Environmental Laws: Summary of Topics: Laws and Cases

ENVIRONMENTAL
LAWS: Recognizing the vulnerability of the Philippine archipelago

SUMMARY OF TOPICS: LAWS AND CASES and its local communities, particularly the poor, women,
---------------------------------------------------------------------------- and children, to potential dangerous consequences of
FIRST ASSIGNMENT [For Dec 14]: climate change such as rising seas, changing landscapes,
1. Climate Change increasing frequency and/or severity of droughts, fires,
2. UNFCC floods and storms, climate-related illnesses and diseases,
3. Philippines response to climate change damage to ecosystems, biodiversity loss that affect the
4. RA 9729 Climate Change Law countrys environment, culture, and economy, the State
5. RA 9367 Biofuel Act shall cooperate with the global community in the resolution
6. RA 9513 Renewable Energy of climate change issues, including disaster risk reduction. It
7. Vol. I of Bedan Journal Sovereignty [Changing shall be the policy of the State to enjoin the participation of
Concept] national and local governments, businesses,
8. General Environmental Law [Identify relevant nongovernment organizations, local communities and the
provisions in 1987 Consti Art II] public to prevent and reduce the adverse impacts of climate
9. PD 1511 Philippine Environment Policy [Brown change and, at the same time, maximize the benefits of
Legislations] climate change. It shall also be the policy of the State to
10. Fundamental Principles of Environmental Law incorporate a gender-sensitive, pro-children and pro-poor
[Draft Covenant] perspective in all climate change and renewable energy
efforts, plans and programs. In view thereof, the State shall
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - strengthen, integrate, consolidate and institutionalize
government initiatives to achieve coordination in the
I. REPUBLIC ACT NO. 9729 - AN ACT MAINSTREAMING implementation of plans and programs to address climate
CLIMATE CHANGE INTO GOVERNMENT POLICY change in the context of sustainable development.
FORMULATIONS, ESTABLISHING THE FRAMEWORK
STRATEGY AND PROGRAM ON CLIMATE CHANGE, Further recognizing that climate change and disaster risk
CREATING FOR THIS PURPOSE THE CLIMATE reduction are closely interrelated and effective disaster risk
CHANGE COMMISSION, AND FOR OTHER PURPOSES reduction will enhance climate change adaptive capacity,
the State shall integrate disaster risk reduction into climate
Section 1. Title. This Act shall be known as the Climate change programs and initiatives.
Change Act of 2009.
Cognizant of the need to ensure that national and
Section 2. Declaration of Policy. It is the policy of the State subnational government policies, plans, programs and
to afford full protection and the advancement of the right of projects are founded upon sound environmental
the people to a healthful ecology in accord with the rhythm considerations and the principle of sustainable
and harmony of nature. In this light, the State has adopted development, it is hereby declared the policy of the State to
the Philippine Agenda 21 framework which espouses systematically integrate the concept of climate change in
sustainable development, to fulfill human needs while various phases of policy formulation, development plans,
maintaining the quality of the natural environment for poverty reduction strategies and other development tools
current and future generations. and techniques by all agencies and instrumentalities of the
government.
Towards this end, the State adopts the principle of
protecting the climate system for the benefit of humankind, Section 3. Definition of Terms. For purposes of this Act, the
on the basis of climate justice or common but differentiated following shall have the corresponding meanings:
responsibilities and the Precautionary Principle to guide (a) Adaptation refers to the adjustment in natural or
decision-making in climate risk management. As a party to human systems in response to actual or expected climatic
the United Nations Framework Convention on Climate stimuli or their effects, which moderates harm or exploits
Change, the State adopts the ultimate objective of the beneficial opportunities.
Convention which is the stabilization of greenhouse gas (b) Adaptive capacity refers to the ability of ecological,
concentrations in the atmosphere at a level that would social or economic systems to adjust to climate change
prevent dangerous anthropogenic interference with the including climate variability and extremes, to moderate or
climate system which should be achieved within a time offset potential damages and to take advantage of
frame sufficient to allow ecosystems to adapt naturally to associated opportunities with changes in climate or to cope
climate change, to ensure that food production is not with the consequences thereof.
threatened and to enable economic development to proceed (c) Anthropogenic causes refer to causes resulting from
in a sustainable manner. As a party to the Hyogo human activities or produced by human beings.
Framework for Action, the State likewise adopts the (d) Climate Change refers to a change in climate that can
strategic goals in order to build national and local resilience be identified by changes in the mean and/or variability of
to climate change-related disasters. its properties and that persists for an extended period

Environmental Laws [Amb. Tolentino] AKD&ITG NOTES | 2ND SEM SY 15-16 P. 1

typically decades or longer, whether due to natural (q) Vulnerability refers to the degree to which a system
variability or as a result of human activity. is susceptible to, or unable to cope with, adverse effects of
(e) Climate Variability refers to the variations in the climate change, including climate variability and extremes.
average state and in other statistics of the climate on all Vulnerability is a function of the character, magnitude, and
temporal and spatial scales beyond that of individual rate of climate change and variation to which a system is
weather events. exposed, its sensitivity, and its adaptive capacity.
(f) Climate Risk refers to the product of climate and
related hazards working over the vulnerability of human Section 4. Creation of the Climate Change Commission.
and natural ecosystems. There is hereby established a Climate Change Commission,
(g) Disaster refers to a serious disruption of the hereinafter referred to as the Commission.
functioning of a community or a society involving The Commission shall be an independent and autonomous
widespread human, material, economic or environmental body and shall have the same status as that of a national
losses and impacts which exceed the ability of the affected government agency. It shall be attached to the Office of the
community or society to cope using its own resources. President.
(h) Disaster risk reduction refers to the concept and The Commission shall be the sole policy-making body of the
practice of reducing disaster risks through systematic government which shall be tasked to coordinate, monitor
efforts to analyze and manage the causal factors of and evaluate the programs and action plans of the
disasters, including through reduced exposure to hazards, government relating to climate change pursuant to the
lessened vulnerability of people and property, wise provisions of this Act.
management of land and the environment, and improved The Commission shall be organized within sixty (60) days
preparedness for adverse events. from the effectivity of this Act.
(i) Gender mainstreaming refers to the strategy for
making womens as well as mens concerns and experiences II. UNFCC AND KYOTO PROTOCOL
an integral dimension of the design, implementation, - International Environmental Treaty that was produced
monitoring, and evaluation of policies and programs in all at the UN Conference on Environment and Development.
political, economic, and societal spheres so that women and It is aimed at STABILIZING greenhouse gas
men benefit equally and inequality is not perpetuated. It is concentrations in the atmosphere at a level that would
the process of assessing the implications for women and prevent interference with climate system.
men of any planned action, including legislation, policies, or - Since the UNFCCC entered into force, the parties have
programs in all areas and at all levels. been meeting annually in Conferences of the Parties
(j) Global Warming refers to the increase in the average (COP) to assess progress in dealing with climate change,
temperature of the Earths near-surface air and oceans that and beginning in the mid-1990s, to negotiate the Kyoto
is associated with the increased concentration of Protocol to establish legally binding obligations for
greenhouse gases in the atmosphere. developed countries to reduce their greenhouse gas
(k) Greenhouse effect refers to the process by which the emissions.
absorption of infrared radiation by the atmosphere warms - Under the Convention, governments:
the Earth. o gather and share information on greenhouse gas
(l) Greenhouse gases (GHG) refers to constituents of the emissions, national policies and best practices;
atmosphere that contribute to the greenhouse effect o launch national strategies for addressing greenhouse
including, but not limited to, carbon dioxide, methane, gas emissions and adapting to expected impacts,
nitrous oxide, hydrofluorocarbons, perfluorocarbons and including the provision of financial and technological
sulfur hexafluoride. support to developing countries ;
(m) Mainstreaming refers to the integration of policies o cooperate in preparing for adaptation to the impacts
and measures that address climate change into of climate change
development planning and sectoral decision-making.
(n) Mitigation in the context of climate change, refers to - KEY ELEMENT: parties should act to protect the climate
human intervention to address anthropogenic emissions by system on the basis of EQUALITY and in accordance with
sources and removals by sinks of all GHG, including ozone- their COMMON BUT DIFFERENTIATED responsibilities
depleting substances and their substitutes. and respective capabilities.
(o) Mitigation potential shall refer to the scale of GHG o The principle of COMMON but DIFFERENTIATED
reductions that could be made, relative to emission responsibilities includes 2 elements:
baselines, for a given level of carbon price (expressed in (1) Common responsibilities of parties to protect the
cost per unit of carbon dioxide equivalent emissions environment, parts of it, at the national, regional, and
avoided or reduced). global levels
(p) Sea level rise refers to an increase in sea level which (2) Need to take into account the different
may be influenced by factors like global warming through circumstances, particularly each partys contribution
expansion of sea water as the oceans warm and melting of to the problem and its ability to prevent, reduce, and
ice over land and local factors such as land subsidence. control threat.


*** Common: everyone is in the same position (ex. the participation of the national and local government,
Everyone uses machinery) businesses, non-government organizations (NGOs), and
*** Differentiated: developed countries have more local communities and public to mitigate the adverse effects
responsibility because they deal with the activities in of climate change. This is to align initiatives on climate
large scale (ex. More machineries for factories) change into a collective approach (e.g. the disaster and risk
o Another element underpinning the UNFCCC is the reduction measures integrated to climate change programs
polluter pays principle. This means that the party and initiatives).
responsible for producing pollution is responsible for
paying for the damage done to the natural Creation of Climate Change Commission. The Climate
environment. Change Commission (CCC), an attached agency to the Office
of the President, was created as the lead policy making body
KYOTO PROTOCOL on concerns related to climate change. The CCC is tasked to
Sets emission targets for developed countries which are coordinate, formulate, and monitor and evaluate programs
binding under international law and actions on climate change.
Countries must meet their targets primarily through
national measures Ultimately, the CCCs primary goal is to formulate the
National Framework Strategy on Climate Change which
III. The Climate Change Act of 2009: Philippines shall serve as basis in formulating and developing programs
Response to Worlds Changing Condition on climate change planning, research and development
Albert P. Aquino, Christian L. Abeleda and Princess Alma B. (R&D), and monitoring of activities. Further, the CCC
Ani supports capacity building activities of and provides
technical and financial assistance extension to agencies and
Introduction - Climate change is the most serious and most institutions. It also recommends key development
pervasive threat facing humanity today. The investment areas on climate-sensitive sectors such as water
Intergovernmental Panel on Climate Change, the highest resources, agriculture, and forestry.
scientific body responsible for evaluating the risk of climate
change, reported that warming of the earths surface is The Commission is composed of 27 government agencies,
unequivocal. If left uncontrolled, impacts of climate change local government units and representatives from the
to human and nature are unprecedented and will academe, business sector, and NGOs which formed part of
continuously affect lives of future generations. the Advisory Board. It is chaired by the President of the
Philippines together with three (3) Commissioners, one
Section 16 of the 1987 Philippine Constitution declared that being the Vice-Chairperson. The CCC also constituted a
the State shall protect and advance the right of the people to panel of technical experts consisting of practitioners of
a balance and healthful ecology in accord with the rhythm climate change-related disciplines. The panel of technical
and harmony of nature. It is in this statement where the experts primarily provides technical advices on climate
creation of the Republic Act (R.A.) No. 9729 otherwise science, technologies, and best practices for risk assessment
known as the Climate Change Act of 2009 was built upon. and management to the Commission.
The law which was enacted on July 27, 2009 was primarily
conceived as the countrys response to the worldwide Formulation of Framework Strategy and Program on
phenomenon on climate change. Towards the attainment of Climate Change. The National Framework Strategy on
this goal, R.A. No. 9729 allowed mainstreaming of climate Climate Change (NFSCC) was established to serve as the
change into government formulation of programs and roadmap for national programs and plans towards more
projects, plans and strategies, and policies, creation of climate risk-resilient Philippines. Its main goal is to build
Climate Change Commission, and establishment of the adaptive capacity of communities, increase the
Framework Strategy and Program for climate change. resilience of natural ecosystems to climate change, and
optimize mitigation opportunities towards sustainable
Mainstreaming of Climate Change into Government development. As a principle, NFSCC serves as the
Policy Formulation. R.A. 9729 calls for the State to framework for the formulation of climate change action
integrate the concept of climate change in various phases of plans both at the national and local level.
policy formulation, development plans, poverty reduction In 2010, NFSCC identified key result areas (KRAs) or
strategies, and other government development tools and climate-sensitive sectors that would be greatly affected by
techniques. This is to ensure that government plans and the phenomenon. The sectors include among others
actions are founded upon sound environmental agriculture, biodiversity, infrastructure, energy, and
considerations and sustainable development principles. population, health and demography. From these climate-
Aside from that, the government shall take into sensitive sectors, objectives and strategies were laid down
consideration gender-sensitive, pro-children, and pro-poor either in the form of mitigation or adaptation.
perspective as an input to its climate change efforts, plans,
and programs. Likewise, the government shall encourage


Mitigation strategies aimed to facilitate the transition of the (6) sustainable energy; and (7) knowledge and capacity
country towards low greenhouse gas emissions for development. On the other hand, the LCCAP vary in each
sustainable development in the long run. Targets include local government and are drafted consistently with the
enhancement of clean energy source; realization of full NCCAP. The Barangays, the smallest unit of government in
potential of countrys renewable energy capacity; the Philippines, are expected to support the municipal and
improvement in efficiency of the transport sector through city government in implementing the climate change-
increased uptake of alternative fuels and expansion of mass related activities indicated under the LCCAP.
transport system; reduction of carbon footprints through
energy-efficient design and materials for public Establishment of Peoples Survival Fund (PSF). In July
infrastructure and settlements; reduction of emissions from 2011, the Climate Change Act of 2009 was amended to
deforestation and forest degradation; and full create the PSF. The law creating the PSF is embodied in RA
implementation of proper waste management. 10174 otherwise known as the Act Establishing the
Peoples Survival Fund to Provide Long-term Finance
Adaptation strategies on the other hand, aimed to build the Streams to Enable the Government to Effectively Address
adaptive capacity of communities and to increase the the Problem of Climate Change. The fund is established to
resilience of natural ecosystems to climate change in the finance adaptation programs and projects planned under
long run. Objectives in each KRA include enhancement of the NFSCC. An appropriation of one billion pesos
the availability and quality of vulnerability and adaptation (PhP 1,000,000,000) under the General Appropriation Acts
assessment; strengthen the Integrated Ecosystem-based served as its opening balance which can be augmented by
Management in the Philippines through management of donations, endowments, grants and contributions. The said
watershed ecosystem and multi-polar environments fund is being managed by PSF Board lodged under the
through river basin management approach, improvement of Commission. The CCC, on the other hand, evaluates and
coastal and marine ecosystems and communities resilience reviews project proposals for funding and recommends
to climate change, and mainstreaming biodiversity approval of the proposal to the PSF Board.
adaptation strategies to climate change in government plans
and actions; reduction of water sector vulnerability to The fund is used to support adaptation activities of local
climate change through participative water governance, governments and communities. Fund allocation are
resource management and sectoral policy reforms; prioritized based on projects that has, but not limited to the
protection and enhancement of ecosystem and ecosystem following: (a) level of risk and vulnerability to climate
services to secure food and water resource and livelihood change, (b) participation from the affected communities in
opportunities; management of health risks brought about the design of the project, (3) poverty reduction potential,
by climate change; and reduction of disaster risk from (4) cost effectiveness and sustainability, (5) responsiveness
climate change-induced natural hazards. to gender-differentiated vulnerabilities, and (6) availability
of climate change action plan.
In order to achieve the objectives in each KRA, cross-cutting
strategies are likewise given. These include capacity Conclusion
building, knowledge management and information, The Climate Change Act was enacted to protect the right of
education and communication (IEC), R&D, and technology the people to a balance and healthful ecology. The law
transfer. Implementation on the other hand, is carried out serves as an action plan that lays out the strategies,
through coordination, financing and partnership among initiatives, and activities to prepare the country to the
national and local government agencies and other inevitable effects of climate change. Both the identified
stakeholders. mitigation and adaptation strategies aimed to build a more
climate-risk resilient Philippines. In the end, achieving the
Development of the National Climate Change Action goals of the plans as stipulated in R.A. 9729 is deemed
Plan (NCCAP). In order to detail the proposed strategy attainable with the support and assistance of all
under the NFSCC, the NCCAP was developed. Streaming stakeholders to include among others the national and local
down to the local units, NCCAP served as the guide of the government units, the private sector, the NGOs, and the
municipal and city governments in drafting their local communities.
corresponding Local Climate Change Action Plans (LCCAP).
In all levels of plans and actions, integration of climate IV. RA 9367 Biofuels Act of 2006
change concept and encouragement of participation and
involvement of concerned agencies and units are promoted. INTRODUCTION- The use of biofuels for transport is a
major thrust of the Philippines to reduce the countrys
Under the NCCAP, priority programs and activities for the dependence on imported fossil fuels and to mitigate
government were developed. Seven priority areas were greenhouse gas emissions. To pursue this objective, the
identified which include: (1) food security; (2) water Congress enacted Republic Act No. 9367 otherwise known
sufficiency; (3) ecosystem and environmental stability; (4) as the Biofuels Act of 2006. In accordance to the mandate of
human security; (5) climate-smart industries and services; the said law, the government is presently implementing the


National Biofuels Program (NBP) to promote investments in Contribution to the economy
biofuel productions and encourage the utilization of this employment generation and livelihood improvements in
product. Other activities that coincide with this program are the rural areas
the establishment of support mechanisms to ensure foreign exchange savings brought about by the decrease in
adequate supply of feedstocks and the adoption of fuel importation
appropriate technology for vehicles/engines to be able to
use alternative fuels. GOVERNMENT SUPPORT - Laws and policies
The Biofuels Act of 2006 (RA 9367) - mandates the
In compliance with the mandate of the law, presently blending of biofuels with all fuel products distributed
available liquid fuels in the market are blended with and sold by oil companies in the Philippines
biofuels. Diesel engine fuel contains 2% blend of biodiesel Omnibus Investment Code (EO 226) - grants incentives
by volume while gasoline fuel contains 5% blend of to investment projects/activities that are listed in the
bioethanol by volume. By 2011, the mandated blend of Investment Priorities Plan, which includes biodiesel
bioethanol will increase to 10%. PEZA Law (RA 7196) - grants incentives to investment
projects/activities that are located in economic zones
MARKET OPPORTUNITY- Increasing demand
Biofuels Act of 2006 created a market for biofuels Development plans and programs - provided for by the
through the required blend of biodiesel and bioethanol with National Biofuels Program following a framework that
encompasses the areas of feedstock, industry and
the standard diesel and gasoline fuel
technology development, guidelines and standards
Bioethanol
enforcement and evaluation and industry promotion
- market characterized by demand-supply gap and big

volume of imports because capacity of existing bioethanol
Financial support/guarantee - credit assistance provided by
producers cannot meet the local demand
the Land Bank of the Philippines and the Development Bank
- opportunity is in bioethanol production
of the Philippines for agri-based and renewable/alternative
Biodiesel
energy sources projects
- expected spur on demand due to the recommendation of

increasing the blend further from 2% to 5%
V. Renewable Energy Act for Energy Self-Sufficiency
Excess supply of Biodiesel
and Harmful Emission Reduction [RA 9513] Albert P.
- market characterized by excess supply of biodiesel
Aquino and Christian L. Abeleda
- opportunity is in the exportation of excess supply of

biodiesel in the market
Introduction - Energy sector is the leading emitter of

greenhouse gases (GHGs) in the Philippines (REECS,
PHILIPPINE ADVANTAGE - Major Sources of Raw Materials
2010)[3]. In 2000, there is a leap of 39% from 1994
- sustained supply of ethanol for bioethanol production
emission record of 50,038 CO2e Gigagrams on this sector.
because of the availability of raw materials, particularly
Emissions mostly come from the combustion of imported
sugarcane, one of the major crops grown in the Philippines
fuels and other activities related to the production of
- biodiesel: abundant supply of coconut oil
energy, such as coal mining, oil and gas exploration,
- rich coconut oil resource given the vast hectares of land
production and processing (EMB, 2011).
planted with millions of coconut trees

- bioethanol
Republic Act No. 9513 or the Renewable Energy Act of

2008 was codified in December 2008 to affirm the
Support industries- contract-growing scheme farmers
governments commitment to accelerate the utilization of
enter into arrangements with processors or manufacturers
renewable energy (RE) resources in the country. This is to

effectively reduce harmful emissions and achieve economic
Human resources -many readily available farm and factory
development while protecting health and environment.
workers knowledgeable on the details and technicalities of
Renewable energy is an essential part of the countrys low
farming and manufacturing in the Philippines
emission development strategy and is vital to addressing
Availability - big labor force that is highly skilled, educated, challenges of climate change, energy security, and access to
English-proficient and with strong and good work ethics I energy.

INDUSTRY POTENTIALS- Growth in the number of BOI and Under this law, the State is mandated to accelerate
DOE-registered biofuel-producing companies: exploration and development of RE resources to achieve
- biodiesel: 12 with a total production capacity of 395.62 energy self-reliance; increase utilization of RE by
million liters per year institutionalizing the development of national and local
- bioethanol: 3 with a total production capacity of 79 capabilities; encourage the development and utilization of
million liters per year RE resources as tools to effectively prevent or reduce
harmful emissions; and establish necessary infrastructure

and mechanisms to carry out the stipulated mandates in the
Act. The law suggests RE resources that could be For all the entities involved in RE development, fiscal
alternatively utilized such as solar, wind, hydro, biomass, incentives include, among others, tax exemption for
geothermal and ocean energy. importation of inputs, components, parts, and materials and
income tax holidays. Other incentives and privileges
Renewable energy policy mechanisms stipulated include tax rebate for purchase of RE
RE development is encouraged on both on-grid and off-grid components; financial assistance program; exemption from
system. In an on-grid system, several policy mechanisms the universal charge or charge imposed for the recovery of
were promoted which include Renewable Portfolio the stranded cost; cash incentive of RE developers for
Standard, Feed-in-Tariff System, Net-Metering for RE, Green missionary electrification; payment of transmission
Energy Option, among others. In an off-grid system, charges; and priority and must dispatch for intermittent RE
concerned parties were mandated to source a minimum resource.
percentage of its total annual generation from RE resources
in the area concerned. Regulatory framework
The Department of Energy (DOE) is mandated to lead the
Renewable Portfolio Standard RPS is a policy which places implementation of the Act. As the lead agency, DOE is
an obligation on electric power industry participants such mandated, among others, to perform necessary actions for
as generators, distribution utilities, or suppliers to source or the execution of enumerated RE policy mechanisms and
produce a specified fraction of their electricity from eligible formulate and to implement National Renewable Energy
RE resources. The purpose of which is to contribute on the Program or NREP.
growth of the renewable energy industry by diversifying
energy supply and to help address environmental concerns Also, embodied in the Act are the creations of National
of the country by reducing GHG emission. Renewable Energy Board or NREB (Section 27 of the Act)
and Renewable Energy Management Bureau or REMB
Feed-in Tariff (FIT) System is a scheme that involves an (Section 32 of the Act). NREB[5] act as a collegial body
obligation on the part of electric power industry tasked to recommend policies to DOE and monitor the
participants to source electricity from RE generation at a implementation of the Act. In addition, the Board
guaranteed fixed price for a given period of time. This recommends specific actions to support the activities of
system is adopted to accelerate the development of DOE especially the NREP. REMB, on the other hand, is in the
emerging RE resources through fixed tariff mechanism. forefront of effective implementation of the provisions of
the Act. As such, the Bureau developed and formulated
Green Energy Program is a mechanism established to NREP to accelerate the development, utilization, and
provide end-users or households the option to choose RE commercialization of RE resources and technologies, among
resources as their source of energy. others.

Net Metering for RE is a consumer-based renewable energy National renewable energy program
incentive scheme wherein electric power generated by an National Renewable Energy program or NREP, launched on
end-user (such as house or office with photovoltaic system) June 2011, outlines the policy framework enshrined in RA
from an eligible on-site RE generating facility and delivered 9513. It sets the strategic building blocks that will help the
to the local distribution grid may be used to offset electric country achieve the goals set forth in the Renewable Energy
energy provided by the distribution utility to the end-user. Act. It indicated interim targets for the delivery of energy
Adoption of Waste-to-Energy Technologies that will sources within the timeframe of 2011 and 2030. In
encourage conversion of biodegradable materials such as, principle, it provided the basis for national and local
but not limited to, animal manure, agricultural waste, into renewable energy planning that will identify specific actions
useful energy through processes of anaerobic digestion, and period upon which outcomes will be generated.
fermentation, and gasification, among others.
The Program ultimately seeks to increase RE-based capacity
Incentives and privileges for renewable energy to an estimated 15,304.3 Megawatt (MW) by year 2030,
development almost triple the 2010 level of 5,438 MW (Table 1). This
Incentives and privileges were stipulated for RE sum is a consolidation of targets on each individual sectoral
development initiatives. Incentives are provided to RE sub-programs namely: geothermal, hydropower, biomass,
projects and programs; hybrid and co-generation system; wind, solar, and ocean.
RE commercialization; and farmers engaged in the
plantation of biomass resources. To avail these incentives Each sectoral sub-programs follows a roadmap that
and privileges, it is encouraged that parties be registered indicates milestones targeted over a covered period. The
and accredited by Department of Energy and Board of realization of these targets depends on the implementation
Investments. of several activities that include: (a) RE industry services;
(b) RE resource development; (c) RE research, development
and demonstration; and (d) RE technology support.


(Note: Indigenous peoples traditional ecological knowledge
is an integral part of understanding the environment).
Government share
The government has the share on the proceeds derived by VII. Presidential Decree No. 1151/Philippine
RE Developers which is equal, in general, to one percent Environmental Policy
(1%) of the RE developers gross income (except indigenous
geothermal energy which is 1.5% of their gross income). No Enactment and Implementation: June 6, 1977
government share is collected from proceeds of Biomass Purpose: To protect the right of the people to a healthy
resources development and of micro-scale projects for environment through a requirement of environmental
communal purpose and non-commercial operations which impact assessments and statements
are not greater than one hundred kilowatts. The Control Area: Nationwide
accumulated government share will be distributed to
national and local government by 60% and 40% Overview:
respectively. - Conflicting demands of population growth, urbanization,
industrial expansion, rapid natural resources utilization,
Renewable energy trust fund and increasing technological advances have resulted in a
Renewable Energy Trust Fund or RETF was established, in piecemeal-approach concept of environmental protection.
pursuant to Section 28 of the Act, to enhance the - The tunnel-vision concept is not conducive to the
development and greater utilization of RE. The fund is attainment of an ideal environmental situation where
utilized through grants, loans, equity investments, man and nature can thrive in harmony with one another.
counterpart fund or such other financial arrangements - There is now an urgent need to formulate an intensive,
necessary for the attainment of the activities stipulated in integrated program of environmental protection that will
the Act. The fund is used to, among others, finance research bring about a concerted effort towards the protection of
and development works engaged in RE and support the the entire spectrum of the environment through a
operation or RE resources to improve their competitiveness requirement of environmental impact assessments and
in the market. The RETF is mostly funded from fees and statements.
penalties collected and net annual income of Philippine
owned and controlled corporation. Features
- Declares a continuing policy of the State (a) to create,
Conclusion develop, maintain, and improve conditions under which
Energy sector is one among the contributors of GHGs in the man and nature can thrive in productive and enjoyable
country. Through the enactment of the Renewable Energy harmony with each other, (b) to fulfill the social,
Act of 2008, it is hoped that energy self-sufficiency will be economic, and other requirements of present and future
achieved and dependence on GHG emitter energy sources generations of Filipinos, (c) to ensure the attainment of an
will be reduced. With the policy mechanisms laid down, environmental quality that is conducive to a life of dignity
incentives and privileges stipulated, regulatory framework and well being
established, financial support appropriated, among others,
acceleration of utilization of RE resources and participation - In pursuing this policy , it shall be the responsibility of the
from stakeholders, more importantly from the private government, in cooperation of concerned private
sectors, are expected. organizations and entities, to use all practicable means,
consistent with other essential considerations of national
VI. ENVIRONMENTAL PROVISIONS OF 1987 policy, in promoting the general welfare to the end that
CONSTITUTION the nation may (a) recognize, discharge, and fulfill the
Sec. 16, Art. II: The State shall protect and advance the responsibilities of each generation as trustee and
right of the people to a balanced and healthful ecology in guardian of the environment for the succeeding
accord with the rhythm and harmony of nature. generations, (b) assure the people of a safe, decent,
Sec. 2 (2), Art. XII: The State shall protect the nations helpful, productive, and aesthetic environment, (c)
marine wealth in its archipelagic waters, territorial sea, and encourage the widest exploitation of the environment
exclusive economic zone, and reserve its use and enjoyment without degrading it, or endangering human life, health,
exclusively to Filipino citizens. and safety or cr4eating conditions adverse to agriculture,
Sec.5, Art. XII: The State, subject to the provisions of this commerce, and industry, (d) preserve important historic
Constitution and national development policies and and cultural aspects of the Philippine heritage, (e) attain a
programs, shall protect the rights of indigenous cultural rational and orderly balance between population and
communities to their ancestral lands to ensure their resource use, (f) improve the utilization of renewable and
economic, social, and cultural well-being. nonrenewable resources.
The Congress may provide for the applicability of
customary laws governing property rights or relations in - In furtherance of these goals and policies, the government
determining the ownership and extent of ancestral domain. recognizes the right of the people to a healthful


environment. It shall be the duty and responsibility of ARTICLE 8; RIGHT TO DEVELOPMENT - The exercise of the
each individual to contribute to the preservation and right to development entails the obligation to meet the
enhancement of the Philippine environment. developmental and environmental needs of humanity in a
sustainable and equitable manner.
- Pursuant to the above enunciated policies and goals, all
agencies and instrumentalities of the national ARTICLE 9; ERADICATION OF POVERTY - The eradication of
government, including all government owned and poverty, an indispensable requirement for sustainable
controlled corporations as well as private corporations development, necessitates a global partnership.
and firms and entities shall prepare, file, and include in
every action, project, or undertaking which significantly ARTICLE 10; CONSUMPTION PATTERNS AND
affects the quality of the environment a detailed DEMOGRAPHIC POLICIES - The elimination of unsustainable
statement on: patterns of production and consumption and the promotion
o the environmental impact of the proposed action, of appropriate demographic policies are necessary to
project, or undertaking; enhance the quality of life for all humanity and reduce
o any adverse environmental effect which cannot be disparities in standards of living.
avoided should the proposal be implemented;
o alternative to the proposed action; A. Basic Rights in Relation to Environmental Justice
o a determination that the short-term uses of the
resources of the environment are consistent with the 1. Sovereignty Over Natural Resources and the
maintenance and enhancement of the long-term Obligation Not to Cause Harm
productivity of the same; and
o whenever a proposal involves the use of depletable or State sovereignty over natural resources, as embodied in
nonrenewable resources, a finding must be made that our own Constitution, gives the State the right to the
such use and commitment are warranted. utilization and benefits over the resources within its
territory. However, since the 1970s, state sovereignty over
VIII. DRAFT INTERNATIONAL COVENANT ON natural resources has been read with the obligation not to
ENVIRONMENT AND DEVELOPMENT cause harm. Principle 21 of the 1972 Stockholm
Declaration, which is the cornerstone of International
FUNDAMENTAL PRINCIPLES - In their actions to achieve Environmental Law, reflects these principles:
the objective of this Covenant and to implement its - States have, in accordance with the Charter of the
provisions, the Parties shall be guided, inter alia, by the United Nations and the principles of international law,
following fundamental principles: the sovereign right to exploit their own resources
pursuant to their own environmental policies, and the
ARTICLE 2; RESPECT FOR ALL LIFE FORMS - Nature as a responsibility to ensure that activities within their
whole warrants respect; every form of life is unique and is jurisdiction or control do not cause damage to the
to be safeguarded independent of its value to humanity. environment of other States or of areas beyond the
limits of national jurisdiction.
ARTICLE 3; COMMON CONCERN OF HUMANITY - The global
environment is a common concern of humanity. The sovereign right over natural resources includes the
right of the states to be free from external interference. The
ARTICLE 4; INTERDEPENDENT VALUES - Peace, exercise of state sovereignty, however, has its limits.
development, environmental protection and respect for Principle 21 provides that the state has the responsibility
human rights and fundamental freedoms are not to cause harm beyond the limits of its national
interdependent. jurisdiction. The No Harm Principle recognizes that a states
activities may be transboundary in nature which can affect
ARTICLE 5; INTERGENERATIONAL EQUITY - The freedom or harm the environment of another State. This is meant to
of action of each generation in regard to the environment is be balanced with the sovereign principle of states and
qualified by the needs of future generations. requires them to take responsibility for their actions which
cause harm outside their own territory.
ARTICLE 6 ; PREVENTION - Protection of the environment
is best achieved by preventing environmental harm rather 2. Principle of Prevention
than by attempting to remedy or compensate for such harm. The Principle of Prevention aims to stop environmental
damage even before it occurs or when it is critical and
ARTICLE 7; PRECAUTION - Lack of scientific certainty is no potential damage may already be irreversible. This principle
reason to postpone action to avoid potentially significant or should be differentiated from the Obligation Not to Cause
irreversible harm to the environment. Harm. The Obligation Not to Cause Harm deals with the
effects of a states activities outside its own territory without
regard to activities that cause environmental harm within the


state. The Principle of Prevention encompasses environmental to this principle, there must be optimal management of
harm within a states own territory. natural resources.

The Principle of Prevention is based on the idea that it is The Principle of Sustainable Development is embodied in
better to prevent than employ measures, after harm has the Philippine Agenda which was formulated as a response
occurred, in order to restore the environment. This to the countrys commitments in the 1992 Earth Summit in
principle has been expanded by a relatively new principle Rio de Janeiro, Brazil.
the Precautionary Principle.
5. Intergenerational Equity
3. Precautionary Principle The concept of Intergenerational Equity supports the
Principle 15 of the Rio Declaration, commonly known as the Principle of Sustainable Development with respect to
Precautionary Principle states: holding the natural resources in trust for future
- In order to protect the environment, the precautionary generations.20 Nevertheless, this principle does not stop
approach shall be widely applied by States according to there. Intergenerational Equity is defined as each
their capabilities. Where there are threats of serious or generations responsibility to leave an inheritance of wealth
irreversible damage, lack of full scientific certainty shall no less than what they themselves have inherited.
not be used as a reason for postponing cost- effective In the landmark case of Oposa v. Factoran, the Supreme
measures to prevent environmental degradation. Court had the occasion to discuss the concept of
Intergenerational Responsibility. The case was instituted by
This principle advocates that the potential harm should be minors along with their parents alleging that the then
addressed even with minimal predictability at hand. It is Secretary of Natural Resources acted with grave abuse of
designed to provide the basis for early international legal discretion in issuing Timber License Agreements (TLAs) to
action to address serious environmental threats in cases cover more areas. Respondents alleged that the minors, who
where there is ongoing scientific uncertainty with regard to invoked the right to a balanced and healthful ecology, had
the causes of these threats. The Principle requires a high no valid cause of action. On the issue of petitioners
degree of prudence on the part of the stakeholders. Decision standing, the Court held that the minors were entitled to sue
makers are not only mandated to account for scientific on the basis of Intergenerational Responsibility.
uncertainty but can also take positive action, e.g., restrict a
product or activity even when there is scientific uncertainty. The Supreme Court, through former Chief Justice Davide
Under Rule 20 of the Rules of Procedure for Environmental explained:
Cases, the Precautionary Principle is adopted as a rule of - This case, however, has a special and novel element.
evidence. The Supreme Courts adoption of the Petitioners minors assert that they represent their
Precautionary Principle in the newly promulgated Rules of generation as well as generations yet unborn. We find no
Procedure for Environmental Cases affords plaintiffs a difficulty in ruling that they can, for themselves, for
better chance of proving their cases where the risks of others of their generation and for the succeeding
environmental harm are not easy to prove. generations, file a class suit. Their personality to sue in
behalf of the succeeding generations can only be based
4. Sustainable Development on the concept of intergenerational responsibility insofar
Sustainable Development is the process of developing land, as the right to a balanced and healthful ecology is
cities, businesses, communities, and so forth that meets the concerned. Such a right, as hereinafter expounded,
needs of the present without compromising the ability of considers the rhythm and harmony of nature. Nature
future generations to meet their own needs. The concept of means the created world in its entirety. Such rhythm and
Sustainable Development carries two key concepts. First, is harmony indispensably include, inter alia, the judicious
the existence of needs with particular focus to the needs of disposition, utilization, management, renewal and
the poor. Second, is that the environment has limitations in conservation of the countrys forest, mineral, land,
meeting the needs of present and future generations. waters, fisheries, wildlife, off-shore areas and other
natural resources to the end that their exploration,
The Principle of Sustainable Development addresses the development and utilization be equitably accessible to
need to reconcile issues of development the present as well as future generations. Needless to
andenvironmentalprotection.16 say, every generation has a responsibility to the next to
Itrecognizesthatdevelopmentrequireseconomicexploitation preserve that rhythm and harmony for the full
tosatisfy the needs of the growing population at the same enjoyment of a balanced and healthful ecology. Put a
time protecting the environment for future generations. The little differently, the minors assertion of their right to a
concept of sustainable development seeks to achieve sound environment constitutes, at the same time, the
exploitation of resources while leaving the environment performance of their obligation to ensure the protection
intact for the use of future generations. Non-renewable of that right for the generations to come.
resources must be used as efficiently as possible. According
6. Rights-based Approach


