Lesson 1 Basic Concepts - Autosaved - For - Students

Manuel S.
Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
GENERAL
CONCEPT OF
ENVIRONMENTAL
LAWS
DENNIS ALBERT GONZALES

FACULTY
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
• INTRODUCTION
• the pursuit of equal justice and equal protection under the law
for all environmental statutes and regulations without
discrimination based on race, ethnicity, and/or socioeconomic
status
Michael Foard Heagerty, identified that there is no standard

definitions of EJ exist. Some of the definitions enumerated are
certain recurring themes and principles…
Environmental Protection Agency (EPA) of the US,

is the fair treatment of all people, no matter what
their race, color, national origin, or income level,
in the development, implementation, and
enforcement of the laws, regulations and
policies.
Since man is the most dominant and

superior being in the environment, he is
responsible for preserving and taking good
care of the environment. Thus,
ENVIRONMENTAL LAW has evolved to
PROTECT OUR SURROUNDINGS.
Philippine Environmental Problems in Perspective
• 1. Philippine Environmental Landscape
• The Philippines is blessed with one of the world’s

richest natural resources. In fact, it belongs to an elite
list as one of the 17 megadiversity countries.
Philippine Environmental Landscape

Present Environmental Problems
Present Environmental Problems
• Environmental Problems in Philippine Waters
• The current state of water in the country has shown a rapid decline
in quality due to poor water management. The increasing number
of pollutants in the bodies of water has led to the destruction of
the country’s groundwater, lakes, rivers, and other coastal areas. In
monetary terms, the adverse impact of water pollution costs the
economy an estimated P67 billion annually.
One infamous example of water pollution
in the country’s waters is the Guimaras
Oil Spil which occurred on August 11,
2006 at the Guimaras Strait in Visayas.
The Guimaras Oil Spill is considered to
be the worst oil spill in the history of the
Philippines.35 A reported 2.1 million liters
of bunker fuel poured into the strait,
resulting in the destruction of the rich
fishing grounds in the surrounding areas
and adversely affecting the sanctuaries
and mangrove reserves in the Guimaras
Islands
• The growing problem of water pollution can be
ascribed to poor governance.
• To address these issues, it is suggested that

stricter effluent standards should be imposed
on companies and all those concerned.
• In the domestic sphere, changes must be

made in people’s lifestyles in order to place
domestic effluent under control. Most
importantly, violations of environmental laws
involving the quality of the country’s water
resources must be addressed.
Environmental Problems in Forest Lands
Deforestation in the Philippines has

reached alarming new heights. The
country’s forest cover has dropped
from 270,000 square kilometers at
the end of 1898 to only about
8,000 square kilometers in 2006.
Increasing urbanization,
commercial logging, kaingin or
slash and burn agriculture, and
forest fires all contribute to the
country’s deforestation problem
Environmental Problem of Loss of Biodiversity
Loss of biodiversity is a prevailing

problem in the country. It does not only
occur in terrestrial areas but also in our
coastal waters. The deforestation
problem of our forest lands contributes
to the loss of biodiversity in our land.
Many of the Philippines’ species, a lot

of which are endemic and depend on
the forests, are gradually becoming
extinct.
Another area which is of grave concern is
the loss of biodiversity in our coastal and marine
waters and inland water resources such as lakes,
rivers, and reservoirs. Similar to the cause of
waterpollution, effluents from agricultural, industrial,and
domestic areas all contribute to the
deterioration and pollution of our inland water
sources.
Environmental Problems in Aerial Territory
Air pollution is a serious and

pressing problem in the Philippines.
The World Health Organization rates
Manila, as the fourth largest air
polluted capital in the world next to
Mexico City, Shanghai, and New
Delhi
Air pollution is caused by two types of sources:
outdoor and indoor pollution. Outdoor air pollution is
large-scale pollution that occurs outside of people’s
homes and involves external
pollutants, such as industrial and vehicle emissions.
Indoor air pollution, on the other hand, involves
proximity to indoor air pollutants such as cigarette
smoking and cooking with solid fuels
Environmental Problems in the Mining Sector
Mining is a major industry in the

