision- making. It
also tackled the rules on environment impact assessment,
ensuring that neighboring states receive necessary
information and transboundary enforcement of
environmental standards.
Aarhus Convention and Escazu Agreement
This is a multilateral environmental agreement through which
the opportunities for citizens to access environmental
information are increased and transparent and reliable
regulation procedure is secured.
It is a way of enhancing the environmental governance
network, introducing a reactive and trustworthy relationship
between civil society and governments and adding the
novelty of a mechanism created to empower the value of
public participation in the decision making process and
guarantee access to justice: a "governance-by-disclosure"
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that leads a shift toward an environmentally responsible
society
Basel Convention
The overarching objective of the Basel Convention is to
protect human health and the environment against the
adverse effects of hazardous wastes. Its scope of application
covers a wide range of wastes defined as “hazardous
wastes” based on their origin and/or composition and their
characteristics, as well as two types of wastes defined as
“other wastes” - household waste and incinerator ash. The
goal is the reduction of hazardous waste generation and the
promotion of environmentally sound management of
hazardous wastes, wherever the place of disposal.
UNFCCC, Kyoto Protocol and Paris Agreement
UNFCCC - stabilize greenhouse gasses concentrations in
the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system
Kyoto - The Kyoto Protocol is a legally binding agreement
under which industrialized countries will reduce their
collective emissions of greenhouse gases by 5.2%
compared to the year 1990 (but note that, compared to the
emissions levels that would be expected by 2010 without the
Protocol, this target represents a 29% cut). The goal is to
lower overall emissions from six greenhouse gases
Paris - The Paris Agreement central aim is to strengthen the
global response to the threat of climate change by keeping a
global temperature rise this century well below 2 degrees
Celsius above pre-ndustrial levels and to pursue efforts to
limit the temperature increase even further to 1.5 degrees
Celsius.
OVERALL INSTITUTIONAL FRAMEWORK
Institution Framework
Executive
National Government Zabal v. Duterte
Executive Power
Local Government Section 16, General Welfare
Section 22, Ecological
Balance
GOCCs and Special Bodies
Legislative
Congressional Oversight
Committee
Judiciary
Regular Courts Green Benches
C2026
Rules of Procedure
Quasi Judicial Bodies Bangus Fisherfolk v.
Lanzanas
Exhaustion of Admin
Remedies
NATIONAL GOVERNMENT
Zabal v. Duterte Executive Power; Presidential
Proclamation
Claiming that Boracay has become a cesspool, President
Duterte first made public his plan to shut it down. President
Duterte issued Proclamation No. 475 formally declaring a
state of calamity in Boracay and ordering its closure for six
months. Petitioners aver that Proclamation No. 475 unduly
impinges upon the local autonomy of affected Local
Government Units (LGUs) since it orders the said LGUs to
implement the closure of Boracay and the ban of tourists and
non-residents therefrom.
Contrary to petitioners' argument, RA 10121 (Philippine
Disaster Risk Reduction and Management Act) recognizes
and even puts a premium on the role of the LGUs in disaster
risk reduction and management as shown by the fact that a
number of the legislative policies set out in the subject
statute recognize and aim to strengthen the powers
decentralized to LGUs. The fact that other government
agencies are involved in the rehabilitation works does not
create an inference that the powers and functions of the
LGUs are being encroached upon. The government’s duty is
to enforce environmental laws and to protect the
environment. Thus, the powers and the functions of the
LGUs are not being encroached upon.
REGULAR COURTS
Green Benches – courts that handle environmental cases in
a step to improve effective resolution of environmental
disputes in the country.
QUASI-JUDICIAL BODIES
PAB (Pollution Adjudication Board) - for any pollution
matter
MAB (Mining Adjudication Board) - if pollution becomes
Mining Related
LLDA - handles any pollution permit within the Manila or
Laguna area
GREEN LAWS
Revised Forestry Code
Primary law which governs the management, utilization, use,
development, and protection of forest lands
DENR v. Yap In PD 705, all unclassified lands of the
public domain are public forest.
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National Integrated Protected Areas System (NIPAS) Act RULES OF PROCEDURE

There is a need to designate spaces and areas in the
country solely as places where wildlife, flora, and fauna can
grow, and where the rich biodiversity of the ecosystem can
be preserved. There is also a need to reserve certain areas
exclusively for the environment, and to exclude all other
forms of land use and utilization. The NIPAS is the primary
law that governs this.
BLUE LAWS
Philippine Clean Water Act
Covers industrial activities (factories, etc.) and household
use of water
Maynilad v. Sec The Public Trust Doctrine speaks of an
of Environment imposed duty upon the State and its
representative of continuing supervision
over the taking and use of appropriated
water. Thus, "[p]arties who acquired rights
in trust property [only hold] these rights
subject to the trust and, therefore, could
assert no vested right to use those rights
in a manner harmful to the trust.
The public is regarded as the beneficial
owner of trust resources, and courts can
enforce the public trust doctrine even
against the government itself
Writ of Continuing
Mandamus
Subject Matter
Unlawful neglect in the
performance of an act
which the law specifically
enjoins as a duty resulting
from an office, trust or
station in connection with
the enforcement or violation
of an environmental law
rule or regulation, or a right
therein;
Who may file
One who is personally
aggrieved by the unlawful
act or omission.
Writ of Kalikasan
An unlawful act or omission
of a public official or
employee, or private
individual or entity, involving
environmental damage of
such magnitude as to
prejudice the life, health or
property of inhabitants in two
or more cities or provinces.
A natural or juridical person
Entity authorized by law
People’s organization, NGO,
or any public interest group
accredited or registered with
any government agency

Respondent
BROWN LAWS
Government and its officers Government and its officers
Q: What is an Environmental Impact Assessment? Private individual or entity
An assessment tool that helps decision makers make and
informed decision. Process requiring the proponent to make Venue
a document wherein they know the risks and impacts and
how the proponent seeks to address it
RTC, CA, SC CA, SC

Boracay ECC Requirement: “no person...shall Damages for Personal Injury

Foundation v. undertake or operate any declared
Aklan environmentally critical project or area
Allows damages for the None may be awarded in a
without first securing an Environmental
Compliance Certificate” malicious neglect of the petition for a Writ of
performance of the legal Kalikasan; The party must
duty of the respondent institute a separate action for
Requirements with LGU BEFORE Applying for ECC the recovery of damages.
1. Prior consultation: with the affected local
communities, and
2. Prior approval: of the project by the appropriate
sanggunian.

Clean Air Act

Clean Air Act provides for a system for permitting &
regulating — whether to cause emission or not