Environmental Justice stems from a growing recognition fundamental principles of Environmental Justice namely:
that the Right to the Environment is a fundamental human distributive and procedural justice. In Environmental
right which ought to be protected. The Rights-based Justice, distributive justice refers to the equitable
Approach in Environmental Justice is reflected in various distribution of environmental risks and harms. Procedural
international instruments. The Universal Declaration of justice, on the other hand, focuses on the right of the
Human Rights provides for the right to a standard of living stakeholders to participate in decision making processes
adequate for health and well-being. The right carries with concerning the environment and enabling them to access
it the Right to the Environment. Later on, the 1972 relevant information.
Stockholm Declaration, which is the primary document in
International Environmental Law, would state in clear and While the concept of Environmental Justice differs
express terms the Right to the Environment. Principle 1 of depending on the perspective of the individual or entity, the
the Stockholm Declaration states: ultimate goal is to enhance the involvement of the people
- Man has the fundamental right to freedom, equality and and to ensure access to justice. As a means of addressing
adequate conditions of life, in an environment of a these concerns, there is heavy emphasis on the policies,
quality that permits a life of dignity and well-being, and laws, and legal procedures.30 In the context of the judicial
he bears a solemn responsibility to protect and improve system, Environmental Justice is tested in the light of the
the environment for present and future generations. In existence of adequate laws and policies, the quality of its
this respect, policies promoting or perpetuating enforcement, and the existence of available remedies for
apartheid, racial segregation, discrimination, colonial those affected by violations of environmental laws and
and other forms of oppression and foreign domination regulations.
stand condemned and must be eliminated.
The environmental law principles discussed above will
Subsequently, the Rio Declaration contained 27 principles hopefully help you in better understanding the laws, rules,
with a goal of ensuring the protection of the environment and regulations related to environmental law enforcement
and promoting Sustainable Development. Principle 1 in the Philippines. These principles serve as the foundation
recognizes that human beings are the center of concerns for the development of measures and provisions for the
for sustainable development. The Rio Declaration protection of the environment. With these principles in
underlines the obligations of states not to cause harm mind, the next section will provide a discussion of the most
beyond their jurisdiction, to meet the environmental needs common and typical environmental violations which take
of present and future generations, and to consider place in the Philippines, knowledge of which is the first step
environmental protection as an integral part of in ensuring the proper enforcement of environmental
development. The Rio Declaration also mandates states to protection laws in our country.
eradicate poverty and to give special attention to the least - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
developed and environmentally vulnerable countries 2nd ASSIGNMENT [January 4, 16]
emphasizing that in the cooperative process, states have PHILIPPINE LEGISLATIONS IN REPONSE TO CLIMATE
common but differentiated responsibilities. The Rio CHANGE
Declaration recognizes the importance of enjoining the 1. Oposa v. Factoran [224 SCRA 792]
citizens in addressing environmental issues with particular 2. MMDA v. Concerned Citizens of Manila Bay
emphasis on the role of women, youth and Indigenous [1997]
Peoples in achieving sustainable development. 3. Manila Prince Hotel v. GSIS [1997]
4. E.O. 192 of 1987
Under the Rights-based Approach, the right of persons to 5. PAB v. Solar Textile Co [1991]
environmental protection has the same level as basic human 6. Laguna Lake Development Auth v. CA [1995]
rights. The adoption of this approach plays a crucial role in 7. RA 7611: Strategic Environmental Plan for
litigation because persons would be allowed to litigate on Palawan
the basis of their right to a healthy environment in the same 8. Tano v. Socrates [1997]
way that they can litigate for violations of their civil and
socioeconomic rights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In line with the Rights-based Approach, there is a growing
trend towards achieving Environmental Justice. Presently, 1. OPOSA V. FACTORAN [1993]
the concept of Environmental Justice varies among groups. DAVIDE, JR., J p.:
Some define Environmental Justice as the goal of achieving
adequate protection from the harmful effects of 1. CONSTITUTIONAL LAW; DECLARATION OF PRINCIPLES
environmental agents for everyone, regardless of age, AND STATE POLICIES; RIGHT TO A BALANCED AND
culture, ethnicity, gender, race, or socioeconomic status. HEALTHFUL ECOLOGY, CONSTRUED. The complaint
Others view Environmental Justice as the equitable
focuses on one specific fundamental legal right the right
distribution of burdens of the environmental harms among
various groups. One author suggests that there are two to a balanced and healthful ecology which, for the first time


in our nation's constitutional history, is solemnly taxation' (37 C.J. 168). Thus, this Court held that the
incorporated in the fundamental law. Section 16, Article II of granting of license does not create irrevocable rights,
the 1987 Constitution explicitly provides: "SEC. 16. The neither is it property or property rights (People vs. Ong Tin,
State shall protect and advance the right of the people to a 54 O.G. 7576) . . ." We reiterated this pronouncement
in Felipe Ysmael, Jr. & Co., Inc. vs. Deputy Executive Secretary:
balanced and healthful ecology in accord with the rhythm
(190 SCRA 673 684 [1990]) ". . . Timber licenses, permits
and harmony of nature." This right unites with the right to and license agreements are the principal instruments by
health which is provided for in the preceding section of the which the State regulates the utilization and disposition of
same article: "SEC. 15. The State shall protect and promote forest resources to the end that public welfare is promoted.
the right to health of the people and instill health And it can hardly be gainsaid that they merely evidence a
consciousness among them." While the right to a balanced privilege granted by the State to qualified entities, and do
and healthful ecology is to be found under the Declaration of not vest in the latter a permanent or irrevocable right to the
Principles and State Policies and not under the Bill of Rights, particular concession area and the forest products therein.
They may be validly amended, modified, replaced or
it does not follow that it is less important than any of the
rescinded by the Chief Executive when national interests so
civil and political rights enumerated in the latter. Such a require. Thus, they are not deemed contracts within the
right belongs to a different category of rights altogether for purview of the due process of law clause [See Sections 3(ee)
it concerns nothing less than self-preservation and self- and 20 of Pres. Decree No. 705, as amended. Also, Tan v.
perpetuation aptly and fittingly stressed by the Director of Forestry, G.R. No. L-24548, October 27, 1983,
petitioners the advancement of which may even be said 125 SCRA 302]." Since timber licenses are not contracts, the
to predate all governments and constitutions. As a matter of non-impairment clause, which reads: "SEC. 10. No law
fact, these basic rights need not even be written in impairing the obligation of contracts shall be passed." In the
second place, even if it is to be assumed that the same are
the Constitution for they are assumed to exist from the
contracts, the instant case does not involve a law or even an
inception of humankind. If they are now explicitly executive issuance declaring the cancellation or
mentioned in the fundamental charter, it is because of the modification of existing timber licenses. Hence, the non-
well-founded fear of its framers that unless the rights to a impairment clause cannot as yet be invoked. Nevertheless,
balanced and healthful ecology and to health are mandated granting further that a law has actually been passed
as state policies by the Constitution itself, thereby mandating cancellations or modifications, the same cannot
highlighting their continuing importance and imposing still be stigmatized as a violation of the non-impairment
upon the state a solemn obligation to preserve the first and clause. This is because by its very nature and purpose, such
a law could have only been passed in the exercise of the
protect and advance the second, the day would not be too
police power of the state for the purpose of advancing the
far when all else would be lost not only for the present
right of the people to a balanced and healthful ecology,
generation, but also for those to come generations which promoting their health and enhancing the general welfare.
stand to inherit nothing but parched earth incapable of In Abe vs. Foster Wheeler Corp., (110 Phil. 198, 203 [1960])
sustaining life. The right to a balanced and healthful ecology this Court stated: "The freedom of contract, under our
carries with it the correlative duty to refrain from impairing system of government, is not meant to be absolute. The
the environment. same is understood to be subject to reasonable legislative
regulation aimed at the promotion of public health, moral,
2. ID.; ID.; TIMBER LICENSES; NATURE THEREOF; NON- safety and welfare. In other words, the constitutional
IMPAIRMENT CLAUSE MAY NOT BE INVOKED; CASE AT guaranty of non-impairment of obligations of contract is
BAR. all licenses may thus be revoked or rescinded by limited by the exercise of the police power of the State, in
executive action. It is not a contract, property or a property the interest of public health, safety, moral and general
right protected by the due process clause of welfare." The reason for this is emphatically set forth
the Constitution. In Tan vs. Director of Forestry, (125 SCRA in Nebia vs. New York, (291 U.S. 502, 523, 78 L. ed. 940 947-
302, 325 [1983]) This Court held: ". . . A timber license is an 949) quoted in Philippine American Life Insurance Co. vs.
instrument by which the State regulates the utilization and Auditor General, (22 SCRA 135, 146-147 [1968]) to wit:
disposition of forest resources to the end that public welfare "'Under our form of government the use of property and the
is promoted. A timber license is not a contract within the making of contracts are normally matters of private and not
purview of the due process clause; it is only a license or of public concern. The general rule is that both shall be free
privilege, which can be validly withdrawn whenever of governmental interference. But neither property rights
dictated by public interest or public welfare as in this case. nor contract rights are absolute; for government cannot
'A license is merely a permit or privilege to do what exist if the citizen may at will use his property to the
otherwise would be unlawful, and is not a contract between detriment of his fellows, or exercise his freedom of contract
the authority, federal, state, or municipal, granting it and the to work them harm. Equally fundamental with the private
person to whom it is granted; neither is it property or a right is that of the public to regulate it in the common
property right, nor does it create a vested right; nor is it


interest.'" In court, the non-impairment clause must yield to 3. ID.; RIGHT TO HEALTH; SHOULD SPECIFICALLY EXIST IN
the police power of the state. OUR CORPUS OF LAW. Justice Feliciano suggestion is
simply that petitioners must, before the trial court, show a
more specific legal right a right cast in language of a
significantly lower order of generality than Article II (15) of
the Constitution that is or may be violated by the actions,
FELICIANO, J., concurring: or failures to act, imputed to the public respondent by
2. CONSTITUTIONAL LAW; DECLARATION OF PRINCIPLES petitioners so that the trial court can validly render
AND STATE POLICIES; RIGHT TO "A BALANCE AND judgment granting all or part of the relief prayed for. To my
HEALTHFUL ECOLOGY"; INTERPRETATION. The Court mind, the Court should be understood as simply saying that
has also declared that the complaint has alleged and focused such a more specific legal right or rights may well exist in
upon "one specific fundamental legal right the right to a our corpus of law, considering the general policy principles
balanced and healthful ecology" (Decision, p. 14). There is found in the Constitution and the existence of the Philippine
no question that "the right to a balanced and healthful Environment Code, and that the trial court should have
ecology" is "fundamental" and that, accordingly, it has been given petitioners an effective opportunity so to
"constitutionalized." But although it is fundamental in demonstrate, instead of aborting the proceedings on a
character, I suggest, with very great respect, that it cannot motion to dismiss.
be characterized as "specific," without doing excessive 2. MMDA V. CONCERNED CITIZENS OF MANILA BAY
violence to language. It is in fact very difficult to fashion [2011]
language more comprehensive in scope and generalized in
character than a right to "a balanced and healthful ecology." Facts: On January 29, 1999, respondents Concerned
The list of particular claims which can be subsumed under Residents of Manila Bay filed a complaint before the
this rubric appears to be entirely open-ended: prevention Regional Trial Court (RTC) in Imus, Cavite against several
and control of emission of toxic fumes and smoke from government agencies, for the cleanup, rehabilitation, and
factories and motor vehicles; of discharge of oil, chemical protection of the Manila Bay.
effluents, garbage and raw sewage into rivers, inland and
coastal waters by vessels, oil rigs, factories, mines and The complaint alleged that the water quality of the Manila
whole communities; of dumping of organic and inorganic Bay had fallen way below the allowable standards set by
wastes on open land, streets and thoroughfares; failure to law, specifically Presidential Decree No. (PD) 1152 or the
rehabilitate land after strip-mining or open-pit Philippine Environment Code.
mining; kaingin or slash-and-burn farming; destruction of
fisheries, coral reefs and other living sea resources through In their individual causes of action, respondents alleged that
the use of dynamite or cyanide and other chemicals; the continued neglect of petitioners in abating the pollution
contamination of ground water resources; loss of certain of the Manila Bay constitutes a violation of, among others:
species of fauna and flora; and so on. The other statements
pointed out by the Court: Section 3, Executive Order No. (1) Respondents constitutional right to life, health, and a
192dated 10 June 1987; Section 1, Title XIV, Book IV of the balanced ecology;
1987 Administrative Code; and P.D. No. 1151, dated 6 June (2) The Environment Code (PD 1152);
1977 all appear to be formulations ofpolicy, as general (3) The Pollution Control Law (PD 984);
and abstract as the constitutional statements of basic policy (4) The Water Code (PD 1067);
in Article II, Sections 16 ("the right to a balanced and (5) The Sanitation Code (PD 856);
healthful ecology") and 15 ("the right to health"). As a (6) The Illegal Disposal of Wastes Decree (PD 825);
matter of logic, by finding petitioners' cause of action as (7) The Marine Pollution Law (PD 979);
anchored on a legal right comprised in the constitutional (8) Executive Order No. 192;
statements above noted, the Court is in effect saying that (9) The Toxic and Hazardous Wastes Law (RA. 6969);
Section 15 (and Section 16) of Article II of (10) Civil Code provisions on nuisance and human relations;
the Constitution are self-executing and judicially (11) The Trust Doctrine and the Principle of Guardianship;
enforceable even in their present form. The implications of and
this doctrine will have to be explored in future cases; those (12) International Law
implications are too large and far-reaching in nature even to Inter alia, respondents, as plaintiffs a quo, prayed that
be hinted at here. petitioners be ordered to clean the Manila Bay and submit


to the RTC a concerted concrete plan of action for the Defendant DA, through the Bureau of Fisheries and Aquatic
purpose. Resources, to revitalize the marine life in Manila Bay and
restock its waters with indigenous fish and other aquatic
Issues: animals.
a) Whether or not pertinent provisions of the Environment
Code (PD 1152) relate only to the cleaning of specific Defendant DBM, to provide and set aside an adequate
pollution incidents and do not cover cleaning in general. budget solely for the purpose of cleaning up and
b) Whether or not the cleaning of the Manila Bay is not a rehabilitation of Manila Bay.
ministerial act which can be compelled by mandamus.
Defendant DPWH, to remove and demolish structures and
Held: other nuisances that obstruct the free flow of waters to the
Regional Trial Courts Order to Clean Up and Rehabilitate bay. These nuisances discharge solid and liquid wastes
Manila Bay which eventually end up in Manila Bay. As the construction
and engineering arm of the government, DPWH is ordered
On September 13, 2002, the RTC rendered a Decision in to actively participate in removing debris, such as carcass of
favor of respondents. Finding merit in the complaint, the sunken vessels, and other non-biodegradable garbage in the
Court ordered defendant-government agencies, jointly and bay.
solidarily, to clean up and rehabilitate Manila Bay and
restore its waters to SB classification to make it fit for Defendant DOH, to closely supervise and monitor the
swimming, skin-diving and other forms of contact operations of septic and sludge companies and require them
recreation. to have proper facilities for the treatment and disposal of
fecal sludge and sewage coming from septic tanks.
To attain this, defendant-agencies, with defendant DENR as
the lead agency, are directed, within six (6) months from Defendant DECS, to inculcate in the minds and hearts of the
receipt hereof, to act and perform their respective duties by people through education the importance of preserving and
devising a consolidated, coordinated and concerted scheme protecting the environment.
of action for the rehabilitation and restoration of the bay.
Defendant Philippine Coast Guard and the PNP Maritime
In particular: Group, to protect at all costs the Manila Bay from all forms
Defendant MWSS is directed to install, operate and maintain of illegal fishing.
adequate [sewerage] treatment facilities in strategic places
under its jurisdiction and increase their capacities. The Court of Appeals Sustained the RTCs Decision

Defendant LWUA, to see to it that the water districts under The MWSS, Local Water Utilities Administration (LWUA),
its wings, provide, construct and operate sewage facilities and PPA filed before the Court of Appeals (CA) individual
for the proper disposal of waste. Notices of Appeal. On the other hand, the DENR,
Department of Public Works and Highways (DPWH),
Defendant DENR, which is the lead agency in cleaning up Metropolitan Manila Development Authority (MMDA),
Manila Bay, to install, operate and maintain waste facilities Philippine Coast Guard (PCG), Philippine National Police
to rid the bay of toxic and hazardous substances. (PNP) Maritime Group, and five other executive
departments and agencies filed directly with this Court a
Defendant PPA, to prevent and also to treat the discharge petition for review under Rule 45.
not only of ship-generated wastes but also of other solid and
liquid wastes from docking vessels that contribute to the In the light of the ongoing environmental degradation, the
pollution of the bay. Court wishes to emphasize the extreme necessity for all
concerned executive departments and agencies to
Defendant MMDA, to establish, operate and maintain an immediately act and discharge their respective official
adequate and appropriate sanitary landfill and/or adequate duties and obligations. Indeed, time is of the essence; hence,
solid waste and liquid disposal as well as other alternative there is a need to set timetables for the performance and
garbage disposal system such as re-use or recycling of completion of the tasks, some of them as defined for them
wastes. by law and the nature of their respective offices and
mandates.


the framers did not stop with conservation. They knew that
The importance of the Manila Bay as a sea resource, conservation alone does not spell progress; and that this
playground, and as a historical landmark cannot be over- may be achieved only through development as a correlative
emphasized. It is not yet too late in the day to restore the factor to assure to the people not only the exclusive
Manila Bay to its former splendor and bring back the plants ownership, but also the exclusive benefits of their national
and sea life that once thrived in its blue waters. But the patrimony. Moreover, the concept of national patrimony has
tasks ahead, daunting as they may be, could only be been viewed as referring not only to our rich natural
accomplished if those mandated, with the help and resources but also to the cultural heritage of our race. There
cooperation of all civic-minded individuals, would put their is no doubt in my mind that the Manila Hotel is very much a
minds to these tasks and take responsibility. This means part of our national patrimony and, as such deserves
that the State, through petitioners, has to take the lead in constitutional protection as to who shall own it and benefit
the preservation and protection of the Manila Bay. from its operation. This institution has played an important
role in our nation's history, having been the venue of many
So it was that in Oposa v. Factoran, Jr. the Court stated that a historical event, and serving as it did, and as it does, as the
the right to a balanced and healthful ecology need not even Philippine Guest House for visiting foreign heads of state,
be written in the Constitution for it is assumed, like other dignitaries, celebrities, and others.
civil and political rights guaranteed in the Bill of Rights, to
2. ID.; ID.; MANILA HOTEL, PART OF OUR NATIONAL
exist from the inception of mankind and it is an issue of
PATRIMONY. There is no doubt in my mind that
transcendental importance with intergenerational
the Manila Hotel is very much a part of our national
implications. Even assuming the absence of a categorical
patrimony and, as such, deserves constitutional protection
legal provision specifically prodding petitioners to clean up
as to who shall own it and benefit from its operation. This
the bay, they and the men and women representing them
institution has played an important role in our nation's
cannot escape their obligation to future generations of
history, having been the venue of many a historical event,
Filipinos to keep the waters of the Manila Bay clean and
and serving as it did, and as it does, as the Philippine Guest
clear as humanly as possible. Anything less would be a
House for visiting foreign heads of state, dignitaries,
betrayal of the trust reposed in them.
celebrities, and others.

By a Decision of September 28, 2005, the CA denied VITUG, J., separate opinion:
petitioners appeal and affirmed the Decision of the RTC in
1. POLITICAL LAW; CONSTITUTION; NATIONAL
toto, stressing that the trial courts decision did not require
PATRIMONY; PROVISION GIVING PREFERENCE TO
petitioners to do tasks outside of their usual basic functions
QUALIFIED FILIPINOS, SELF-EXECUTORY. The provision
under existing laws.
in our fundamental law which provides that "(i)n the grant

of rights, privileges, and concessions covering the national
3.Manila Prince Hotel v. GSIS [1997]
INCLUDES THE NATIONAL RESOURCES AND CULTURAL economy and patrimony, the State shall give preference to
HERITAGE. When the Constitution speaks of national qualified Filipinos" is self-executory. The provision verily
patrimony, it refers not only to the natural resources of the does not need, although it can obviously be amplified or
Philippines, as the Constitution could have very well used regulated by, an enabling law or a set of rules.
the term natural resources, but also to the cultural 2. ID.; ID.; ID.; PATRIMONY INCLUDES CULTURAL
heritageof the Filipinos. HERITAGE OF THE COUNTRY; MANILA HOTEL, EMBRACED
PADILLA, J., concurring opinion: THEREIN. The term "patrimony" does not merely refer to
the country's natural resources but also to its cultural
1. POLITICAL LAW; CONSTITUTION; PATRIMONY OF THE heritage. A "historical landmark," to use the words of Mr.
NATION, CONSTRUED. A study of the 1935 Constitution, Justice Justo P. Torres, Jr., Manila Hotel has now indeed
where the concept of "national patrimony" originated, become part of Philippine heritage.
would show that its framers decided to adopt the even more
comprehensive expression "Patrimony of the Nation" in the PUNO, J., dissenting opinion:
belief that the phrase encircles a concept embracing not MANILA HOTEL CORPORATION, PART OF THE NATIONAL
only the natural resources of the country but practically PATRIMONY. The second issue is whether the sale of a
everything that belongs to the Filipino people, the tangible majority of the stocks of the Manila Hotel Corporation
and the material as well as the intangible and the spiritual involves the disposition of part of our national patrimony.
assets and possessions of the people. It is to be noted that The records of the Constitutional Commission show that the


Commissioners entertained the same view as to its meaning. development, management, renewal, and conservation of
According to Commissioner Nolledo, "patrimony" refers not the countrys forest, mineral, land, off-shore areas and other
only to our rich natural resources but also to the cultural natural resources, including the protection and
heritage of our race. By this yardstick, the sale enhancement of the quality of the environment, and
equitable access of the different segments of the population
of Manila Hotel falls within the coverage of the
to the development and use of the countrys natural
constitutional provision giving preferential treatment to resources, not only for the present generation but for future
qualified Filipinos in the grant of rights involving our generations as well. It is also the policy of the state to
national patrimony. recognize and apply a true value system including social and
environmental cost implications relative to their utilization,
CASE AT BAR. The right of preference of petitioner arises development and conservation of our natural resources.
only if it tied the bid of Renong Berhad. In that instance, all
things stand equal, and petitioner, as a qualified Filipino SECTION 4. Mandate. The Department shall be the primary
bidder, should be preferred. It is with deep regret that I government agency responsible for the conservation,
cannot subscribe to the view that petitioner has a right to management, development and proper use of the countrys
match the bid of Renong Berhad. Petitioner's submission environment and natural resources, specifically forest and
must be supported by the rules but even if we examine the grazing lands, mineral resources, including those in
reservation and watershed areas, and lands of the public
rules inside-out a thousand times, they can not justify the
domain, as well as the licensing and regulation of all natural
claimed right. Under the rules, the right to match the highest resources as may be provided for by law in order to ensure
bid arises only "if for any reason, the highest bidder cannot equitable sharing of the benefits derived therefrom for the
be awarded the block of shares . . . ." No reason has arisen welfare of the present and future generations of Filipinos.
that will prevent the award to Renong Berhad. It deserves
the award as a matter of right for the rules clearly did not To accomplish its mandate, the Department shall be guided
give to the petitioner as a qualified Filipino the privilege to by the following objectives that will serve as basis for policy
match the higher bid of a foreigner. What the rules did not formulation:

grant, petitioner cannot demand. Our sympathies may be
(a) Assure the availability and sustainability of the countrys
with petitioner but the court has no power to extend the
natural resources through judicious use and systematic
latitude and longitude of the right of preference as defined restoration or replacement, whenever possible;
by the rules. We are duty-bound to respect that (b) Increase the productivity of natural resources in order
determination even if we differ with the wisdom of their to meet the demands for forest, mineral, and land
judgment. The right they grant may be little but we must resources of a growing population;
uphold the grant for as long as the right of preference is not (c) Enhance the contribution of natural resources for
denied. It is only when a State action amounts to a denial of achieving national economic and social development;
(d) Promote equitable access to natural resources by the
the right that the Court can come in and strike down the
different sectors of the population;
denial as unconstitutional.
(e) Conserve specific terrestrial and marine areas
4. E.O. 192 of 1987 representative of the Philippine natural and cultural
EXECUTIVE ORDER NO. 192 - PROVIDING FOR THE heritage for present and future generations.
REORGANIZATION OF THE DEPARTMENT OF
ENVIRONMENT, ENERGY AND NATURAL RESOURCES, SECTION 5. Powers and Functions. To accomplish its
RENAMING IT AS THE DEPARTMENT OF ENVIRONMENT mandate, the Department shall have the following powers
AND NATURAL RESOURCES, AND FOR OTHER PURPOSES and functions:

SECTION 1. Title. This Executive Order shall otherwise be (a) Advise the President on the enactment of laws relative
known as the Reorganization Act of the Department of to the development, use, regulation, and conservation of
Environment and Natural Resources. the countrys natural resources and the control of
pollution;
SECTION 2. Reorganization. The Department of (b) Formulate, implement, and supervise the governments
Environment, Energy and Natural Resources is hereby policies, plans and programs pertaining to the
reorganized structurally and functionally and renamed as management, conservation, development, use and
the Department of Environment and Natural Resources, replenishment of the countrys natural resources;
hereinafter referred to as Department, in accordance with (c) Promulgate rules and regulations in accordance with law
the provisions of this Executive Order. governing the exploration, development, conservation,
extraction, disposition, use and such other commercial
SECTION 3. Declaration of Policy. It is hereby declared the activities tending to cause the depletion and degradation
policy of the State to ensure the sustainable use, of our natural resources;


(d) Exercise supervision and control over forest lands, programs and measures with the end in view of
alienable and disposable lands, and mineral resources promoting close collaboration between the government
and in the process of exercising such control the and the private sector; the effective and efficient
Department shall impose appropriate payments, fees, classification and sub-classification of lands of the public
charges, rentals and any such form of levy and collect domain; and the enforcement of natural resources laws,
such revenues for the exploration, development, rules and regulations;
utilization or gathering of such resources; (l) Promulgate rules, regulations and guidelines on the
(e) Undertake exploration, assessment, classification and issuance of co-production, joint venture or production
inventory of the countrys natural resources using sharing agreements, licenses, permits, concessions,
ground surveys, remote sensing and complementary leases and such other privileges and arrangement
technologies; concerning the development, exploration and utilization
(f) Promote proper and mutual consultation with the of the countrys natural resources and shall continue to
private sector involving natural resources development, oversee, supervise and police our natural resources; to
use and conservation; cancel or cause to cancel such privileges and
(g) Undertake geological surveys of the whole country arrangements upon failure, non-compliance or violations
including its territorial waters; of any regulations, orders, and for all other causes which
(h) Establish policies and implement programs for the: are in furtherance of the conservation of natural
(1) Accelerated inventory, surveys and classification of resources and supportive of the national interests;
lands, forest, and mineral resources using appropriate (m) Exercise exclusive jurisdiction on the management and
technology, to be able to come up with a more accurate disposition of all lands of the public domain and shall
assessment of resource quality and quantity; continue to be the sole agency responsible for
(2) Equitable distribution of natural resources through classification, sub-classification, surveying and titling of
the judicious administration, regulation, utilization, lands in consultation with appropriate agencies.
development and conservation of public lands, forest, (n) Implement measures for the regulation and supervision
and mineral resources (including mineral reservation of the processing of forest products, grading and
areas), that would benefit a greater number of Filipinos; inspection of lumber and other forest products and
(3) Promotion, development and expansion of natural monitoring of the movement of timber and other forest
resource-based industries; products;
(4) Preservation of cultural and natural heritage through (o) Promulgate rules and regulations for the control of
wildlife conservation and segregation of national parks water, air and land pollution;
and other protected areas; (p) Promulgate ambient and effluent standards for water
(5) Maintenance of a wholesome natural environment by and air quality including the allowable levels of other
enforcing environmental protection laws; and pollutants and radiations;
(6) Encouragement of greater people participation and (q) Promulgate policies, rules and regulations for the
private initiative in natural resource management. conservation of the countrys genetic resources and
biological diversity, and endangered habitats;
(i) Promulgate rules and regulations necessary to: (r) Formulate an integrated, multi-sectoral, and multi-
(1) Accelerate cadastral and emancipation patent disciplinary National Conservation Strategy, which will
surveys, land use planning and public land titling; be presented to the Cabinet for the Presidents approval;
(2) Harness forest resources in a sustainable manner, to (s) Exercise other powers and functions and perform such
assist rural development, support forest-based other acts as may be necessary, proper or incidental to
industries, and provide raw materials to meet increasing the attainment of its mandates and objectives.
demands, at the same time keeping adequate reserves
for environmental stability; and SECTION 6. Structural Organization. The Department shall
(3) Expedite mineral resources surveys, promote the consist of the Department Proper, the staff offices, the staff
production of metallic and non-metallic minerals and bureaus and the regional/provincial/community natural
encourage mineral marketing. resources offices.

(j) Regulate the development, disposition, extraction, The Department Proper shall consist of the following:
exploration and use of the countrys forest, land and (a) Office of the Secretary
mineral resources; (b) Offices of Undersecretaries
(k) Assume responsibility for the assessment, development, (c) Offices of Assistant Secretaries
protection, conservation, licensing and regulation as (d) Public Affairs Office
provided for by law, where applicable, of all natural (e) Special Concerns Office
resources; the regulation and monitoring of service (f) Pollution Adjudication Board
contractors, licensees, lessees, and permittees for the
extraction, exploration, development and utilization of The staff sectoral bureaus on the other hand, shall be
natural resource products; the implementation of composed of:


(a) Forest Management Bureau which reversed the Order of dismissal of the trial court and
(b) Lands Management Bureau remanded the case to that court for further proceedings. In
(c) Mines and Geo-Sciences Bureau addition, the Court of Appeals declared the Writ of
(d) Environmental Management Bureau Execution null and void. At the same time, the CA said that
(e) Ecosystems Research and Development Bureau certiorari was a proper remedy since the Orders of
(f) Protected Areas and Wildlife Bureau petitioner Board may result in great and irreparable injury
to Solar; and that while the case might be moot and
SECTION 22. Attached Agencies and Corporations. The academic, "larger issues" demanded that the question of due
following agencies and corporations are attached to the process be settled. Petitioner Board moved for
Department: reconsideration, without success.
(a) National Mapping and Resource Information Authority.
(b) Natural Resources Development Corporation. Arguing that that the ex parte Order and the Writ of
(c) The National Electrification Administration. Execution were issued in accordance with law and were not
violative of the requirements of due process; and the ex
5. PAB v. Solar Textile Co [1991] parte Order and the Writ of Execution are not the proper
G.R. No. 93891, 11 March 1991 subjects of a petition for certiorari, Oscar A. Pascua and
Third Division, Feliciano (J), 4 concur Charemon Clio L. Borre for petitioner asked the Supreme
2. POLITICAL LAW; POLICE POWER; ENACTMENT OF Court to review the Decision and Resolution promulgated
POLLUTION CONTROL STATUTES AND IMPLEMENTING by the Court of Appeals entitled "Solar Textile Finishing
REGULATIONS, AN EXERCISE THEREOF. The relevant Corporation v. Pollution Adjudication Board," which
pollution control statute and implementing regulations reversed an order of the Regional Trial Court. In addition,
were enacted and promulgated in the exercise of that petitioner Board claims that under P.D. No. 984, Section
persuasive, sovereign power to protect the safety, health, 7(a), it has legal authority to issue ex parte orders to
and general welfare and comfort of the public, as well as the suspend the operations of an establishment when there is
protection of plant and animal life, commonly designated as prima facie evidence that such establishment is discharging
the police power. effluents or wastewater, the pollution level of which
exceeds the maximum permissible standards set by the
3. CONSTITUTIONAL LAW; DUE PROCESS; YIELDS TO THE NPCC (now, the Board). Petitioner Board contends that the
EXERCISE OF POLICE POWER. It is a constitutional reports before it concerning the effluent discharges of Solar
common place that the ordinary requirements of procedural into the River provided prima facie evidence of violation by
due process yield to the necessities of protecting vital public Solar of Section 5 of the 1982 Effluent Code. Solar, on the
interests like those here involved, through the exercise of other hand, contends that under the Board's own rules and
police power. regulations, an ex parte order may issue only if the effluents
Pollution Adjudication Board vs. CA et al. discharged pose an "immediate threat to life, public health,
safety or welfare, or to animal and plant life." In the instant
FACTS: Respondent, Solar Textile Finishing Corporation was case, according to Solar, the inspection reports before the
involved in bleaching, rinsing and dyeing textiles with Board made no finding that Solar's wastewater discharged
wastewater being directly discharged into a canal leading to posed such a threat.
the adjacent Tullahan- Tinerejos River. Petitioner Board, an
agency of the Government charged with the task of ISSUE: Whether or not the Court of Appeals erred in
determining whether the effluents of a particular industrial reversing the trial court on the ground that Solar had been
establishment comply with or violate applicable anti- denied due process by the Board.
pollution statutory and regulatory provisions, have been
remarkably forbearing in its efforts to enforce the HELD: The Court found that the Order and Writ of Execution
applicable standards vis-a-vis Solar. Solar, on the other were entirely within the lawful authority of petitioner
hand, seemed very casual about its continued discharge of Board. Ex parte cease and desist orders are permitted by
untreated, pollutive effluents into the river. Petitioner law and regulations in situations like here. The relevant
Board issued an ex parte Order directing Solar immediately pollution control statute and implementing regulations
to cease and desist from utilizing its wastewater pollution were enacted and promulgated in the exercise of that
source installations. Solar, however, with preliminary pervasive, sovereign power to protect the safety, health, and
injunction against the Board, went to the Regional Trial general welfare and comfort of the public, as well as the
Court on petition for certiorari, but it was dismissed upon protection of plant and animal life, commonly designated as
two (2) grounds, i.e., that appeal and not certiorari from the the police power. It is a constitutional commonplace that
questioned Order of the Board as well as the Writ of the ordinary requirements of procedural due process yield
Execution was the proper remedy, and that the Board's to the necessities of protecting vital public interests like
subsequent Order allowing Solar to operate temporarily those here involved, through the exercise of police power.
had rendered Solar's petition moot and academic. Hence, the trial court did not err when it dismissed Solar's
Dissatisfied, Solar went on appeal to the Court of Appeals, petition for certiorari. It follows that the proper remedy was


an appeal from the trial court to the Court of Appeals, as disapprove all plans, programs, and projects proposed by
Solar did in fact appeal. The Court gave due course on the local government offices/agencies within the region, public
Petition for Review and the Decision of the Court of Appeals corporations, and private persons or enterprises where
and its Resolution were set aside. The Order of petitioner such plans, programs and/or projects are related to those of
Board and the Writ of Execution, as well as the decision of the LLDA for the development of the region. . . . While it is a
the trial court were reinstated, without prejudice to the fundamental rule that an administrative agency has only
right of Solar to contest the correctness of the basis of the such powers as are expressly granted to it by law, it is
Board's Order and Writ of Execution at a public hearing likewise a settled rule that an administrative agency has
before the Board. also such powers as are necessarily implied in the exercise
of its express powers. In the exercise, therefore, of its
6. Laguna Lake Development Auth v. CA [1995] express powers under its charter, as a regulatory and quasi-
HERMOSISIMA, JR., J p: judicial body with respect to pollution cases in the Laguna
POLITICAL LAW; LOCAL GOVERNMENT; REPUBLIC ACT NO. Lake region, the authority of the LLDA to issue a 'cease and
7160; DOES NOT CONTAIN ANY EXPRESS PROVISION desist order' is, perforce, implied. Otherwise, it may well be
CATEGORICALLY REPEALING THE CHARTER OF THE reduced to a 'toothless' paper agency." There is no question
LAGUNA LAKE DEVELOPMENT AUTHORITY. We hold that the Authority has express powers as a regulatory and
that the provisions of Republic Act No. 7160 do not quasi-judicial body in respect to pollution cases with
necessarily repeal the aforementioned laws creating the authority to issue a "cease and desist order" and on matters
Laguna Lake Development Authority and granting the latter affecting the construction of illegal fishpens, fishcages and
water rights authority over Laguna de Bay and the lake other aqua-culture structures in Laguna de Bay. The
region. The Local Government Code of 1991 does not Authority's pretense, however, that it is co-equal to the
contain any express provision which categorically expressly Regional Trial Courts such that all actions against it may
repeal the charter of the Authority. It has to be conceded only be instituted before the Court of Appeals cannot be
that there was no intent on the part of the legislature to sustained. On actions necessitating the resolution of legal
repeal Republic Act No. 4850 and its amendments. The questions affecting the powers of the Authority as provided
repeal of laws should be made clear and expressed. for in its charter, the Regional Trial Courts have jurisdiction.

ADMINISTRATIVE AGENCIES; LAGUNA LAKE 4. ID.; ID.; ID.; HAS EXCLUSIVE JURISDICTION TO ISSUE
DEVELOPMENT AUTHORITY; A REGULATORY AND QUASI- PERMITS FOR THE ENJOYMENT OF FISHERY PRIVILEGES
JUDICIAL BODY. In respect to the question as to whether IN LAGUNA DE BAY TO THE EXCLUSION OF
the Authority is a quasi-judicial agency or not, it is our MUNICIPALITIES SITUATED THEREIN AND THE
holding that, considering the provisions of Section 4 of AUTHORITY TO EXERCISE SUCH POWERS AS ARE BY ITS
Republic Act No. 4850 and Section 4 of Executive Order No. CHARTER VESTED ON IT. This Court holds that Section
927, series of 1983, and the ruling of this Court in Laguna 149 of Republic Act No. 7160, otherwise known as the Local
Lake Development Authority vs. Court of Appeals,231 SCRA Government Code of 1991, has not repealed the provisions
304, 306, which we quote: ". . . As a general rule, the of the charter of the Laguna Lake Development Authority,
adjudication of pollution cases generally pertains to the Republic Act No. 4850, as amended. Thus, the Authority has
Pollution Adjudication Board (PAB), except in cases where the exclusive jurisdiction to issue permits for the enjoyment
the special law provides for another forum. It must be of fishery privileges in Laguna de Bay to the exclusion of
recognized in this regard that the LLDA, as a specialized municipalities situated therein and the authority to exercise
administrative agency, is specifically mandated under such powers as are by its charter vested on it. Removal from
Republic Act No. 4850 and its amendatory laws to carry out the Authority of the aforesaid licensing authority will
and make effective the declared national policy of render nugatory its avowed purpose of protecting and
promoting and accelerating the development and balanced developing the Laguna Lake Region. Otherwise stated, the
growth of the Laguna Lake area and the surrounding abrogation of this power would render useless its reason for
provinces of Rizal and Laguna and the cities of San Pablo, being and will in effect denigrate, if not abolish, the Laguna
Manila, Pasay, Quezon and Caloocan with due regard and Lake Development Authority. This, the Local Government
adequate provisions for environmental management and Code of 1991 had never intended to do.
control, preservation of the quality of human life and
ecological systems, and the prevention of undue ecological 7. RA 7611: Strategic Environmental Plan for Palawan
disturbances, deterioration and pollution. Under such a Sec.1 Title. This Act shall be known as the "Strategic
broad grant of power and authority, the LLDA, by virtue of Environmental Plan (SEP) for Palawan Act."
its special charter, obviously has the responsibility to
protect the inhabitants of the Laguna Lake region from the Sec.2 Declaration of Policy. It is hereby declared the policy
deleterious effects of pollutants emanating from the of the State to protect, develop and conserve its natural
discharge of wastes from the surrounding areas. In carrying resources. Toward this end, it shall assist and support the
out the aforementioned declared policy, the LLDA is implementation of plans, programs and projects formulated
mandated, among others, to pass upon and approve or to preserve and enhance the environment, and at the same


time pursue the socioeconomic development goals of the (9) "Commercial logging" refers to the cutting, felling or
country. destruction of trees from old growth and residual forests for
the purpose of selling or otherwise disposing of the cut or
It shall support and promote the sustainable development felled logs for profit;
goals for the provinces through proper conservation, (10) "SEP" refers to the Strategic Environmental Plan
utilization and development of natural resources to provide discussed in Section 4 of this Act;
optimum yields on a continuing basis. With specific (11) "ECAN" refers to the Environmentally Critical Areas
reference to forest resources, the Network as provided in Section 7 of this Act; and
State shall pursue and implement forest conservation and (I2) "EMES" refers to the Environmental Monitoring and
protection through the imposition of a total commercial Evaluation System provided in Section 13 of this Act.
logging ban as hereinafter provided.
Sec.4 Strategic Environmental Plan. -A comprehensive,
It shall also adopt the necessary measures leading to the framework for the sustainable development of Palawan
creation of an institutional machinery including, among compatible with protecting and enhancing the natural
others, fiscal and financial programs to ensure the effective resources and endangered environment of the province is
and efficient implementation of environmental plans, hereby adopted. Such framework shall be known as the
programs, and projects. Strategic Environmental Plan for Palawan, hereinafter
referred to as SEP and shall serve to guide the local
It shall also promote and encourage the involvement of all government of Palawan and the government agencies
sectors of society and maximize people participation in concerned in the formulation and implementation of plans,
natural resource management, conservation and protection. programs and projects affecting said province.
Sec. 5 Strategic Environmental Plan (SEP) Philosophy. - The
Sec. 3 Definition of Terms. - As used in this Act, the following SEP shall have, as its general philosophy, the sustainable
terms are defined as follows: development of Palawan, which is the improvement in the
(1) "Palawan" refers to the Philippine province composed of quality of life of its people in the present and future
islands and islets located 70 47' and 120 22' north latitude generations through the use of complementary activities of
and 1170 00' and 110 951' east longitude, generally development and conservation that protect life-support
bounded by the South China Sea to the northwest and by the ecosystems and rehabilitate exploited areas to allow
Sulu Sea to the east; upcoming generations to sustain development growth. It
(2) "Sustainable development" means the improvement in shall have the following features:
the quality of life of the present and future generations
through the complementation of development and (1) Ecological viability - The physical and biological cycles
environmental protection activities; that maintain the productivity of natural ecosystems must
(3) "Natural resources" refers to life-support systems such always be kept intact;
as the sea, coral reefs, soil, lakes, rivers, streams, and forests (2) Social acceptability - The people themselves, through
as well as useful products found therein such as minerals, participatory processes, should be fully committed to
wildlife, trees and other plants, including the aesthetic support sustainable development activities by fostering
attributes equity in access to resources and the benefits derived from
of scenic sites that are not man-made; them; and
(4) "Tribal land areas" refers to the areas comprising both (3) Integrated approach - This allows for a holistic view of
land and sea that are traditionally occupied by the cultural problems and issues obtaining in the environment as well as
minorities; opportunities for coordination and sharing that will
(5) "Environmentally critical areas" refers to terrestrial, eventually provide the resources and political will to
aquatic and marine areas that need special protection and actually implement and sustain SEP activities.
conservation measures as they are ecologically fragile;
(6) "Participatory processes" means the involvement of all Sec.7 Environmentally Critical Areas Network (ECAN) -The
the key sectors of development, from the grassroots to the SEP shall establish a graded system of protection and
policy-making bodies of the National Government, in development control over the whole of Palawan, including
providing the values and ideas from which strategic its tribal lands forests, mines, agricultural areas, settlement
development and environmental protection action can come areas, small islands, mangroves, coral reefs, sea grass beds
about; and the surrounding sea. This shall be known as the
(7) "Conservation" refers to the wise use of natural Environmentally Critical Areas Network, hereinafter
resources that assures regeneration and replenishment for referred to as ECAN, and shall serve as the main strategy of
continuous benefit; the SEP.
(8) "Ecology" refers to the life-sustaining interrelationship
and interactions of organisms with each other and with The ECAN shall ensure the following:
their physical surroundings; (I) Forest conservation and protection through the
imposition of a total commercial logging ban in all areas of


maximum protection and in such other restricted use zones are directed to enact ordinances that protect the
as the Palawan Council for Sustainable Development as environment and impose appropriate penalties for acts
hereinafter created may provide; which endanger the environment such as dynamite fishing
(2) Protection of watersheds; and other forms of destructive fishing. One of the devolved
(3) Preservation of biological diversity; powers under the Code is the enforcement of fishery laws in
municipal waters including the conservation of mangroves.
(4) Protection of tribal people and the preservation of their In light then of the principles of decentralization and
culture. (5) Maintenance of maximum sustainable yield; devolution and the powers granted therein to local
(6) Protection of the rare and endangered species and their government units under the General Welfare Clause and
habitat; those which involve the exercise of police power, the
(7) Provision of areas [or environmental and ecological validity of the questioned Ordinances cannot be doubted.
research, education and training; and
(8) Provision of areas for tourist and recreation. The ordinances find full support under R.A. 7611, otherwise
known as the Strategic Environment Plan (SEP) for Palawan
Sec.8 Main Components. - The areas covered by the ECAN Act, approved on 19 June 1992 which adopts a
shall be classified into three (3) main components; comprehensive framework for the sustainable development
(1) Terrestrial - The terrestrial component shall consist of Palawan compatible with protecting and enhancing the
of the mountainous as well as ecologically natural resources and endangered environment of the
important low hills and lowland areas of the whole province.
province. It may be further subdivided into smaller
management components; The dissenting opinion of Justice Bellosillo relies upon the
(2) Coastal/marine area - This area includes the whole lack of authority on the part of the Sangguniang Panlungsod
coastline up to the open sea. This is characterized of Puerto Princesa to enact Ordinance No. 15, series of 1992,
by active fisheries and tourism activities; and as the subject thereof is within the jurisdiction and
(3) Tribal ancestral lands -These are the areas responsibility of the Bureau of Fisheries and Aquatic
traditionally occupied by the cultural communities. Resources (BFAR) under P.D. No. 704, the Fisheries Decree
of 1975, and the ordinance is unenforceable for lack of
8. Tano v. Socrates [1997] approval by the Secretary of the Department of
DAVIDE, JR., J p: Environment and Natural Resources (DENR) under P.D.
On December 15, 1992, the Sangguniang Panlungsod of 704. But BFAR is no longer under the Department of Natural
Puerto Princesa City enacted Ordinance No. 15-92 banning Resources (now DENR), but under the Ministry of
the shipment of all live fish and lobster outside Puerto Agriculture and Food and converted into a mere staff
Princesa City effective for five years. To implement the agency thereof. The approval that should be sought would
ordinance, the City Mayor of Puerto Princesa City issued be that of the Secretary of the Department of Agriculture.
Office Order No. 23 dated January 23, 1993, ordering However, the requirement of approval by the Secretary has
inspections on cargoes containing live fish and lobster being been dispensed with.
shipped out from air and sea. Likewise, on February 19,
1993, the Sangguniang Panlalawigan of the Provincial SYLLABUS:
Government of Palawan, enacted Resolution No. 33 and CONSTITUTIONAL LAWS; SOCIAL JUSTICE AND HUMAN
Ordinance No. 2, series of 1993, prohibiting the catching, RIGHTS; AGRARIAN AND NATURAL RESOURCES REFORM;
gathering, possessing, buying, selling and shipment of live SUBSISTENCE FISHERMEN; DISTINGUISHED FROM
marine coral dwelling aquatic organisms for a period of five MARGINAL FISHERMEN. Since the Constitution does not
years. specifically provide a definition of the terms "subsistence"
or "marginal" fishermen, they should be construed in their
Petitioners challenged the aforementioned ordinances and general and ordinary sense. A marginal fisherman is an
office order on the ground that it deprived them of due individual engaged in fishing whose margin of return or
process of law, their livelihood, and unduly restricted them reward in his harvest of fish as measured by existing price
from the practice of their trade. levels is barely sufficient to yield a profit or cover the cost of
gathering the fish, while a subsistence fisherman is one
The Supreme Court ruled that the challenged ordinances do whose catch yields but the irreducible minimum for his
not suffer any infirmity, both under the Constitution and livelihood. Section 131(p) of the LGC (R.A. No. 7160) defines
applicable laws, including the Local Government Code. a marginal farmer or fisherman as "an individual engaged in
There is no showing that any of the petitioners qualifies as a subsistence farming or fishing which shall be limited to the
subsistence or marginal fisherman. sale, barter or exchange of agricultural or marine products
produced by himself and his immediate family." It bears
The Local Government Code vests municipalities with the repeating that nothing in the record supports a finding that
power to grant fishery privileges in municipal waters and any petitioner falls within these definitions.
impose rentals, fees or charges therefor. The Sangguniangs


6. ID.; ID.; ID.; PREFERENTIAL RIGHT OF SUBSISTENCE OR during closed season; and (5) R.A. No. 6451 which prohibits
MARGINAL FISHERMEN TO THE USE OF MARINE and punishes electrofishing, as well as various issuances of
RESOURCES IS NOT AT ALL ABSOLUTE. Anent Section 7 the BFAR. To those specifically devolved insofar as the
of Article XIII, it speaks not only of the use of communal control and regulation of fishing in municipal waters and
marine and fishing resources, but of their protection,
the protection of its marine environment are concerned,
development and conservation. As hereafter shown, the
ordinances in question are meant precisely to protect and must be added the following: 1. Issuance of permits to
conserve our marine resources to the end that their construct fish cages within municipal waters; 2. Issuance of
enjoyment may be guaranteed not only for the present permits to gather aquarium fishes within municipal waters;
generation, but also for the generations to come. The so- 3. Issuance of permits to gather kapis shells within
called "preferential right" of subsistence or marginal municipal waters; 4. Issuance of permits to gather/culture
fishermen to the use of marine resources is not at all shelled mollusks within municipal waters; 5. Issuance of
absolute. In accordance with the Regalian Doctrine, marine licenses to establish seaweed farms within municipal
resources belong to the State, and, pursuant to the first
waters; 6. Issuance of licenses to establish culture pearls
paragraph of Section 2, Article XII of the Constitution, their
"exploration, development and utilization . . . shall be under within municipal waters; 7. Issuance of auxiliary invoice to
the full control and supervision of the State." Moreover, transport fish and fishery products; and 8. Establishment of
their mandated protection, development and conservation "closed season" in municipal waters. These functions are
as necessarily recognized by the framers of the Constitution, covered in the Memorandum of Agreement of 5 April 1994
imply certain restrictions on whatever right of enjoyment between the Department of Agriculture and the Department
there may be in favor of anyone. of Interior and Local Government.