Philippines and is believed to play
a vital part in determining the
success of the country’s
economy. Besides generating
employment, which amounted to
more than 192,000 jobs at the
start of 2010, the taxes on mining
companies are major sources of
revenue for the local government
in the area
Mining in the Philippines typically consists of open pit
mining which involves the flattening of mountaintops
and the creation of huge craters. This form of mining
creates huge amounts of toxic wastes. Large-scale
gold mining also results in huge amounts of toxic
wastes as cyanide is used to separate the gold from
the ore thereby releasing potential harmful toxic
metals.
Environmental Rights as a Component of

Human rights
• After world war II, environmental destruction has
risen to an alarming level, awareness of the problem
had become a matter of worldwide concern…
• In 1972, the UN Stockholm Conference declared the
following agreements: Dangerous level of pollution on
water and air; earth and living being; major and
undesirable disturbances to the ecological balance of
the biosphere; and the destruction and depletion of the
irreplaceable resources.
Environmental Rights as a Component of

Human rights
In the Philippine Constitution, environmental
protection is stated not in the Bill of Rights under
Article III but in the Declaration of State Policies under
Article II.
Nevertheless, the right to a healthful ecology is
recognized as iron-clad and no less demandable than
those specifically enumerated in the Bill of Rights.
International Agreements
The Philippines is a party to many international environmental conventions, some of
which are stated below. Adherence to international standards is mandated in many of the
Philippine environmental statutes:
1. Stockholm Declaration of the United Nations Conference on the Human
Environment
2. Rio de Janiero Declaration on Environment and Development (Agenda 21)
3. Vienna Convention on the Protection of the Ozone Layer
4. Montreal Protocol on Substances that Deplete the Ozone Layer
5. United Nations Framework Convention on Climate Change
6. Kyoto Protocol to Global Climate Change Convention
7. Stockholm Convention on Persistent Organic Pollutants
8. Basel Convention on the Control of Transboundary Movements of Hazardous and
Wastes and their Disposal
9. Convention on International Trade in Endangered Species of Wild Flora and Fauna
Basic Principles on the right to

environment
• Sovereignty over natural resources and obligation to not cause
harm
• Principle of prevention
• Precautionary principle
• Sustainable development
• Intergenerational Equity
1. Sovereignty over natural resources and

obligation to not cause harm
• Every state of course is sovereign within its territory.
• Principle 21 of the Stockholm Declaration which is the
cornerstone of the international environmental law reflects the
principle of sovereignty over natural resources and the duty not
to cause harm
• The sovereign right over natural resources includes the right of
the States to be free from external interference. The exercise of
State sovereignty however has its limits
2. Principle of Prevention
• The principle of prevention aims to stop the environmental
damage even before it occurs or when it is critical or potential
damage may be irreversible.
• Principle of prevention encompasses only environmental harm
within a States’ own territory.
• A method by which this principle is spread out is through the
issuance of permits or authorizations. These permits fix the
conditions of administrative controls and criminal penalties.
3. Precautionary Principle
• In order to protect the environment, the precautionary approach
shall be widely applied by States according to their capabilities.
Where there are threats of irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing
cost-effective measures to prevent environmental degradation
• The principle advocates that the potential harm should be
addressed even with minimal predictability at hand.
• Example case: Dolphins vs Secretary Reyes, et al.
4. Sustainable Development
• Development of the country should meet the needs of the
present generation, yet that development should be sustainable
so that the future generations will also benefit from the
development.
• Sustainable development is the process of developing land,
cities, businesses, communities and so forth that meets the
needs of the present without compromising the ability of future
generations to meet their own needs.
5. Intergeneration Equity
• Intergenerational Equity means each generation’s responsibility
to leave an inheritance of wealth no less than what they
themselves have inherited
• Sample case: Oposa vs. Factoran where the SC said that the
minors were entitled to sue on the basis of intergenerational
responsibility. They are suing not only in their behalf as persons
who already exist and are entitled to a balanced and healthful
ecology but also for children yet unborn
Environmental Law and
the 1987 Constitution
ARTICLE II SECTION 16
The primary legal basis for protection of the
environment may be found in the 1987
Constitution, Article II, section 16 which
provides:
“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”.
ARTICLE II SECTION 15
Article II, Section 15 of the 1987