LGC HAS THE POWER TO ENFORCE FISHERIES LAWS IN 11. ID.; ID.; HAS THE POWER, INTER ALIA, TO ENACT
MUNICIPAL WATERS INCLUDING THE CONSERVATION OF ORDINANCE TO ENHANCE THE RIGHT OF THE PEOPLE TO
MANGROVE. One of the devolved powers enumerated in A BALANCED ECOLOGY. Under the general welfare
the section of the LGC on devolution is the enforcement of clause of the LGC, local government units have the
fishery laws in municipal waters including the conservation power, inter alia, to enact ordinances to enhance the right of
of mangroves. This necessarily includes the enactment of the people to a balanced ecology. It likewise specifically
ordinances to effectively carry out such fishery laws within vests municipalities with the power to grant fishery
the municipal waters. The term "municipal waters," in turn, privileges in municipal waters, and impose rentals, fees or
includes not only streams, lakes, and tidal water within the charges therefor; to penalize, by appropriate ordinances,
municipality, not being the subject of private ownership and the use of explosives, noxious or poisonous substances,
not comprised within the national parks, public forest, electricity, muro-ami, and other deleterious methods of
timber lands, forest reserves, or fishery reserves, but also fishing; and to prosecute any violation of the provisions of
marine waters included between two lines drawn applicable fishery laws. Finally, it imposes upon
perpendicularly to the general coastline from points where the sangguniang bayan, thesangguniang panlungsod, and
the boundary lines of the municipality or city touch the sea the sangguniang panlalawigan the duty to enact ordinances
at low tide and a third line parallel with the general to "[p]rotect the environment and impose appropriate
coastline and fifteen kilometers from it. Under P.D. No. 704, penalties for acts which endanger the environment such as
the marine waters included in municipal waters is limited to dynamite fishing and other forms of destructive fishing . . .
three nautical miles from the general coastline using the and such other activities which result in pollution,
above perpendicular lines and a third parallel line. cTDaEH acceleration of eutrophication of rivers and lakes or of
ecological imbalance."
10. ID.; ID.; ID.; SCOPE. These "fishery laws" which local
government units may enforce under Section 17(b)(2)(i) in 12. ID.; BUREAU OF FISHERIES AND AQUATIC RESOURCES;
municipal waters include: (1) P.D. No. 704; (2) P.D. No. JURISDICTION AND RESPONSIBILITY OVER ALL FISHERY
1015 which, inter alia, authorizes the establishment of a AND AQUATIC RESOURCES OF THE COUNTRY; NOT ALL-
"closed season" in any Philippine water if necessary for ENCOMPASSING. The nexus then between the activities
conservation or ecological purposes; (3) P.D. No. barred by Ordinance No. 15-92 of the City of Puerto
1219 which provides for the exploration, exploitation, Princesa and the prohibited acts provided in Ordinance No.
utilization and conservation of coral resources; (4) R.A. No. 2, Series of 1993 of the Province of Palawan, on one hand,
5474, as amended by B.P. Blg. 58, which makes it unlawful and the use of sodium cyanide, on the other, is painfully
for any person, association or corporation to catch or cause obvious. In sum, the public purpose and reasonableness of
to be caught, sell, offer to sell, purchase, or have in the Ordinances may not then be controverted. As to Office
possession any of the fish specie called gobiidae or "ipon"

Order No. 23, Series of 1993, issued by Acting City Mayor
Amado L. Lucero of the City of Puerto Princesa, we find would be that of the Secretary of the Department of
nothing therein violative of any constitutional or statutory Agriculture. However, the requirement of approval by the
provision. The Order refers to the implementation of the Secretary of the Department of Agriculture (not DENR) of
challenged ordinance and is not the Mayor's Permit. The municipal ordinances affecting fishing and fisheries in
dissenting opinion of Mr. Justice Josue N. Bellosillo relies municipal waters has been dispensed with.
upon the lack of authority on the part of the Sangguniang
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Panlungsod of Puerto Princesa to enact Ordinance No. 15,
3RD ASSIGNMENT
Series of 1992, on the theory that the subject thereof is 1. PD 1152: Envi Code of Phils
within the jurisdiction and responsibility of the Bureau of 2. RA 8749 : Clean Air Act
Fisheries and Aquatic Resources (BFAR) under P.D. No. 704, 3. RA 9275: Clean Water Act
otherwise known as the Fisheries Decree of 1975; and that, 4. RA 9003: Ecological Solid Waste Management Act
in any event, the Ordinance is unenforceable for lack of 5. RA 6969: Toxic Substances Control Act
approval by the Secretary of the Department of Natural 6. PD 1586: Environmental Impact Assessment
Resources (DNR), likewise in accordance with P.D. No. 704. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The majority is unable to accommodate this view. The
1. PD 1152: Envi Code of Phils - Enacted in June 6, 1977
jurisdiction and responsibility of the BFAR under P.D. No. Purpose : To achieve and maintain such levels of air quality
704, over the management, conservation, development, as to protect public health and to prevent to the greatest
protection, utilization and disposition of all fishery and extent practicable, injury and/or damage to plant and
aquatic resources of the country is not all encompassing. animal life and property, and promote the social and
First, Section 4 thereof excludes from such jurisdiction and economic development of the country
responsibility municipal waters, which shall be under the - Control Area - Nationwide
municipal or city government concerned, except insofar as
Overview
fishpens and seaweed culture in municipal centers are
The broad spectrum of environment has become a matter of
concerned. This section provides, however, that all vital concern to the government
municipal or city ordinances and resolutions affecting The national leadership has taken a step towards this
fishing and fisheries and any disposition thereunder shall be direction by creating the National Environmental Protection
submitted to the Secretary of the Department of Natural Council
Resources for appropriate action and shall have full force
and effect only upon his approval. Second, it must at once be It is necessary that the creation of the Council be
pointed out that the BFAR is no longer under the complemented with the launching of comprehensive
program of environmental protection and management
Department of Natural Resources (now Department of
Such a program can assume tangible and meaningful
Environment and Natural Resources). Executive Order No.
significance only by establishing specific environment
967 of 30 June 1984 transferred the BFAR from the control management policies and prescribing environment quality
and supervision of the Minister (formerly Secretary) of standards in a Philippine Environment Code
Natural Resources to the Ministry of Agriculture and Food
(MAF) and converted it into a mere staff agency thereof, Features
integrating its functions with the regional offices of the 1. Provided a comprehensive program of environmental
MAF. protection and management. The Code established specific
environment management policies and prescribes
13. ID.; SECRETARY OF THE DEPARTMENT OF environmental quality standards.
AGRICULTURE; APPROVAL OF MUNICIPAL ORDINANCE 2. To achieve and maintain such levels of air quality as to
AFFECTING FISHING AND FISHERIES IN MUNICIPAL protect public health and to prevent to the greatest extent
practicable, injury and/or damage to plant and animal life
WATERS HAS BEEN DISPENSED WITH; REASON
and property, and promote the social and economic
THEREFOR. In Executive Order No. 116 of 30 January
development of the country
1987, which reorganized the MAF, the BFAR was retained as 3. Prescribe management guidelines to protect and improve
an attached agency of the MAF. And under water quality through: classification of Philippine waters,
the Administrative Code of 1987, the BFAR is placed under establishment of water quality standards, protection and
the Title concerning the Department of Agriculture. improvement of the quality of the Philippine water
Therefore, it is incorrect to say that the challenged resources, and responsibilities for surveillance and
Ordinance of the City of Puerto Princesa is invalid or mitigation of pollution incidents
4. Set guidelines for waste management with a view to
unenforceable because it was not approved by the Secretary
ensuring its effectiveness, encourage, promote and
of the DENR. If at all, the approval that should be sought
stimulate technological, educational, economic and social


efforts to prevent environmental damage and unnecessary
loss of valuable resources of the nation through recovery, 2. RA 8749 : Philippines: Clean Air Act
recycling and re-use of wastes and wastes products, and
provide measures to guide and encourage appropriate Overview: The Clean Air Act outlines the governments
government agencies in establishing sound, efficient, measures to reduce air pollution and incorporate
comprehensive and effective wastes management covering environmental protection into its development plans. It
both solid and liquid wastes relies heavily on the polluter pays principle and other
TITLE III LAND USE MANAGEMENT market-based instruments to promote self-regulation
Purposes (Sec. 22) - Rational, orderly & efficient among the population. It sets emission standards for all
acquisition, utilization & disposition of land to derive motor vehicles and issues registration only upon
maximum benefit demonstration of compliance. It also issues pollutant
- To encourage prudent use and conservation National Land limitations for industry. Polluting vehicles and industrial
Use Scheme (Sec. 23) processes must pay a charge. Any individual, enterprise,
- Human Settlements Commission shall formulate and corporation or groups that installed pollution control
recommend to the National Environmental Protection devices or retrofitted its existing facilities to comply with
Council a land use scheme the emissions standards in the Act can apply for tax
BP 220 & PD 957 (Subdivision and Condominium Buyers incentives of accelerated depreciation, deductibility of R&D
Protective Decree) Location of Industries (Sec. 24) expenditures or tax credits on the VAT of the equipment
and are exempt from real property tax on the machinery or
TITLE IV NATURAL RESOURCES MANAGEMENT AND equipment used to comply. It also establishes a R&D
CONSERVATION program for air pollution reduction mechanisms and
1. Fisheries & Aquatic Resources technologies. It bans incineration and smoking in public
RA 8550- Philippine Fisheries Code of 1998 places. At the local and municipal levels, governments are
2. Wildlife RA 9147- Wildlife Resources Conservation and allowed to set emission quotas by pollution source, and the
Protection Act development of recycling programs is encouraged.
3. Forestry & Soil Conservation
PD 705- Revised Forestry Code of 1998 DECLARATION OF POLICIES
RA 8435 Agriculture & Fisheries Modernization Act of It shall be the policy of the State to: Formulate a holistic
1997 national program of air pollution management that shall be
4. Flood Control and Natural Calamities implemented by the government through proper delegation
PD 10121- Philippine Disaster Risk Reduction and and effective coordination of functions and activities.
Management Act of 2010
5. Energy Development RECOGNITION OF RIGHTS
RA 7638- Department of Energy Act of 1992 1. The right to breathe clean air;
6. Conservation and Utilization of Surface Ground Waters 2. The right to utilize and enjoy all natural resources
PD 1067- Water Code of the Philippines Mineral Resources according to the principle of sustainable development;
RA 7942- Philippine Mining Act of 1995 3. The right to participate in the formulation, planning,
RA 7076- Peoples Small Scale Mining Act of 1991 implementation and monitoring of environmental policies
and programs and in the decision-making process;
TITLE V WASTE MANAGEMENT (RA 9003)
Enforcement Guidelines AIR QUALITY MANAGEMENT SYSTEM
Methods of Solid Waste Management Disposal Air Quality Monitoring and Information Network. - The
Methods of Liquid Waste Management Disposal Department shall prepare an annual National Air Quality
Status Report which shall be used as the basis in
TITLE VI MISCELLANEOUS PROVISIONS formulating the Integrated Air Quality Improvement
Sec. 52. Population-Environment Balance Framework as provided for in Section 7.
Sec. 53. Environmental Education
Sec. 54 Environmental Research Integrated Air Quality Improvement Framework - The
Sec. 55. Monitoring and Dissemination of Environmental Department shall, within six (6) months after the effectivity
Info of this Act, establish, with the participation of LGUs, NGOs,
Sec. 56. Incentives POs, the academe and other concerned entities from the
Sec. 57. Financial Assistance/ Grant private sector, formulate and implement the Integrated Air
Sec. 58. Participation of Local Government Units and Private Quality Improvement Framework for a comprehensive air
Indiv. pollution management and control program.
Sec. 59 Preservation of Prehistoric & Cultural Resources &
Heritage Air Quality Control Action Plan. Within six (6) months after
Sec. 60. Government Offices Performing Environmental the formulation of the framework, the Department shall
Protection with public participation, formulate and implement an air


quality control action plan consistent with Section 7 of this Regulation of All Motor Vehicles and Engines. Any imported
Act. new or locally-assembled new motor vehicle shall not be
To effectively carry out the formulated action plans, a registered unless it complies with the emission standards
Governing Board is hereby created, hereinafter referred to set pursuant to this Act, as evidenced by a Certificate of
as the Board. Conformity (COC) issued by the Department.

Air Quality Control Techniques. - Simultaneous with the Pollution from Smoking. - Smoking inside a public building
issuance of the guideline values and standards, the or an enclosed public place including public vehicles and
Department, through the research and development other means of transport or in any enclosed area outside of
program contained in this Act and upon consultation with one's private residence, private place of work residence, or
the appropriate advisory committees, government agencies any duly designated smoking area is hereby prohibited
and LGUs, shall issue, and from time to time, revise under this Act. This provision shall be implemented by the
information on air pollution control techniques. LGUs.

Air Quality Management Fund. - An Air Quality FUELS, ADDITIVES SUBSTANCES AND POLLUTANT'S
Management Fund to be administered by the Department as ARTICLE ONE FUELS, ADDITIVES AND SUBSTANCES
a special account in the National Treasury is hereby SEC. 26. Fuels and Additives.
established to finance containment, removal, and clean-up the Department of Energy (DOE), co-chaired by the
operations of the Government in air pollution cases, Department of Environment and Natural Resources (DENR),
guarantee restoration of ecosystem and rehabilitate areas in consultation with the Bureau of Product Standards (BPS)
affected by the acts of violators of this Act. of the DTI, the DOST, the representatives of the fuel and
automotive industries, academe and the consumers shall set
Air Pollution Research and Development Program. The the specifications for all types of fuel and fuel-related
Department in coordination with the Department of Science products
and Technology (DOST), other agencies, the private sector,
the academe, NGOs and POs, shall establish a National SEC. 26. Fuels and Additives. - The DOE, shall also specify
Research and Development Program for the prevention and the allowable content of additives in all types of fuels and
control of air pollution. fuel-related products. Such standards shall be based
primarily on threshold levels of health and research studies.
AIR POLLUTION CLEARANCES AND FOR STATIONARY - the DOE shall likewise limit the content or begin the
SOURCES phase-out of additives in all types of fuels and fuel-related
Permits. - Consistent with the provisions of this Act, the products
Department shall have the authority to issue permits as it
may determine necessary for the prevention and abatement SEC. 26. Fuels and Additives
of air pollution. No person shall manufacture, import, sell, supply, offer for
sale, dispense, transport or introduce into commerce
Pollution From Stationary Sources. - The Department shall beyond specified indexes.
within two (2) years from the effectivity of this Act, and
every two (2) years thereafter, review, or as the need Every two (2) years thereafter or as the need arises, the
therefor arises, revise and publish emission standards for specifications of unleaded gasoline and of automotive and
stationary sources of air pollution. industrial diesel fuels shall be reviewed and revised for
further improvement.
Ban on Incineration. Incineration, hereby defined as the
burning of municipal, bio-medical and hazardous wastes, SEC. 27. Regulation of Fuels and Fuel Additives
which process emits poisonous and toxic fumes, is hereby The DOE, in coordination with the Department and the BPS,
prohibited. shall regulate the use of any fuel or fuel additive.
Local government units are hereby mandated to promote,
encourage and implement in their respective jurisdiction a No manufacturer, processor or trader of any fuel or additive
comprehensive ecological wastes management that includes may import, sell, offer for sale, or introduce into commerce
waste segregation, recycling and composting. such fuel or additive unless the same has been registered
with the DOE.
Pollution from Motor Vehicles. The DOTC shall implement
the emission standards for motor vehicles set pursuant to Prior to registration, the manufacturer, processor or trader
and as provided in this Act. To further improve the emission shall provide the DOE with the following relevant
standards, the Department shall review, revise and publish information.
the standards every two (2) years, or as the need arises.
Misfueling - no person shall introduce or cause or allow the
introduction of leaded gasoline into any motor vehicle


equipped with a gasoline tank filler inlet and labeled The Department or other implementing agencies with
unleaded gasoline only respect to orders, rules and regulations issued inconsistent
with this Act, and/or Any public officer who willfully or
Prohibition on Manufacture, Import and Sale of Leaded grossly neglects the performance of an act specifically
Gasoline and of Engines and/or Components Requiring enjoined as a duty by this Act or its implementing rules and
Leaded Gasoline regulations; or abuses his authority in the performance of
no person shall manufacture, import, sell, offer for sale, his duty; or, in any manner, improperly performs his duties
introduce into commerce, convey or otherwise dispose of, in under this Act or its implementing rules and regulations
any manner leaded gasoline and engines and components
requiring the use of leaded gasoline 3. RA 9275: Clean Water Act

Ozone-Depleting Substances shall also be monitored. Why the need for the Clean Water Act?
As early as 1996, monitoring of the countrys rivers showed
Radioactive Emissions - projects which will involve the use, that only 51% of the classified rivers still met the standards
of atomic and/or nuclear energy, shall be regulated in the for their most beneficial use. The rest were already polluted
interest of public health and welfare by the Philippine from domestic, industrial and agricultural sources.
Nuclear Research Institute (PNRI) and other appropriate
government agencies Most studies point to the fact that domestic wastewater is
the principal cause of organic pollution (at 48%) of our
INSTITUTIONAL MECHANISM water bodies. Yet, only 3% of investments in water supply
The Department or its duly accredited entity shall, after and sanitation were going to sanitation and sewage
proper consultation and notice, require any person who treatment.
owns or operates any emission source or who is subject to
any requirement of this Act to: A recent World Bank report pointed out that Metro Manila
- establish and maintain relevant records; was second to the lowest in sewer connections among
- make relevant reports; major cities in Asia and less than 7% compared to 20% for
- install, use and maintain monitoring equipment or Katmandu, Nepal and 30% for Dhaka, Bangladesh.
methods;
- sample emission, in accordance with the methods, Thirty-one percent (31%) of all illnesses in the country are
locations, intervals, and manner prescribed by the attributed to polluted waters. Clearly, to ensure access to
Department; clean water for all Filipinos, it was imperative that
- keep records on control equipment parameters, government put together a comprehensive strategy to
production variables or other indirect data when direct protect water quality.
monitoring of emissions is impractical;
- provide such other information as the Department may What is the Clean Water Act?
reasonably require the Department, through its authorized The Philippine Clean Water Act of 2004 (Republic Act No.
representatives, shall have the right of: 9275) aims to protect the countrys water bodies from
- entry or access to any premises including documents and pollution from land-based sources (industries and
relevant materials commercial establishments, agriculture and
- inspect any pollution or waste source, control device, community/household activities). It provides for a
monitoring equipment or method required; and comprehensive and integrated strategy to prevent and
- test any emission. minimize pollution through a multisectoral and
participatory approach involving all the stakeholders.
Public Education and Information Campaign. - A continuing
air quality information and education campaign shall be Highlights of the Clean Water Act
promoted How will water quality be managed?
Management of water quality will either be based on
ACTIONS watershed, river basin or water resources region. Water
Administrative Action- Sec. 40 provides that the quality management areas with similar hydrological,
Department shall institute administrative proceedings hydrogeological, meteorological or geographic conditions
against any person who violates: which affect the reaction and diffusion of pollutants in
a) Standards or limitation provided under this Act; or water bodies are to be designated by the DENR in
b) Any order, rule or regulation issued by the Department coordination with the
with respect to such standard or limitation.
National Water Resources Board (NWRB).
Citizen Suits- Any person who violates or fails to comply Who will manage these areas?
with the provisions of this Act or its implementing rules and
regulations; or


Management will be localized. Multi-sectoral governing which will be developed in consultation with all concerned
boards will be established to manage water quality issues stakeholders is expected to encourage investments in
within their jurisdiction. cleaner production and pollution control technologies to
reduce the amount of pollutants generated and discharged.
Who are the members of the Governing Boards?
Governing Boards shall be composed of representatives of Effluent trading per management area will also be allowed.
mayors and governors as well as local government units, Rewards will also be given to those whose wastewater
representatives of relevant national government agencies, discharge is better than the water quality criteria of the
duly registered non-government organizations, the receiving body of water. Fiscal and non-fiscal incentives will
concerned water utility sector and the business sector. also be given to LGUs, water districts, enterprise, private
entities and individuals who develop and undertake
What are the functions of the Governing Boards? outstanding and innovative projects in water quality
The Governing Boards will formulate strategies to management.
coordinate policies necessary for the effective
implementation of this Act. They will create a multi-sectoral What safeguards are provided for?
group to establish and effect water quality surveillance and All possible dischargers are required to put up an
monitoring. environmental guarantee fund (EGF) as part of their
environmental management plan. The EGF will finance the
How will discharges of wastewater be controlled? conservation of watersheds and aquifers, and the needs of
All owners or operators of facilities that discharge emergency response, clean up or rehabilitation.
wastewater are required to get a permit to discharge from
the DENR or the Laguna Lake Development Authority. What are the prohibited acts under R.A. 9275?
Existing industries without any permit are given 12 months Among others, the Act prohibits the following:
from the effectivity of the implementing rules and Discharging or depositing any water pollutant to the water
regulations (IRR) promulgated pursuant to this Act to body, or such which will impede natural flow in the
secure a permit to discharge. water body
Discharging, injecting or allowing to enter into the soil,
How will domestic wastewater be addressed? anything that would pollute groundwater
The Department of Public Works and Highways (DPWH), in Operating facilities that discharge regulated water
coordination with local government units will prepare a pollutants without the valid required permits
national program on sewage and septage management not Disposal of potentially infectious medical waste into sea
later than 12 months from effectivity of this Act. A priority by vessels
list will likewise be prepared which will be the basis for the Unauthorized transport or dumping into waters of sewage
allotment of funds on an annual basis by the national sludge or solid waste.
government for the construction and rehabilitation of Transport, dumping or discharge of prohibited chemicals,
required facilities. substances or pollutants listed under Toxic Chemicals,
Hazardous and Nuclear Wastes Control Act (Republic.Act
On the other hand, LGUs are to provide the land including No. 6969)
road right of the way for the construction of sewage and/or Discharging regulated water pollutants without the valid
septage treatment facilities and raise funds for the required discharge permit pursuant to this Act
operations and maintenance of said facilities. Noncompliance of the LGU with the Water Quality
Framework and Management Area Action Plan
The Department of Health (DOH) will formulate guidelines Refusal to allow entry, inspection and monitoring as well
and standards for the collection, treatment and disposal of as access to reports and records by the DENR in
sewage as well as the guidelines for the establishment and accordance with this Act
operation of centralized sewage treatment system. The Refusal or failure to submit reports and/or designate
MWSS and other agencies mandated to provide water pollution control officers whenever required by the
supply and sewerage facilities are required to connect DENR in accordance with this Act
existing sewage lines, subject to the payment of sewerage Directly using booster pumps in the distribution system or
service charges/fees within five years following effectivity tampering with the water supply in such a way to alter
of this Act. or impair the water quality
Operate facilities that discharge or allow to seep, willfully
All sources of sewage and septage are required to comply or through grave negligence, prohibited chemicals,
with the law. substances, or pollutants listed under R.A. No. 6969, into
water bodies.
How will the discharge of wastewater be discouraged? Undertake activities or development and expansion of
Anyone discharging wastewater into a water body will have projects, or operating wastewater treatment/sewerage
to pay a wastewater charge. This economic instrument facilities in violation of P.D.1586 and its IRR.



4. RA 9003: Ecological Solid Waste Management Act k. Provision of rewards, incentives both monetary and non-
monetary, financial assistance, grants and the like to
What is R.A. No. 9003? encourage LGUs and the general public to undertake
Republic Act No. 9003 or the Philippine Ecological Solid effective solid waste management; and
Waste Management Act of 2000 provides the legal
framework for the countrys systematic, comprehensive, l. Promotion of research on solid waste management and
and ecological solid waste management program that shall environmental education in the formal and non-formal
ensure protection of public health and the environment. It sectors.
emphasizes the need to create the necessary mechanisms
and incentives to pursue an effective solid waste 5. R.A 6969 - Toxic Substances and Hazardous and
management at the local government levels. Nuclear Wastes Control Act of 1990

What are the important features of the Solid Waste PURPOSE/OBJECTIVES
Management Act? 1. To keep an inventory of chemicals and such other
a. Creation of the National Solid Waste Management information as may be considered relevant to the
Commission (NSWMC), the National Ecology Center (NEC), protection of health and the environment
and the Solid Waste Management Board in every province, 2. To monitor and regulate the chemical substances and
city and municipality in the country. mixtures that present unreasonable risk or injury to
- The NSWMC shall be responsible in the formulation of health or to the environment in accordance with national
the National Solid Waste Management Framework policies and international commitments
(NSWMF) and other policies on solid waste, in overseeing 3. To inform and educate the populace regarding the
the implementation of solid waste management plans and hazards and risks attendant of toxic chemicals and other
the management of the solid waste management fund. substances and mixture
- The NEC, on the other hand, shall be responsible for 4. To prevent the entry, even in transit, as well as the
consulting, information, training and networking services keeping or storage and disposal of hazardous and nuclear
relative to the implementation of R.A.No. 9003. wastes into the country for whatever purpose
- The Solid Waste Management Board of provinces, cities,
and municipalities shall be responsible for the SCOPE : Importation, Manufacture, Processing, Handling,
development of their respective solid waste management storage, Transportation, Sale, distribution, use and disposal
plans. of ALL unregulated chemical substances and mixtures in the
Philippines, including the entry, even in transit as well as
b. Formulation of the NSWMF: 10-year solid management the keeping or storage and disposal
plans by local government units;
Some Important Definition of Terms
c. Mandatory segregation of solid waste to be conducted Hazardous substances - Substances which presents either
primarily at the source such as household, institutional, Short-term acute hazards or Long Term Environmental
industrial, commercial and agricultural sources; Hazards
Short Term Acute Hazards- Acute toxicity by
d. Setting of minimum requirements to ensure systematic Ingestion / Inhalation or skin absorption / Corrosivity or
collection and transport of wastes and the proper other skin or eye contact hazards or
protection of garbage collectors' health; The risk of fire or explosion;

e. Establishment of reclamation programs and buy-back Long-Term Environmental Hazards
centers for recyclable and toxic materials; Chronic toxicity upon repeated exposure
Carcinogenicity
f. Promotion of eco-labeling in local products and services; Resistance to detoxification process such as biodegradation
The potential to pollute underground or surface waters
g. Prohibition on non-environmentally acceptable products Aesthetically objectionable properties such as offensive
and packaging; odors.

h. Establishment of Materials Recovery Facility (MRF) in Hazardous Waste- Substances that are without any safe
every barangay or cluster of barangays; commercial, industrial, agricultural or economic usage

i. Prohibition against the use of open dumps; IMPLEMENTING AGENCY - The Implementing Agency is the
DEPARTMENT OF ENVIRONMENT AND NATURAL
j. Setting of guidelines/criteria for the establishment of RESOURCES (DENR)
controlled dumps and sanitary landfills;


In formulating the implanting rules and regulations of this chemical substance or mixture is necessary to develop such
law, the Inter-Agency Technical Advisory Council was data.
created.
PROHIBITED ACTS
Inter-Agency Technical Advisory Council - This council is - Knowingly use a chemical substance or mixture which is
composed of Director of Phil. Nuclear Research Institute and imported, manufactured, processed or distributed in
3 Representatives of NGO and the Secretaries of DENR, violation of this Act or implementing rules and regulations
DOH, DTI, DOST, DND (Dept. of National Defense), DFA, or orders;
DOLE, DOF (Dept. of Finance), DA - Failure or refusal to submit reports, notices or other
information, access to records, as required by this Act, or
PRE-MANUFACTURING AND PRE-IMPORTATION permit inspection of establishment where chemicals are
REQUIREMENTS manufactured, processed, stored or otherwise held;
- the manufacturer, processor or importer shall submit the - Failure or refusal to comply with the pre-manufacture and
following information: the name of the chemical substance pre-importation requirements; and
or mixture, its chemical identity and molecular structure, - Cause, aid or facilitate, directly or indirectly, in the storage,
proposed categories of use, an estimate of the amount to be importation, or bringing into Philippines territory, including
manufactured, processed or imported, processing and its maritime economic zones, even in transit, either by
disposal thereof , any test data related to health and means of land, air or sea transportation or otherwise
environmental effects which the manufacturer, processor or keeping in storage any amount of hazardous and nuclear
importer has. wastes in any part of the Philippines.

After passing the requirements, what happens next? 6. PD 1586: Environmental Impact Assessment
The Secretary of Environment and Natural Resources or his Enacted and Implemented in 1978
duly authorized representative shall, within ninety (90)
days from the date of filing of the notice of manufacture, The Environmental Impact Assessment (EIA) System in the
processing or importation of a chemical substance or Philippines, officially referred to as the Philippine EIS
mixture, decide whether or not to regulate or prohibit its System (PEISS), was established under Presidential Decree
importation, manufacture, processing, sale, distribution, use (PD) 1586 on 11 June 1978. Section 4 of PD 1586 provides
or disposal. that no person, partnership or corporation shall undertake
or operate any such declared environmentally critical
The Secretary may, for justifiable reasons, extend the project or area without first securing an Environmental
ninety-day pre-manufacture period within a reasonable Compliance Certificate (ECC). Full implementation of the
time. PEISS transpired after the issuance of Presidential
Proclamation 2146 in 1981 where the technical definition of
Chemicals Exempt from Pre-Manufacture Notification: Environmentally Critical Projects (ECPs) and
- Those included in the categories of chemical substances Environmentally Critical Areas (ECAs) was provided.
and mixtures already listed in the inventory of existing
chemicals; Purpose: To attain and maintain a rational and orderly
balance between socio-economic growth and environmental
- Those to be produced in small quantities solely for protection
experimental or research and developmental purposes;
- Chemical substances and mixtures that will not present an Overview
unreasonable risk to health and the environment; and - The pursuit of a comprehensive and integrated
- Chemical substances and mixtures that exist temporarily environmental protection program necessitates the
and which have no human or environmental exposure such establishment and institutionalization of a system whereby
as those which exist as a result of chemical reaction in the the exigencies of socio-economic undertakings can be
manufacture or processing of a mixture of another chemical reconciled with the requirements of environmental quality
substance. - The regulatory requirements of Environmental Impact
Statement and Assessments instituted in pursuit of this
When will be the testing be required? national environmental protection program have to work
- When there is a reason to believe that the chemical into their full regulatory and procedural details in a manner
substances or mixture may present an unreasonable risk to consistent with the goals of the program
health or the environment or there may be substantial
human or environmental exposure thereto, When there are Features
insufficient data and experience for determining or 1. Declared environmentally critical projects and areas are
predicting the health and environmental effects of the required to obtain an Environmental Compliance
chemical substance or mixture; and, When the testing of the Certificate before operation

2. Environmentally Critical Projects includes heavy
industries, resource extractive industries, infrastructure What are protected areas?
projects, golf course projects - refers to identified portions of land and water set aside by
3. Characteristics of Environmentally Critical Areas: reason of their unique physical and biological significance,
- Areas declared by law as natural parks, watershed managed to enhance biological diversity and protected
reserves, wildlife reserves, and sanctuaries against destructive human exploitation;
- Areas set aside as aesthetic, potential tourist spots
- Areas which constitute the habitat for any endangered What are national parks?
or threatened species of indigenous Philippine wildlife - refers to a forest reservation essentially of natural
(flora and fauna) wilderness character which has been withdrawn from
- Areas of unique historical, archeological, geological or settlement, occupancy or any form of exploitation except in
scientific interests conformity with approved management plan and set aside
- Areas which are traditionally occupied by cultural as such exclusively to conserve the area or preserve the
communities or tribes scenery, the natural and historic objects, wild animals and
- Areas frequently visited and/or hard hit by natural plants therein and to provide enjoyment of these features in
calamities (geologic hazards, floods, typhoons, volcanic such areas;
activity, etc.) - Examples:
- Areas of critical slope Hundred Islands in Alaminos Pangasinan
- Areas classified as prime agricultural lands Mt. Pulag National Park (Benguet, Ifugao)
- Recharged areas of aquifers
- Waterbodies What are natural parks?
- Mangrove areas - a relatively large area not materially altered by human
- Coral reefs activity where extractive resource uses are not allowed and
- Violators shall be punished by the suspension of maintained to protect outstanding natural and scenic areas
cancellation of his/its certificate and or fine for each of national or international significance for scientific,
violation educational and recreational use;
Apo Reef Natural Park (Oriental Mindoro)
THE PROCESS Mayon Volcano (Albay, Bicol)
1. Project Screening
2. Preliminary Site and Project Evaluation What are natural monuments?
3. Scoping - is a relatively small area focused on protection of small
4. Baseline Studies features to protect or preserve nationally significant natural
5. EIA PROPER (THE EIA STUDY) features on account of their special interest or unique
6. EIA Review characteristics
7. Decision Chocolate Hills (Bohol)
8. Monitoring
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - How will this be operationalized?
- The DENR shall submit to the Senate and the House of
4th ASSIGNMENT: Representatives a map and legal descriptions or natural
1. RA 7586 [NIPAS Act] boundaries of each protected area initially comprising the
2. RA 9147 [Wildlife Act] System.
3. RA 8550 [ Fisheries Code] - It will also be made public
4. RA 7942 [ Mineral Resources Act] How will this be operationalized?
5. RA 7076 [People's Small Scale Mining] - Notify the public of the proposed action
6. PD 705 [ Forestry Reform Code] - the President shall issue a presidential proclamation
designating the recommended areas as protected areas and
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - providing for measures for their protection until such time
1. RA 7586 [NIPAS Act] when Congress shall have enacted a law finally declaring
such recommended areas as part of the integrated protected
What does this act aim to do? area systems;
-to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and Who will be in charge of administration and
animals through the establishment of a comprehensive management of the system?
system of integrated protected areas within the - The National Integrated Protected Areas System is hereby
classification of national park as provided for in the placed under the control and administration of the
Constitution. Department of Environment and Natural Resources.
- to establish a National Integrated Protected Areas System - A Protected Areas and Wildlife Division will be created as
(NIPAS) a division in the regional offices of the DENR.


(3) pursuing, with due regard to the national interest, the
What is the Protected Area Management Board? Philippine commitment to international conventions,
- The Board shall, by a majority vote, decide the allocations protection of wildlife and their habitats, and
for budget, approve proposals for funding, decide matters (4) initiating or supporting scientific studies on the
relating to planning, peripheral protection and general conservation of biological diversity.
administration of the area in accordance with the general
management strategy. The provisions of this Act shall be enforceable for all wildlife
species found in all areas of the country, including critical
What is Environmental Impact Assessment? habitats and protected areas under the National Integrated
- Proposals for activities which are outside the scope of the Protected Areas System (NIPAS) Act. Exotic species, or
management plan for protected areas shall be subject to an species which do not naturally occur in the country, are also
environmental impact assessment as required by law before covered by this Act. All designated critical habitats shall be
they are adopted, and the results thereof shall be taken into protected, in coordination with the local government units
consideration in the decision-making process. and other concerned groups, from any form of exploitation
- Republic of the Philippines vs City of Davao G.R. No. 148622 or destruction which may be detrimental to the survival of
species dependent upon these areas.
What if the protected area is an ancestral land?
- Ancestral lands and customary rights and interest arising The introduction, reintroduction or re-stocking of endemic
shall be accorded due recognition. and indigenous wildlife shall be allowed only for population
- The DENR shall prescribe rules and regulations to govern enhancement or recovery. Any introduction shall be subject
ancestral lands within protected areas. They can be evicted to a scientific study. The Act also prohibits the introduction
by the DENR or arranged in a resettlement without their of exotic species into protected areas and critical habitats. If
consent provided there is notice and hearing. and when introduction is allowed, it shall be subjected to
environmental impact assessment and the informed
What are the prohibited acts? consent from local stakeholders.
- Hunting, destroying, disturbing, or mere possession of any
plants or animals or products derived therefrom without a Conservation breeding or propagation of threatened species
permit from the Management Board; shall be encouraged to enhance its population in its natural
- Dumping of any waste products detrimental to the habitat. Breeding shall be done simultaneously with the
protected area, or to the plants and animals or inhabitants rehabilitation and protection of the habitat where the
- Use of any motorized equipment without a permit from captive-bred or propagated species shall be released or
the Management Board reintroduced. When economically important species
- Mutilating, defacing or destroying objects of natural become threatened, collection shall be limited to scientific,
beauty, or objects of interest to cultural communities (of educational or breeding purposes.
scenic value)
- Damaging and leaving roads and trails in a damaged The Act makes it unlawful for any person to undertake the
condition following:
Squatting, mineral locating, or otherwise occupying any - killing and destroying wildlife species, except when it is
land done as part of the religious rituals of established tribal
- Constructing or maintaining any kind of structure, fence or groups or indigenous cultural communities, when the
enclosures, conducting any business enterprise without a wildlife is afflicted with an incurable communicable disease,
permit when it is deemed necessary to put an end to the misery
- Leaving in exposed or unsanitary conditions refuse or suffered by the wildlife, or when it is done to prevent an
debris, or depositing in ground or in bodies of water imminent danger to the life or limb of a human being; when
- Altering, removing destroying or defacing boundary marks the wildlife is killed or destroyed after it has been used in
or signs authorized research or experiments
- inflicting injury which cripples and/or impairs the
2. RA 9147 [Wildlife Act] reproductive system of wildlife species
Approved by President Gloria Macapagal-Arroyo was an - effecting any of the following acts in critical habitats:
important legislative measure geared towards ensuring dumping of waste products detrimental to wildlife;
environmental sustainability. Originating in the House of squatting or otherwise occupying any portion of the
Representatives as HB 10622, filed by Rep. J.R. Nereus O. critical habitat; mineral exploration and/or extraction;
Acosta, the Wildlife Resources Conservation and Protection burning; logging; and quarrying
Act (RA 9147) aims to protect our countrys fauna from - introduction, reintroduction, or restocking of wildlife
illicit trade, abuse and destruction, through (1) conserving resource
and protecting wildlife species and their habitats, (2) - trading of wildlife
regulating the collection and trade of wildlife, - collecting, hunting or possessing wildlife, their by-
products and derivatives


- gathering or destroying of active nests, nest trees, host mangroves to strengthen the habitat and the spawning
plants and the like grounds of fish.
- maltreating and/or inflicting other injuries not covered
by the preceding paragraph; and Remaining Chapters deal with fisheries research and
- transporting of wildlife. development (V), prescribe penalties and offences (VI), and
contain general provisions (VII).
For any person who undertakes these illegal acts, stiff
penalties and fines are meted out. Imprisonment of as much
as 12 years and a fine of P1 million pesos shall be imposed, 4. RA 7942 [ Mineral Resources Act]
if inflicted or undertaken against species listed as critical.
The Philippine Mining Act of 1995 and its Revised
With the approval of The Wildlife Resources Conservation Implementing Rules and Regulations (RIRR) is considered
and Protection Act, Congress continues its commitment to in the industry today as one of the most socially and
protect the environment to ensure an economically and environmentally-sensitive legislations in its class. It has
ecologically sustainable future, following the constitutional specific provisions that take into consideration:
mandate of the State to protect and advance the right of its Local government empowerment;
people to a balanced and healthful ecology in accord with Respect and concern for the indigenous cultural
rhythm and harmony of nature. communities;
Equitable sharing of benefits of natural wealth;
3. RA 8550 [ Fisheries Code] Economic demands of present generation while
The Code makes provision for the management and providing the necessary foundation for future
conservation of fisheries and aquaculture in the Philippines generations;
and the reconstitution or establishment of fisheries Worldwide trend towards globalization; and
institutions both at the national and local level. Protection for and wise management of the environment.
These were the products of long periods of assessment,
The text consists of 133 sections which are divided into 8 evaluation, and rectification of the sins of the past, the
Chapters: Chapter 1 - declares the policy of the State with gaps of the old mining law, and the realities of the
respect to fisheries and contains a large definitions section. present times.
It is a declared policy to limit access to the fishery and
aquatic resources of the Philippines for the exclusive use GOVERNING PRINCIPLES
and enjoyment of Filipino citizens. Another principle of The Implementing Rules and Regulations (DENR
policy is the protection of municipal fishermen. Fishery and Administrative Order No.96-40) of the Philippine Mining
aquatic resources shall be managed in a manner consistent Act of 1995 provides strict adherence to the principle of
with the concept of integrated coastal area management. SUSTAINABLE DEVELOPMENT. This strategy mandates that
Definitions listed in section 4 include: coastal area/zone; the needs of the present should be met without
commercial fishing; municipal waters; foreshore land; compromising the ability of the future generations to meet
maximum sustainable yield; post harvest facilities. their own needs, with the view of improving the quality of
life, both now and in the future. Sustainable development
Chapter II - contains the main body of rules relative to the provides that the use of mineral wealth shall be pro-people
management and conservation of fisheries and to and pro-environment in sustaining wealth creation and
aquaculture. Fisheries are classified in municipal fisheries, improve quality of life.
i.e. fishing in municipal waters, and commercial fishing.
Provisions of the Chapter also regulate post-harvest The principles of SUSTAINABLE MINING operates under the
facilities, activities and trade. following terms:
Mining is a temporary land use for the creation of wealth,
The Bureau of Fisheries and Aquatic resources is leading to an optimum land use in post-mining stage as
reconstituted and Fisheries and Aquatic Management consequence of progressive and engineered mine
Councils are created under provisions of Chapter III. The rehabilitation works done in cycle with mining
Bureau is a national policy advisory and policy operations;
implementation body. A National Fisheries and Aquatic Mining activities must always be guided by current Best
Management Council is created under section 70 and Practices in environmental management committed to
municipal/city councils under section 73. These institutions reducing the impacts of mining while efficiently and
shall assist in the formulation of national polices and local effectively protecting the environment.
policies respectively. The Department of Fisheries may The wealth created as a result of mining accruing to the
designate areas in Philippine waters beyond 15 kilometres Government and the community should lead to other
of the shoreline as fishery reservation or fish refuges and wealth-generating opportunities for people in the
sanctuaries in bays, foreshore lands, continental shelf or any communities and for other environment-responsible
fishing ground to be set aside for the cultivation of endeavors.


Mining activities shall be undertaken with due and equal ANCESTRAL LANDS AND ICC AREAS - The Mining Act fully
regard for economic and environmental considerations, recognizes the rights of the Indigenous Peoples
as well as for health, safety, social and cultural concerns. (IPs)/Indigenous Cultural Communities (ICCs) and
Conservation of minerals is effected not only through respect their ancestral lands.
technological efficiencies of mining operations but also
through the recycling of mineral-based products, to ENVIRONMENTAL AND SAFETY CONCERNS
effectively lengthen the usable life of mineral A significant feature of the Mining Act of 1995 and its IRR is
commodities. the premium given to environmental protection. Stringent
The granting of mining rights shall harmonize existing measures were institutionalized to ensure the compliance of
activities, policies and programs of the Government that mining contractors/operators to internationally accepted
directly or indirectly promote self-reliance, development standards of environmental management.
and resource management. Activities, policies and
programs that promote community-based, community- TAXES AND INCENTIVES
oriented and procedural development shall be Mining contractors of MPSA and FTAA can avail of fiscal and
encouraged, consistent with the principles of people non-fiscal incentives granted under the Omnibus
empowerment and grassroots development. Investment Code of 1987, as amended.

ORGANIZATIONAL IMPLEMENTATION - The Mining Act In addition to these incentives, the following are also
reverts back the Mines and Geosciences Bureau (MGB) from granted by the Mining Act.
a Staff to a Line Bureau. Under this arrangement, the MGB Incentives for pollution control devises;
Central Office has now the administrative jurisdiction and Incentives for income tax carry forward of losses;
responsibility over its regional offices. The Line Bureau Incentives for income tax accelerated depreciation on
structure was contemplated to ensure organizational fixed assets;
efficiency and flexibility in managing limited resources and Investment guarantees, such as investment repatriation,
technical expertise. earnings remittance, freedom from expropriation, and
requisition of investment, and confidentiality of
ROLE OF LOCAL GOVERNMENTS - The IRR highlights the information.
role of local government units (LGUs) in mining projects,
both as beneficiaries and as active participants in mineral 5. RA 7076 [People's Small Scale Mining]
resources management, in consonance with the Republic Act No. 7076 (1991), otherwise known as the
Constitution and government policies on local autonomy Peoples Small-Scale Mining Act defines small-scale mining
and empowerment. as minimum activities which rely heavily on manual labor
using simple implements and methods, and which do not
AREAS CLOSED TO THE MINING APPLICATION use explosives or heavy mining equipment.
Pursuant to the Mining Act of 1995 and in consonance with
State policies and existing laws, areas may either be closed The main purpose of the law is:
to mining operations, or conditionally opened, as follows: (1) To effect an orderly and systematic disposition of small-
Areas CLOSED to mining applications: scale mining areas in the country;
Areas covered by valid and existing mining rights and (2) To regulate the small-scale mining industry with the
applications; view to encourage their growth and productivity; and
Old growth or virgin forests, mossy forests, national parks, (3) To provide technical, financial and marketing assistance
provincial/municipal forests, tree parks, greenbelts, game and efficient collection of government revenues.
refuge, bird sanctuaries and areas proclaimed as marine
reserve/marine parks and sanctuaries and areas Through this law, the harmful effects of the classic trade-off
proclaimed as marine reserve/marine parks and tourist between development and environment could be minimized
zones as defined by law and identified initial components if not totally avoided. This law was authored by Senator
of the NIPAS, and such areas as expressly prohibited Aquilino Pimentel Jr.
thereunder, as well as under DENR Administrative Order
No. 25, s. 1992, and other laws; With Republic Act 7076 it allows small miners under this
Areas which the Secretary may exclude based, inter alia, or law to use only simple equipments like pick and shovel in
proper assessment of their environmental impacts and extracting gold and other precious metals in their mining
implications on sustainable land uses, such as built-up areas. In this age of modern technology, this law is making
areas and critical watershed with appropriate sure that the small mining law should benefit the small
barangay/municipal/ provincial Sanggunian ordinances miners and not only the big-time operators who are using
specifying therein the location and specific boundaries of the skills and sweat of small-scale miners to accumulate a
the concerned area; and fortune.
Areas expressly prohibited by law


Under RA 7076, no ancestral land may be declared as a Forest management in the Philippines is governed by
peoples small scale mining area without the prior consent Presidential Decree No. 705, also known as the Revised
of the cultural communities concerned. This respects the Forestry Code of the Philippines. Issued on 19 May 1975,
rights of the indigenous peoples to their ancestral lands the decree, specifically Section 2, outlines the policies of the
which are fully guaranteed under existing laws. The law state for the management of forest resources as follows:
defines small miners as Filipino citizens who, individually or 1. Multiple use of forestland shall be oriented to the
in tandem with others, voluntarily form a cooperative, duly countrys development and progress requirements, the
licensed by the Department of Environment and Natural advancement of science and technology and the public
Resources, to engage in the extraction or removal of welfare;
minerals or ore-bearing materials from the ground. 2. Land classification and survey shall be systematized and
accelerated;
HIGHLIGHTS - Its implementing rules lay down the 3. The establishment of wood-processing plants shall be
powers and functions of the Department of Environment encouraged and rationalized; and
and Natural Resources, the Provincial/City Mining 4. The protection, development and rehabilitation of
Regulatory Board and in coordination with other concerned forestlands shall be emphasized so as to ensure continuity
government agencies. The DENR together with the other in production.
concerned government agencies is designed to achieve an
orderly, systematic and rational scheme for the small-scale For the purpose of implementing the provisions of this
development and utilization of mineral resources in certain Code, the Bureau of Forestry, the Reforestation
mineral areas in order to address the social, economic, Administration, the Southern Cebu Reforestation
technical, and environmental connected with small-scale Development Project, and the Parks and Wildlife Office are
mining activities. merged into single agency to be known as the Bureau of
Forest Development (sect. 4). The Bureau shall have
While the Provincial/City Mining Regulatory Board jurisdiction and authority over all forest land, grazing lands,
(PCMRB) created under the direct supervision and control and all forest reservations including watershed reservations
of the Secretary which is the board of PCMRB, is the presently administered by other government agencies. The
implementing agency of the Department of Environment Bureau shall be directly under the control and supervision
and Natural Resources which has the powers and function of the Secretary of the Department of Natural Resources,
subject to review by the Secretary. hereinafter referred to as the Department Head (sect. 7).
The Department Head, upon the recommendation of the
PROHIBITED ACTS Director of Forest Development, shall promulgate the rules
Awarded contracts may canceled on the following grounds: and regulations necessary to implement effectively the
1. Non-Compliance with the terms and conditions of the provisions of this Code (sect. 9). The Agency shall have
contract and that of existing mining laws, rules and divisions, including a Wildlife and Parks Division, and
regulations including those pertaining to mine safety, district and regional offices, here created. The Department
environmental protection and conservation, tree cutting, Head shall prescribe the criteria, guidelines and methods for
mineral processing and pollution control; the proper and accurate classification and survey of all
2. Non.-compliance with the contractor's obligations to lands of the public domain into agricultural, industrial or
existing mining claim holders/private landowners as commercial, residential, resettlement, mineral, timber or
stipulated in Section 13, 17 and 18 of this Order; forest, and grazing lands, and into such other classes as now
3. Non-payment of fees, taxes, royalties or government or may hereafter be provided by law, rules and regulations
share in accordance with this Order and existing mining (sect. 13). Areas needed for forest purposes are outlined in
laws; section 16.
4. Abandonment of mining site by the contractor; and
5. Ejectment from the People's Small-scale Mining Area of Chapter III provides for matters relating to use of forest
the Contractor by the government for reasons of national resources, such as licenses, license agreements, leases and
interest and security. permits for purposes of utilize, exploit, occupy, possess or
conduct any forestry activity, harvesting methods (sect. 22),
PENALTIES/FINES - When contracts are canceled for timber inventory, annual allowable cut (sect. 26), forest
grounds from the abovementioned, the Secretary may concessions (sect. 28), wood processing industry,
impose fines of an amount not less than Twenty Thousand reforestation (sect. 33). industrial tree plantations, tree
Pesos (P20, 000.00) but not more than One Hundred farms and agro-forestry farms (sect. 34), forest protection
Thousand Pesos (P100, 000.00). Non-payment of the fine (sects. 37 to 53), including protection of swamplands and
imposed shall render the small-scale mining contractor mangrove forests (sect. 43), forest roads, etc. This Chapter
ineligible for other small-scale mining contracts. also makes provision for special uses of forest resources,
such as grazing, wildlife, and recreation, and for the
6. PD 705 [ Forestry Reform Code] measuring of timber.


The last part (Chap. IV) of this Act prescribes criminal programmes relating to the environment. Any subsequent
offences, including unlawful occupation or destruction of comments are to be taken into consideration in the
forest lands and grazing lands. (92 sections) decision-making process. Information must be provided on
the final decisions and the reasons for it. In the European
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Union, this part of the Aarhus Convention has been
implemented by Directive 2003/35/EC on public
participation (the Public Participation Directive).

5th ASSIGNMENT: 3. Access to Justice
1. AARHUS Convention Article 9 of the Aarhus Convention allows the public to
2. Writ of Kalikasan access to justice, i.e. the right to seek redress when
3. PD 1160: Expansion of Authority of Brgy. Captains environmental law is infringed and the right to access
B. CASES review procedures to challenge public decisions that have
1. G.R. No. 180771, April 21, 2015 - RESIDENT MARINE been made without regard to the two other pillars of the
MAMMALS v. Sec. Reyes Convention.
2. G.R. No. 194239, June 16, 2015 - WEST TOWER Article 9(1) deals with access to justice in respect of
CONDOMINIUM CORPORATION v. FIRST PHILIPPINE requests for environmental information. It has been
INDUSTRIAL CORPORATION implemented in Ireland by the European Communities
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Access to Information on the Environment) Regulations
2007-2011. These regulations provide for an internal
1. AARHUS Convention review mechanism in respect of information requests and
assign the role of Commissioner for Environmental
The Aarhus Convention was adopted on 25th June 1998 in Information to the Information Commissioner.
the Danish city of Aarhus at the Fourth Ministerial
Conference in the 'Environment for Europe' process. It lays All members of the public are required to have access to
down a set of basic rules to promote the involvement of review procedures to challenge decisions relating to the
citizens in environmental matters and improve enforcement environment, made by public bodies or private persons.
of environmental law. The Convention is legally binding on These procedures must be 'fair, equitable, timely and not
States that have become Parties to it. As the European Union prohibitively expensive'.
is a Party, the Convention also applies to the EU institutions.
2. Writ of Kalikasan
The Three Pillars of the Convention: The provisions of
the Aarhus Convention are broken down into three pillars: RULE 7 - WRIT OF KALIKASAN
access to information, public participation in decision- SECTION 1. Nature of the writ. The writ is a remedy
making and access to justice. available to a natural or juridical person, entity authorized
by law, peoples organization, non-governmental
1. Access to Information organization, or any public interest group accredited by or
Articles 4 and 5 of the Convention concern environmental registered with any government agency, on behalf of
information. Members of the public are entitled to request persons whose constitutional right to a balanced and
environmental information from public bodies and these healthful ecology is violated, or threatened with violation by
bodies are obliged to maintain this information. This an unlawful act or omission of a public official or employee,
includes information on the state of the environment, or private individual or entity, involving environmental
policies and measures taken, or on the state of human damage of such magnitude as to prejudice the life, health or
health and safety, where this can be affected by the state of property of inhabitants in two or more cities or provinces.
the environment. Some information is exempt from release,
for example where the disclosure would adversely affect SEC. 2. Contents of the petition. The verified petition shall
international relations, national defence, public security, the contain the following:
course of justice, commercial confidentiality or the (a) The personal circumstances of the petitioner;
confidentiality of personal data. Information may also be (b) The name and personal circumstances of the respondent
withheld if its release could harm the environment, such as or if the name and personal circumstances are unknown
the breeding sites of rare species. and uncertain, the respondent may be described by an
assumed appellation;
2. Public Participation in Decision-Making (c) The environmental law, rule or regulation violated or
Under the Convention, the public has a right to participate threatened to be violated, the act or omission
in decision-making in environmental matters. complained of, and the environmental damage of such
Arrangements should be made by public authorities to magnitude as to prejudice the life, health or property of
enable the public to comment on, for example, proposals for inhabitants in two or more cities or provinces;
projects affecting the environment, or plans and


(d) All relevant and material evidence consisting of the Section 1. Deputizing the Barangay Captain, the Barangay
affidavits of witnesses, documentary evidence, scientific Councilman and Barangay Zone Chairman as Peace Officers.
or other expert studies, and if possible, object evidence; All laws to the contrary notwithstanding, the Barangay
(e) The certification of petitioner under oath that: Captain, the Barangay Councilman, and the Barangay Zone
(1) petitioner has not commenced any action or filed Chairman are hereby deputized as peace officers, with
any claim involving the same issues in any court, authority to effect arrest of violators in accordance with
tribunal or quasi-judicial agency, and no such other law, for purposes of enforcing and implementing national
action or claim is pending therein; and local laws, ordinances and rules and regulations
(2) if there is such other pending action or claim, a governing pollution control and other activities which
complete statement of its present status; create imbalance in the ecology or disturbance in
(3) if petitioner should learn that the same or similar environmental conditions.
action or claim has been filed or is pending, petitioner
shall report to the court that fact within five days Section 3. Method of Enforcement and Implementation.
therefrom; and The criminal aspect, such as the arrest and prosecution of
(f) The reliefs prayed for which may include a prayer for the offenders, and the civil and administrative aspects, such as
issuance of a TEPO. the summary or judicial abatement of a thing, act or
condition that constitutes nuisance, or the cancellation of
SEC. 3. Where to file. The petition shall be filed with the the government license or permit for the existence of a
Supreme Court or with any of the stations of the Court of thing, act or condition that gives rise to a nuisance, shall be
Appeals. vigorously enforced and implemented.
Section 4. Preferential Disposition of Cases. The courts
SEC. 5. Issuance of the writ. Within three days from the and proper prosecuting or administrative officials or
date of filing of the petition, if the petition is sufficient in agencies shall give preference to the expeditious
form and substance, the court shall give an order: disposition of cases involving a violation of the laws,
(a) issuing the writ; and ordinances, rules and regulations referred to in Section 2 of
(b) requiring the respondent to file a verified return as this Decree when the magnitude of the violation is such as
provided in to adversely affect an entire or major portion of a
Section 8 of this Rule. The clerk of court shall forthwith community as may be certified to by the National Pollution
issue the writ under the seal of the court including the Control Commission or the National Environmental
issuance of a cease Protection Council as the case may be.
and desist order and other temporary reliefs effective until
further order. Section 5. Rules and Regulations. The National
Environmental Protection Council shall promulgate the
3. PD 1160: VESTING AUTHORITY IN BARANGAY necessary rules and regulations for the effective
CAPTAINS TO ENFORCE POLLUTION AND implementation of this Decree.
ENVIRONMENTAL CONTROL LAWS AND FOR OTHER
PURPOSES B. CASES

WHEREAS, the National Government has taken cognizance 1. G.R. No. 180771, April 21, 2015 - RESIDENT MARINE
of the increasing problems and grave danger brought about MAMMALS v. Sec. Reyes
by pollution, ecological imbalance and other environmental
disturbance throughout the country; Summary:
WHEREAS, in order to contain such problems and obviate The Supreme Court of the Republic of the Philippines ruled
any further aggravation of the consequent danger to public that a service contract for oil exploration, development, and
health, safety, national interest and survival of the present production issued by the government of the Philippines in
and future generations, there is need for a more vigorous, the protected area of the Tanon Strait was unconstitutional.
coordinated and effective method of enforcing national and
local laws, ordinances, rules and regulations that prohibit, Case Note:
control or regulate activities which create imbalance Two sets of petitioners filed separate cases challenging the
between man and his natural environment; legality of Service Contract No. 46 (SC-46) awarded to Japan
Petroleum Exploration Co. (JAPEX). The service contract
WHEREAS, it is expedient to involve and mobilize the allowed JAPEX to conduct oil exploration in the Tanon Strait
Barangays in a concerted and sustained national campaign during which it performed seismic surveys and drilled one
to minimize, if not totally eradicate, the causes of exploration well. The first petition was brought on behalf of
disharmony between mans economic needs and his resident marine mammals in the Tanon Strait by two
environmental conditions; individuals acting as legal guardians and stewards of the
marine mammals. The second petition was filed by a non-
governmental organization representing the interests of


fisherfolk, along with individual representatives from of energy resources can only be authorized through a law
fishing communities impacted by the oil exploration passed by the Philippine Congress. Because Congress had
activities. The petitioners filed their cases in 2007, shortly not specifically authorized the activity in Tanon Strait, the
after JAPEX began drilling in the strait. In 2008, JAPEX and Court declared that no energy exploration should be
the government of the Philippines mutually terminated the permitted in that area. Id., p. 34.
service contract and oil exploration activities ceased. The
Supreme Court consolidated the cases for the purpose of 2. G.R. No. 194239, June 16, 2015 - WEST TOWER
review. CONDOMINIUM CORPORATION v. FIRST PHILIPPINE
In its decision, the Supreme Court first addressed the INDUSTRIAL CORPORATION
important procedural point of whether the case was moot
because the service contract had been terminated. The Residents of the West Tower condominium in Makati on
Court declared that mootness is not a magical formula that Friday filed a petition for writ of kalikasan (nature) before
can automatically dissuade the courts in resolving a case. the Supreme Court (SC) against the officials of the company
Id., p. 12. Due to the alleged grave constitutional violations which owns and operates the pipeline that caused an oil
and paramount public interest in the case, not to mention leak near their residential area. The 36-page petition, the
the fact that the actions complained of could be repeated, residents asked the SC to direct FPIC to permanently shut
the Court found it necessary to reach the merits of the case down and replace the damaged pipeline.
even though the particular service contract had been
terminated. Id. Kapunan explained that the residents wanted the pipeline
to be permanently closed because it poses a potential
Reviewing the numerous claims filed by the petitioners, the environmental and security threat" not only to the
Supreme Court narrowed them down to two: 1) whether condominiums occupants but also to people living in areas
marine mammals, through their stewards, have legal under which the 117-kilometer pipeline runs. The residents
standing to pursue the case; and 2) whether the service likewise urged the high court to compel the pipelines
contract violated the Philippine Constitution or other operator to rehabilitate and restore the environment"
domestic laws. Id., p. 11. affected by the oil leak, and to open a special trust fund to
answer for similar incidents in the future.
As to standing, the Court declined to extend the principle of
standing beyond natural and juridical persons, even though On November 19, 2010, the Court issued the Writ of
it recognized that the current trend in Philippine Kalikasan with a Temporary Environmental Protection
jurisprudence moves towards simplification of procedures Order (TEPO) requiring respondents FPIC, FGC, and the
and facilitating court access in environmental cases. Id., p. members of their Boards of Directors to file their respective
15. Instead, the Court explained, the need to give the verified returns. The TEPO enjoined FPIC and FGC to: (a)
Resident Marine Mammals legal standing has been cease and desist from operating the WOPL until further
eliminated by our Rules, which allow any Filipino citizen, as orders; (b) check the structural integrity of the whole span
a steward of nature, to bring a suit to enforce our of the 117-kilometer WOPL while implementing sufficient
environmental laws. Id., p. 16-17. measures to prevent and avert any untoward incident that
may result from any leak of the pipeline; and (c) make a
The Court then held that while SC-46 was authorized report thereon within 60 days from receipt thereof.
Presidential Decree No. 87 on oil extraction, the contract did
not fulfill two additional constitutional requirements. In compliance with the writ, FPIC directors Edgar Chua,
Section 2 Article XII of the 1987 Constitution requires a Dennis Javier, Dennis Gamab and Willie Sarmiento
service contract for oil exploration and extraction to be submitted a Joint Return praying for the dismissal of the
signed by the president and reported to congress. Because petition and the denial of the privilege of the Writ of
the JAPEX contract was executed solely by the Energy Kalikasan. They alleged that: petitioners had no legal
Secretary, and not reported to the Philippine congress, the capacity to institute the petition; there is no allegation that
Court held that it was unconstitutional. Id., pp. 24-25. the environmental damage affected the inhabitants of two
(2) or more cities or provinces; and the continued operation
In addition, the Court also ruled that the contract violated of the pipeline should be allowed in the interest of
the National Integrated Protected Areas System Act of 1992 maintaining adequate petroleum supply to the public.
(NIPAS Act), which generally prohibits exploitation of
natural resources in protected areas. In order to explore for On January 21, 2011, FPIC, in compliance with the writ,
resources in a protected area, the exploration must be submitted its 4-page "Report on Pipeline Integrity Check
performed in accordance with an environmental impact and Preventive Maintenance Program. In compliance with
assessment (EIA). The Court noted that JAPEX started the the Court's July 30, 2013 Resolution, the DOE Secretary
seismic surveys before any EIA was performed; therefore its issued on October 25, 2013 a Certification, attesting that the
activity was unlawful. Id., pp. 33-34. Furthermore, the WOPL is safe to resume commercial operations, subject to
Tanon Strait is a NIPAS area, and exploration and utilization


monitoring or inspection requirements, and imposing Anent petitioners' prayer for the creation of a special trust
several conditions that FPIC must comply with. fund, We note that under Sec. 1, Rule 5 of the Rules of
Procedure for Environmental Cases, a trust fund is limited
On February 3, 2015, the Court required the parties to solely for the purpose of rehabilitating or restoring the
submit their comment Sec. Petilla's letter within ten (10) environment.
days from receipt of the Resolution. On various dates, A reading of the petition and the motion for partial
respondents First Gen Corporation, FPIC, and petitioner reconsideration readily reveals that the prayer is for the
West Tower filed their respective comments in compliance creation of a trust fund for similar future contingencies. This
with the Court's resolution is clearly outside the limited purpose of a special trust fund
under the Rules of Procedure for Environmental Cases,
The Issues which is to rehabilitate or restore the environment that has
1. Whether petitioner West Tower Corp. has the legal presumably already suffered. Hence, the Court affirms with
capacity to represent the other petitioners and whether the concurrence the observation of the appellate court that the
other petitioners, apart from the residents of West Tower prayer is but a claim for damages, which is prohibited by the
and Barangay Bangkal, are real parties-in-interest; Rules of Procedure for Environmental Cases. As such, the
2. Whether a Permanent Environmental Protection Order Court is of the considered view that the creation of a special
should be issued to direct the respondents to perform or to trust fund is misplaced.
desist from performing acts in order to protect, preserve,
and rehabilitate the affected environment; IV. Liability of FPIC, FGC and their respective Directors and
3. Whether a special trust fund should be opened by Officers
respondents to answer for future similar contingencies; and On the last issue of the liability of FPIC, FGC and their
4. Whether FGC and the directors and officers of respective directors and officers, the CA found FGC not
respondents FPIC and FGC may be held liable under the liable under the TEPO and, without prejudice to the
environmental protection order. outcome of the civil case and criminal complaint filed
against them, the individual directors and officers of FPIC
HELD: and FGC are not liable in their individual capacities.
I. Petitioners as Real Parties-in-Interest - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
On the procedural aspect, We agree with the CA that MIDTERM EXAM QUESTIONS:
petitioners who are affected residents of West Tower and 1. What is the fastest way to close a factory causing grave air
Barangay Bangkal have the requisite concern to be real and water pollution
parties-in-interest to pursue the instant petition. In the case 2. a. sovereignty vis--vis principle of equitable utilization of
at bar, there can be no quibble that the oil leak from the shared resources
WOPL affected all the condominium unit owners and b. common but differentiated responsibilities principle
residents of West Tower as, in fact, all had to evacuate their 3. SALIENT FEATURES OF some laws: [choose 1]
units at the wee hours in the morning of July 23, 2010, when a. climate change act
the condominium's electrical power was shut down. Until 4. What are the lead agencies of the government tasked to
now, the unit owners and residents of West Tower could implement environmental protection and sustainable
still not return to their condominium units. Thus, there is no development
gainsaying that the residents of West Tower are real 5. Is the Environmental Impact Assessment [EIA] a
parties-in-interest. requirement in all government permits for buildings and
sanitation etc. Explain
II. Propriety of Converting the TEPO to PEPO or its Lifting in 6. W/N animals may be duly represented by man in
light of the DOE Certification of the WOPL's Commercial environmental cases [marine mammals case/minors in
Viability Oposa case]
It must be stressed that what is in issue in the instant 7. Explain Writ of Kalikasan
petition is the WOPL's compliance with pipeline structure 8. A. Right to a balanced and healthful ecology in accordance
standards so as to make it fit for its purpose, a question of with the rhythm and harmony of nature
fact that is to be determined on the basis of the evidence B. Philippine environmental policy embodied in PD 1151.
presented by the parties on the WOPL's actual state. Hence, 9. W/n you are in favor of the proposal to amend the Clean Air
Our consideration of the numerous findings and Act to allow the use of incinerators to dispose wastes
recommendations of the CA, the DOE, and the amici curiae 10. May government agencies be mandated to spearhead
on the WOPL's present structure. operations in ensuring that the Philippine environment is
In this regard, the Court deems it best to take the necessary duly maintained? [MMDA case]
safeguards, which are not similar to applying the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
precautionary principle as previously explained, in order to FINALS
prevent a similar incident from happening in the future.
1ST TOPIC: ASEAN Environmental Laws
III. Propriety of the Creation of a Special Trust Fund 1. ASEAN Structure [Reference: ASEAN Charter (2007)]


2. ASEAN Environmental Programs 7. To maintain close and beneficial cooperation with
Articles: existing international and regional organizations with
a. ASEAN Identity [Manila Times 11-30-2013] similar aims and purposes, and explore all avenues for
b. Sovereignty as responsibility [Manila Times November even closer cooperation among themselves.
2, 2003]
3. ASEAN and China Cooperation in Mekong River FUNDAMENTAL PRINCIPLES - In their relations with one
4. 1995 Agreement on Cooperation for Sustainable another, the ASEAN Member States have adopted the
Development of Mekong River Basin following fundamental principles, as contained in the Treaty
5. 2009 Agreement on Disaster Management and of Amity and Cooperation in Southeast Asia (TAC) of 1976:
Emergency Response
6. ASEAN Agreement on TransBoundary Pollution 1. Mutual respect for the independence, sovereignty,
Control equality, territorial integrity, and national identity of all
Articles: nations;
a. Maritime Convulsions in ASEAN [ Manila Times May 2. The right of every State to lead its national existence free
30, 2015] from external interference, subversion or coercion;
b. ASEAN: Changed in Security Environment [Manila 3. Non-interference in the internal affairs of one another;
Times Dec. 19, 2015] 4. Settlement of differences or disputes by peaceful
***See supplemental notes on Problems, Issues and Concerns manner;
in Implementation and Enforcement of National 5. Renunciation of the threat or use of force; and
Environmental Legislations. 6. Effective cooperation among themselves.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ASEAN COMMUNITY - The ASEAN Vision 2020, adopted by
1. ASEAN Structure [Reference: ASEAN Charter (2007)] the ASEAN Leaders on the 30th Anniversary of ASEAN,
ESTABLISHMENT - The Association of Southeast Asian agreed on a shared vision of ASEAN as a concert of
Nations, or ASEAN, was established on 8 August 1967 in Southeast Asian nations, outward looking, living in peace,
Bangkok, Thailand, with the signing of the ASEAN stability and prosperity, bonded together in partnership in
Declaration (Bangkok Declaration) by the Founding Fathers dynamic development and in a community of caring
of ASEAN, namely Indonesia, Malaysia, Philippines, societies.
Singapore and Thailand.
At the 9th ASEAN Summit in 2003, the ASEAN Leaders
Brunei Darussalam then joined on 7 January 1984, Viet Nam resolved that an ASEAN Community shall be established.
on 28 July 1995, Lao PDR and Myanmar on 23 July 1997,
and Cambodia on 30 April 1999, making up what is today At the 12th ASEAN Summit in January 2007, the Leaders
the ten Member States of ASEAN. affirmed their strong commitment to accelerate the
establishment of an ASEAN Community by 2015 and signed
AIMS AND PURPOSES - As set out in the ASEAN the Cebu Declaration on the Acceleration of the
Declaration, the aims and purposes of ASEAN are: Establishment of an ASEAN Community by 2015.
1. To accelerate the economic growth, social progress and
cultural development in the region through joint The ASEAN Community is comprised of three pillars,
endeavours in the spirit of equality and partnership in namely the ASEAN Political-Security Community, ASEAN
order to strengthen the foundation for a prosperous and Economic Community and ASEAN Socio-Cultural
peaceful community of Southeast Asian Nations; Community. Each pillar has its own Blueprint, and, together
2. To promote regional peace and stability through abiding with the Initiative for ASEAN Integration (IAI) Strategic
respect for justice and the rule of law in the relationship Framework and IAI Work Plan Phase II (2009-2015), they
among countries of the region and adherence to the form the Roadmap for an ASEAN Community 2009-2015.
principles of the United Nations Charter;
3. To promote active collaboration and mutual assistance ASEAN CHARTER
on matters of common interest in the economic, social, The ASEAN Charter serves as a firm foundation in achieving
cultural, technical, scientific and administrative fields; the ASEAN Community by providing legal status and
4. To provide assistance to each other in the form of institutional framework for ASEAN. It also codifies ASEAN
training and research facilities in the educational, norms, rules and values; sets clear targets for ASEAN; and
professional, technical and administrative spheres; presents accountability and compliance.
5. To collaborate more effectively for the greater utilization
of their agriculture and industries, the expansion of their The ASEAN Charter entered into force on 15 December
trade, including the study of the problems of 2008. A gathering of the ASEAN Foreign Ministers was held
international commodity trade, the improvement of their at the ASEAN Secretariat in Jakarta to mark this very
transportation and communications facilities and the historic occasion for ASEAN.
raising of the living standards of their peoples;
6. To promote Southeast Asian studies; and


With the entry into force of the ASEAN Charter, ASEAN will of resources and generation of waste, resulting in
henceforth operate under a new legal framework and unsustainable development. Therefore, despite an
establish a number of new organs to boost its community- abundance of natural resources, ASEAN, as elsewhere, is
building process. facing an enormous challenge in keeping a delicate balance
of environmental sustainability and economic development.
In effect, the ASEAN Charter has become a legally binding
agreement among the 10 ASEAN Member States. Policy and Institutional Framework
Recognizing the importance of environmental cooperation
2. ASEAN Environmental Programs for sustainable development and regional integration,
The ASEAN region is endowed with rich natural resources ASEAN has since 1977 cooperated closely in promoting
that sustain essential life support systems both for the environmental cooperation among its member states.
region and the world. Apart from providing water, food and Currently, ASEAN environmental cooperation focuses on ten
energy, these natural resources play an important role in priority areas of regional importance as reflected in the
sustaining a wide range of economic activities and Blueprint for the ASEAN Socio-Cultural Community (ASCC
livelihoods. Blueprint) 2009-2015 as follows:

The region is blessed with a variety of unique ecosystems ASEAN Socio-Cultural Community (ASCC)
such as the Mekong River Basin, Ha Long Bay and Lake Blueprint 09-15
Toba. The region has a long coastline, measuring about Section D. Ensuring Environmental Sustainability
173,000 kilometres in total, and is surrounded by major ASEAN shall work towards achieving sustainable
seas and gulfs such as the South China Sea, the Andaman Sea development as well as promoting clean and green
and the Gulf of Thailand. environment by protecting the natural resource base for
economic and social development including the sustainable
By virtue of its location in the tropics, ASEAN region is also management and conservation of soil, water, mineral,
endowed with abundant freshwater resources. In 2007, the energy, biodiversity, forest, coastal and marine resources as
region had a total capacity of 5,675 billion cubic metres of well as the improvement in water and air quality for the
internal renewable water resources, with Brunei ASEAN region. ASEAN will actively participate in global
Darussalam, Lao PDR and Malaysia having the highest per efforts towards addressing global environmental challenges,
capita water resource availability. including climate change and the ozone layer protection, as
well as developing and adapting environmentally-sound
While occupying only 3 per cent of the worlds total land technology for development needs and environmental
area, the region is renowned for its rich biological heritage, sustainability.
comprising the three mega biodiversity countries, namely
Indonesia, Malaysia and the Philippines, which together D.1. Addressing global environmental issues
represent around 80 per cent of global biological diversity. D.2. Managing and preventing transboundary
The forest cover in ASEAN is about 45 per cent compared to environmental pollution (transboundary haze pollution and
the worlds average of 30.3 per cent and it provides the transboundary movement of hazardous wastes)
natural habitat for up to 40 per cent of all species on Earth. D.3. Promoting sustainable development through
environmental education and public participation
In terms of demography, ASEAN is highly populated. In mid D.4. Promoting environmentally sound technology
2008, the region had about 580 million people with a D.5. Promoting quality living standards in ASEAN
density of 130 people per square kilometre, one of the cities/urban areas
highest in the world. Population density is especially high in D.6. Harmonizing environmental policies and databases
megacities such as Jakarta and Manila at about 10,000 D.7. Promoting the sustainable use of coastal and marine
people per square kilometre, spurred by increasing rural- environment
urban migration and rapid urbanisation. In 2005, 44 D.8. Promoting sustainable management of natural
percent of the regions total population were living in urban resources and biodiversity
areas and this is projected to increase to 55 percent by D.9. Promoting the sustainability of freshwater resources
2020. D.10.Responding to climate change and addressing its
impacts
Increased population, rapid economic growth, combined D.11.Promoting sustainable forest management
with the existing and region-wide social inequities among
the ASEAN countries have essentially exerted increasing Articles:
pressures on the natural resources of the region and a. ASEAN Identity [Manila Times 11-30-2013]
brought along various common or transboundary While the main goals of the Association of Southeast
environmental issues, such as air, water and land pollution, Asian Nations (Asean) Brunei Darussalam, Cambodia,
urban environmental degradation, transboundary haze Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines,
pollution, and depletion of natural resources, particularly Singapore, Thailand and Vietnamare described in trade
biological diversity. It has also led to increased consumption terms (single market and production base, highly


competitive economic region, equitable economic The lack of knowledge of historical roots and evolution
development, further integration into the global of particular ways of life and practices can result in too
economy), the documents that have come out of various nationalistic and divisive views. There should be space
Asean meetings talk about many other things. for two or more forms of heritages, complementary but
not in conflict.
On the matter of an Asean identity, the Asean Charter
(2007), the Asean Declaration on Cultural Heritage In short, they should be considered shared cultures that
(2000) and of late, the Asean Socio-Cultural Community transcend political boundaries. In this rubric are the
Blueprint (2009-20015), specify The Asean Identity is angklung (bamboo) orchestra as well as the gamelan
the basis of Southeast Asias regional interests. It is our (gongs) ensemble of Indonesia, Malaysia and the
collective personality, norms, values and beliefs as well Philippines which are like one. Also batiks which are
as aspirations as one Asean Community..The strategic either Indonesian, Malaysian or Thai like the wayang
objective is to create a sense of belonging, consolidate kulit (shadow play).
unity in diversity and enhance deeper mutual The Philippine Bayanihan Dance Co. researched Singkil
understanding among Asean member countries about and found that it has its equivalent in Indonesia and
their culture, history, religion and civilization Malaysia, which should not be a surprise considering the
geographic proximity of the three countries collectively
There are, however, sorts of cultural war among some called Maphilindo before the birth of Asean. In the
Asean countries related to cultural heritage. In 2012, it same way, the popular Philippine folk dance Tinikling
was reported that riots erupted in Jakarta when has a slow movement version in Thailand. Truly Asean,
Indonesian protesters targeted the Malaysian Embassy on the other hand, is kite flying as a pastime as well as
over dance heritage, in particular, the Tor-tor dance. the tube-like-wrap-around malong, a real-life practical
Likewise, some quarters claim Malaysias national garment for men still evident all over Southeast Asia
anthem Negaraku is based on Indonesias Terang Bulan from Brunei Darussalam to Myanmar to Vietnam.
(Bright Moon). In the area of cuisine, the Yu Sheng/Lo
Hei, a dish served during Chinese Lunar Festival and The case of the Preah Vihar temple between Cambodia
traditionally thought to bring prosperity is separately and Thailand, however, should be viewed in another
claimed by the Chinese in Singapore and Malaysia as light. Involved is sovereignty but a way out is recognition
theirs. of functional sovereignty as distinguished from
territorial sovereignty. Functional sovereignty refers to
Even the Peranakan (Nonya) dishes, a fusion of Malay specific uses of a resource rather than absolute and
and Chinese recipes, did not escape similar claims. unlimited jurisdiction within a geographic space. It
(Ethnic tension within Malaysia between Chinese means interdependence in the sustainable use of a
Malaysians and ethnic Malays is still on because of the resource emphasizing that states are dutybound to
countrys economic policy of Bumiputra which gives cooperate with each other to promote development
preferential treatment to the ethnic Malay majority.) sustainability of the common environment.
Another example is the Preah Vihar temple issue Preah Vihar ought to be enjoyed as an Asean tourism
between Cambodia and Thailand which had to be settled resource, a cultural heritage of both Cambodia and
by the International Court of Justice. In April 2013, Thailand aside from a religious destination in the Asean
about 500 nationalists of the Patriot Thai Group raised jurisdiction. Or, in different words, the change of
the flag of Thailand to assert Thai sovereignty over Preah perception of the role of sovereignty in relations
Vihar. between states regarding their environment should be
characterized by equitable utilization ultimately
The examples cited demonstrate that cultures should not redounding to the benefit of the Asean region.
be thought to have fixed borders. Many of these cultures
evolved in the course of time during Hindu, Muslim, A good model for an Asean identity is the Asean Heritage
Buddhist or Christian periods. Meaning, practices in Parks system which continues to focus on cooperation
countries within the Asean region continued to be among member countries to develop a regional
shaped by various peoples and events. conservation and management plan for the current
Even the legal culture is not an exception. Asean string of over 40 heritage parks in the region. The
countries have a mosaic of legislations with traces of criteria to determine if the region qualifies as an Asean
foreign influence brought about by periods of Spanish heritage park include high ethno-biological significance,
(Philippines), uniqueness and respresentativeness. Designation as a
heritage park strengthens cooperation, awareness and
French (Cambodia, Lao PDR, Vietnam), British (Brunei appreciation among Asean countries.
Darussalam, Malaysia, Myanmar, Singapore) AND Dutch
(Indonesia) occupation. Together with the other aspects of the Asean cultural
heritage, the designation promotes the twin objectives of
community building and identity. Best of all, the concept