Constitution provides that “the State
shall protect and promote the right to
health of the people and instill health
conscious among them”
Clarification
The Philippine Supreme Court has held that the
Articles II, Sections 15 and 16 of the 1987
Constitution combined to create a right to a
“balanced and healthful ecology”. The Court stated
that such rights were said to exist from the inception
of mankind, but that this principle was enumerated in
the Constitution to bestow upon the State the
obligation to protect a balanced and healthful
ecology.
ARTICLE XII
Article XII of the 1987 Constitution, entitled
“National Economy and Patrimony” provides
for the efficient use and state ownership of
natural resources. One concern was likely to
protect the natural resources of the country
from foreign exploitation and domination. The
relevant provisions of Article XII are:
ARTICLE XII-Section 1
“the goals of the national economy are a
more equitable distribution of
opportunities, income and wealth… the
State shall promote industrialization and
full employment based on sound
agricultural development and agrarian
reform…”
“All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna and other
natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of
natural resources shall be under full control and supervision of
the State…The state shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone,
and reserve its use and enjoyment exclusively to Filipino citizens”.
The Section also provides that State may enter into agreements
with private citizens and/or foreign corporation to exploit natural
resources of the State.
“Lands of the public domain are
classified into agricultural, forest or
timber, mineral lands, and national
parks… Alienable lands of the public
domain shall be limited to agricultural
lands.”
“The Congress shall, as soon as possible, determine
by law, the specific limits of forest lands and national
parks, marking clearly their boundaries on the
ground. Thereafter, such forest lands and national
parks shall be conserved and may not be increased
nor diminished, except by law. The Congress shall
provide for such period as it may determine,
measures to prohibit logging in endangered forests
and watershed areas”
The State… shall protect the rights of

indigenous cultural communities to their
ancestral lands to ensure their
economic, social and cultural well
being.”
The use of property bears a social function, and all
economic agents shall contribute to the common
good. Individuals and private groups, including
corporations, cooperatives, … shall have the right to
own, establish, and operate economic enterprises,
subject to the duty of the State to promote distributive
justice and to intervene when the common good so
demands”.
International Agreements
The Philippines is a party to many international environmental conventions,
some of which are stated below. Adherence to international standards is
mandated in many of the Philippine environmental statutes:
1. Stockholm Declaration of the United Nations Conference on the Human

Environment
2. Rio de Janiero Declaration on Environment and Development (Agenda 21)
3. Vienna Convention on the Protection of the Ozone Layer
4. Montreal Protocol on Substances that Deplete the Ozone Layer
5. United Nations Framework Convention on Climate Change
6. Kyoto Protocol to Global Climate Change Convention
7. Stockholm Convention on Persistent Organic Pollutants
8. Basel Convention on the Control of Transboundary Movements of
Hazardous and Wastes and their Disposal
9. Convention on International Trade in Endangered Species of Wild Flora and
Fauna
Development of EJ in the Philippine
Legal System
• 1921 Geneva Convention
Concerning the Use of White Lead
in Painting – first international
instrument
• Since then 283 other environmental
instruments have been adopted.
Six Multilateral Environmental Agreements and Protocols
Environmental Ratification Particulars

Agreement
The 1982 United May 8, 1984 Came into force on November 16, 1994, is an
Nations international treaty that provides a
Convention on the regulatory framework for the use of the
Law of the Sea world’s seas and oceans, inter alia, to ensure
(UNCLOS), the conservation and equitable usage of
resources and the marine environment and to
ensure the protection and preservation of the
living resources of the sea. UNCLOS also
addresses such other matters as sovereignty,
rights of usage in maritime zones, and
navigational rights.
Article 194 obliges “prevent, reduce and control pollution of the marine
environment from any source”

Agreement

1985 Vienna July 17, The Vienna Convention for the Protection of the Ozone
Convention on 1991 Layer (1985) was negotiated in order to protect
the Protection of environment and thus human health against detrimental
the Ozone Layer effects of human activity which change or could change the
and 1987 ozone layer.
Montreal
protocol on Montreal Protocol on Substances that Deplete the Ozone
substances that Layer (1987). To adopt and implement world-wide
deplete ozone measures to eliminate production and use of almost 100
layer regulated substances that damage the ozone layer. The
Protocol regulates the use of substances widely known as
freons and halons and production and use of methyl
bromide. The concerned substances demonstrate unusual
stability which enables them to penetrate upper
atmosphere layers where they weaken the ozone layer
which protects the Earth from the UV radiation.