of an Asean heritage parks system advances protected sovereignty does not only give rise to State rights but to
area goals expressed in the Convention on Biological State obligations and responsibilities as well.
Diversity, the Ramsar Convention on Wetlands Emerging environmental challenges such as climate
Conservation as well as the World Heritage Convention. change mitigation, food and water security and disaster
management add new dimensions to environmental
All this will help forge an Asean identity which is issues. No country can deal with those challenges alone.
important for the future implementation of Asean States must continually identify common priorities to
policies. It is a complementary to the principles of deal with those concerns. It must enhance coordination
sovereignty and non-intervention (Asean Way) which among states and even challenge the dichotomy between
can, without the recognition of a cultural bridge, hinder regional and national interests, reexamining principles of
the implementation of Asean legal instruments and tools sovereignty and non-interference in the context of
including environmental laws. After all, what society environmental challenges. Asean response in this regard
chooses to preserve of the past defines who we are are the on-going cooperative efforts to promote
today, creates our collective memory and hastens our conservation activities which include, among others, (i)
new development as Asean Community bound by a The Heart of Borneo initiative to create a
common regional identity. In the words of Asean law transboundary biodiversity sanctuary straddling
expert Koh Kheng Lian, an Asean identity is crucial to Malaysia, Brunei Darussalam and Indonesia against
bringing about enhanced cooperation to supplement the illegal logging and clearing land for palm oil plantations;
Asean Way and make it more meaningful, to encourage (ii) The Asean Heritage Parks program which consists of
all to THINK Asean instead of only Think National. identified and proclaimed protected areas of high
conservation importance in each member country,
Before joining the Philippine Foreign Service, the author preserving in total a complete spectrum of
was the first Director of the Environmental Management representative
Bureau (DENR) and served as Coordinator, Asean
Experts Group on the Environment. 3. ASEAN and China Cooperation in Mekong River
The Mekong River is the twelfth longest river in the world at
b. Sovereignty as responsibility [Manila Times 4,173 kms. and the largest international river within
November 2, 2003] Southeast Asia. It encompasses six countries China, Lao
Sovereignty in its widest sense means the supreme, Peoples Democratic Republic (PDR), Myanmar, Thailand,
absolute and uncontrollable power by which any Cambodia, Vietnam with the headwaters originating in the
independent State is governed. Through the years, the Tibetan region of China. Its notable characteristic is the
concept of sovereignty has evolved to include not only extent to which the river is international in nature; not
internal or territorial sovereignty but also permanent only is it a boundary river for over 1,000 kms. but also
sovereignty over natural resources. Fundamentally, it constitute all the water resources of Cambodia and Lao PDR
means the State can freely dispose of its natural wealth as well as the Northeast of Thailand and the Vietnamese
and resources within its territory. Correlatively, the rice bowl in the Mekong Delta.
principle brings about the State duty to properly manage
its wealth and natural resources as well as due care of A 1995 Agreement on the Cooperation for the Sustainable
the environment. Derived from this principle is also the Development of the Mekong River Basin was signed by four
right of the State to pursue its own socioeconomic and Asean member riparian countries, namely, Cambodia, Lao
environmental policies. PDR, Thailand and Vietnam. The Agreement emphasizes
joint development, ecological protection and dynamic
The growth of the principle of permanent sovereignty process of water allocation. China and Myanmar (a member
over natural resources is closely associated with two of Asean), two upper basin countries are not parties to the
main concerns at the time of the creation of the United Agreement but were designated dialogue partners in 1996
Nations in 1945. These are (i) the economic development and have participated in various Mekong River-related
of developing countries; and (ii) the self-determination activities.
of colonial peoples.
Mention should be made of the fact that customary
The principle progressively developed that by 1972, the international law played an important role in reaching the
well-known principle of the Stockholm Declaration on Agreement on cooperation by providing a framework of
the Human Environment declares the sovereign right of guiding principles among which are: (i) Principle of
States to exploit their own natural resources pursuant to international waters, i.e. watercourse which means a system
their own environmental policies. However, the right is of surface and groundwater constituting by virtue of their
qualified by the obligation not to cause any physical relationship a unitary whole and normally flowing
extraterritorial environmental harm. Principle 2 of the into a common terminus; (ii) Principle of reasonable and
Rio Declaration on the Environment and Development equitable utilization whereby all watercourse states are
restates Principle 21 as mentioned and confirms that entitled to the reasonable and equitable uses and benefits
of an international watercourse within their territory and,


by implication, have a correlative obligation not to deprive purpose of building awareness of conservation of natural
other watercourse states of their right to reasonable and resources in the Mekong Basin wetlands and reinforcing the
equitable utilization; (iii) Obligation not to cause significant effectiveness and strength of local organizations and
harm which requires states to exercise due diligence to communities to uplift their quality of life and to manage
utilize an international watercourse in such a way as not to wetlands and biodiversity wisely.
cause significant harm to other states; (iv) Principle of
notification and negotiation on planned measure the The cooperation mechanisms in place show that while
purpose of which is to assist watercourse states in China opted not to be a member of the Mekong River
maintaining an equitable balance between their respective Commission set up in 1995, it can be enticed to cooperate
uses of an international watercourse by helping to avoid with other riparian countries through some regional
disputes and providing the context for negotiations if development frameworks. The above-mentioned
harmful effects are unavoidable; and (v) Duty to cooperate mechanisms have China as a major actor which draws China
through regular exchange of data to allow watercourse out of its self-imposed isolation as far as the Mekong is
states to practice due diligence in their activities. concerned. China as a dialogue partner of Asean sits at the
negotiating table to discuss the regional development of the
The Agreement established a Mekong River Commission Mekong riparian countries. It could, perhaps, be assumed
which articulated the principles mentioned above and that riparian countries in the Mekong Basin (Cambodia, Lao
outlined a set of rules for the reasonable and equitable use PDR, Thailand and Vietnam) have functioning
of the basins water resources. It also provides for communication channels with China through various
cooperation in all fields of sustainable development, cooperation mechanisms.
utilization, management and conservation of the water and
related resources of the Mekong River Basin with the end in 4. 1995 Agreement on Cooperation for Sustainable
view that the livelihood of 60 million people living within Development of Mekong River Basin
the Lower Mekong River Basin will improve. The Governments of The Kingdom of Cambodia, The Lao
Identified areas for cooperation include, but is not limited People's Democratic Republic, The Kingdom of Thailand,
to, irrigation, hydro-power, navigation, flood control, and The Socialist Republic of Viet Nam, being equally
fisheries, timber floating, recreation and tourism. desirous of continuing to cooperate in a constructive and
mutually beneficial manner for sustainable development,
Lately, regional cooperation is evident at the way Asean utilization, conservation and management of the Mekong
(Lower Mekong) riparian countries cooperate with China in River Basin water and related resources, have resolved to
regard to the Mekong River. There is a proliferation of conclude this Agreement setting forth the framework for
regional frameworks and cooperative mechanisms to cooperation acceptable to all parties hereto to accomplish
promote development of the riparian countries. For these ends
instance, a Quadripartite Economic Cooperation Initiative Who, having communicated to each other their respective
was launched by Thailand and China in 1993 to promote full powers and having found them in good and due form,
economic cooperation among Mekongs upper riparian have agreed to the following:
countries (China, Lao PDR, Myanmar and Thailand) through
transportrelated projects. Another example is the Asean CHAPTER I. PREAMBLE
Mekong Basin Development Cooperation launched in 1996, RECALLING the establishment of the Committee for the
a larger framework which encompasses riparian countries Coordination of Investigations of the Lower Mekong Basin
and non-riparian countries. It aims to stimulate economic on 17 September 1957 by the Governments of these
cooperation addressing the economic disparity between countries by Statute endorsed by the United Nations,
long-time Asean countries and the later Asean members
Cambodia, Lao PDR, Myanmar and Vietnam. NOTING the unique spirit of cooperation and mutual
assistance that inspired the work of the Committee for the
In addition, the Asian Development Bank supported Coordination of Investigations of the Lower Mekong Basin
improved environmental management in the Greater and the many accomplishments that have been achieved
Mekong Sub-region in 2006 through its Core Environment through its efforts,
Program. The sub-region is composed of Cambodia, Lao ACKNOWLEDGING the great political, economic and social
PDR, Myanmar and China (for the southern region), changes that have taken place in these countries of the
Thailand and Vietnam. The program aims to mainstream region during this period of time which necessitate these
environmental considerations into the transport, energy, efforts to re-assess, re-define and establish the future
tourism and agricultural sectors of the sub-regions framework for cooperation,
economic cooperation program. It promoted the application RECOGNIZING that the Mekong River Basin and the related
of development planning tools and integrate environment natural resources and environment are natural assets of
into sustainable development. Likewise, a Mekong Wetlands immense value to all the riparian countries for the economic
Biodiversity Conservation and Sustainable Use Program and socia! well-being and living standards of their peoples,
exists among Lower Mekong River Basin countries
(Cambodia, Lao PDR, Thailand and Vietnam) for the


REAFFIRMING the determination to continue to cooperate The ASEAN Agreement on Disaster Management and
and promote in a constructive and mutually beneficial Emergency Response (AADMER) is a regional framework
manner in the sustainable development, utilization, for cooperation, coordination, technical assistance, and
conservation and management of the Mekong River Basin resource mobilization in all aspects of disaster
water and related resources for navigational and non- management. AADMER provides the guidelines for effective
navigational purposes, for social and economic mechanisms to achieve substantial reduction of disaster
development and the well-being of all riparian States, losses in lives and in the social, economic, and
consistent with the needs to protect, preserve, enhance and environmental assets, and to jointly respond to disaster
manage the environmental and aquatic conditions and emergencies through concerted national efforts and
maintenance of the ecological balance exceptional to this intensified regional and international cooperation.
river basin,
AADMER affirms ASEANs commitment to the Hyogo
AFFIRMING to promote or assist in the promotion of Framework of Action (HFA) and is the first legally-binding
interdependent sub-regional growth and cooperation HFA related instrument in the world. It serves as the
among the community of Mekong nations, taking into foundation for disaster management initiatives in the
account the regional benefits that could be derived and/or region, including for the establishment of AHA Centre.
detriments that could be avoided or mitigated from
activities within the Mekong River Basin undertaken by this Signed by the Foreign Ministers of ASEAN in Vientiane, Lao
framework of cooperation, PDR in July 2005, the Agreement has been ratified by all ten
Member States and entered into force on 24 December
REALIZING the necessity to provide an adequate, efficient 2009. A work programme for the period of 2010 - 2015 has
and functional joint organizational structure to implement been developed and its progress has been monitored.
this Agreement and the projects, programs and activities
taken thereunder in cooperation and coordination with Article 2 Objective - The objective of this Agreement is to
each member and the international community, and to provide effective mechanisms to achieve substantial
address and resolve issues and problems that may arise reduction of disaster losses in lives and in the social,
from the use and development of the Mekong River Basin economic and environmental assets of the Parties, and to
water and related resources in an amicable, timely and good jointly respond to disaster emergencies through concerted
neighbourly manner, national efforts and intensified regional and international
co-operation. This should be pursued in the overall context
PROCLAIMING further the following specific objectives, of sustainable development and in accordance with the
principles, institutional framework and ancillary provisions provisions of this Agreement.
in conformity with the objectives and principles of the
Charter of the United Nations and international law. Article 3 Principles - The Parties shall be guided by the
following principles in the implementation of this
Objectives: To establish a framework for co-operation in Agreement:
the sustainable development, utilization, conservation and 1. The sovereignty, territorial integrity and national unity of
management of the Mekong River Basin. the Parties shall be respected, in accordance with the
Charter of the United Nations and the Treaty of Amity and
Summary of provisions: Cooperation in Southeast Asia, in the implementation of this
Parties agree to, inter alia, co-operate in all fields of Agreement. In this context, each affected Party shall have
sustainable development, utilization, management and the primary responsibility to respond to disasters occurring
conservation of the water and related resources of the within its territory and external assistance or offers of
Mekong River Basin (art. 1), and protect the environment, assistance shall only be provided upon the request or with
natural resources, aquatic life and conditions and ecological the consent of the affected Party.
balance from pollution or other harmful effects resulting 2. The Requesting or Receiving Party shall exercise the
from any use of the Basin (art. 3). Other provisions deal overall direction, control, co-ordination and supervision of
with equitable and reasonable utilization of the Basin, the assistance within its territory.
prevention and cessation of harmful effects, State 3. The Parties shall, in the spirit of solidarity and
responsibility for damages, freedom of navigation, and partnership and in accordance with their respective needs,
emergency situations. Institutional mechanisms: A Mekong capabilities and situations, strengthen co-operation and co-
River Commission is established, consisting of three ordination to achieve the objectives of this Agreement.
permanent bodies: the Council, the Joint Committee and a 4. The Parties shall give priority to prevention and
Secretariat (art. 11). The Joint Committee is to, inter alia, mitigation, and thus shall take precautionary measures to
prepare and propose for approval of the Council Rules for prevent, monitor and mitigate disasters.
Water Utilization and Inter-Basin Diversions (art. 26). 5. The Parties shall, to the extent possible, mainstream
disaster risk reduction efforts into sustainable development
5. 2009 Agreement on Disaster Management and policies, planning and programming at all levels.
Emergency Response


6. The Parties, in addressing disaster risks, shall involve, as a. developing and implementing legislative and other
appropriate, all stakeholders including local communities, regulatory measures, as well as policies, plans, programmes
nongovernmental organisations and private enterprises, and strategies;
utilising, among others, community-based disaster b. strengthening local and national disaster management
preparedness and early response approaches. capability and co-ordination;
c. promoting public awareness and education and
Article 4 General Obligations: In pursuing the objective strengthening community participation; and d. promoting
of this Agreement, the Parties shall: and utilising indigenous knowledge and practices.
a. co-operate in developing and implementing measures to 3. The Parties shall co-operate in developing and
reduce disaster losses including identification of disaster implementing regional disaster prevention and mitigation
risk, development of monitoring, assessment and early programmes to complement national-level efforts.
warning systems, standby arrangements for disaster relief
and emergency response, exchange of information and
technology, and the provision of mutual assistance;
b. immediately respond to a disaster occurring within their PART IV. DISASTER PREPAREDNESS
territory. When the said disaster is likely to cause possible Article 7 Disaster Early Warning
impacts on other Member States, respond promptly to a 1. The Parties shall, as appropriate, establish, maintain and
request for relevant information sought by a Member State periodically review national disaster early warning
or States that are or may be affected by such disasters, with arrangements including:
a view to minimising the consequences; a. regular disaster risk assessment;
c. promptly respond to a request for assistance from an b. early warning information systems;
affected Party; and c. communication network for timely delivery of
d. take legislative, administrative and other measures as information; and
necessary to implement their obligations under this d. public awareness and preparedness to act upon the early
Agreement. warning information.
PART II. DISASTER RISK IDENTIFICATION, ASSESSMENT 2. The Parties shall co-operate, as appropriate, to monitor
AND MONITORING hazards which have trans-boundary effects, to exchange
Article 5 : Risk Identification and Monitoring information and to provide early warning information
1. Each Party shall take appropriate measures to identify through appropriate arrangements.
disaster risks in its respective territories covering, among
others, the following aspects: Article 8 Preparedness
a. natural and human-induced hazards; 1. The Parties shall, jointly or individually, develop
b. risk assessment; strategies and contingency/response plans to reduce losses
c. monitoring of vulnerabilities; and from disasters.
d. disaster management capacities. 2. The Parties shall, as appropriate, prepare Standard
2. The Parties shall assign risk levels to each identified Operating Procedures for regional co-operation and
hazard according to agreed criteria. national action required under this Agreement including the
3. Each Party shall ensure that its National Focal Point, at following:
agreed regular intervals, communicates the above a. regional standby arrangements for disaster relief and
information to the ASEAN Co-ordinating Centre for emergency response;
Humanitarian Assistance on disaster management, b. utilisation of military and civilian personnel,
hereinafter referred to as "the AHA Centre", established in transportation and communication equipment, facilities,
accordance with Article 20 of this Agreement. goods and services and to facilitate their trans-boundary
4. The AHA Centre shall receive and consolidate data as movement; and c. co-ordination of joint disaster relief
analysed by and recommendations on risk level from the and emergency response operations.
National Focal Points. On the basis of such information, the 3. The Parties shall, jointly or individually enhance their
AHA Centre shall disseminate to each Party, through its national capacities, as appropriate, inter alia, to:
National Focal Point, the analysed data and risk level arising a. facilitate mobilisation of national resources to support
from the identified hazards. The AHA Centre may also, such regional standby arrangements for disaster relief
where appropriate, conduct analysis on possible regional- and emergency response;
level implications. b. co-ordinate with the ASEAN Food Security Reserve
Board to facilitate release of rice from the ASEAN
PART III. DISASTER PREVENTION AND MITIGATION Emergency Rice Reserve; and
Article 6 Prevention and Mitigation c. conduct training and exercises to attain and maintain
1. The Parties shall, jointly or individually, develop the relevance and applicability of such Standard
strategies to identify, prevent and reduce risks arising from Operating Procedures.
hazards. 4. Each Party shall regularly inform the AHA Centre of its
2. Each Party shall undertake measures to reduce losses available resources for the regional standby arrangements
from disasters which include: for disaster relief and emergency response.


5. The AHA Centre shall facilitate the establishment, (i) cooperate in developing and implementing measures to
maintenance and periodical review of regional standby prevent, monitor, and mitigate transboundary haze
arrangements for disaster relief and emergency response. pollution by controlling sources of land and/or forest
6. The AHA Centre shall facilitate periodic review of regional fires, development of monitoring, assessment and early
standard operating procedures. warning systems, exchange of information and
technology, and the provision of mutual assistance;
PART V. EMERGENCY RESPONSE (ii) respond promptly to a request for relevant information
Article 10 National Emergency Response sought by a State or States that are or may be affected by
1. Each Party shall ensure according to their national such transboundary haze pollution, with a view to
legislation that the necessary measures are taken to minimising the consequence of the transboundary haze
mobilize equipment, facilities, materials, human and pollution; and
financial resources required to respond to disasters. (iii) take legal, administrative and/ or other measures to
2. Each Party may forthwith inform other Parties and the implement their obligations under the Agreement.
AHA Centre of such measures.
Article 11 Joint Emergency Response through the Provision The Agreement establishes an ASEAN Coordinating Centre
of Assistance for Transboundary Haze Pollution Control to facilitate
Article 12 Direction and Control of Assistance cooperation and coordination in managing the impact of
Article 13 Respect of National Laws and Regulations land and forest fires in particular haze pollution arising
Article 14 Exemptions and Facilities in Respect of the from such fires. Pending the establishment of the Centre,
Provision of Assistance ASEAN Secretariat and ASEAN Specialised Meteorological
Article 15 Identification Centre (ASMC) co-performed the interim functions of the
Article 16 Transit of Personnel, Equipment, Facilities and Centre.
Materials in Respect of the Provision of Assistance
The Agreement entered into force on 25 November 2003.
To date, nine Member Countries, namely Brunei
Darussalam, Cambodia, Lao PDR, Malaysia, Myanmar,
PART VI. REHABILITATION Philippines, Singapore, Thailand, and Viet Nam, have
Article 17 Rehabilitation : For the purpose of the ratified the Haze Agreement.
implementation of this Agreement, the Parties shall, jointly Articles:
or individually, develop strategies and implement a. Maritime Convulsions in ASEAN [ Manila Times
programmes for rehabilitation as a result of a disaster. The May 30, 2015]
Parties shall promote, as appropriate, bilateral, regional and The sea belongs to nobody but interests clash over its
international co-operation for rehabilitation as a result of a uses.
disaster. At no other time in history do some Asean countries face
several maritime challenges than during this second
PART VII. TECHNICAL CO-OPERATION AND SCIENTIFIC decade of the 21st. All because of the uses of the South
RESEARCH China Sea and its resources major shipping routes,
Article 18 Technical Co-operation important fishing grounds and abundant oil and gas
Article 19 Scientific and Technical Research reserves. But over and above those maritime pursuits is
the question of territorial (land, water and air space)
PART VIII. ASEAN CO-ORDINATING CENTRE FOR ownership as developed in law.
HUMANITARIAN ASSISTANCE
Article 20 ASEAN Co-ordinating Centre for Humanitarian The South China Sea is a marginal sea that is part of the
Assistance Pacific Ocean, encompassing an area from Singapore and
Malacca Straits to the Strait of Taiwan of around 3,500,000
6. ASEAN Agreement on TransBoundary Pollution square kilometers. Center of dispute is the Spratly Islands
Control area. Chinas unilaterally declared nine-dash line
ASEAN Agreement on Transboundary Haze Pollution - The ownership of 90% of the South China Sea overlaps with the
Governments of the ten ASEAN Member Countries signed competing claims of some Asean countries Brunei
the ASEAN Agreement on Transboundary Haze Pollution on Darussalam, Malaysia, the Philippines and Vietnam. Non-
10 June 2002 in Kuala Lumpur, Malaysia. The Agreement is Asean claimant is Taiwan. Similarly claimed by China is
the first regional arrangement in the world that binds a Natuna Islands at the southern tip of South China Sea
group of contiguous states to tackle transboundary haze which is within Indonesias exclusive economic zone (EEZ)
pollution resulting from land and forest fires. It has also and sits on Indonesias maritime borders with Brunei
been considered as a global role model for the tackling of Darussalam, Malaysia and Vietnam. Likewise, Chinas
transboundary issues. recent announcement of a fishing ban to all fishing
activities in Hoang Sa (Paracel) archipelago was strongly
The Agreement requires the Parties to the Agreement to: objected to by Vietnam.


Vietnam says it has sufficient legal and historical states must recognize their joint responsibility for the
foundations testifying to its sovereignty over Hoang Sa and protection of the transnational environment.
the sovereign rights and jurisdiction over its waters, EEZ For the rich in marine and mineral resources but object of
and continental shelf in line with the UN Law of the Sea. overlapping ownership claims Spratly islands group, some
Scarborough Shoal which is well within the Philippine EEZ arguments favor cooperation to preserve/conserve the
is contested too. (Japan is into a bitter territorial dispute ecological wealth of the area rather than tackling head-on
with China over the Sinkaku/Diaoyu islands in the East the sovereignty issue. In this regard, serious thought
China Sea). should be given to the long-standing suggestion for an
Asean Area of Cooperation in the Spratlys as well as the
At the recently concluded Summit of Heads of States held possibilities for the designation of an internationally
in Malaysia, Asean leaders expressed their concern at protected area status, i.e. Marine Peace Park, through
Chinas massive reclamation in the Spratlys which has multilateral cooperative options available. These could
eroded trust and confidence and may undermine, peace, further elaboration of confidence and security building
security and stability in the South China Sea. Asean measures in both the military and civilian sectors by the
foreign ministers were instructed to urgently address the adoption of less offensive military postures in defense of
matter constructively via frameworks such as Asean- the environment.
China relations. The Asean Chairmans statement also
reasserted (i) the importance of freedom of navigation in The removal of confrontation between States is an
and over-flight in the South China Sea; (ii) called for the important precondition for the removal of confrontation
full implementation of the Declaration of the Conduct of between humankind and the natural environment
Parties in the South China Sea; and (iii) demanded that the considering the fundamental necessity of securing the
parties concerned should resolve their differences in long-term availability of natural resources.
accordance with international law including the Law of the The pursuit of environmental security could become a
Sea treaty. major agent of change in international affairs, promoting
an international order more compatible with human needs.
The rising tension in the disputed waters prompted the US Common sovereignty over natural resources should be
to warn against militarization of the territorial disputes. recognized and given priority in the resolution of conflicts
Lately, satellite imagery showed the extensive reclamation and hostilities among States.
activities for a land mass that could support an airstrip,
apron, harbor, etc. which China defined as being within its b. ASEAN: Changed in Security Environment [Manila
sovereign territory. The US navy sent a littoral combat Times Dec. 19, 2015]
ship on its first patrol and used a P8-A Poseidon, the most
advanced surveillance aircraft in the US arsenal, over the NEW thinking about defense and security environment
contested area. Prior to this development, the US had its during the last few years pervades countries around the
6th Naval Engagement Activity in Vietnam. Likewise, the world. This was brought about by, to mention a few, the
Philippines and US militaries recently held its largest emergence of a terrorist quasi-state in the Middle East;
Balikatan exercises in years with nearly 12,000 troops home-grown terrorist attacks prompting governments to
participating (double the number that participated in be on extreme alert; mass immigration to Europe; the
2014). proliferation of advanced defense technologies; internal
displacement of people due to armed conflicts; the
Coincidentally, IHS Janes Defence Weekly, a leading phenomenon of environmental refugees including climate
provider of defense and security insight and information, migrants as a consequence of natural disasters; popularity
noted that the rest of the Asean countries are modernizing of cyber warfare, which gave way to various levels of
their respective navies as part of a wider Southeast Asian internal uncertainty and a new perception about security
trend towards greater maritime capabilities. Singapore has concerns.
the most potent military in Southeast Asia. Myanmar, on
the other hand, embarked on an ambitious program of In the Asean region, tension prevails as rivals jostle over
indigenous shipbuilding backed up by naval exercises on territories in the West Philippine Sea which has enormous
its own. geo-strategic and economic significance. This climate of
conflict has security implications which forced
The territorial sovereignty issue in the South China Sea had governments to re-think their long-term defense
become an external sovereignty or regional security issue strategies. In fact, some analysts opined that defense
with environmental security threats revolving around planning is increasingly being shaped by climate and
exploitation of natural resources alongside strategic ones, resource considerations too. Take note that majority of the
i.e. potential military uses of the islands. Asean countries are vulnerable to extreme climate
In all these maritime rivalries, ecological security ought to disturbances due to global warming and disaster relief had
be recognized as an inseparable component of the concept come to be accepted as the militarys secondary role.
of sovereignty to attain regional security. Contending

The changed defense and security environment in the high endurance submarine with advanced stealth
Asean countries has led to procurement drivesto ensure capabilities.
stability. Singapore highlights its island defense
capabilities centered on automation and mobility A rising China turning closer to Russia with US as Pacific
enhancements. The Singapore Armed Forces recently hegemon are obviously contributory to the changed
acquired protected mobility vehicles which enhances defense and security environment in the countries of
ballistic protection for troops and incorporates a host of Southeast Asia.
safety measures. Earlier, the country significantly boosted
its sea power by commissioning six new frigates. Be that as it may, the most pressing priority for Asean
countries in the changed security environment is to
The Philippines, as part of its long awaited military improve their intelligence-gathering capabilities.
modernization program, recently received new aircrafts Procurement of munitions alone would not suffice to meet
including jet fighters and helicopters from South Korea. the countries security needs. There ought to have
Medium lift transport and surveillance aircrafts were also improvement in the regions intelligence sharing and
acquired from Spain while heavy landing craft vessels will coordinating capabilities. More than any other time, the
be acquired from Australia. Meanwhile, as Vietnams new era of intel-centric warfare using innovative
economy improves tremendously, reforms to further information, communications and computer technologies
professionalize the Vietnam Peoples Army are under way. demands the ability to assess, analyze and decisively act in
Its procurements include, among others, fighter aircrafts, an emerging situation of critical importance. In short,
submarines, coastal radar system, maritime patrol military equipment and weapons advantage should be
helicopters and fast patrol vessels for the Vietnam Coast backed by an effective intelligence capability.
Guard. - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Brunei Darrusalams off-shore patrol vessels from
Germany considerably enhanced its naval operational Assignment for Feb 22:
capabilities. To improve training, its Navy is building a 1. Strengthening Sustainable Development in Regional
center of excellence for seamanship warfare, weapons InterGovernmental Governance: Lessons from the
handling, firefighting and damage control, communications 'ASEAN Way' [SG journal of International and
and engineering training. Comparative Law Vol. 6, 2002]
2. ASEAN: Indonesian Haze NOT a Sovereignty Issue
Indonesia, on the other hand, identified its need for a [Manila Times June 22, 2013]
complementary submarine fleet that can fill in the gaps of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
their new ocean-going submarines. Note that Indonesia
maintains a submarine base in Sulawesi Island. 1. Strengthening Sustainable Development in Regional
Malaysia, which established its own Malaysian Maritime InterGovernmental Governance: Lessons from the
'ASEAN Way'
Enforcement Agency in 2005, took delivery of its first
Scorpene submarines in 2009 while Thailand, the first to "The existing frameworks for regional inter-governmental
possess Southeast Asias aircraft carrier has been exploring governance should be fully utilized as part of the
submarine procurement. international governance structure. Greater use should be
made of regional, inter-governmental and other
The rapid expansion of Myanmars Navy backed up by an organizations to promote coordinated sustainable
ambitious program of indigenous shipbuilding is well development initiatives for that region."
noted in the region. Myanmars military or Tatmadaw, Joint Statement of Environment Ministers of ASEAN to the
however, was drawn into its largest and costliest military World Summit on Sustainable Development, 4 June 2002,
campaign against insurgents in the Kokang region of Bali, Indonesia, in Report of the 12th Meeting of the ASEAN
northeaster Shan State. The Kokang campaign marked the Working Group on Nature Conservation and Biodiversity
first time the Tatmadaw undertook combined arms (AWGNCB), 17-18 June 2002, Yangon, Annex 12, at para. 21
operations involving mechanized infantry, artillery, armor [ASEAN is the acronym for the Association of South East
and air power under combat conditions. Asian Nations]

Those acquisitions of military hardware were made prior Sustainable development, worldwide, cannot be attained
to Washingtons announcement of a US $250 million plan unless each country undertakes common but differentiated
to bolster naval capabilities of the Philippines, Indonesia, actions to implement the recommendations made in Agenda
Malaysia, Vietnam and Japan and before Singapore agreed 21. These undertakings can be encouraged through
to the first deployment in the city state of a US P8Poseidon strengthened international support networks, such as
spy plane, the most advance surveillance aircraft of the US, international cooperation to provide information on
and long before the arrival in Subic Bay of USS Tucson, a whether patterns and climatic conditions or to fashion new,
collaborative financing systems for implementing needed


actions. However, work at the international level is remote contrast to practices in Oceana reflecting the experience of
from each country's specific problems or their remediation. the British Commonwealth, 6 in ASEAN disputes tend to be
Countries also need regional support, where networks are settled by conciliation and consultation, not by formal
closer to actual problems and can understand them judicial types of dispute resolutions. ASEAN's origins in
realistically. 1967 did not include environmental management as an
express concern. The then ASEAN members attended the
Moreover, most transboundary issues appear first United Nations Conference on the Human Environment in
regionally, as pollution in a shared river basin or the loss of Stockholm, in 1972, and thereafter ASEAN began to include
habitat across the range of a species migrating across two or environment as a theme among its complex system of
more States. A single country alone cannot cope effectively regional consultations to promote cooperation in areas of
with shared environmental problems. Therefore, regional economic, social, technical and scientific development.
systems of environmental management are essential to ASEAN's accomplishments are not easily cited, since ASEAN
securing agreements for, and implementation of, specific has emphasized programmatic cooperation rather than
action programs.' adoption of formal, easily cited legal instruments requiring
environmental protection. However, it would be a mistake
ASEAN has rapidly matured. ASEAN was founded with the to suggest that ASEAN's quiet cooperation is somehow less
1967 Bangkok Declaration in order to encourage stable effective than western sponsored treaty arrangements. In
relations among its original member states, i.e. Indonesia, fact, when ASEAN is compared to the Asia-Pacific Economic
Malaysia, Cooperation (APEC) forum. ASEAN appears to have
Singapore, Thailand and the Philippines, and to resist sustained a regional system for collaboration while APEC
destabilizing influences from the war in Viet Nam. The has a hard time keeping up a dialogue. ASEAN's measured
means to stability was to promote economic, social and accomplishments may be discerned is a description of its
cultural cooperation in the spirit of equality and systems for regional environmental governance.
partnership. A formal treaty system was not required. As Environmental governance has been defined by Miranda
the Viet Nam war ended, ASEAN held its fist Summit Schreurs as "the interactions among formal and informal
Meeting in Bali (1976), followed by the 1977 Summit in institutions and the actors within society that influence how
Kuala Lumpur, where cooperation on regional environmental problems are identified and named. To this
industrializations was launched. In this first phase of definition, we would add "and are implemented." Examining
cooperation, national ASEAN secretariats carried on the environmental governance necessarily involves
projects. examination of not only "institutions", which is the
organizational structures and framework of ASEAN, but also
From 1977 to 1992, ASEAN worked with an administrative requires study of the decision-making practices and
regional secretariat, based in Indonesia. ASEAN participated programs of the organization. Some of ASEAN's institutions
actively in the process to define sustainable development in for environmental governance can be illustrated with
Agenda 21, and since 1992 ASEAN has elaborated ever reference to how ASEAN addresses biodiversity
more sophisticated measures for coordination of policy, and conservation and transfrontier air pollution born forest
expanded its membership to include among its members fires. ASEAN's "rules and practices," its programs and plans
Cambodia, Laos, Myanmar Purma), and Viet Nam. Since the of action, can be illuminated by the need for actual
four new members have substantial needs in building their implementation of its programs, as in the case of the "Haze."
capacity for environmental protection specifically, and The "ASEAN Way" faces new challenges as it knits together
sustainable development more broadly, ASEAN has begun programs across the 10 South East Asian countries, yet the
to include a capacity-building dimension to its cooperation. very fact that its participants see ASEAN's Way as a defined
approach, distinct from the more formalistic parliamentary
11. THE "ASEAN WAY" - Cooperation to build toward stable decision-making systems of European or North America, is
relations came to be known as the "ASEAN Way." ASEAN's the best evidence for the proposition that that ASEAN bears
regional collaboration emphasizes three norms: close study by those who would understand how to foster
(1) non-interference or non-intervention in each governance for sustainability internationally.
others' domestic affairs, as underscored in the United
Nations Charter, Article 2(7), 2. ASEAN: Indonesian Haze NOT a Sovereignty Issue
(2) the use of consensus planning and cooperative [Manila Times June 22, 2013]
programs and a preference for national implementation Illustrative of Asean cooperation on the principle of
rather than reliance on a strong region-wide agency or sovereignty over natural resources is the Asean response to
bureaucracy. the recurring Indonesian haze, which has been affecting the
neighboring countries specifically Singapore, Malaysia and
There are only two ASEAN hard law agreements in ASEAN's southern Thailand since 1982.
35 years of history (see infra), and these have yet to be
ratified. ASEAN has set a goal of closer cohesion and It is the result of land-clearing fires for palm plantations and
economic integration through building a recognized ASEAN the practice of swidden (kaingin) agriculture particularly on
community through adopting in 1997 its Vision 2020. In peat lands in Indonesia.



Only in 2002 did Asean formulate a hard law instrument on The threat of a pandemic drove Asean to act with prompt
the issue: the ASEAN Agreement on Transboundary Haze response with no less than 25 Asean soft law instruments.
Pollution (ATHP). Although generally applicable to all Asean Possibly, Aseans response to zoonotic diseases was more
states, it was formulated in response to the Indonesian haze. successful as a result of the threat of pandemic not only in
It took effect in November 2003 with the ratification by nine the region but also in many parts of the world. In the words
member states. Indonesia has yet to ratify, which rendered of eminent Asean law expert, Koh Kheng Lian, Asean
the Agreement essentially ineffective. should use its rich history of cooperation among States to
In October 2006, Singapore decided to raise the issue at the build . . .environmental cooperation . . . This would enhance
UN General Assembly, a permissible move under Article 2 of respect for sovereignty, not undermine it; it can be argued
ATHP, which specifically states that the Agreements that the inability to avert an environmental disaster is a
objective is to prevent and monitor transboundary haze greater loss of sovereign authority than cooperation in
pollution through concerted national efforts and intensified agreed programs to control the harm. Aseans deferential
regional and international cooperation. Indonesia, however, approach to others domestic affairs can inadvertently lead
invoked the principle of sovereignty and non-interference in to violations of Principle 21 of the UN Declaration on the
domestic affairs. (A word must be said about the Asean way Human Environment in which all States acknowledge that
of doing things. Cooperation is done through consensus. each must act so as not to harm the environment of each
There is no Asean Parliament to issue laws, regulations and other.
directives to its members and no enforcement agencies.
Non-interference in the domestic affairs of a member State - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
is the rule of conduct.) Assignment for Feb 29
This controversy illustrates the complex political and 1. COBSEA (coordinating bodies of East Asia)
economic dimensions of the haze problem as well as the 2. Economic and Social Commission (ECOSOC)
conflict between national and regional interests confronting UN body -> Envi
the Asean. The successful adoption and ratification of ATHP U.N. Environmental Program
attests to Aseans growing stature as a transnational 3. UN, UN organs, general assembly, ECOSOC,
environmental lawmaker. But, at the same time, the International court of justice, UNEP,
controversy demonstrates the obstacles in Aseans path 4. UN Specialized agencies: ILO, IMO, WMO, UNESCO,
towards environmental regulatory effectiveness. FAO5. Intergovernmental institution: IUCN
Perhaps it is time for Asean to take a strong stand, that the 5. Continental groupings: OAS, OAU, EU- ASEAN
principle of sovereignty be modified in the context of counterparts
environmental law. Far from undermining state 6. Convention on Wetlands of International importance
sovereignty, enhanced cooperation in the area of especially as waterfowl habitat 1971 Ramsar
environment will strengthen states sustainable convention
development. By adopting a flexible engagement approach 7. 1985 ASEAN agreement (on environmental
to transboundary environmental issues, Asean member protection) Nature and Natural Resources
states could discuss complex problems such as the 8. Forerunner on the International Convention on
Indonesian Haze without being accused of interfering with Biological Diversity CBD 1992
the internal affairs of the country. 9. Access and Benefit Sharing with Pharmaceutical
Companies
Flexible engagement is not yet an accepted principle in the **Take note of ASEAN Initiatives on Turtles in Malaysia and
Asean, but its application to transboundary environmental PH; Borneo Initiative; Coral Triangle Initiative in Indonesia,
issues is relevant. Flexible engagement is an attempt to PH, Timor Leste,
delimit the range of situations in which individual member - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
states would be justified in appealing to non-interference to
ward off outside involvement in their internal affairs. As 1. COBSEA (coordinating bodies of East Asia)
serious threats to sustainable development and human
security more broadly, transboundary environmental issues COBSEA, UNEP Regional Seas Programme for the East Asian
would be classified as beyond the scope of internal affairs Seas Region 9 countries; Formed in 1981 as an
and would be subject to regional governance despite INTERGOVERNMENTAL PLATFORM but no legally binding
sovereignty. convention;

It is interesting to compare Aseans response to the Haze Mandate - to coordinate activities on the conservation and
issue with the threat posed by zoonotic diseases, e.g. SARS, management of the marine and coastal environment;
avian flu, swine flu (H1N1) during the last 7 years which
raised not only issues of human security but also challenged (COBSEA Secretariat) is based in Bangkok.
animal protection, the protection of biodiversity and
ecosystems and the pursuit of sustainable development, i.e. ABOUT COBSEA: East Asia's astonishing variety of political,
sustainability of the chain of animal food production. economic and social systems is matched by its environment:


ship-crowded straits, island groups, wide gulfs, shallow states and the United Nations system. A number of non-
estuaries - and some of the most heavily populated governmental organizations have been granted consultative
countries in the world where millions rely on seafood for status to the Council to participate in the work of the United
much of their protein. The threats to the coastal and marine Nations.
environment in the region seem just as varied, and include
erosion and siltation from land development, logging and The United Nations Environment Programme (UNEP) is
mining, blast fishing in coral reefs, cutting and conversion of an agency that coordinates its environmental activities,
mangroves, overfishing, unimpeded development and assisting developing countries in implementing
disposal of untreated wastes. environmentally sound policies and practices. It was
founded by Maurice Strong, its first director, as a result of
The Action Plan for the Protection and Development of the the United Nations Conference on the Human Environment
Marine Environment and Coastal Areas of the East Asian in June 1972 and has its headquarters in the Gigiri
Seas Region (the East Asian Seas Action Plan) was approved neighborhood of Nairobi, Kenya. UNEP also has six regional
in 1981 stimulated by concerns on the effects and sources of offices and various country offices.
marine pollution. Initially, the action plan involved five
countries (Indonesia, Malaysia, Philippines, Singapore and Its activities cover a wide range of issues regarding the
Thailand). In 1994, it was revised to involve another five atmosphere, marine and terrestrial ecosystems,
countries (Australia, Cambodia, People's Republic of China, environmental governance and green economy. It has
Republic of Korea and Vietnam) and up to this date the played a significant role in developing international
action plan has nine participating countries (Australia is no environmental conventions, promoting environmental
longer a participating country). The main components of science and information and illustrating the way those can
East Asian Seas Action Plan are assessment of the effects of be implemented in conjunction with policy, working on the
human activities on the marine environment, control of development and implementation of policy with national
coastal pollution, protection of mangroves, seagrasses and governments, regional institutions in conjunction with
coral reefs, and waste management. environmental non-governmental organizations (NGOs).
UNEP has also been active in funding and implementing
Among the Regional Seas Programmes, East Asia has environment related development projects.
steered a unique course. There is no regional convention;
instead the programme promotes compliance with The winner of the Miss Earth beauty pageant serves as the
existing environmental treaties and is based on spokesperson of UNEP.
member country goodwill.
UNEP has aided in the formulation of guidelines and treaties
East Asian Seas Action Plan is steered by the Coordinating on issues such as the international trade in potentially
Body on the Seas of East Asia (COBSEA) that is consisting harmful chemicals, transboundary air pollution, and
of the ten member countries (Cambodia, China, Indonesia, contamination of international waterways.
Rep of Korea, Malaysia, Philippines, Singapore, Thailand,
Vietnam). The COBSEA Secretariat is in fact the lead The World Meteorological Organization and UNEP
agency of the United Nations for marine environmental established the Intergovernmental Panel on Climate Change
matters in East Asia, responsible for coordinating the (IPCC) in 1988. UNEP is also one of several Implementing
activities of governments, NGOs, UN and donor agencies, Agencies for the Global Environment Facility (GEF) and the
and individuals in caring for the region's marine Multilateral Fund for the Implementation of the Montreal
environment. Protocol, and it is also a member of the United Nations
Development Group.[1] The International Cyanide
2. Economic and Social Commission (ECOSOC) Management Code, a program of best practice for the
chemicals use at gold mining operations, was developed
U.N. Environmental Program under UNEPs aegis.
The United Nations Economic and Social Council is one of
the principal organs of the United Nations, responsible for UNEP's main activities are related to:
coordinating the economic, social and related work of 14 UN climate change;
specialized agencies, their functional commissions and five including the Territorial Approach to Climate Change
regional commissions. The ECOSOC has 54 members. It (TACC);
holds one four-week session each year in July, and since disasters and conflicts;
1998, it has also held a meeting each April with finance ecosystem management;
ministers heading key committees of the World Bank and environmental governance;
the International Monetary Fund (IMF). environment under review;
harmful substances; and
The ECOSOC serves as the central forum for discussing resource efficiency.
international economic and social issues, and for
formulating policy recommendations addressed to member


b. UN, UN organs, general assembly, ECOSOC, played a significant role in developing international
International court of justice, UNEP, environmental conventions, promoting environmental
science and information and illustrating the way those can
The United Nations (UN) is an organization of sovereign be implemented in conjunction with policy, working on the
nations. It provides the machinery for its Member States to development and implementation of policy with national
help solve disputes or problems, and deal with matters of governments, regional institutions in conjunction with
concern to all humanity. It does not legislate. environmental non-governmental organizations (NGOs).
UNEP has also been active in funding and implementing
The International Court of Justice (ICJ) is the principal environment related development projects.
judicial organ of the UN.
The winner of the Miss Earth beauty pageant serves as the
The General Assembly is the UN's main deliberative body. spokesperson of UNEP.
All Member States are represented in it and each has one
vote. UNEP has aided in the formulation of guidelines and treaties
on issues such as the international trade in potentially
The Economic and Social Council (ECOSOC) coordinates harmful chemicals, transboundary air pollution, and
the economic and social work of the UN. contamination of international waterways.

The Security Council has primary responsibility for The World Meteorological Organization and UNEP
maintenance of international peace and security. It has five established the Intergovernmental Panel on Climate Change
permanent members each with the right to veto, and ten (IPCC) in 1988. UNEP is also one of several Implementing
others elected for two-year terms. Member States are Agencies for the Global Environment Facility (GEF) and the
obligated to carry out its decisions. Multilateral Fund for the Implementation of the Montreal
Protocol, and it is also a member of the United Nations
The Secretariat services all organs of the UN except the ICJ, Development Group.[1] The International Cyanide
doing the day-to-day work of the UN, ranging from Management Code, a program of best practice for the
administering peace-keeping operations to organizing chemicals use at gold mining operations, was developed
conferences. under UNEPs aegis.

The Secretary-General controls and directs the Secretariat, c. UN Specialized agencies: ILO, IMO, WMO, UNESCO,
and is chief administrative officer at all meetings of the FAO
General Assembly, Security Council ECOSOC and the
Trusteeship Council. Specialized agencies are autonomous organizations
working with the United Nations and each other through
The Trusteeship Council was established to ensure that the coordinating machinery of the United Nations Economic
governments responsible for administering Trust and Social Council at the intergovernmental level, and
Territories took adequate steps to prepare them for self- through the Chief Executives Board for coordination (CEB)
government or independence. This task having been at the inter-secretariat level.[1] Specialized agencies may or
completed in 1994, the Council will now meet as and when may not have been originally created by the United Nations,
required. but they are incorporated into the United Nations System by
the United Nations Economic and Social Council acting
The specialized agencies and programmes have wide under Articles 57 and 63 of the United Nations Charter. At
international responsibilities for development, health and present the UN has in total 15. specialized agencies that
economic, social, cultural, educational, scientific and carry out various functions on behalf of the UN.
technical, and other fields.
The Food and Agriculture Organization of the United
The United Nations Environment Programme (UNEP) is Nations leads international efforts to defeat hunger. Serving
an agency that coordinates its environmental activities, both developed and developing countries, FAO acts as a
assisting developing countries in implementing neutral forum where all nations meet as equals to negotiate
environmentally sound policies and practices. It was agreements and debate policy. FAO's mandate is to raise
founded by Maurice Strong, its first director, as a result of levels of nutrition, improve agricultural productivity, better
the United Nations Conference on the Human Environment the lives of rural populations and contribute to the growth
in June 1972 and has its headquarters in the Gigiri of the world economy. FAO is the largest of UN agencies and
neighborhood of Nairobi, Kenya. UNEP also has six regional its headquarters is in Rome, Italy.
offices and various country offices. The International Civil Aviation Organization (ICAO)
was founded in 1947. It codifies the principles and
Its activities cover a wide range of issues regarding the techniques of international air navigation and fosters the
atmosphere, marine and terrestrial ecosystems, planning and development of international air transport to
environmental governance and green economy. It has ensure safe and orderly growth. Its headquarters are


located in the Quartier international de Montral of countries and countries with economics in transition and
Montreal, Canada. the promotion of international industrial cooperation.

The ICAO Council adopts standards and recommended The World Health Organization (WHO) acts as a
practices concerning air navigation, prevention of unlawful coordinating authority on international public health and
interference, and facilitation of border-crossing procedures deals with health and sanitation and diseases and sends
for international civil aviation. In addition, ICAO defines the medical teams to help combat epidemics. Established on 7
protocols for air accident investigation followed by April 1948, and headquartered in Geneva, Switzerland, the
transport safety authorities in countries signatory to the agency inherited the mandate and resources of its
Convention on International Civil Aviation, commonly predecessor, the Health Organization, which had been an
known as the Chicago Convention. agency of the League of Nations.

The International Labour Organization (ILO) deals with The World Meteorological Organization (WMO)
labour issues. Its headquarters are in Geneva, Switzerland. originated from the International Meteorological
Founded in 1919, it was formed through the negotiations of Organization (IMO), which was founded in 1873.
the Treaty of Versailles, and was initially an agency of the Established in 1950, WMO became the specialized agency of
League of Nations. It became a member of the UN system the United Nations for modern meteorology (weather and
after the demise of the League and the formation of the UN climate), operational hydrology and related geophysical
at the end of World War II. Its Constitution, as amended to sciences. It has its headquarters in Geneva, Switzerland.
date, includes the Declaration of Philadelphia on the aims
and purposes of the Organization. Its secretariat is known d. Intergovernmental institution: IUCN
as the International Labour Office. The International Union for Conservation of Nature and
Natural Resources (IUCN) is an international organization
The International Maritime Organization (IMO), working in the field of nature conservation and sustainable
formerly known as the Inter-Governmental Maritime use of natural resources. It is involved in data gathering and
Consultative Organization (IMCO), was established in 1948 analysis, research, field projects, advocacy, lobbying and
through the United Nations to coordinate international education. IUCN's mission is to "influence, encourage and
maritime safety and related practices. However the IMO did assist societies throughout the world to conserve nature
not enter into full force until 1958. and to ensure that any use of natural resources is equitable
and ecologically sustainable."
Headquartered in London, United Kingdom, the IMO
promotes cooperation among governments and the Over the past decades, IUCN has widened its focus beyond
shipping industry to improve maritime safety and to conservation ecology and now incorporates issues related
prevent marine pollution. to gender equality, poverty alleviation and sustainable
business in its projects. Unlike other international NGOs,
International Monetary Fund (IMF) is sometimes IUCN does not itself aim to mobilize the public in support of
considered to be a specialized agency. It is part of the United nature conservation. It tries to influence the actions of
Nations system and has a formal relationship agreement governments, business and other stakeholders by providing
with the UN, but retains its independence The IMF provides information and advice, and through lobbying and
monetary cooperation and financial stability and acts as a partnerships. The organization is best known to the wider
forum for advice, negotiation and assistance on financial public for compiling and publishing the IUCN Red List of
issues. It is headquartered in Washington, D.C., United Threatened Species, which assesses the conservation status
States of America. of species worldwide.

The United Nations Educational, Scientific and Cultural IUCN has a membership of over 1200 governmental and
Organization (UNESCO) is a specialized agency of the non-governmental organizations. Some 11,000 scientists
United Nations established in 1946 with its headquarters in and experts participate in the work of IUCN commissions on
Paris, France. Its stated purpose is to contribute to peace a voluntary basis. It employs approximately 1000 full-time
and security by promoting international collaboration staff in more than 60 countries. Its headquarters are in
through education, science, and culture in order to further Gland, Switzerland.
universal respect for justice, the rule of law, and the human
rights and fundamental freedoms proclaimed in the UN IUCN has observer and consultative status at the United
Charter. Nations, and plays a role in the implementation of several
international conventions on nature conservation and
The United Nations Industrial Development biodiversity. It was involved in establishing the World Wide
Organization (UNIDO) is a specialized agency of the United Fund for Nature and the World Conservation Monitoring
Nations system, headquartered in Vienna, Austria. The Centre. In the past, IUCN has been criticized for placing the
Organization's primary objective is the promotion and interests of nature over those of indigenous peoples. In
acceleration of industrial development in developing


recent years, its closer relations with the business sector Africa and Angola were two such countries. The OAU
have caused controversy. proposed two ways of ridding the continent of colonialism
and white minority rule. Firstly, it would defend the
IUCN was established in 1948. It was previously called the interests of independent countries and help to pursue the
International Union for Protection of Nature (19481956) independence those of still-colonised ones. Secondly, it
and the World Conservation Union (19902008). Its full would remain neutral in terms of world affairs, preventing
legal name is International Union for Conservation of its members from being controlled once more by outside
Nature and Natural Resources. powers.

e. Continental groupings: OAS, OAU, EU- counterparts of The African Union (AU) is a continental union consisting of
ASEAN 54 countries in Africa. The only African state that is not a
Basically, regionalism from below means that countries in a member is Morocco, due to the status of the Western
geographical area cooperate either for specific purposes or Sahara, although Burkina Faso and the Central African
general mutual benefit, especially involving economic Republic have had their memberships suspended due to the
cooperation and peacekeeping. The most important general recent coup d'tat and ongoing civil war, respectively. The
such institutions are the European Union (EU), Organization AU was established on 26 May 2001 in Addis Ababa and
of American States (OAS), Organization of African Unity launched on 9 July 2002 in South Africa,[6] with the aim of
(OAU), Association of Southeast Asian Nations (ASEAN), and replacing the Organisation of African Unity (OAU)
the Arab League.
The European Union is a unique economic and political
The Organization of American States or the OAS or OEA, partnership between 28 European countries that together
is an inter-continental organization founded on 30 April cover much of the continent.
1948, for the purposes of regional solidarity and
cooperation among its member states. Headquartered in The EU was created in the aftermath of the Second World
Washington, D.C., United States, the OAS's members are the War.
35 independent states of the Americas. The EU is based on the rule of law: everything that it does is
founded on treaties, voluntarily and democratically agreed
As of 26 May 2015, the Secretary General of OAS is Luis by all member countries. These binding agreements set out
Almagro the EU's goals in its many areas of activity.

The OAS constitutes the main political, juridical, and social The EU has developed an internal single market through a
governmental forum in the Hemisphere. In addition, it has standardized system of laws that apply in all member states.
granted permanent observer status to 69 states, as well as Within the Schengen Area, passport controls have been
to the European Union (EU). abolished.EU policies aim to ensure the free movement of
people, goods, services, and capital, enact legislation in
The OAS uses a four-pronged approach to effectively justice and home affairs, and maintain common policies on
implement its essential purposes. The Organizations four trade, agriculture, fisheries, and regional development. The
main pillarsdemocracy, human rights, security, and monetary union was established in 1999 and came into full
developmentsupport each other and are intertwined force in 2002. It is currently composed of 19 member states
through political dialogue, inclusiveness, cooperation, and that use the euro as their legal tender.
legal and follow-up instruments that provide the OAS with
the tools to maximize its work in the Hemisphere. 2. Convention on Wetlands of International importance
especially as water fowl habitat 1971 Ramsar
The Organisation of African Unity was established on 25 Convention
May 1963 in Addis Ababa, with 32 signatory governments.
It was disbanded on 9 July 2002 by its last chairperson, The Ramsar Convention (formally, the Convention on
South African President Thabo Mbeki, and replaced by the Wetlands of International Importance, especially as
African Union Waterfowl Habitat) is an international treaty for the
The OAU had the following primary aims: conservation and sustainable utilization of wetlands,
1. To co-ordinate and intensify the co-operation of African recognizing the fundamental ecological functions of
states in order to achieve a better life for the people of wetlands and their economic, cultural, scientific, and
Africa. recreational value. It is named after the city of Ramsar in
2. To defend the sovereignty, territorial integrity and Iran, where the Convention was signed in 1971.
independence of African states.
The Convention on Wetlands, called the Ramsar Convention,
The OAU was also dedicated to the eradication of all forms is an intergovernmental treaty that provides the framework
of colonialism and white minority rule as, when it was for national action and international cooperation for the
established, there were several states that had not yet won conservation and wise use of wetlands and their resources.
their independence or were white minority-ruled. South Number of Contracting Parties: 169


Number of Ramsar Sites: 2,231
Total surface of designated sites: 214,936,005 ha Benefits from Ramsar Convention
facilitates the development at national level of policies
The Conventions mission is the conservation and wise use and actions, including legislation, that help nations to
of all wetlands through local and national actions and make the best possible use of their wetland resources in
international cooperation, as a contribution towards their quest for sustainable development;
achieving sustainable development throughout the world. presents an opportunity for a country to make its voice
heard in the principal intergovernmental forum on the
Wetlands are among the most diverse and productive conservation and wise use of wetlands;
ecosystems. They provide essential services and supply all increased publicity and prestige for the wetlands
our fresh water. However they continue to be degraded and designated for the List of Wetlands of International
converted to other uses. Importance, hence increased possibilities of support for
conservation and wise use measures;
The Convention uses a broad definition of wetlands. It access to the latest information and advice on adoption of
includes all lakes and rivers, underground aquifers, swamps the Conventions internationally-accepted standards, such
and marshes, wet grasslands, peatlands, oases, estuaries, as criteria for identifying wetlands of international
deltas and tidal flats, mangroves and other coastal areas, importance, advice on application of the wise use concept,
coral reefs, and all human-made sites such as fish ponds, and guidelines on management planning in wetlands;
rice paddies, reservoirs and salt pans. brings access to expert advice on national and site-related
problems of wetland conservation and management
Under the three pillars of the Convention, the Contracting through contacts with Ramsar Secretariat personnel and
Parties commit to: collaborators and through application of the Ramsar
a. work towards the wise use of all their wetlands; Advisory Mission when appropriate; and
b. designate suitable wetlands for the list of Wetlands of encourages international cooperation on wetland issues
International Importance (the Ramsar List) and ensure and brings the possibility of support for wetland projects,
their effective management; either through the Conventions own small grants
c. cooperate internationally on transboundary wetlands, assistance programmes or through the Conventions
shared wetland systems and shared species. contacts with multilateral and bilateral external support
agencies
The Ramsar Convention works closely with five other Ramsar Small Grants Fund
organisations known as International Organization Partners
(IOPs). These are Birdlife International, the International RAMSAR vis--vis other MEAs
Union for Conservation of Nature (IUCN), the International CBD - CMS - CITES
Water Management Institute (IWMI), Wetlands
International and WWF International. These support the 2 Priority Issues
work of the Convention by providing expert technical Defining wetlands of global importance (Ramsar list)
advice, helping implement field studies and providing promoting wise-use of wetlands
financial support.
Party commitments
i. designation of at least 1 site
ii. inclusion of wetland conservation in national land use
planning
iii. establishing nature reserves on wetlands and training
on wetland research, management, and wardening
iv. consulting with other parties regarding
* SUPPLEMENT NOTES: Wetlands [Ramsar Convention] implementation
Wetlands Administrative Authority
all marshes, peatlands, mudflats, deltas, floodplains, Scientific and Technical Review Panel [STRP]
lagoons, estuary, rivers and lakes (seasonal or
permanent), wet grassland, subtidal aquatic beds, sand Implementation of the Policy
beaches, moss bogs, swamps, oxbows, wet meadows, - action plan
cypress swamps, reed marshes - work plan
coastal areas such as saltmarshes, mangroves and - guidelines to implement the policy
seagrass beds
coral reefs and other marine areas no deeper than 6 Review of Legislation
metres at low tide Designation of Lead Agency
human made wetlands such as wastewater treatment
ponds and reservoirs Monitoring
karst subterranean hydrological systems -wetland health and land use monitoring


- program success monitoring
Recognizes the importance of wetlands as resources of
Wetland Risk Assessment Framework great economic, cultural, scientific and recreational value
EIA
Convention broadened to cover all aspects of wetland
Local Indigenous People Participation conservation and wise use
1. collaboration with the management of inhabited or
privately owned wetland CONSIDER FOR FINALS: *** Provide Laws where PH
2. access to natural resources within wetland provides for implementation of RAMSAR Convention
essential for livelihood, security, cultural heritage
3. people express interest to get involved 3. 1985 ASEAN agreement (on environmental
protection) Nature and Natural Resources
Objectives of the Ramsar List Objectives: To maintain essential ecological processes and
1. Establish networks of Ramsar sites life-support systems, to preserve genetic diversity, and to
2. Contribute to maintaining biodiversity ensure the sustainable utilisation of living resources.
3. Foster cooperation among CP, etc.
4. Use network to promote cooperation in relation to Summary of provisions:
complementary treaties Chapter II of the Agreement provides for the conservation of
species and ecosystems through extensive management
National Wetland Policy Opportunities measures.
- establish wetland conservation and objectives in
government policies Chapter II deals with species genetic diversity (art. 3),
- enhance coordination of agencies sustainable use of species (art. 4), endangered and endemic
- incentives to create wetlands species (art. 5), vegetation cover and forest and endemic
- foster better wetland management species (art. 5), vegetation cover and forest (art. 9).
- better knowledge about wetland conservation and
application Chapter III of the Agreement relates to the conservation of
ecological processes with a view to maintaining their proper
Wetland Policy Objectives Focus on: functioning. Articles 10 and 11 concern the reduction,
- maintenance of wetland functions prevention and control of environmental degradation and
- advance land use planning affecting wetlands pollution.
- enhancement and rehabilitation of wetlands
- proclamation of sites Chapter IV provides for environmental planning measures
- mitigation of impact of activites with a view to integrating natural resources conservation
- wise use of wetland resources into the land use process. Articles of chapter IV deal with
land use planning (art. 12), establishment of protected areas
Goal Statements (art. 13), and impact assessments (art. 14).
Principles
Chapter V concerns national supporting measures which
Wetland Functions: consist in, inter alia, promoting education, information and
- water supply participation of the public in the planning and
- flood control implementation of conservation measures, and in training
- tourism scientific and technical personnel (art. 16).
- saline intrusion
- shoreline protection Chapter VI provides for international co-operation between
- sediment trap the Parties through, inter alia, the co-ordination of their
- natural products activities in the field of conservation of nature and
- water transport management of natural resources, especially when these are
- cultural significance shared (art. 18 and 19). Parties recognize their international
- carbon sink responsibility in regards of transfrontier environmental
effects and undertake to avoid and reduce adverse
Principal Threats to Wetland Functions: environmental effects of activities under their jurisdiction
- agriculture (art. 20).
- logging
- mining Institutional mechanisms: Meetings of the Contracting
- urban expansion Parties, provided in article 21, are to be held in as far as
- infrastructure development possible in conjunction with appropriate meetings of the
Association of Southeast Asian Nations (ASEAN). A
Primarily on Birds ecological dependence on wetlands


Secretariat is to be designated by the Contracting Parties on The Nagoya Protocol on Access to Genetic Resources and
the coming into force of the Agreement (art. 22). the Fair and Equitable Sharing of Benefits Arising from their
Utilization to the Convention on Biological Diversity is a
4. Forerunner on the International Convention on supplementary agreement to the Convention on Biological
Biological Diversity CBD 1992 Diversity. It provides a transparent legal framework for the
effective implementation of one of the three objectives of
The Convention on Biological Diversity (CBD) entered into the CBD: the fair and equitable sharing of benefits arising
force on 29 December 1993. It has 3 main objectives: out of the utilization of genetic resources. The Protocol was
1. The conservation of biological diversity adopted on 29 October 2010 in Nagoya, Aichi Province,
2. The sustainable use of the components of biological Japan, and entered into force on 12 October 2014. Its
diversity objective is the fair and equitable sharing of benefits arising
3. The fair and equitable sharing of the benefits arising out from the utilization of genetic resources, thereby
of the utilization of genetic resources contributing to the conservation and sustainable use of
biodiversity.
The convention recognized for the first time in international
law that the conservation of biological diversity is "a 5. Access and Benefit Sharing with Pharmaceutical
common concern of humankind" and is an integral part of Companies
the development process. The agreement covers all
ecosystems, species, and genetic resources. It links Access and benefit-sharing refers to the way in which
traditional conservation efforts to the economic goal of genetic resources may be accessed, and how users and
using biological resources sustainably. It sets principles for providers reach agreement on the fair and equitable sharing
the fair and equitable sharing of the benefits arising from of the benefits that might result from their use.
the use of genetic resources, notably those destined for
commercial use. It also covers the rapidly expanding field of Article 15 of the Convention on Biological Diversity (CBD)
biotechnology through its Cartagena Protocol on Biosafety, sets out rules which govern access and benefit-sharing.
addressing technology development and transfer, benefit- Under these rules, the governments of countries have two
sharing and biosafety issues. Importantly, the Convention is key responsibilities:
legally binding; countries that join it ('Parties') are obliged 1. To put in place systems that facilitate access to genetic
to implement its provisions. resources for environmentally sound purposes
2. To ensure that the benefits resulting from their use are
The convention reminds decision-makers that natural shared fairly and equitably between users and providers
resources are not infinite and sets out a philosophy of
sustainable use. While past conservation efforts were aimed Users of genetic resources include research institutes or
at protecting particular species and habitats, the Convention companies seeking access for basic scientific research or
recognizes that ecosystems, species and genes must be used product development. To gain access, users must first get
for the benefit of humans. However, this should be done in a permission (known as prior informed consent or PIC) from
way and at a rate that does not lead to the long-term decline the provider country. In addition, the provider and the user
of biological diversity. must negotiate an agreement (known as mutually agreed
terms or MAT) to share the resulting benefits equitably.
The convention also offers decision-makers guidance based
on the precautionary principle that where there is a threat Why is it important?
of significant reduction or loss of biological diversity, lack of Providers of genetic resources are governments or civil
full scientific certainty should not be used as a reason for society bodies, which can include private land owners and
postponing measures to avoid or minimize such a threat. communities within a country, who are entitled to provide
The Convention acknowledges that substantial investments access to genetic resources and share the benefits resulting
are required to conserve biological diversity. It argues, from their use. The access and benefit-sharing provisions of
however, that conservation will bring us significant the Convention on Biological Diversity (CBD) are designed
environmental, economic and social benefits in return. to ensure that the physical access to genetic resources is
facilitated and that the benefits obtained from their use are
The Convention on Biological Diversity of 2010 would ban shared equitably with the providers. In some cases this also
some forms of geoengineering. includes valuable traditional knowledge associated with
genetic resources that comes from ILCs.
The Cartagena Protocol on Biosafety of the Convention, also The benefits to be shared can be monetary, such as sharing
known as the Biosafety Protocol, was adopted in January royalties when the resources are used to create a
2000. The Biosafety Protocol seeks to protect biological commercial product, or non-monetary, such as the
diversity from the potential risks posed by living modified development of research skills and knowledge. It is vital
organisms resulting from modern biotechnology. that both users and providers understand and respect
institutional frameworks such as those outlined by the CBD
and in the Bonn Guidelines. These help governments to


establish their own national frameworks which ensure that B. Multilateral Environmental Agreements:
access and benefit-sharing happens in a fair and equitable 1. Convention on the Conservation of Migratory Species
way. of Wild Animals (also known as CMS or the Bonn
How does it work? Convention)
Access and benefit-sharing is based on prior informed 2. Convention concerning the Protection of World
consent (PIC) being granted by a provider to a user and Cultural and Natural Heritage (World Heritage
negotiations between both parties to develop mutually Convention)
agreed terms (MAT) to ensure the fair and equitable sharing 3. CITES (the Convention on International Trade in
of genetic resources and associated benefits. Endangered Species of Wild Fauna and Flora, also
known as the Washington Convention)
Who is involved in access and benefit-sharing? *** Notes: CITES Appendices; Damaged Wetlands
Providers of genetic resources: States have sovereign rights Montreaux List/San Jose List
over natural resources under their jurisdiction. They are *** PRINCIPLE OF PRIOR INFORMED CONSENT
obligated to put in place conditions that facilitate access to - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
these resources for environmentally sound uses.
Providers agree terms, which include PIC and MAT, for A. Manila Times Article [Feb 2] - Save the Mudflats
granting access and sharing benefits equitably. Laws within Rain and snowmelt flow down towards the sea from the
the provider country may entitle others, such as ILCs, to also mountain height, watering forests and marshes and filling
negotiate terms of access and benefit-sharing. The lakes and ponds along the way. Living things grow along the
participation of ILCs is necessary in instances where waters stream which supports our daily lives as well.
traditional knowledge associated with genetic resources is Tatsuichi Tujii
being accessed.
Its World Wetlands Day today (February 2).
Users of genetic resources: Users are responsible for
sharing the benefits derived from genetic resources with the WETLANDS (lupaing tubig) are where water meets life.
providers. They seek access to genetic resources for a wide The Ramsar Convention for the Conservation of Wetlands
range of purposes, from basic research to the development (1971), about which the Philippines is a Party, identifies 42
of new products. They are a diverse group, including wetlands type. Among these are mangrove areas, seagrass
botanical gardens, industry researchers such as beds, rivers, freshwater lakes, marshlands, rice paddies,
pharmaceutical, agriculture and cosmetic industries, coral reefs, peatlands and mudflats. The least known are
collectors and research institutes. peatlands and mudflats.
For purposes of climate change adaptation governance,
National Focal Points: To facilitate access, users need a clear peatlands as known in soil science are rich in plant species
and transparent process that details who to contact and sustained only by nutrient-poor rainfall but enriched by
what the requirements and processes are in provider trophic salts from rivers. Aside from providing important
countries in order to gain access. National Focal Points are habitats for species, they also capture carbon and store it
responsible for providing this information. away from the atmosphere.
Mudflats, on the other hand, are low-lying coastal lands
Competent National Authorities (CNAs): CNAs are bodies overflowed during flood tide when water is affected by the
established by governments and are responsible for ebb and flow of the tide. When exposed and submerged
granting access to users of their genetic resources, and repeatedly, rich and nutritious sediments from the sea are
representing providers on a local or national level. National deposited there to build up a rich community of micro
implementation measures establish how CNAs work in a organisms and benthos. The water purification function of
given country. these organisms is a great attraction to peoples attention
these days.
Key agreements
Prior informed consent (PIC): Permission given from the Mudflats soft bottom also make up blue carbon habitats
CNAs of a provider country to a user prior to accessing that absorb and store up to 70% carbon and greenhouse
genetic resources, in line with an appropriate legal and gasses. Blue carbon plays a big role in mitigating the effects
institutional framework. of climate change. And yet, conservation of mudflats is
Mutually agreed terms (MAT): An agreement reached ignored.
between the providers of genetic resources and users on the Mudflats are indispensable habitat for shorebirds and
conditions of access and use of the resources, and the hundreds of migratory birds depend on them for their
benefits to be shared between both parties. existence. In fact, their mass movement is one of the worlds
greatest phenomena, connecting locations as diverse as the
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Arctic tundra to the mudflats and deltas of the tropics. This
Assignment for March 7 coastal ecosystem also protects large human communities
A. Manila Times Article [Feb 2] - Save the Mudflats and provide ecosystem services to millions of people
around the world, e.g. nurturing fisheries and providing


livelihoods to communities through shellfisheries, either expose or cover them, seriously limiting the
supporting migratory waterbirds for scientific and aesthetic application of available remote sensing methods and
purposes, water infiltration and regulation, ameliorating technologies.
flood and drought events, etc.
In Asia, the most popular and cheapest method of land
The problem for mudflats as a type of wetlands is the acquisition for coastal development affecting mudflats is
shifting character of coastal zones. The last 50 years or so reclamation or landfill. The process involves construction of
have seen the global human population migrating rapidly to seawalls and infilling for land use. These areas are then
coastal areas. As a consequence, coastlines extending to developed into new parcels of land for aquaculture, housing
mudflats have become a focus of expansion of the urban, projects, industries, shopping malls as well as tourist
agricultural and industrial sectors including, of late, as resorts like casinos, sports and entertainment centers.
location for coastal wind farms to meet peoples energy
needs. In fact, they have become the targets of many The over-reliance on the ecosystem services approach
development projects and thousands of hectares of mudflats putting monetary value to mudflats services, i.e., housing
have disappeared. projects and tourist industries, gives rise to the implication
that alternative development services can be created
What remains are continuously under the threat of through the modification of the water ecosystem to provide
development. The diminution of mudflats is having a major a greater economic return.
impact on coastal ecosystems which results also in the To be more specific, reclamation of mudflats becomes
widespread loss and degradation of related ecosystems justified on much higher economic returns from, as
such as mangroves, seagrasses and coral reefs. And worst, it mentioned, housing or tourism development. The fact that
has major consequences for humans and nature in the economic returns largely accrue to a group of wealthy
particular the loss of insect, fish and plant species. businessmen rather than impoverished shellfish collectors
Mudflats abound in many countries of Asia like South Korea, is seldom mentioned. And the developers and their agents
North Korea and China. In those countries, mudflats even say that the shellfish collectors would be better off if
measure up to 20 kilometers wide in some places. While they switched to jobs in the newly created tourism sector.
studies show that Japan lost some 6,000 hectares of
mudflats in the last 50 years, the existing ones are valuable The urgent need, therefore, is for an effective conservation
examples of flats that have been preserved. Among these strategy that will guide the complex economic and social
are the Ramsar sites of Yatsu-higata, Manko, Yonaha-wan trade-offs that drive coastal development. This could ease
and Nagura Amparu. pressure on a functioning network of coastal protected
areas including mudflats and ensure continued delivery of
In the Philippines, a group of citizens led by Senator Cynthia other equally important ecosystem services, i.e. biodiversity
Villar filed a petition for a writ of kalikasan as a remedy to conservation.
stop a reclamation project beside the Las Pinas-Paranaque
Critical Habitat and Ecotourism Area in Manila Bay declared In the words of Secretary-General Braulio Dias of the UN
so under Executive Order No. 01412 (2007) banning Biodiversity Conservation Secretariat, to save biodiversity,
activities that would impede its ecologically vital role as a all you have to do is save a few mudflats.
bird sanctuary. The area is around 30 hectares planted with
8 species of mangrove and 113 hectares of mudflats. These
mangroves and mudflats serve as roosting and feeding B. Multilateral Environmental Agreements [MEAs]:
grounds for 27 species of threatened and rare waterbirds. 1. Convention on the Conservation of Migratory Species
of Wild Animals (also known as CMS or the Bonn
The first designated Ramsar site in the country called Convention)
Olango Island Wildlife Sanctuary in Mactan, Cebu is the

habitat of various species of fish, shells, crabs, sea urchin,
The purpose of the Bonn Convention is to develop
etc. and is visited by 10,000 species of migratory birds every
international cooperation with a view to the conservation of
year coming from other parts of Asia like Siberia, China and
migratory species of wild animals.
Japan during the cold months of August to November.

Mention should also be made of the Liguasan Marsh
ACT- Council Decision 82/461/EEC of 24 June 1982 on the
comprising 288,000 hectares of marshes, swamps and
conclusion of the Convention on the conservation of
mudflats in the provinces of Maguindanao, Cotabato and
migratory species of wild animals (Bonn Convention).
Sultan Kudarat in Central Mindanao which is home to

endemic waterbirds found only in the place.
SUMMARY - The objective of the Bonn Convention is the

conservation of migratory species worldwide. Wild animals
Actually, there is no definitive way to know how much of
require special attention because of their importance from
mudflats ecosystem has been destroyed or how much and
the environmental, ecological, genetic, scientific,
where it remains. Lack of accurate maps is due to the
recreational, cultural, educational, social and economic
rapidly changing conditions they encounter changing tides
points of view.



The Convention defines the following terms: Each agreement must contain the following information:
"migratory species" means the entire population or any the name of the migratory species concerned;
geographically separate part of the population of any its range and migration route;
species or lower taxon of wild animals a significant measures for implementing the agreement;
proportion of whose members cyclically and predictably procedures for the settlement of disputes;
cross one or more national jurisdictional boundaries; designation of the authority concerned with the
"conservation status of a migratory species" means the implementation of the Agreement.
sum of the influences acting on the migratory species
that may affect its long-term distribution and Agreements may also provide for:
abundance; research into the species;
"endangered" means that the migratory species is in the exchange of information on the migratory species;
danger of extinction throughout all or part of the the restoration or maintenance of a network of suitable
territory of a State. habitats for the conservation of the species;
periodic review of the conservation status of the species;
The parties to the Convention acknowledge the importance emergency procedures whereby conservation action
of conserving migratory species, and the need to pay special would be rapidly strengthened.
attention to species the conservation status of which is
unfavorable. The Conference of the Parties is the decision-making organ
of the Convention. It reviews the implementation of the
To avoid any migratory species becoming endangered, the Convention and can adopt recommendations.
parties must endeavour: The Convention, and Appendices I and II thereto, can be
to promote, cooperate in or support research relating to amended.
migratory species; Any dispute between parties to the Convention must be
to provide immediate protection for migratory species settled by negotiation between the parties involved. If the
included in Appendix I; and dispute cannot be resolved by negotiation, it may be
to conclude Agreements covering the conservation and submitted to arbitration, in particular that of the Permanent
management of migratory species listed in Appendix II. Court of Arbitration at The Hague, whose decision will be
binding on the parties.
To protect endangered migratory species, the parties to the The Bonn Convention was signed in 1979 and entered into
Convention will endeavor: force on 1 November 1983.
to conserve or restore the habitats of endangered
species;
2. Convention concerning the Protection of World
to prevent, remove, compensate for or minimise the
Cultural and Natural Heritage (World Heritage
adverse effects of activities or obstacles that impede the
Convention)
migration of the species; and
to the extent feasible and appropriate, to prevent, The Convention concerning the Protection of the World
reduce or control factors that are endangering or are Cultural and Natural Heritage entered into force on 17
likely to further endanger the species. December 1975, three months after the date of the deposit
of the twentieth instrument of ratification, acceptance or
Range States of migratory species ("range" means areas of accession, pursuant to its article 33.
land or water that a migratory species inhabits, crosses or Efforts aimed at the preservation of artistic and historic
overflies on its migration route) must prohibit the taking of heritage of mankind date back to the time of the League of
animals belonging to species listed in Appendix I, subject to Nations. The establishment of the United Nations
certain exceptions (taking for scientific purposes, or to Educational, Scientific and Cultural Organization (UNESCO),
enhance the propagation or survival of the species). Such on 16 November 1945, gave new impetus to such efforts. In
exceptions must be precise as to content and limited in 1966, UNESCOs General Conference adopted resolution
space and time, and should not operate to the disadvantage 3.342, by which it instructed the Director-General to
of the species. coordinate and secure the international adoption of
appropriate principles and scientific, technical and legal
The conservation and management of the species listed in criteria for the protection of cultural property, monuments
Appendix II may require international agreements. and sites. Meetings of experts were held and their final
Guidelines for agreements: reports suggested that the Director-General should prepare
restore or maintain the migratory species concerned; an international recommendation, which could serve as a
cover the whole of the range of the migratory species basis for creating or perfecting national systems of
concerned; protection, and prepare an international convention or
be open to accession by all Range States, whether or not other appropriate means to favour the establishment of an
they are parties to the Convention; international system for the protection of monuments,
where feasible, concern several species. groups of buildings and sites of universal value. In 1970, the


General Conference, by resolution 3.412, entrusted the state of conservation of their World Heritage properties.
Acting Director-General with drafting an international These reports are crucial to the work of the Committee as
convention and invited him to convene a Special Committee they enable it to assess the conditions of the sites, decide on
tasked with examining and finalizing the drafts. The specific programme needs and resolve recurrent problems.
Committee completed its work with the adoption of the It also encourages States Parties to strengthen the
draft Convention for the Protection of the Cultural and appreciation of the public for World Heritage properties and
Natural World Heritage and the draft Recommendation to enhance their protection through educational and
Concerning the Protection, at National Level, of the Cultural information programmes.
and Natural Heritage in April 1972. The two texts were
submitted to the seventeenth session of the General Brief History -The idea of creating an international
Conference on 15 November 1972 and adopted the movement for protecting heritage emerged after World War
following day. I. The 1972 Convention concerning the Protection of the
World Cultural and Natural Heritage developed from the
The Convention contains 38 articles which are divided into merging of two separate movements: the first focusing on
eight parts: I. Definition of the Cultural and Natural the preservation of cultural sites, and the other dealing with
Heritage; II. National Protection and International the conservation of nature.
Protection of the Cultural and Natural Heritage; III.
Intergovernmental Committee for the Protection of the Preserving cultural heritage - The event that aroused
World Cultural and Natural Heritage; IV. Fund for the particular international concern was the decision to build
Protection of the World Cultural and Natural Heritage; V. the Aswan High Dam in Egypt, which would have flooded
Conditions and Arrangements for International Assistance; the valley containing the Abu Simbel temples , a treasure of
VI. Educational Programmes; VII. Reports; and VIII. Final ancient Egyptian civilization. In 1959, after an appeal from
Clauses. the governments of Egypt and Sudan, UNESCO launched an
international safeguarding campaign. Archaeological
research in the areas to be flooded was accelerated. Above
The World Heritage Convention - The most significant all, the Abu Simbel and Philae temples were dismantled,
feature of the 1972 World Heritage Convention is that it moved to dry ground and reassembled.
links together in a single document the concepts of nature The campaign cost about US$80 million, half of which was
conservation and the preservation of cultural properties. donated by some 50 countries, showing the importance of
The Convention recognizes the way in which people interact solidarity and nations' shared responsibility in conserving
with nature, and the fundamental need to preserve the outstanding cultural sites. Its success led to other
balance between the two. safeguarding campaigns, such as saving Venice and its
Strategic Objectives: the "Five Cs" Lagoon (Italy) and the Archaeological Ruins at Moenjodaro
(Pakistan) , and restoring the Borobodur Temple
Credibility
Compounds (Indonesia).
Conservation
Capacity-building Consequently, UNESCO initiated, with the help of the
Communication International Council on Monuments and Sites (ICOMOS),
Communities the preparation of a draft convention on the protection of
cultural heritage.
What the Convention contains - The Convention defines Linking the protection of cultural and natural heritage
the kind of natural or cultural sites which can be considered
The idea of combining conservation of cultural sites with
for inscription on the World Heritage List.
those of nature comes from the United States of America. A
The Convention sets out the duties of States Parties in White House Conference in Washington, D.C., in 1965 called
identifying potential sites and their role in protecting and for a World Heritage Trust that would stimulate
preserving them. By signing the Convention, each country international cooperation to protect the world's superb
pledges to conserve not only the World Heritage sites natural and scenic areas and historic sites for the present
situated on its territory, but also to protect its national and the future of the entire world citizenry. In 1968, the
heritage. The States Parties are encouraged to integrate the International Union for Conservation of Nature (IUCN)
protection of the cultural and natural heritage into regional developed similar proposals for its members. These
planning programmes, set up staff and services at their proposals were presented to the 1972 United Nations
sites, undertake scientific and technical conservation conference on Human Environment in Stockholm.
research and adopt measures which give this heritage a
Eventually, a single text was agreed upon by all parties
function in the day-to-day life of the community.
concerned. The Convention concerning the Protection of
It explains how the World Heritage Fund is to be used and World Cultural and Natural Heritage was adopted by the
managed and under what conditions international financial General Conference of UNESCO on 16 November 1972.
assistance may be provided.
The same General Conference adopted on 16 November
The Convention stipulates the obligation of States Parties to 1972 the Recommendation concerning the Protection, at
report regularly to the World Heritage Committee on the National Level, of the Cultural and Natural Heritage.