Agreement

Basel Convention October 21, Designed to eliminate the risks
on the Control of 1993 arising from the transboundary
Transboundary movements of hazardous and
Movements of other wastes. These risks include
Hazardous and those arising from the
Wastes and their transportation, handling,
Disposal disposal and recycling of waste.
Central to this process were
movements from industrial to
developing countries.

Agreement

1992 Convention on October 8, 1993 It has 3 main objectives:
Biological Diversity The conservation of
(CBD) biological diversity
The sustainable use of the
components of biological
diversity
The fair and equitable
sharing of the benefits
arising out of the
utilization of genetic
resource

Agreement

1998 Rotterdam July 31 2006 Requires exporters, trading in specific
Convention on the harmful chemicals such as Asbestos
Prior Informed (name given to a group of naturally
Consent Procedure occurring minerals used in certain
for Certain Hazardous products, such as building materials
Chemicals and and vehicle brakes, to resist heat and
Pesticides in corrosion) and Endosulfan (a pesticide
International Trade used to control insects on food and
non-food crops and also as a wood
preservative)

Agreement

2001 Stockholm February 7, The Stockholm Convention on Persistent
Convention on 2004 Organic Pollutants (POPs) is a living treaty
Persistent created to remove known and potential
Organic persistent organic pollutants from global use.
Pollutants The 2001 Stockholm Convention identified
twelve chemicals known as the “deadly dozen”
to be removed from worldwide use. These
include DDT, polychlorinated biphenyls (PCBs),
dioxins, furans, and the pesticides aldrin,
chlordane, dieldrin, endrin, heptachlor,
hexachlorobenzene (HCB), mirex and
toxaphene.
Philippines Can Apply
International Environmental Law?
Under section 2, rule 1 of the rules and procedure of
environmental cases …. Noted that the enumeration
does NOT include international environmental law.
But Philippine courts have jurisdiction over cases

involving enforcement or violation of international
environmental laws committed within the territorial
boundaries of our country.
Additional…
Only, through ratification, local
legislation or constitutional fiat,
multilateral environmental
agreement and other international
environmental agreements
become part of our national law.
Not only the six multilateral
environmental agreements have
been ratified , it is also transformed
into local legislation such as RA
6969, RA 9147, 9275 and RA 8749.
QUESTION: in case of conflict between our
law and international environmental law, which
shall prevail?
• Answer lies in the rules of pacta sunt servanda and
state responsibility under article 27 of the Vienna
convention on the Law of treaties (party must
perform its treaty obligations with good faith; thus it
may not invoke the provisions of its internal law as a
justification for its failure to perform a treaty.
ASSIGNMENT: Digest the enumerated Philippine
environmental cases
USE THIS FORMAT

• Nature of the case
• Violated laws/provisions
• Summary
• Oposa v. Factoran
• MMDA v. Concerned Citizen of Manila Bay
• Resident Marine Mammals of the Tanon Strait v. Reyes
• Mosquedo v. Pilipinio Banana Growers and Exporters
Association Inc.
Rights-based Approach
• The Rights-based Approach in Environmental Justice is reflected in various
international instruments.
• The Universal Declaration of Human Rights provides for the “right to a standard
of living adequate for health and well-being.
• The right carries with it the Right to the Environment. Later on, the Stockholm
Declaration, which is the primary document in International Environmental Law,
would state in clear and express terms the Right to the Environment.
Principle 1 of the Stockholm Declaration states:
• Man has the fundamental right to freedom, equality and

adequate conditions of life, in an environment of a quality
that permits a life of dignity and well-being, and he bears a
solemn responsibility to protect and improve the
environment for present and future generations.
• In this respect, policies promoting or perpetuating