By regarding heritage as both cultural and natural, the ensure that international trade in specimens of wild animals
Convention reminds us of the ways in which people interact and plants does not threaten their survival.
with nature, and of the fundamental need to preserve the
balance between the two. Widespread information nowadays about the endangered
Benefits of Ratification status of many prominent species, such as the tiger and
elephants, might make the need for such a convention seem
The overarching benefit of ratifying the World Heritage obvious. But at the time when the ideas for CITES were first
Convention is that of belonging to an international formed, in the 1960s, international discussion of the
community of appreciation and concern for universally regulation of wildlife trade for conservation purposes was
significant properties that embody a world of outstanding something relatively new. With hindsight, the need for
examples of cultural diversity and natural wealth. CITES is clear. Annually, international wildlife trade is
The States Parties to the Convention , by joining hands to estimated to be worth billions of dollars and to include
protect and cherish the world's natural and cultural hundreds of millions of plant and animal specimens. The
heritage, express a shared commitment to preserving our trade is diverse, ranging from live animals and plants to a
legacy for future generations. vast array of wildlife products derived from them, including
food products, exotic leather goods, wooden musical
The prestige that comes from being a State Party to the
instruments, timber, tourist curios and medicines. Levels of
Convention and having sites inscribed on the World
exploitation of some animal and plant species are high and
Heritage List often serves as a catalyst to raising awareness
the trade in them, together with other factors, such as
for heritage preservation.
habitat loss, is capable of heavily depleting their
A key benefit of ratification, particularly for developing populations and even bringing some species close to
countries, is access to the World Heritage Fund . Annually, extinction. Many wildlife species in trade are not
about US$4 million is made available to assist States Parties endangered, but the existence of an agreement to ensure the
in identifying, preserving and promoting World Heritage sustainability of the trade is important in order to safeguard
sites. Emergency assistance may also be made available for these resources for the future.
urgent action to repair damage caused by human-made or
natural disasters. In the case of sites included on the List of Because the trade in wild animals and plants crosses
World Heritage in Danger , the attention and the funds of borders between countries, the effort to regulate it requires
both the national and the international community are international cooperation to safeguard certain species from
focused on the conservation needs of these particularly over-exploitation. CITES was conceived in the spirit of such
threatened sites. cooperation. Today, it accords varying degrees of protection
Today, the World Heritage concept is so well understood to more than 35,000 species of animals and plants, whether
that sites on the List are a magnet for international they are traded as live specimens, fur coats or dried herbs.
cooperation and may thus receive financial assistance for
heritage conservation projects from a variety of sources. CITES was drafted as a result of a resolution adopted in
1963 at a meeting of members of IUCN (The World
Sites inscribed on the World Heritage List also benefit from Conservation Union). The text of the Convention was finally
the elaboration and implementation of a comprehensive agreed at a meeting of representatives of 80 countries in
management plan that sets out adequate preservation Washington, D.C., the United States of America, on 3 March
measures and monitoring mechanisms. In support of these, 1973, and on 1 July 1975 CITES entered in force. The
experts offer technical training to the local site management original of the Convention was deposited with the
team. Depositary Government in the Chinese,
Finally, the inscription of a site on the World Heritage List English, French, Russian and Spanish languages, each
brings an increase in public awareness of the site and of its version being equally authentic.
outstanding values, thus also increasing the tourist activities
at the site. When these are well planned for and organized CITES is an international agreement to which States
respecting sustainable tourism principles, they can bring (countries) adhere voluntarily. States that have agreed to be
important funds to the site and to the local economy. bound by the Convention ('joined' CITES) are known as
Parties. Although CITES is legally binding on the Parties in

other words they have to implement the Convention it
3. CITES (the Convention on International Trade in does not take the place of national laws. Rather it provides a
Endangered Species of Wild Fauna and Flora, also framework to be respected by each Party, which has to
known as the Washington Convention) adopt its own domestic legislation to ensure that CITES is
implemented at the national level.
What is CITES?
CITES (the Convention on International Trade in For many years CITES has been among the conservation
Endangered Species of Wild Fauna and Flora) is an agreements with the largest membership, with now 181
international agreement between governments. Its aim is to Parties.


How CITES works Articles 3 through 5 provide broad legal guidelines under
CITES works by subjecting international trade in specimens which CITES operates to regulate trade in specimens or
of selected species to certain controls. All import, export, re- parts/ derivatives there from, and defines the role of the
export and introduction from the sea of species covered by Scientific and Management Authorities that all Parties are
the Convention has to be authorized through a licensing required to have. In general terms, the Management
system. Each Party to the Convention must designate one or Authority of each respective party is responsible for issuing
more Management Authorities in charge of administering import and export permits for listed species in each Party,
that licensing system and one or more Scientific Authorities and the Scientific Authority has the responsibility for
to advise them on the effects of trade on the status of the properly identifying specimens to assure compliance. In
species. most Parties, the Management Authority is the national-
level wildlife agency and the Scientific Authority may
The species covered by CITES are listed in three include government-funded research institutions such as a
Appendices, according to the degree of protection they national Natural History Museum. Articles 6 and 7 describe
need. in more detail the permit system, the role of both import
and export permits, and exemptions under CITES for, for
The Fundamental Principles of CITES are described in example, specimens propagated in captivity.
Article 2: arguably the most important part of the
Convention. This defines the criteria for listing under the Articles 8 through 10 obligate Parties to take enforcement
three appendices. Appendix I is reserved for those species measures, including confiscation of and penalties for listed
that are threatened with extinction that are now, or may specimens illegally obtained, and it elaborates on the legal
become, further endangered by international trade. As such, roles of the Scientific and Management Authorities. Article
trade in those species is prohibited for all Parties, although 10 seeks to ensure that trade with non-Parties to CITES
there are some exceptions. These include, for example, does not undermine its objectives by requiring comparable
specimens that are raised in captivity or parts that were documentation from non-parties in any transaction
derived from specimens before the treaty came into force. involving wildlife trade between Parties to non-Parties.
Species listed on Appendix II fall into two categories. This
includes those that are not necessarily threatened with The CITES Secretariat is obliged under Article 11 to convene
extinction by trade, but may become so unless conservation a Conference of Parties (COPs) at least biennially, and its
measures are taken, and those that may look like other role is further elaborated in Article 12 to arrange
species affected by trade and listed on an Appendix. The conferences, undertake research, and publish periodic
second category includes, for example, all crocodilians. In editions of the Appendices. The Secretariat also performs
this case, some species are common and can be the role of preparing annual research reports and
commercially traded under the CITES permit system (such implementing recommendations made at the COPs. The
as American alligators and common caiman from many Secretariat is further responsible to inform Parties when
Latin American countries), while other are rare and are they are not in compliance with CITES and instruct Parties
listed under Appendix I (Orinoco crocodile). This is meant to respond to such information. Inquiries are subject to
to assure that rare species are not traded under labels of review at the next COP and any Party has the power to make
more common species. Appendix II listings have increased recommendations regarding non-compliance of any other
greatly over the years; all wild cats and wild orchids, for Party. For example, the United States reprimanded Taiwan
example, not listed in Appendix I are now listed in Appendix in 1994 regarding trade in tiger parts for traditional Chinese
II. Appendix III includes species that are protected by medicine, and threatened trade sanctions. Taiwan
individual States within their respective jurisdictions. responded with further enforcement. Any Party is free to
Ghana, for example, protects all songbirds, and trade in any adopt domestic protective measures that are more strict
species, including those that are common, from that country that those required by CITES under Article 14, and Articles
is prohibited. 15 and 16 provide procedures for amending the
Appendices, while procedures for amending the Convention
The Provisions of CITES itself are set forth in Article 17 and procedures for dispute
CITES has 25 Articles and each is described briefly here. resolution are given in Article 18.
Article 1 provides broad legal and scientific definitions used
in subsequent articles. A species" under the Convention can The remaining 7 articles of CITES deal with its
refer to a biological species, subspecies or a administrative aspects. These include signature of the
separate population and a specimen can refer to any agreement (which closed in December of 1974), ratification
animal or plant, whether dead or alive, and/or any (Article 20), and accession to the Convention (Article 21).
recognizable part or derivative thereof, that is listed on any Provisions for entry into force of the treaty (which took
one of the three Appendices (see below). Definitions are place in 1975) are set forth in Article 22 and procedures for
also provided for what constitutes trade, export, re-export, making specific reservations are provided for in Article 23.
and the scientific and management authorities that the Article 24 permits Parties to denounce CITES and Article 25
Parties are required to designate under the treaty. outlines the duties of the Depositary Government
(Switzerland). The CITES Secretariat is within the United


Nations Environmental Programme (UNEP) and is located medium-term work programme; designation of the
in Geneva. Permanent Secretariat; establishment of the Clearing House
Mechanism (CHM) and the SBSTTA; and designation of the
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Global Environment Facility (GEF) as the interim
Assignment for March 14: institutional structure for the financial mechanism.
1. Convention on Biological Diversity (CBD), known
informally as the Biodiversity Convention The second session of the COP met in Jakarta, Indonesia
2. Basel Convention on the Control of Transboundary from 6-17 November 1995. Decisions taken by COP-2
Movements of Hazardous Wastes and Their Disposal, included: designation of the permanent location of the
usually known as the Basel Convention Secretariat in Montral, Canada; agreement to develop a
3. United Nations Convention on the Law of the Sea protocol on biosafety; operation of the CHM; designation of
(UNCLOS), also called the Law of the Sea Convention or the GEF as the continuing interim institutional structure for
the Law of the Sea treaty the financial mechanism; consideration of its first
- PART XII:PROTECTION AND PRESERVATION OF THE substantive issue, marine and coastal biodiversity; and
MARINE ENVIRONMENT agreement to address forests and biodiversity, including the
- ANNEX VI. STATUTE OF THE INTERNATIONAL development of a statement from the CBD to the
TRIBUNAL FOR THE LAW OF THE SEA Intergovernmental Panel on Forests (IPF) of the
- ANNEX VII. ARBITRATION Commission on Sustainable Development. COP-2 also
*** FOR FINALS: What is a protocol? What is the role of addressed the issue of Plant Genetic Resources for Food and
Arbitration in peaceful way of settling disputes; What is EEZ?; Agriculture (PGRFA), adopting a statement for input to the
Principle of common heritage of mankind FAOs Fourth International Technical Conference on PGRFA
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (ITCPGR-4).

1. Convention on Biological Diversity (CBD), known COP-3 met in Buenos Aires, Argentina, from 4-15 November
informally as the Biodiversity Convention 1996. Delegates' decisions included: a work programme on
Summary: The Convention on Biological Diversity was agricultural biodiversity and a more limited one on forest
negotiated under the auspices of the United Nations biodiversity; agreement to hold an intersessional workshop
Environment Programme (UNEP). It was opened for on traditional knowledge (Article 8(j)); application by the
signature at the June 1992 UN Conference on Environment Executive Secretary for observer status to the World Trade
and Development (UNCED) and entered into force on 29 Organization (WTO) Committee on Trade and the
December 1993, ninety days after the 30th ratification. As Environment; and a statement from the CBD to the Special
of October 1998, more than 170 countries had become Session of the UN General Assembly (UNGASS) to review
Parties (pdf file). The three goals of the CBD are to promote implementation of Agenda 21.
the conservation of biodiversity, the sustainable use of its
components, and the fair and equitable sharing of benefits COP-4 took place from 4-15 May 1998 in Bratislava,
arising out of the utilization of genetic resources. The CBD Slovakia. Delegates addressed, inter alia: inland water,
Secretariat is located in Montral, Canada. The Subsidiary marine and coastal, agricultural and forest biodiversity; the
Body on Scientific, Technical and Technological Advice clearing-house mechanism; biosafety; implementation of
(SBSTTA), which advises the Conference of the Parties Article 8(j) (traditional and indigenous knowledge); access
(COP), meets several months prior to each COP. and benefit sharing; a review of the operations of the
Negotiations on the first protocol to the Convention, Convention; and national reports. Delegates also conducted
conducted by the Ad Hoc Working Group on Biosafety a review of the financial mechanism.
(BSWG), concluded in January 2000.
COP-5 is scheduled to take place from 15-26 May 2000 in
The Earth Negotiations Bulletin has covered each COP, Nairobi, Kenya.
SBSTTA and BSWG session plus two sessions prior to the
CBD's entry into force and an intersessional workshop. The Subsidiary Body on Scientific, Technical and
ENB coverage of biodiversity issues also includes several Technological Advice (SBSTTA):
sessions of the Commission on Plant Genetic Resources for Article 25 of the CBD establishes a Subsidiary Body on
Food and Agriculture, which meets under FAO auspices (see Scientific, Technical and Technological Advice to provide
the ENB CBD Archives for all biodiversity coverage; see also the COP with "timely advice" relating to implementation of
the Linkages Homepage on Genetic Resources). The the Convention.
following discussion focuses on decisions taken by the CBD
COP, SBSTTA and the BSWG. The first session of the SBSTTA took place from 4-8
September 1995 in Paris, France. Recommendations on the
The CBD Conference of the Parties (COP): modus operandi of the SBSTTA affirmed its subsidiary role
The first meeting of the COP took place in Nassau, the to the COP and requested flexibility to create: two open-
Bahamas from 28 November - 9 December 1994. Key ended working groups to meet simultaneously during
decisions taken by COP-1 included: adoption of the future SBSTTA meetings; Ad Hoc Technical Panels of


Experts as needed; and a roster of experts. On the SBSTTA-5 delegates met in two Working Groups. Working
conservation and sustainable use of coastal and marine Group 1 considered: alien species; marine and coastal
biological diversity, SBSTTA-1 identified three priorities: biological diversity, including coral bleaching; the
sustainable use of living coastal and marine resources; programme of work for drylands, Mediterranean, arid,
mariculture; and control of alien organisms. semi-arid, grassland and savannah biological diversity; and
agricultural biological diversity. Working Group 2 discussed
The second session of SBSTTA took place from 2-6 the ecosystem approach, development of biodiversity
September 1996 in Montral, Canada. The agenda included indicators, and sustainable use of the components of
issues such as the monitoring and assessment of biological diversity. The Plenary reviewed cooperation with
biodiversity, practical approaches to taxonomy, economic other bodies, the Global Taxonomy Initiative, the pilot phase
valuation of biodiversity, access to genetic resources, of the Clearing-House Mechanism, guidelines for the second
agricultural biodiversity, terrestrial biodiversity, marine national reports, work programmes on inland waters and
and coastal biodiversity, biosafety and the CHM. forest biological diversity, and rosters and terms of
reference for ad hoc technical expert groups. The
The third session of SBSTTA met in Montral, Canada, from recommendations from SBSTTA-5 will be forwarded to the
1-5 September 1997. Delegates produced fifth Conference of the Parties (COP-5) to be held in Nairobi,
recommendations on biodiversity in inland water Kenya, from 15-26 May 2000.
ecosystems, marine and coastal biodiversity, agricultural
biodiversity, forest biodiversity, and biodiversity indicators. Biosafety Protocol:
Since the early 1970s, modern biotechnology has enabled
The fourth session of SBSTTA met in Montral, Canada, from scientists to genetically and biochemically modify plants,
21-25 June 1999. The first Intersessional meeting on the animals and micro-organisms to create living modified
Operations of the Convention (ISOC) convened in Montral organisms (LMOs). Many countries with biotechnology
from 28-30 June 1999. ENB coverage industries already have domestic legislation in place
intended to ensure the safe transfer, handling, use and
SBSTTA-4 delegates met in two working groups. The first disposal of LMOs and their products. These precautionary
considered developing a work programme on dryland practices are collectively known as "biosafety." However,
ecosystems, principles for the prevention of impacts of alien there are no binding international agreements addressing
species, and further advancement of the Global Taxonomy situations where LMOs cross national borders. Article 19 of
Initiative. Working Group II discussed: new plant the CBD provides for Parties to consider the need for and
technology for the control of plant gene expression; modalities of a protocol on biosafety.
sustainable use of biological resources, including tourism;
and incorporation of biological diversity considerations into At COP-2, delegates established an Open-ended Ad Hoc
environmental impact assessments. Delegates also Working Group on Biosafety (BSWG), which held its first
discussed the SBSTTA work programme, cooperation with meeting in Aarhus, Denmark, from 22-26 July 1996.
other bodies and progress on thematic areas. They Governments listed elements for a future protocol and
considered the terms of reference of ad hoc technical expert outlined the information required to guide their future
groups, but deferred making a decision to SBSTTA-5. work.

ISOC was convened based on COP-4 Decision IV/16, which Four subsequent BSWG meetings, all held in Montral,
called for an open-ended meeting to consider possible Canada, continued to identify and narrow the elements to
arrangements to improve preparations for and conduct of be included in the protocol. Discussion ranged from: the
the meetings of the Conference of the Parties (COP). ISOC protocol's scope, including which LMOs and "products
also held preparatory discussions on the COP-5 agenda item thereof" would be covered; which LMOs would be subject to
on access to genetic resources and benefit sharing, focusing Advanced Informed Agreement and what that procedure
on the upcoming Experts Panel on Access and Benefit would entail; whether there would be a clearing-house; who
Sharing, which will meet in October 1999 in Costa Rica, ex would conduct risk assessments and/or how risks would be
situ collections that were acquired prior to the Convention's managed; whether action would be based on the
entry into force and the relationship between intellectual precautionary principle, scientific knowledge and/or some
property rights and the relevant provisions of the other criteria; and whether there would be liability and
Agreement on Trade-Related Aspects of Intellectual compensation/redress provisions. Additional issues on the
Property Rights and the CBD. table addressed capacity building, unintentional
transboundary movement, handling, transportation,
The fifth session of SBSTTA met in Montral, Canada from packaging and transit requirements, and monitoring and
31 January - 4 February, 2000. Over 430 participants, compliance. Most of the text remained bracketed going into
representing 130 governments, NGOs, the scientific the final week of negotiations in Cartegena, Colombia.
community and indigenous peoples' organizations, attended
the meeting. The sixth session of the Open-ended Ad Hoc Working Group
on Biosafety (BSWG-6) was held from Sunday, 14 February,


to Monday morning, 22 February 1999, in Cartagena de The Cartagena Protocol addresses the safe transfer,
Indias, Colombia. The first Extraordinary Meeting of the handling and use of living modified organisms (LMOs) that
Conference of the Parties (ExCOP) to the CBD was held from may have an adverse effect on biodiversity with a specific
22-23 February 1999. Over 600 participants representing focus on transboundary movements. The Protocol
138 governments, business and environmental NGOs and establishes an advance informed agreement (AIA)
the scientific community, attempted to finalize a protocol on procedure for imports of LMOs, incorporates the
biosafety during the BSWG for adoption by the ExCOP. precautionary principle and details information and
Despite ten days of non-stop debate, including weekend, documentation requirements. The Protocol also contains
late night and early morning sessions, delegates were not provisions regarding documentation, confidential
able to agree on a protocol. The main areas of contention information and information-sharing, capacity-building, and
centered on trade issues, treatment of commodities and financial resources, with special attention to the situation of
domestic vs. international regulatory regimes. Instead the developing countries and those without domestic
ExCOP adopted a decision to suspend the meeting and regulatory systems.
request the ExCOP President and the COP-4 Bureau to
decide when and where the session would resume, no later 2. Basel Convention on the Control of Transboundary
than the fifth meeting of the Conference of the Parties. Movements of Hazardous Wastes and Their Disposal,
Delegates also decided that the Protocol will be called the usually known as the Basel Convention
Cartagena Protocol on Biosafety to the Convention on
Biological Diversity. The text of the draft Protocol, set out in Overview: The Basel Convention on the Control of
Appendix I to the Report of BSWG-6, as well as the Transboundary Movements of Hazardous Wastes and their
statements by governments with respect to the text of the Disposal was adopted on 22 March 1989 by the Conference
draft Protocol contained in that report, will be transmitted of Plenipotentiaries in Basel, Switzerland, in response to a
to the resumed ExCOP session for further debate. public outcry following the discovery, in the 1980s, in Africa
and other parts of the developing world of deposits of toxic
The Informal Consultations regarding the Resumed Session wastes imported from abroad.
of the Extraordinary Meeting Of The Conference of the
Parties (ExCOP) for the Adoption of the Protocol on Awakening environmental awareness and corresponding
Biosafety to the Convention on Biological Diversity met in tightening of environmental regulations in the
Vienna, Austria, from Wednesday, 15 September to Sunday, industrialized world in the 1970s and 1980s had led to
19 September 1999. Approximately 300 representatives increasing public resistance to the disposal of hazardous
from over 115 governments and 70 representatives from wastes in accordance with what became known as the
intergovernmental, nongovernmental and industry NIMBY (Not In My Back Yard) syndrome and to an
organizations attended. The first two days of the meeting escalation of disposal costs. This in turn led some operators
were devoted to consultations within negotiating groups; to seek cheap disposal options for hazardous wastes in
the third day was for informal exchanges between groups; Eastern Europe and the developing world, where
and the final two days were devoted to resolving differences environmental awareness was much less developed and
between groups on pending core issues. During the final regulations and enforcement mechanisms were lacking. It
two days of discussions, negotiating groups addressed the was against this background that the Basel Convention was
issues of commodities, the protocols relationship with negotiated in the late 1980s, and its thrust at the time of its
other international agreements, the protocols scope and adoption was to combat the toxic trade, as it was termed.
application of the advance informed agreement procedure. The Convention entered into force in 1992.
Negotiating groups agreed on a basic set of concepts for
commodities and relations with other international Objective - The overarching objective of the Basel
agreements, while acknowledging that the central Convention is to protect human health and the environment
differences on those and other issues remain. (Note: ENB's against the adverse effects of hazardous wastes. Its scope of
briefing note covers only the final two days of application covers a wide range of wastes defined as
consultations.) hazardous wastes based on their origin and/or
composition and their characteristics, as well as two types
The Resumed Session of the Extraordinary Meeting of the of wastes defined as other wastes - household waste and
Conference of the Parties (ExCOP) for the Adoption of the incinerator ash.
Protocol on Biosafety to the Convention on Biological
Diversity was held from 24-28 January 2000, in Montral, Aims and provisions: The provisions of the Convention
Canada. Over 750 participants, representing 133 center around the following principal aims:
governments, NGOs, industry organizations and the
scientific community, attended the meeting. Following nine - the reduction of hazardous waste generation and the
days of negotiations, including late evening and early promotion of environmentally sound management of
morning sessions, delegates adopted the Cartagena Protocol hazardous wastes, wherever the place of disposal;
on Biosafety in the early morning hours of 29 January 2000.


- the restriction of transboundary movements of hazardous 3. United Nations Convention on the Law of the Sea
wastes except where it is perceived to be in accordance with (UNCLOS), also called the Law of the Sea Convention or
the principles of environmentally sound management; and the Law of the Sea treaty
- a regulatory system applying to cases where
transboundary movements are permissible. PART XII : PROTECTION AND PRESERVATION OF THE
MARINE ENVIRONMENT
The first aim is addressed through a number of general
provisions requiring States to observe the fundamental SECTION 1. GENERAL PROVISIONS
principles of environmentally sound waste management Article 192: General obligation - States have the obligation to
(article 4). A number of prohibitions are designed to attain protect and preserve the marine environment.
the second aim: hazardous wastes may not be exported to
Antarctica, to a State not party to the Basel Convention, or to Article 193: Sovereign right of States to exploit their natural
a party having banned the import of hazardous wastes resources - States have the sovereign right to exploit their
(article 4). Parties may, however, enter into bilateral or natural resources pursuant to their environmental policies
multilateral agreements on hazardous waste management and in accordance with their duty to protect and preserve
with other parties or with non-parties, provided that such the marine environment.
agreements are no less environmentally sound than the
Basel Convention (article 11). In all cases where Article 194: Measures to prevent, reduce and control pollution
transboundary movement is not, in principle, prohibited, it of the marine environment
may take place only if it represents an environmentally 1. States shall take, individually or jointly as appropriate, all
sound solution, if the principles of environmentally sound measures consistent with this Convention that are
management and non-discrimination are observed and if it necessary to prevent, reduce and control pollution of the
is carried out in accordance with the Conventions marine environment from any source, using for this purpose
regulatory system. the best practicable means at their disposal and in
accordance with their capabilities, and they shall endeavour
The regulatory system is the cornerstone of the Basel to harmonize their policies in this connection.
Convention as originally adopted. Based on the concept of 2. States shall take all measures necessary to ensure that
prior informed consent, it requires that, before an export activities under their jurisdiction or control are so
may take place, the authorities of the State of export notify conducted as not to cause damage by pollution to other
the authorities of the prospective States of import and States and their environment, and that pollution arising
transit, providing them with detailed information on the from incidents or activities under their jurisdiction or
intended movement. The movement may only proceed if control does not spread beyond the areas where they
and when all States concerned have given their written exercise sovereign rights in accordance with this
consent (articles 6 and 7). The Basel Convention also Convention.
provides for cooperation between parties, ranging from 3. The measures taken pursuant to this Part shall deal with
exchange of information on issues relevant to the all sources of pollution of the marine environment. These
implementation of the Convention to technical assistance, measures shall include, inter alia, those designed to
particularly to developing countries (articles 10 and 13). minimize to the fullest possible extent:
The Secretariat is required to facilitate and support this (a) the release of toxic, harmful or noxious substances,
cooperation, acting as a clearing-house (article 16). In the especially those which are persistent, from land-based
event of a transboundary movement of hazardous wastes sources, from or through the atmosphere or by
having been carried out illegally, i.e. in contravention of the dumping;
provisions of articles 6 and 7, or cannot be completed as (b) pollution from vessels, in particular measures for
foreseen, the Convention attributes responsibility to one or preventing accidents and dealing with emergencies,
more of the States involved, and imposes the duty to ensure ensuring the safety of operations at sea, preventing
safe disposal, either by re-import into the State of intentional and unintentional discharges, and regulating
generation or otherwise (articles 8 and 9). the design, construction, equipment, operation and
manning of vessels;
The Convention also provides for the establishment of (c) pollution from installations and devices used in
regional or sub-regional centres for training and technology exploration or exploitation of the natural resources of
transfers regarding the management of hazardous wastes the seabed and subsoil, in particular measures for
and other wastes and the minimization of their generation preventing accidents and dealing with emergencies,
to cater to the specific needs of different regions and ensuring the safety of operations at sea, and regulating
subregions (article 14). Fourteen such centres have been the design, construction, equipment, operation and
established. They carry out training and capacity building manning of such installations or devices;
activities in the regions. (d) pollution from other installations and devices
operating in the marine environment, in particular
measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea,


and regulating the design, construction, equipment,
operation and manning of such installations or devices. Article 3: Membership
4. In taking measures to prevent, reduce or control pollution 1. No two members of the Tribunal may be nationals of the
of the marine environment, States shall refrain from same State. A person who for the purposes of membership
unjustifiable interference with activities carried out by in the Tribunal could be regarded as a national of more than
other States in the exercise of their rights and in pursuance one State shall be deemed to be a national of the one in
of their duties in conformity with this Convention. which he ordinarily exercises civil and political rights.
5. The measures taken in accordance with this Part shall 2. There shall be no fewer than three members from each
include those necessary to protect and preserve rare or geographical group as established by the General Assembly
fragile ecosystems as well as the habitat of depleted, of the United Nations.
threatened or endangered species and other forms of
marine life. Article 4 : Nominations and elections
1. Each State Party may nominate not more than two
Article 195: Duty not to transfer damage or hazards or persons having the qualifications prescribed in article 2 of
transform one type of pollution into another this Annex. The members of the Tribunal shall be elected
In taking measures to prevent, reduce and control pollution from the list of persons thus nominated.
of the marine environment, States shall act so as not to 2. At least three months before the date of the election, the
transfer, directly or indirectly, damage or hazards from one Secretary-General of the United Nations in the case of the
area to another or transform one type of pollution into first election and the Registrar of the Tribunal in the case of
another. subsequent elections shall address a written invitation to
the States Parties to submit their nominations for members
Article 196: Use of technologies or introduction of alien or of the Tribunal within two months. He shall prepare a list in
new species alphabetical order of all the persons thus nominated, with
1. States shall take all measures necessary to prevent, an indication of the States Parties which have nominated
reduce and control pollution of the marine environment them, and shall submit it to the States Parties before the
resulting from the use of technologies under their seventh day of the last month before the date of each
jurisdiction or control, or the intentional or accidental election.
introduction of species, alien or new, to a particular part of 3. The first election shall be held within six months of the
the marine environment, which may cause significant and date of entry into force of this Convention.
harmful changes thereto. 4. The members of the Tribunal shall be elected by secret
2. This article does not affect the application of this ballot. Elections shall be held at a meeting of the States
Convention regarding the prevention, reduction and control Parties convened by the Secretary-General of the United
of pollution of the marine environment. Nations in the case of the first election and by a procedure
agreed to by the States Parties in the case of subsequent
ANNEX VI. STATUTE OF THE INTERNATIONAL elections. Two thirds of the States Parties shall constitute a
TRIBUNAL FOR THE LAW OF THE SEA quorum at that meeting. The persons elected to the Tribunal
shall be those nominees who obtain the largest number of
Article 1: General provisions votes and a two-thirds majority of the States Parties present
1. The International Tribunal for the Law of the Sea is and voting, provided that such majority includes a majority
constituted and shall function in accordance with the of the States Parties.
provisions of this Convention and this Statute.
2. The seat of the Tribunal shall be in the Free and Hanseatic Article 5: Term of office
City of Hamburg in the Federal Republic of Germany. 1. The members of the Tribunal shall be elected for nine
3. The Tribunal may sit and exercise its functions elsewhere years and may be re-elected; provided, however, that of the
whenever it considers this desirable. members elected at the first election, the terms of seven
4.A reference of a dispute to the Tribunal shall be governed members shall expire at the end of three years and the
by the provisions of Parts XI and XV. terms of seven more members shall expire at the end of six
years.
SECTION 1. ORGANIZATION OF THE TRIBUNAL 2. The members of the Tribunal whose terms are to expire
Article 2: Composition at the end of the above-mentioned initial periods of three
1. The Tribunal shall be composed of a body of and six years shall be chosen by lot to be drawn by the
21 independent members, elected from among persons Secretary-General of the United Nations immediately after
enjoying the highest reputation for fairness and integrity the first election.
and of recognized competence in the field of the law of the 3. The members of the Tribunal shall continue to discharge
sea. their duties until their places have been filled. Though
2. In the Tribunal as a whole the representation of the replaced, they shall finish any proceedings which they may
principal legal systems of the world and equitable have begun before the date of their replacement.
geographical distribution shall be assured. 4. In the case of the resignation of a member of the Tribunal,
the letter of resignation shall be addressed to the President


of the Tribunal. The place becomes vacant on the receipt of Article 12: President, Vice-President and Registrar
that letter. 1. The Tribunal shall elect its President and Vice-President
Article 6: Vacancies for three years; they may be re-elected.
1. Vacancies shall be filled by the same method as that laid 2. The Tribunal shall appoint its Registrar and may provide
down for the first election, subject to the following for the appointment of such other officers as may be
provision: the Registrar shall, within one month of the necessary.
occurrence of the vacancy, proceed to issue the invitations 3. The President and the Registrar shall reside at the seat of
provided for in article 4 of this Annex, and the date of the the Tribunal.
election shall be fixed by the President of the Tribunal after
consultation with the States Parties. Article 13: Quorum
2. A member of the Tribunal elected to replace a member 1. All available members of the Tribunal shall sit; a quorum
whose term of office has not expired shall hold office for the of 11 elected members shall be required to constitute the
remainder of his predecessor's term. Tribunal.
2. Subject to article 17 of this Annex, the Tribunal shall
Article 7:Incompatible activities determine which members are available to constitute the
1. No member of the Tribunal may exercise any political or Tribunal for the consideration of a particular dispute,
administrative function, or associate actively with or be having regard to the effective functioning of the chambers
financially interested in any of the operations of any as provided for in articles 14 and 15 of this Annex.
enterprise concerned with the exploration for or 3. All disputes and applications submitted to the Tribunal
exploitation of the resources of the sea or the seabed or shall be heard and determined by the Tribunal, unless
other commercial use of the sea or the seabed. article 14 of this Annex applies, or the parties request that it
2. No member of the Tribunal may act as agent, counsel or shall be dealt with in accordance with article 15 of this
advocate in any case. Annex.
3. Any doubt on these points shall be resolved by decision of
the majority of the other members of the Tribunal present. Article 14: Seabed Disputes Chamber
A Seabed Disputes Chamber shall be established in
Article 8: Conditions relating to participation of members in a accordance with the provisions of section 4 of this Annex.
particular case Its jurisdiction, powers and functions shall be as provided
1. No member of the Tribunal may participate in the for in Part XI, section 5.
decision of any case in which he has previously taken part
as agent, counsel or advocate for one of the parties, or as a Article 15: Special chambers
member of a national or international court or tribunal, or 1. The Tribunal may form such chambers, composed of
in any other capacity. three or more of its elected members, as it considers
2. If, for some special reason, a member of the Tribunal necessary for dealing with particular categories of disputes.
considers that he should not take part in the decision of a 2. The Tribunal shall form a chamber for dealing with a
particular case, he shall so inform the President of the particular dispute submitted to it if the parties so request.
Tribunal. The composition of such a chamber shall be determined by
3. If the President considers that for some special reason the Tribunal with the approval of the parties.
one of the members of the Tribunal should not sit in a 3. With a view to the speedy dispatch of business, the
particular case, he shall give him notice accordingly. Tribunal shall form annually a chamber composed of five of
4. Any doubt on these points shall be resolved by decision of its elected members which may hear and determine
the majority of the other members of the Tribunal present. disputes by summary procedure. Two alternative members
shall be selected for the purpose of replacing members who
Article 9:Consequence of ceasing to fulfil required conditions are unable to participate in a particular proceeding.
If, in the unanimous opinion of the other members of the 4. Disputes shall be heard and determined by the chambers
Tribunal, a member has ceased to fulfil the required provided for in this article if the parties so request.
conditions, the President of the Tribunal shall declare the 5. A judgment given by any of the chambers provided for in
seat vacant. this article and in article 14 of this Annex shall be
considered as rendered by the Tribunal.
Article 10: Privileges and immunities
The members of the Tribunal, when engaged on the Article 16: Rules of the Tribunal
business of the Tribunal, shall enjoy diplomatic privileges The Tribunal shall frame rules for carrying out its functions.
and immunities. In particular it shall lay down rules of procedure.

Article 11: Solemn declaration by members Article 17:Nationality of members
Every member of the Tribunal shall, before taking up his 1. Members of the Tribunal of the nationality of any of the
duties, make a solemn declaration in open session that he parties to a dispute shall retain their right to participate as
will exercise his powers impartially and conscientiously. members of the Tribunal.


2. If the Tribunal, when hearing a dispute, includes upon the 2. When an entity other than a State Party or the Authority
bench a member of the nationality of one of the parties, any is a party to a case submitted to it, the Tribunal shall fix the
other party may choose a person to participate as a member amount which that party is to contribute towards the
of the Tribunal. expenses of the Tribunal.
3. If the Tribunal, when hearing a dispute, does not include
upon the bench a member of the nationality of the parties,
each of those parties may choose a person to participate as SECTION 2. COMPETENCE
a member of the Tribunal. Article 20: Access to the Tribunal
4. This article applies to the chambers referred to in 1. The Tribunal shall be open to States Parties.
articles 14 and 15 of this Annex. In such cases, the 2. The Tribunal shall be open to entities other than States
President, in consultation with the parties, shall request Parties in any case expressly provided for in Part XI or in
specified members of the Tribunal forming the chamber, as any case submitted pursuant to any other agreement
many as necessary, to give place to the members of the conferring jurisdiction on the Tribunal which is accepted by
Tribunal of the nationality of the parties concerned, and, all the parties to that case.
failing such, or if they are unable to be present, to the
members specially chosen by the parties. Article 21:Jurisdiction - The jurisdiction of the Tribunal
5. Should there be several parties in the same interest, they comprises all disputes and all applications submitted to it in
shall, for the purpose of the preceding provisions, be accordance with this Convention and all matters specifically
considered as one party only. Any doubt on this point shall provided for in any other agreement which confers
be settled by the decision of the Tribunal. jurisdiction on the Tribunal.
6. Members chosen in accordance with paragraphs 2,
3 and 4 shall fulfil the conditions required by articles 2, Article 22: Reference of disputes subject to other agreements
8 and 11 of this Annex. They shall participate in the decision If all the parties to a treaty or convention already in force
on terms of complete equality with their colleagues. and concerning the subject-matter covered by this
Convention so agree, any disputes concerning the
Article 18: Remuneration of members interpretation or application of such treaty or convention
1. Each elected member of the Tribunal shall receive an may, in accordance with such agreement, be submitted to
annual allowance and, for each day on which he exercises the Tribunal.
his functions, a special allowance, provided that in any year
the total sum payable to any member as special allowance Article 23:Applicable law - The Tribunal shall decide all
shall not exceed the amount of the annual allowance. disputes and applications in accordance with article 293.
2. The President shall receive a special annual allowance.
3. The Vice-President shall receive a special allowance for SECTION 3. PROCEDURE
each day on which he acts as President. Article 24: Institution of proceedings
4. The members chosen under article 17 of this Annex, other 1. Disputes are submitted to the Tribunal, as the case may
than elected members of the Tribunal, shall receive be, either by notification of a special agreement or by
compensation for each day on which they exercise their written application, addressed to the Registrar. In either
functions. case, the subject of the dispute and the parties shall be
5. The salaries, allowances and compensation shall be indicated.
determined from time to time at meetings of the States 2. The Registrar shall forthwith notify the special agreement
Parties, taking into account the workload of the Tribunal. or the application to all concerned.
They may not be decreased during the term of office. 3. The Registrar shall also notify all States Parties.
6. The salary of the Registrar shall be determined at
meetings of the States Parties, on the proposal of the Article 25: Provisional measures
Tribunal. 1. In accordance with article 290, the Tribunal and its
7. Regulations adopted at meetings of the States Parties Seabed Disputes Chamber shall have the power to prescribe
shall determine the conditions under which retirement provisional measures.
pensions may be given to members of the Tribunal and to 2. If the Tribunal is not in session or a sufficient number of
the Registrar, and the conditions under which members of members is not available to constitute a quorum, the
the Tribunal and Registrar shall have their travelling provisional measures shall be prescribed by the chamber of
expenses refunded. summary procedure formed under article 15, paragraph 3,
8. The salaries, allowances, and compensation shall be free of this Annex. Notwithstanding article 15, paragraph 4, of
of all taxation. this Annex, such provisional measures may be adopted at
the request of any party to the dispute. They shall be subject
Article 19: Expenses of the Tribunal to review and revision by the Tribunal.
1. The expenses of the Tribunal shall be borne by the States
Parties and by the Authority on such terms and in such a Article 26: Hearing
manner as shall be decided at meetings of the States Parties. 1. The hearing shall be under the control of the President or,
if he is unable to preside, of the Vice-President. If neither is


able to preside, the senior judge present of the Tribunal is in question, the Registrar shall notify all the parties to the
shall preside. agreement.
2. The hearing shall be public, unless the Tribunal decides 3. Every party referred to in paragraphs 1 and 2 has the
otherwise or unless the parties demand that the public be right to intervene in the proceedings; if it uses this right, the
not admitted. interpretation given by the judgment will be equally binding
upon it.