apartheid, racial segregation, discrimination, colonial and
other forms of oppression and foreign domination stand
condemned and must be eliminated.
The Rio Declaration contained 27 principles with a goal of ensuring the
protection of the environment and promoting Sustainable
Development.
- The Rio Declaration underlines the obligations of states not to cause harm
beyond their jurisdiction, to meet the environmental needs of present and future
generations, and to consider environmental protection as an integral part of
development.
- to eradicate poverty and to give special attention to the least developed and
environmentally vulnerable countries emphasizing that in the cooperative
process, states have common but differentiated responsibilities.
• Under the Rights-based Approach, the right of persons to
environmental protection has the same level as basic human
rights.
• The adoption of this approach plays a crucial role in

litigation because persons would be allowed to litigate on the
basis of their right to a healthy environment in the same way
that they can litigate for violations of their civil and socio-
economic rights.
• Development of Environmental Justice in the
Philippines
-The Right to a Balanced and Healthful Ecology is oftentimes seen as a state policy
having been placed under Article II of the 1987 Constitution or the Declaration of
State Policies and Principles.
- The Right to the Environment also falls under the complete concept of human
rights which is sought to be protected by Section 1, Article III of the Constitution.
Section 1, Article III of the Constitution states that “No person shall be deprived of
life, liberty and property without due process of law x x x. The right to life means
the right to a good life,193 which in turn requires a sound environment.
• The Supreme Court affirmed the right to a healthy environment as an
enforceable right in Oposa v. Factoran. Addressing the issue on whether the
right to the environment constitutes a valid cause of action, the Supreme Court
stated that the right to a balanced and healthful ecology carries with it the
correlative duty to refrain from impairing the environment.
• Under Section 4 of EO No. 192, the Department of Environment and Natural

Resources (DENR) was tasked as the “primary government agency responsible
for the conservation, management, development and proper use of the country’s
environment and natural resources, specifically forest and grazing lands of the
public domain, as well as the licensing and regulation of all natural resources as
may be provided for by law in order to ensure equitable sharing of the benefits
derived therefrom for the welfare of the present and future generations of
Filipinos.
• In the justice system, the promotion of
Environmental Justice is couched in more specific
terms.
• The community is tasked to take an active participation in the promotion and
enforcement of environmental laws and in the prevention of environmental damage.
• The enforcement pillar ensures the prompt and proper enforcement of
environmental laws by the arrest of offenders and the seizure and disposition of the
prohibited goods or paraphernalia, among other things.
• The prosecution is tasked with the determination of probable cause for the filing of
an information for Environmental Law violations which are criminal in nature and
the exercise of other prosecutorial functions.
• The judiciary is tasked to promulgate rules concerning the judicial remedies
available for violations of environmental laws as well as resolve environmental
cases filed before the courts.
• Finally, penology is tasked with the commitment of violators of environmental
laws and the adoption of alternative means of sentencing offenders.

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Manuel S.

DENNIS ALBERT GONZALES

Michael Foard Heagerty, identified that there is no standard

Environmental Protection Agency (EPA) of the US,

Since man is the most dominant and

• The Philippines is blessed with one of the world’s

Philippine Environmental Landscape

• To address these issues, it is suggested that

• In the domestic sphere, changes must be

Deforestation in the Philippines has

Loss of biodiversity is a prevailing

Many of the Philippines’ species, a lot

Air pollution is a serious and

Mining is a major industry in the

Environmental Rights as a Component of

Environmental Rights as a Component of

Basic Principles on the right to

1. Sovereignty over natural resources and

“the State shall protect and advance the right

Article II, Section 15 of the 1987

The State… shall protect the rights of

1. Stockholm Declaration of the United Nations Conference on the Human

Environmental Ratification Particulars

But Philippine courts have jurisdiction over cases

USE THIS FORMAT

• Man has the fundamental right to freedom, equality and

• In this respect, policies promoting or perpetuating

• The adoption of this approach plays a crucial role in

• Under Section 4 of EO No. 192, the Department of Environment and Natural

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