Article 27: Conduct of case Article 33:Finality and binding force of decisions
The Tribunal shall make orders for the conduct of the case, 1. The decision of the Tribunal is final and shall be complied
decide the form and time in which each party must conclude with by all the parties to the dispute.
its arguments, and make all arrangements connected with 2. The decision shall have no binding force except between
the taking of evidence. the parties in respect of that particular dispute.
3. In the event of dispute as to the meaning or scope of the
Article 28: Default decision, the Tribunal shall construe it upon the request of
When one of the parties does not appear before the any party.
Tribunal or fails to defend its case, the other party may Article 34: Costs
request the Tribunal to continue the proceedings and make Unless otherwise decided by the Tribunal, each party shall
its decision. Absence of a party or failure of a party to bear its own costs.
defend its case shall not constitute a bar to the proceedings.
Before making its decision, the Tribunal must satisfy itself SECTION 4. SEABED DISPUTES CHAMBER
not only that it has jurisdiction over the dispute, but also Article 35 : Composition
that the claim is well founded in fact and law. 1. The Seabed Disputes Chamber referred to in article 14 of
this Annex shall be composed of 11 members, selected by a
Article 29:Majority for decision majority of the elected members of the Tribunal from
1. All questions shall be decided by a majority of the among them.
members of the Tribunal who are present. 2. In the selection of the members of the Chamber, the
2. In the event of an equality of votes, the President or the representation of the principal legal systems of the world
member of the Tribunal who acts in his place shall have a and equitable geographical distribution shall be assured.
casting vote. The Assembly of the Authority may adopt recommendations
of a general nature relating to such representation and
Article 30: Judgment distribution.
1. The judgment shall state the reasons on which it is based. 3. The members of the Chamber shall be selected every
2. It shall contain the names of the members of the Tribunal three years and may be selected for a second term.
who have taken part in the decision. 4. The Chamber shall elect its President from among its
3. If the judgment does not represent in whole or in part the members, who shall serve for the term for which the
unanimous opinion of the members of the Tribunal, any Chamber has been selected.
member shall be entitled to deliver a separate opinion. 5. If any proceedings are still pending at the end of any
4. The judgment shall be signed by the President and by the three-year period for which the Chamber has been selected,
Registrar. It shall be read in open court, due notice having the Chamber shall complete the proceedings in its original
been given to the parties to the dispute. composition.
6. If a vacancy occurs in the Chamber, the Tribunal shall
Article 3l: Request to intervene select a successor from among its elected members, who
1. Should a State Party consider that it has an interest of a shall hold office for the remainder of his predecessor's term.
legal nature which may be affected by the decision in any 7. A quorum of seven of the members selected by the
dispute, it may submit a request to the Tribunal to be Tribunal shall be required to constitute the Chamber.
permitted to intervene.
2. It shall be for the Tribunal to decide upon this request. Article 36: Ad hoc chambers
3. If a request to intervene is granted, the decision of the 1. The Seabed Disputes Chamber shall form an ad hoc
Tribunal in respect of the dispute shall be binding upon the chamber, composed of three of its members, for dealing
intervening State Party in so far as it relates to matters in with a particular dispute submitted to it in accordance with
respect of which that State Party intervened. article 188, paragraph 1(b). The composition of such a
chamber shall be determined by the Seabed Disputes
Article 32: Right to intervene in cases of interpretation or Chamber with the approval of the parties.
application 2. If the parties do not agree on the composition of an ad hoc
1. Whenever the interpretation or application of this chamber, each party to the dispute shall appoint one
Convention is in question, the Registrar shall notify all member, and the third member shall be appointed by them
States Parties forthwith. in agreement. If they disagree, or if any party fails to make
2. Whenever pursuant to article 21 or 22 of this Annex the an appointment, the President of the Seabed Disputes
interpretation or application of an international agreement Chamber shall promptly make the appointment or


appointments from among its members, after consultation whom shall be a person experienced in maritime affairs and
with the parties. enjoying the highest reputation for fairness, competence
3. Members of the ad hoc chamber must not be in the and integrity. The names of the persons so nominated shall
service of, or nationals of, any of the parties to the dispute. constitute the list.
2. If at any time the arbitrators nominated by a State Party
in the list so constituted shall be fewer than four, that State
Article 37: Access Party shall be entitled to make further nominations as
The Chamber shall be open to the States Parties, the necessary.
Authority and the other entities referred to in Part XI, 3. The name of an arbitrator shall remain on the list until
section 5. withdrawn by the State Party which made the nomination,
provided that such arbitrator shall continue to serve on any
Article 38: Applicable law arbitral tribunal to which that arbitrator has been
In addition to the provisions of article 293, the Chamber appointed until the completion of the proceedings before
shall apply: that arbitral tribunal.
(a) the rules, regulations and procedures of the Authority
adopted in accordance with this Convention; and Article 3: Constitution of arbitral tribunal
(b) the terms of contracts concerning activities in the Area For the purpose of proceedings under this Annex, the
in matters relating to those contracts. arbitral tribunal shall, unless the parties otherwise agree, be
constituted as follows:
Article 39: Enforcement of decisions of the Chamber (a) Subject to subparagraph (g), the arbitral tribunal shall
The decisions of the Chamber shall be enforceable in the consist of five members.
territories of the States Parties in the same manner as (b) The party instituting the proceedings shall appoint one
judgments or orders of the highest court of the State Party member to be chosen preferably from the list referred to
in whose territory the enforcement is sought. in article 2 of this Annex, who may be its national. The
appointment shall be included in the notification
Article 40: Applicability of other sections of this Annex referred to in article l of this Annex.
1. The other sections of this Annex which are not (c) The other party to the dispute shall, within 30 days of
incompatible with this section apply to the Chamber. receipt of the notification referred to in article l of this
2. In the exercise of its functions relating to advisory Annex, appoint one member to be chosen preferably
opinions, the Chamber shall be guided by the provisions of from the list, who may be its national. If the appointment
this Annex relating to procedure before the Tribunal to the is not made within that period, the party instituting the
extent to which it recognizes them to be applicable. proceedings may, within two weeks of the expiration of
that period, request that the appointment be made in
SECTION 5. AMENDMENTS accordance with subparagraph (e).
Article 4l: Amendments (d) The other three members shall be appointed by
1. Amendments to this Annex, other than amendments to agreement between the parties. They shall be chosen
section 4, may be adopted only in accordance with preferably from the list and shall be nationals of third
article 313 or by consensus at a conference convened in States unless the parties otherwise agree. The parties to
accordance with this Convention. the dispute shall appoint the President of the arbitral
2. Amendments to section 4 may be adopted only in tribunal from among those three members. If, within
accordance with article 314. 60 days of receipt of the notification referred to in
3. The Tribunal may propose such amendments to this article l of this Annex, the parties are unable to reach
Statute as it may consider necessary, by written agreement on the appointment of one or more of the
communications to the States Parties for their consideration members of the tribunal to be appointed by agreement,
in conformity with paragraphs 1 and 2. or on the appointment of the President, the remaining
appointment or appointments shall be made in
ANNEX VII. ARBITRATION accordance with subparagraph (e), at the request of a
Article 1: Institution of proceedings party to the dispute. Such request shall be made within
Subject to the provisions of Part XV, any party to a dispute two weeks of the expiration of the aforementioned 60-
may submit the dispute to the arbitral procedure provided day period.
for in this Annex by written notification addressed to the (e) Unless the parties agree that any appointment under
other party or parties to the dispute. The notification shall subparagraphs (c) and (d) be made by a person or a
be accompanied by a statement of the claim and the third State chosen by the parties, the President of the
grounds on which it is based. International Tribunal for the Law of the Sea shall make
the necessary appointments. If the President is unable to
Article 2: List of arbitrators act under this subparagraph or is a national of one of the
l. A list of arbitrators shall be drawn up and maintained by parties to the dispute, the appointment shall be made by
the Secretary-General of the United Nations. Every State the next senior member of the International Tribunal for
Party shall be entitled to nominate four arbitrators, each of the Law of the Sea who is available and is not a national


of one of the parties. The appointments referred to in party may request the tribunal to continue the proceedings
this subparagraph shall be made from the list referred to and to make its award. Absence of a party or failure of a
in article 2 of this Annex within a period of 30 days of the party to defend its case shall not constitute a bar to the
receipt of the request and in consultation with the proceedings. Before making its award, the arbitral tribunal
parties. The members so appointed shall be of different must satisfy itself not only that it has jurisdiction over the
nationalities and may not be in the service of, ordinarily dispute but also that the claim is well founded in fact and
resident in the territory of, or nationals of, any of the law.
parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for Article 10: Award
the initial appointment. The award of the arbitral tribunal shall be confined to the
(g) Parties in the same interest shall appoint one member of subject-matter of the dispute and state the reasons on
the tribunal jointly by agreement. Where there are which it is based. It shall contain the names of the members
several parties having separate interests or where there who have participated and the date of the award. Any
is disagreement as to whether they are of the same member of the tribunal may attach a separate or dissenting
interest, each of them shall appoint one member of the opinion to the award.
tribunal. The number of members of the tribunal
appointed separately by the parties shall always be
smaller by one than the number of members of the Article 11: Finality of award
tribunal to be appointed jointly by the parties. The award shall be final and without appeal, unless the
(h) In disputes involving more than two parties, the parties to the dispute have agreed in advance to an
provisions of subparagraphs (a) to (f) shall apply to the appellate procedure. It shall be complied with by the parties
maximum extent possible. to the dispute.

Article 4: Functions of arbitral tribunal - An arbitral tribunal Article 12: Interpretation or implementation of award
constituted under article 3 of this Annex shall function in 1. Any controversy which may arise between the parties to
accordance with this Annex and the other provisions of this the dispute as regards the interpretation or manner of
Convention. implementation of the award may be submitted by either
party for decision to the arbitral tribunal which made the
Article 5: Procedure - Unless the parties to the dispute award. For this purpose, any vacancy in the tribunal shall be
otherwise agree, the arbitral tribunal shall determine its filled in the manner provided for in the original
own procedure, assuring to each party a full opportunity to appointments of the members of the tribunal.
be heard and to present its case. 2. Any such controversy may be submitted to another court
or tribunal under article 287 by agreement of all the parties
Article 6: Duties of parties to a dispute to the dispute.
The parties to the dispute shall facilitate the work of the
arbitral tribunal and, in particular, in accordance with their Article 13: Application to entities other than States Parties
law and using all means at their disposal, shall: The provisions of this Annex shall apply mutatis mutandis to
(a) provide it with all relevant documents, facilities and any dispute involving entities other than States Parties.
information; and -----------------------------------------------------------------------------
(b) enable it when necessary to call witnesses or experts HW for March 21:
and receive their evidence and to visit the localities to Phil response to World Heritage Convention
which the case relates. 1. Constitutional provisions (Art 14.: secs. 14-17, 18[1,2],
1987 constitution)
Article 7: Expenses 2. Cultural properties preservation and protection act RA
Unless the arbitral tribunal decides otherwise because of 4846
the particular circumstances of the case, the expenses of the 3. Natl Museum Law RA 8492
tribunal, including the remuneration of its members, shall 4. Natl Historical Commission Act RA 4368
be borne by the parties to the dispute in equal shares. 5. Indigenous Peoples Rights Act RA 8371 (connected to
CBA)
Article 8: Required majority for decisions * Manila Prince Hotel vs GSIS
Decisions of the arbitral tribunal shall be taken by a * Joya et al. vs PCGG et al. GR 96541 August 24 1993
majority vote of its members. The absence or abstention of 6. Minamata Convention on Mercury - in rel. Peoples
less than half of the members shall not constitute a bar to small scale mining in the Phil.
the tribunal reaching a decision. In the event of an equality *** FOR FINALS: Relate IPRA with CBD; Distinguish between
of votes, the President shall have a casting vote. National Cultural Treasure and Important Cultural
Properties
Article 9: Default of appearance -----------------------------------------------------------------------------
If one of the parties to the dispute does not appear before A. PHIL. RESPONSE TO WORLD HERITAGE CONVENTION
the arbitral tribunal or fails to defend its case, the other


1. 1987 CONSTI. ART XIV: Arts and Culture A National Cultural Treasurer is a unique object found
locally, possessing outstanding historical, cultural, artistic
SECTION 14. The State shall foster the preservation, and/or scientific value which is highly significant and
enrichment, and dynamic evolution of a Filipino national important to this country and nation.
culture based on the principle of unity in diversity in a
climate of free artistic and intellectual expression. Type as mentioned in Section seven-b in the context of
this Act is a specimen selected as the best to represent a
SECTION 15. Arts and letters shall enjoy the patronage of kind or class of objects consisting of any but almost identical
the State. The State shall conserve, promote, and popularize individuals or pieces. In the case of specimens of natural
the nations historical and cultural heritage and resources, history, the type is the individual specimen which was used
as well as artistic creations. as the basis of description establishing the species, in
accordance with the rules of nomenclature.
SECTION 16. All the countrys artistic and historic wealth
constitutes the cultural treasure of the nation and shall be A historical site is any place, province, city, town and/or
under the protection of the State which may regulate its any location and structure which has played a significant
disposition. and important role in the history of our country and nation.
Such significance and importance may be cultural, political,
SECTION 17. The State shall recognize, respect, and protect sociological or historical.
the rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It An archaeological site is any place which may be
shall consider these rights in the formulation of national underground or on the surface, underwater or at sea level
plans and policies. which contains fossils, artifacts and other cultural,
geological, botanical, zoological materials which depict and
SECTION 18. (1) The State shall ensure equal access to document evidences of paleontological and pre-historic
cultural opportunities through the educational system, events.
public or private cultural entities, scholarships, grants and
other incentives, and community cultural centers, and other Sec. 7. In designation of a particular cultural property as a
public venues. "national cultural treasure," the following procedure shall
(2) The State shall encourage and support researches and be observed:
studies on the arts and culture.
a. Before the actual designation, the owner, if the property
2. RA 4846 Cultural Properties Preservation and is privately owned, shall be notified at least fifteen days
Protection Act. (AS AMENDED BY P.D. 374) prior to the intended designation, and he shall be invited to
attend the deliberation and given a chance to be heard.
Cultural properties are old buildings, monuments, Failure on the part of the owner to attend the deliberation
shrines, documents, and objects which may be classified as shall not bar the panel to render its decision. Decision shall
antiques, relics, or artifacts, landmarks, anthropological and be given by the panel within a week after its deliberation. In
historical sites, and specimens of natural history which are the event that the owner desires to seek reconsideration of
of cultural, historical, anthropological or scientific value and the designation made by the panel, he may do so within
significance to the nation; such as physical, and days from the date that the decision has been rendered. If
anthropological, archaeological and ethnographical no request for reconsideration is filed after this period, the
materials, meteorites and tektites; historical objects and designation is then considered final and executory. Any
manuscripts; house and agricultural implements; decorative request for reconsideration filed within thirty days and
articles or personal adornment; works of art such as subsequently again denied by the panel, may be further
paintings, sculptures, carvings, jewelry, music, architecture, appealed to another panel chairmanned by the Secretary of
sketches drawings or illustrations in part or in whole; Education, with two experts as members appointed by the
works of industrial and commercial art such as furniture, Secretary of Education. Their decision shall be final and
pottery, ceramics, wrought iron, gold, bronze, silver, wood binding.
or other heraldic items, metals, coins, medals, badges,
insignias, coat of arms, crests, flags, arms, and armor; b. Within each kind or class of objects, only the rare and
vehicles or ships or boats in part or in whole. unique objects may be designated as "National Cultural
Treasures." The remainder, if any, shall be treated as
Cultural properties which have been singled out from cultural property.
among the innumerable cultural properties as having
exceptional historical and cultural significance to the c. Designated "National Cultural Treasures" shall be
Philippines, but are not sufficiently outstanding to merit the marked, described, and photographed by the National
classification of "National Cultural Treasurers." are Museum. The owner retains possession of the same but the
important cultural properties. Museum shall keep a record containing such information as:
name of article, owner, period, source, location, condition,


description, photograph, identifying marks, approximate All exploration, excavation, or diggings on government and
value, and other pertinent data. private property for archaeological or historical purposes
shall be undertaken only by the National Museum, or any
Sec. 8. National Cultural Treasures shall not change institution duly authorized by the Director of the National
ownership, except by inheritance or sale approved by the Museum.
Director of the National Museum, without the prior
notification to and notations made by the Museum in the SECTION 13. All restorations, reconstructions, and
records. They may not be taken out of the country for preservations of government historical buildings, shrines,
reasons of inheritance. Where there is no heir, National landmarks, monuments, and sites, which have been
Cultural Treasures shall revert to the National Museum or designated as "National Cultural Treasures," and "important
to any state museum. cultural properties" shall only be undertaken with the
written permission of the Director of the National Museum
Sec. 9. National Cultural Treasurers may be taken out of who shall designate the supervision of the same.
the country only with written permit from the Director of
the National Museum, and only for the purpose of exchange SECTION 14. Any donation or support by private
programs or for scientific scrutiny, but shall be returned individuals or institutions to the National Museum, and any
immediately after such exhibition or study: provided, that investment for the purchase of cultural properties
the Director of the National Museum shall require that the registered with the National Museum or for the support of
cultural treasures be adequately, insured against loss or scientific and cultural expeditions, explorations, or
damage by the owners thereof, and shall be properly excavations when so certified by the Director of the
accompanied by a duly authorized representative of the National Museum, shall be tax exempt and deductible from
National Museum and/or protected. the income tax returns of the individual or institution.

SECTION 10. It shall be unlawful to export or to cause to Donations of National Cultural Treasures and important
be taken out of the Philippines any of the cultural properties cultural properties to the National Museum or any
defined in Section three of this Act, without previous accredited institution for preservation for posterity, or of
registration of the objects with the National Museum and a any monetary contribution to the National Museum or any
written permit from the Director of the National Museum: accredited institution for the purchase of National Cultural
provided, however, that in the granting or the withholding Treasures and important cultural properties shall also be
of permit, the provisions of Section seven of this Act shall deductible from the income tax returns: provided, that such
have been satisfied. donations are duly acknowledge and receipted by the
recipient and certified by the Director of the National
SECTION 11. No cultural property may be imported Museum.
without an official certification of exportation from the
country of origin. SECTION 15. Any cultural property for sale as allowed
under this Act, should be registered with the National
SECTION 12. It shall be unlawful to explore, excavate, or Museum and the proceeds thereof shall be considered as
make diggings on archaeological or historical sites for the income and therefore subject to taxation: provided,
purpose of obtaining materials of cultural historical value however, that the Government shall be given the first option
without the prior written authority from the Director of the for three months to buy these cultural properties placed on
National Museum. No excavation or diggings shall be sale.
permitted without the supervision of an archaeologist
certified as such by the Director of the National Museum, or SECTION 16. All dealers of cultural properties shall secure
of such other person who, in the opinion of the Director, is a license as a dealer in cultural properties from the Director
competent to supervise the work, and who shall, upon of the National Museum.
completion of the project, deposit with the Museum a
catalogue of all the materials found thereon, and a SECTION 17. All dealers engaged in the business of
description of the archaeological context in accordance with exporting cultural properties shall secure a license as
accepted archaeological practices. When excavators shall exporter of cultural properties from the Director of the
strike upon any buried cultural property, the excavation National Museum.
shall be suspended and the matter reported immediately to
the Director of the National Museum who shall take the SECTION 18. The Director of the National Museum is
appropriate steps to have the discovery investigated and to hereby empowered to promulgate rules and regulations for
insure the proper and safe removal thereof, with the the implementation of the provisions of this Act, which rules
knowledge and consent of the owner. The suspension shall and regulations shall be given the widest publicity and also
not be lifted until the Director of the National Museum shall shall be given directly to known collectors, excavators,
so allow it. archaeologists, dealers, exporters and others affected by
this Act. Such rules and regulations shall be approved by the
Secretary of education.


Agrifina Circle shall be the permanent and exclusive site of
the National Museum. They shall be known as the National
Museum Complex. The Executive House shall now be known
3. Natl Museum Law RA 8492 as the National Museum.

The National Museum is mandated to declare cultural The site and lands selected for the building for the Museum
properties of the Philippines as either Important Cultural shall be deemed appropriated to the Museum, and the
Properties or National Cultural Treasures, pursuant to record of the description of such site and lands, or a copy
several laws, including Republic Act No. 4846 (Cultural thereof, certified by the Chairman and Secretary of the
Properties Preservation and Protection Act) as amended by Board of Trustees, shall be received as evidence in all courts
Presidential Decree No. 374, Presidential Decree No. 260, of the extent and boundaries of the lands appropriated to
Republic Act No.8492 (National Museum Act of 1998) and the Museum.
most recently, Republic Act No. 10066 (National Cultural Section 2. Declaration of Policy. It is the policy of the State
Heritage Act of 2009). to pursue and support the cultural development of the
Filipino people, through the preservation, enrichment and
Section 2. Declaration of Policy. It is the policy of the State dynamic evolution of the Filipino national culture, based on
to pursue and support the cultural development of the the principle of unity in diversity in a climate of free artistic
Filipino people, through the preservation, enrichment and and intellectual expression.
dynamic evolution of the Filipino national culture, based on
the principle of unity in diversity in a climate of free artistic Section 6. Objectives. The Museum shall have the
and intellectual expression. following objectives:

Section 3. Conversion of the National Museum. To 6.1. As an educational institution, the National Museum
implement the above declared State policies, and to ensure shall take the lead in disseminating knowledge of Filipino
its independence and autonomy, the present National cultural and historical heritage and developing a corps of
Museum hereafter referred to as the National Museum, is professional knowledgeable about the preservation,
hereby converted into a trust of the government. The enrichment and dynamic evaluation of the Filipino national
National Museum is detached from the Department of culture.
Education, Culture, and Sports and from the National
Commission for Culture and the Arts. It shall be placed 6.2. As a scientific institution, the Museum shall continue to
solely for budgetary purposes under the Office of the conduct basic and systematic research programs combining
President. integrated laboratory and field work in anthropology and
archaeology, geology and paleontology, botany, and zoology.
The Museum, as established under this Act shall be known It shall maintain reference collections on these disciplines
by the name of National Museum and by the name shall and promote scientific development in the Philippines.
known and have perpetual succession with the power,
limitations, and restriction hereafter contained and no 6.3. As a cultural center, the Museum shall take the lead in
other. the study and preservation of the nation's rich artistic, and
cultural heritage, in the reconstruction and rebuilding of our
The National Museum shall be permanent institution in the past, and the development of the national cultural wealth.
service of the community and its development, accessible to
the public, and not intended for profit. It shall obtain, keep, Section 7. Duties and function. The Museum shall have the
study and present material evidence of man and his following duties and functions:
environment. The National Museum shall inform the general
public about these activities for the purpose of study, 7.1. Acquire documents, collect, preserve, maintain,
education and entertainment. administer and exhibit to the public, cultural materials,
objects of art, archaeological artifacts, ecofacts, relics and
The primary mission of the National Museum shall be to other materials embodying the cultural and natural heritage
acquire documents, preserve, exhibit and foster scholarly of the Filipino nation, as well as those of foreign origin.
study and appreciation of works of art specimens and Materials relevant to the recent history of the country shall
cultural and historical artifacts. Pending its reorganization be likewise acquired, collected, preserved, maintained,
by the Board of Trustees, the National Museum shall be advertised and exhibited by the Museum;
composed of the Museum structure, organization and its
collections, properties, assets and liabilities. 7.2. Conduct researches, archaeological and scientific, on
Philippine flora and fauna; collect, preserve, identify and
Section 4. Permanent Home; Evidence of Title to Site and exhibit to the public systematically all types of plants and
Buildings. The whole Executive House Building also animals found in the Philippines, prepare for publication
known as the Old Congress Building, the Department of manuscripts and scientific papers on them and maintain a
Finance Building and Department of Tourism Building on reference collection on such subjects;


interpretations; mount exhibitions and prepare technical
7.3. Document all objects held by the National Museum in its manuscripts for publication;
collections or borrowed by the Museum by registering them
in an inventory and cataloguing them, and manage any 7.14. Maintain a chemical and physical laboratory where
movement of the collections both within the Museum and scientific analysis of materials recovered from
elsewhere in such a way that the Museum is able to locate archaeological and ethnographic sites may be undertaken
any object in the collections at any time, initially on paper for their preservation;
records, but to be converted to computerized records on a
professional museum documentation system as soon as 7.15. Plan, organize and stage exhibitions in all disciplines
time and budget allow. covered by the Museum geology, cultural properties,
zoology, botany, archaeology, arts, anthropology,
7.4. Conduct researches on the origin, history and restoration and engineering;
geographic distribution of, and to collect, preserve, study
and exhibit rocks, minerals and fossils of plants and 7.16. Plan and organize library services, guided tours,
animals; maintain a reference collection and to prepare for lectures, seminars, symposia or workshops;
publication scientific studies on them;
7.17. Implement and enforce Presidential Decree Nos. 260,
7.5. Regulate registration, excavation, preservation and 374, 756, 1109, 1492, 996, 1683 and 1726-A;
exportation of Philippine cultural properties through a legal
department and customs department which shall be 7.18. Supervise restoration, preservation, reconstruction,
established for these purposes; demolition, alteration, relocation and remodeling of
immovable properties and archaeological landmarks and
7.6. Implement the pertinent provisions of Presidential sites;
Decree No. 374, as further amended, and other related laws
on the protection and conservation of cultural properties; 7.19. Disseminate astronomical knowledge and information
through planetarium shows, lectures and demonstrations,
7.7. Undertake research on salvage archaeology, monitor exhibits and actual celestial observations;
and control archaeological excavations, diggings and
researches into Philippine pre-history and proto-history; 7.20. Maintain, preserve, interpret and exhibit to the public
the artifacts in sites of the Paleolithic habitation site of the
7.8. Gather, identify, reconstruct, restore and maintain a possible earliest man to the Philippines, the Neolithic
national archaeological reference collection; study habitation of the ancient Filipino at the Tabon Caves, and
archaeological artifacts and ecofacts, with their other important archaeological sites;
corresponding data and deduce archaeological
interpretations; 7.21. Secure and receive bilateral and international grants
and endowments to support its programs/projects.
7.9. Undertake researches on the pre-history of the
Philippines in order to define the foundations of the 7.22. Initiate, promote, encourage and support the
cultures of the people by conducting systematic and establishment and promotion of, and extend management,
controlled archaeological excavations in different sites on technical and financial assistance to regional, provincial, city
land and underwater, and to supplement existing historical and/or local museums; and
documentation;
7.23. Develop and implement consortium agreements and
7.10. Collect, preserve, restore and exhibit to the public linkages with institutions of higher learning and other
objects of arts; organizations engaged in similar researches being
undertaken by the National Museum.
7.11. Conduct researches on Philippine arts and its relations
to the arts of other countries and prepare for publication 4. Natl Historical Commission Act RA 4368
research papers on them;
AN ACT TO ESTABLISH A NATIONAL HISTORICAL
7.12. Carry out researches among different people of the COMMISSION, TO DEFINE ITS POWERS AND FUNCTIONS,
Philippines to define the ethnography of each group, to AUTHORIZING THE APPROPRIATION OF FUNDS
establish the ethnology and to document for posterity and THEREFOR, AND FOR OTHER PURPOSES
exhibit to the public their traditional and existing cultures,
practices and artistic forms expressive of their culture; Section 1. There is hereby created a National Historical
Commission which shall be composed of a Chairman and
7.13. Collect, acquire, identify, reconstruct, restore, preserve four regular members and two ex-officio members, namely,
and maintain ethnographic items; gather their the Director of Public Libraries and the Director of the
National Museum: provided, that the ex-officio members


shall not receive any compensation and shall not have the adequate incentives, setting aside, for this purpose, such
right to vote. portions of its appropriation as the Commission may deem
necessary; and
Section 2. The Chairman and four members shall be (i) To work in coordination with the Institute of National
appointed by the President of the Philippines with the Language for the translation of its works and materials to
consent of the Commission on Appointments. No one shall the National Language.
be appointed to any of these positions unless he be a citizen
of the Philippines, at least thirty years old, at least a holder 5. Indigenous Peoples Rights Act RA 8371
of a four-year college degree, and has distinguished himself (connected to Convention on Biodiversity Act)
in historical research and writing. The Chairman shall ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS
receive a compensation of twelve thousand pesos per OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS
annum, and the four members shall each receive eight PEOPLES, CREATING A NATIONAL COMMISSION ON
thousand four hundred pesos per annum. INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND
Section 3. The National Historical Commission shall be FOR OTHER PURPOSES
under the direct control and supervision of the Department
of Education. The Chairman and the four members shall SECTION 2. Declaration of State Policies. The State shall
hold office during good behavior until they reach retirement recognize and promote all the rights of Indigenous Cultural
age or until they shall have been incapacitated to discharge Communities/Indigenous Peoples (ICCs/IPs) hereunder
their duties effectively. enumerated within the framework of the Constitution:

Section 4. It shall be the duty of the National Historical a) The State shall recognize and promote the rights of
Commission: ICCs/IPs within the framework of national unity and
(a) To publish or cause to have written or published the development;
works of our national heroes and other great and good
Filipinos; b) The State shall protect the rights of ICCs/IPs to their
(b) To compile from various sources here and abroad data ancestral domains to ensure their economic, social and
on Philippine history and prepare and publish there from cultural well being and shall recognize the applicability of
source books on Philippine history; customary laws governing property rights or relations in
(c) For the purpose stated in subparagraph (a) and (b), to determining the ownership and extent of ancestral domain;
enter into negotiations or agreements, subject to the
approval of the Secretary of Education, with institutions of c) The State shall recognize, respect and protect the rights
learning, learned societies and individuals for the purpose of ICCs/IPs to preserve and develop their cultures,
of securing original documents of copies, photostat and traditions and institutions. It shall consider these rights in
microfilms thereof, dealing with the Philippines: provided, the formulation of national laws and policies;
that any acquisition involved in excess of fifty thousand
pesos shall be with the approval of the President of the d) The State shall guarantee that members of the ICCs/IPs
Philippines; regardless of sex, shall equally enjoy the full measure of
(d) To gather and publish source books, reports, records human rights and freedoms without distinction or
and other valuable information relating to historic places, discrimination;
markets and events;
(e) To identify, designate and appropriately mark historic e) The State shall take measures, with the participation of
places in the Philippines and to cause the construction or the ICCs/IPs concerned, to protect their rights and
reconstruction and to maintain and care for national guarantee respect for their cultural integrity, and to ensure
monuments, shrines and historic markets that have been or that members of the ICCs/IPs benefit on an equal footing
may hereafter be erected in pursuance of this Act: provided, from the rights and opportunities which national laws and
however, that the Commission shall enlist the assistance of regulations grant to other members of the population; and
the public;
(f) To take charge of all historical activities or projects, not f) The State recognizes its obligations to respond to the
otherwise undertaken by any entity of the government; strong expression of the ICCs/IPs for cultural integrity by
(g) To gather data on historical dates, personages, events, assuring maximum ICC/IP participation in the direction of
and documents presented for evaluation, and to acquire education, health, as well as other services of ICCs/IPs, in
through purchase, donation, exchange or otherwise, order to render such services more responsive to the needs
important historical documents and materials; and desires of these communities.
(h) To encourage researches in Philippine history and the
writing and publication of textbooks on the subject, the Towards these ends, the State shall institute and establish
research and writing of biographies of heroes, accounts of the necessary mechanisms to enforce and guarantee the
historical events, translation of important scholarly works realization of these rights, taking into consideration their
of Filipino and foreigners by providing appropriate or customs, traditions, values, beliefs, interests and


institutions, and to adopt and implement measures to political institutions, but who may have been displaced from
protect their rights to their ancestral domains. their traditional domains or who may have resettled outside
their ancestral domains;
Section 3. Definition of Terms. - For purposes of this Act, the
following terms shall mean: k) National Commission on Indigenous Peoples (NCIP) -
refers to the office created under this Act, which shall be
a) Ancestral Domains - Subject to Section 56 hereof, refer to under the Office of the President, and which shall be the
all areas generally belonging to ICCs/IPs comprising primary government agency responsible for the formulation
lands,inland waters, coastal areas, and natural resources and implementation of policies, plans and programs to
therein, held under a claim of ownership, occupied or recognize, protect and promote the rights of ICCs/IPs;
possessed by ICCs/IPs, themselves or through their
ancestors, communally or individually since time l) Native Title - refers to pre-conquest rights to lands and
immemorial, continuously to the present except when domains which, as far back as memory reaches, have been
interrupted by war, force majeure or displacement by force, held under a claim of private ownership by ICCs/IPs, have
deceit, stealth or as a consequence of government projects never been public lands and are thus indisputably
or any other voluntary dealings entered into by government presumed to have been held that way since before the
and private individuals, corporations, and which are Spanish Conquest;
necessary to ensure their economic, social and cultural
welfare. It shall include ancestral land, forests, pasture, o) Sustainable Traditional Resource Rights - refer to the
residential, agricultural, and other lands individually owned rights of ICCs/IPs to sustainably use,manage, protect and
whether alienable and disposable or otherwise, hunting conserve a) land, air, water, and minerals; b) plants, animals
grounds, burial grounds, worship areas, bodies of water, and other organisms; c) collecting, fishing and hunting
mineral and other natural resources, and lands which may grounds; d) sacred sites; and e) other areas of economic,
no longer be exclusively occupied by ICCs/IPs but from ceremonial and aesthetic value in accordance with their
which their traditionally had access to for their subsistence indigenous knowledge, beliefs, systems and practices; and
and traditional activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting cultivators; p) Time Immemorial - refers to a period of time when as far
back as memory can go, certain ICCs/IPs are known to have
b) Ancestral Lands - Subject to Section 56 hereof, refers to occupied, possessed in the concept of owner, and utilized a
land occupied, possessed and utilized by individuals, defined territory devolved to them, by operation of
families and clans who are members of the ICCs/IPs since customary law or inherited from their ancestors, in
time immemorial, by themselves or through their accordance with their customs and traditions.
predecessors-in-interest, under claims of individual or
traditional group ownership,continuously, to the present CHAPTER III RIGHTS TO ANCESTRAL DOMAINS
except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence Section 4. Concept of Ancestral Lands/Domains. -
of government projects and other voluntary dealings Ancestral lands/domains shall include such concepts of
entered into by government and private territories which cover not only the physical environment
individuals/corporations, including, but not limited to, but the total environment including the spiritual and
residential lots, rice terraces or paddies, private forests, cultural bonds to the area which the ICCs/IPs possess,
swidden farms and tree lots; occupy and use and to which they have claims of ownership.

h) Indigenous Cultural Communities/Indigenous Peoples - Section 5. Indigenous Concept of Ownership. - Indigenous
refer to a group of people or homogenous societies concept of ownership sustains the view that ancestral
identified by self-ascription and ascription by other, who domains and all resources found therein shall serve as the
have continuously lived as organized community on material bases of their cultural integrity. The indigenous
communally bounded and defined territory, and who have, concept of ownership generally holds that ancestral
under claims of ownership since time immemorial, domains are the ICC's/IP's private but community property
occupied, possessed customs, tradition and other distinctive which belongs to all generations and therefore cannot be
cultural traits, or who have, through resistance to political, sold, disposed or destroyed. It likewise covers sustainable
social and cultural inroads of colonization, non-indigenous traditional resource rights.
religions and culture, became historically differentiated
from the majority of Filipinos. ICCs/IPs shall likewise Section 6. Composition of Ancestral Lands/Domains. -
include peoples who are regarded as indigenous on account Ancestral lands and domains shall consist of all areas
of their descent from the populations which inhabited the generally belonging to ICCs/IPs as referred under Sec. 3,
country, at the time of conquest or colonization, or at the items (a) and (b) of this Act.
time of inroads of non-indigenous religions and cultures, or
the establishment of present state boundaries, who retain Section 7. Rights to Ancestral Domains. - The rights of
some or all of their own social, economic, cultural and ownership and possession of ICCs/IPs t their ancestral


domains shall be recognized and protected. Such rights shall e. Right to Regulate Entry of Migrants. - Right to regulate the
include: entry of migrant settlers and organizations into the
a. Rights of Ownership.- The right to claim ownership over domains;
lands, bodies of water traditionally and actually occupied by f. Right to Safe and Clean Air and Water. - For this purpose,
ICCs/IPs, sacred places, traditional hunting and fishing the ICCs/IPs shall have access to integrated systems for the
grounds, and all improvements made by them at any time management of their inland waters and air space;
within the domains; g. Right to Claim Parts of Reservations. - The right to claim
b. Right to Develop Lands and Natural Resources. - Subject to parts of the ancestral domains which have been reserved
Section 56 hereof, right to develop, control and use lands for various purposes, except those reserved and intended
and territories traditionally occupied, owned, or used; to for common and public welfare and service; and
manage and conserve natural resources within the h. Right to Resolve Conflict. - Right to resolve land conflicts in
territories and uphold the responsibilities for future accordance with customary laws of the area where the land
generations; to benefit and share the profits from allocation is located, and only in default thereof shall the complaints
and utilization of the natural resources found therein; the be submitted to amicable settlement and to the Courts of
right to negotiate the terms and conditions for the Justice whenever necessary.
exploration of natural resources in the areas for the purpose
of ensuring ecological, environmental protection and the Section 8. Rights to Ancestral Lands. - The right of
conservation measures, pursuant to national and customary ownership and possession of the ICCs/IPs, to their ancestral
laws; the right to an informed and intelligent participation lands shall be recognized and protected.
in the formulation and implementation of any project, a. Right to transfer land/property. - Such right shall include
government or private, that will affect or impact upon the the right to transfer land or property rights to/among
ancestral domains and to receive just and fair compensation members of the same ICCs/IPs, subject to customary laws
for any damages which they sustain as a result of the and traditions of the community concerned.
project; and the right to effective measures by the b. Right to Redemption. - In cases where it is shown that the
government to prevent any interfere with, alienation and transfer of land/property rights by virtue of any agreement
encroachment upon these rights; or devise, to a non-member of the concerned ICCs/IPs is
c. Right to Stay in the Territories- The right to stay in the tainted by the vitiated consent of the ICCs/IPs,or is
territory and not be removed therefrom. No ICCs/IPs will be transferred for an unconscionable consideration or price,
relocated without their free and prior informed consent, nor the transferor ICC/IP shall have the right to redeem the
through any means other than eminent domain. Where same within a period not exceeding fifteen (15) years from
relocation is considered necessary as an exceptional the date of transfer.
measure, such relocation shall take place only with the free
and prior informed consent of the ICCs/IPs concerned and Section 9. Responsibilities of ICCs/IPs to their Ancestral
whenever possible, they shall be guaranteed the right to Domains. - ICCs/IPs occupying a duly certified ancestral
return to their ancestral domains, as soon as the grounds domain shall have the following responsibilities:
for relocation cease to exist. When such return is not a. Maintain Ecological Balance- To preserve, restore, and
possible, as determined by agreement or through maintain a balanced ecology in the ancestral domain by
appropriate procedures, ICCs/IPs shall be provided in all protecting the flora and fauna, watershed areas, and other
possible cases with lands of quality and legal status at least reserves;
equal to that of the land previously occupied by them, b. Restore Denuded Areas- To actively initiate, undertake
suitable to provide for their present needs and future and participate in the reforestation of denuded areas and
development. Persons thus relocated shall likewise be fully other development programs and projects subject to just
compensated for any resulting loss or injury; and reasonable remuneration; and
d. Right in Case of Displacement. - In case displacement c. Observe Laws- To observe and comply with the
occurs as a result of natural catastrophes, the State shall provisions of this Act and the rules and regulations for its
endeavor to resettle the displaced ICCs/IPs in suitable areas effective implementation.
where they can have temporary life support system:
Provided, That the displaced ICCs/IPs shall have the right to National Commission on Indigenous Peoples
return to their abandoned lands until such time that the [AO No. 1, s. 1998]
normalcy and safety of such lands shall be determined: RULES AND REGULATIONS IMPLEMENTING THE
Provided, further, That should their ancestral domain cease INDIGENOUS PEOPLES RIGHTS ACT OF 1997
to exist and normalcy and safety of the previous settlements
are not possible, displaced ICCs/IPs shall enjoy security of Section 4. Operating Principles. In implementing the policies
tenure over lands to which they have been resettled: enumerated in these Rules, the following operating
Provided, furthermore, That basic services and livelihood principles shall be adhered to:
shall be provided to them to ensure that their needs are a) Cultural Diversity. As the beginning of unity is difference,
adequately addressed: the diversity of cultures, traditions, beliefs and aspirations
of indigenous peoples shall be encouraged and fostered in
openness, mutual respect for, and active defense of the


equal and inalienable dignity and universal, indivisible, all intents and purposes, it has become a part of the national
interdependent and interrelated rights of every human patrimony. Petitioner also argues that since 51% of the
being, in the spirit of inter-people cooperation; shares of the MHC carries with it the ownership of the
b) Consensus and Peace-Building. In resolving conflicts or business of the hotel which is owned by respondent GSIS, a
disputes affecting or pertaining to indigenous peoples, any government-owned and controlled corporation, the hotel
determination or decision thereon shall be reached through business of respondent GSIS being a part of the tourism
dialogue and consensus as far as practicable; industry is unquestionably a part of the national economy.
c) Cultural Integrity. Within ancestral domains/lands, the
holistic and integrated adherence of indigenous peoples to Pertinent Issue: w/n Manila Hotel is part of National
their respective customs, beliefs, traditions, indigenous Patrimony
knowledge systems and practices, and the assertion of their
character and identity as peoples shall remain inviolable; In its plain and ordinary meaning, the term patrimony
d) Human Dignity. The inherent and inalienable distinct pertains to heritage. When the Constitution speaks of
character, sacred human dignity, and unique identity of national patrimony, it refers not only to the natural
indigenous peoples as peoples shall be respected; resources of the Philippines, as the Constitution could have
e) Subsidiarity, Solidarity and Total Human Development. In very well used the term natural resources, but also to the
the pursuit of civil, political, economic, social and cultural cultural heritage of the Filipinos. It also refers to Filipinos
development, the human person shall be the central subject intelligence in arts, sciences and letters. In the present case,
thereof and its active participant and beneficiary. Everyone Manila Hotel has become a landmark, a living testimonial of
has duties to the community. In the exercise of rights and Philippine heritage. While it was restrictively an American
freedoms, everyone shall be subject only to such limitations hotel when it first opened in 1912, a concourse for the elite,
as are determined by custom or law, solely for the purpose it has since then become the venue of various significant
of securing due recognition and respect for the rights and events which have shaped Philippine history. In the
freedoms of others and of meeting the just requirements of granting of economic rights, privileges, and concessions,
morality, public order and the general welfare in a especially on matters involving national patrimony, when a
democratic society; and f) Transparency and Capacity choice has to be made between a qualified foreigner and a
Building. The Commission shall perform its tasks on the qualified Filipino, the latter shall be chosen over the
basis of transparency and active support and participation former.
by the ICCs/IPs, and shall take a proactive strategy in
empowering ICCs/IPs and in the fulfillment of its mandate The Supreme Court directed the GSIS, the Manila Hotel
Corporation, the Committee on Privatization and the Office
CASES: of the Government Corporate Counsel to cease and desist
from selling 51% of the Share of the MHC to Renong Berhad,
a. Manila Prince Hotel vs GSIS and to accept the matching bid of Manila Prince Hotel at P44
per share and thereafter execute the necessary agreements
Facts: and document to effect the sale, to issue the necessary
The Respondent Government Service Insurance System clearances and to do such other acts and deeds as may be
(GSIS) in pursuant to the privatization program of the necessary for the purpose.
Philippine Government under Proclamation No. 50 dated 8
December 1986, decided to sell through public bidding 30% b. Joya et al. vs PCGG et al. GR 96541 August 24 1993
to 51% of the issued. In a close bidding held on 18
September 1995 only two (2) bidders participated: Facts: The PCGG Chairman Mateo Caparas wrote on 09
petitioner Manila Prince Hotel Corporation, a Filipino August 1990 to President Corazon Aquino regarding the
corporation, which offered to buy 51% of the MHC or scheduled sale between the Republic of the Philippines and
15,300,000 shares at P41.58 per share, and Renong Berhad, Christies of 82 Old Masers Painting housed in Metropolitan
a Malaysian firm, with ITT-Sheraton as its hotel operator, Museum of Manila and 7 boxes of antique silverware in the
which bid for the same number of shares at P44.00 per custody of Central Bank. This was approved on 14 August
share, or P2.42 more than the bid of petitioner. 1990 and the consignment was signed the following day. On
Pending the declaration of Renong Berhad as the winning 26 October 1990 the Commission on Audit submitted audit
bidder/strategic partner of MHC, petitioner matched the findings to the President the assets subject of auction
formers bid prize also with Php 44.00 per share followed were historical relics and had cultural significance and
by a managers check worth Php 33 million as Bid Security, thereby prohibited by law. As Filipino citizens, taxpayers
but the GSIS refused to accept both the bid match and the and artists, petitioners Dean Jose Joya et al contended that
managers check. they have legal personality to restrain respondent from
The petitioner invokes Sec. 10, second par., Art. XII, of the acting contrary to preserving artistic creations pursuant to
1987 Constitution Filipino first policy and submits that Sec 14-18 Article XIV of the Constitution.
the Manila Hotel has been identified with the Filipino nation
and has practically become a historical monument which 1. w./n petitioners have legal standing
reflects the vibrancy of Philippine heritage and culture. To


2. whether the Old Masters Paintings and antique to the foundation or corporation or the members thereof,
silverware are embraced in the phrase "cultural treasure of although the public has been given the opportunity to view
the nation" which is under the protection of the state and appreciate these paintings when they were placed on
pursuant to the 1987 Constitution and/or "cultural exhibit.
properties" contemplated under R.A. 4846, otherwise
known as "The Cultural Properties Preservation and 2. . Clearly, the cultural properties of the nation which shall
Protection Act;" be under the protection of the state are classified as the
2. whether the paintings and silverware are properties of "important cultural properties" and the "national cultural
public dominion on which can be disposed of through the treasures." "Important cultural properties" are cultural
joint concurrence of the President and Congress; properties which have been singled out from among the
innumerable cultural properties as having exceptional
Before proceeding, we wish to emphasize that we admire historical cultural significance to the Philippines but are not
and commend petitioners' zealous concern to keep and sufficiently outstanding to merit the classification of
preserve within the country great works of art by well- national cultural treasures. On the other hand, a "national
known old masters. Indeed, the value of art cannot be cultural treasures" is a unique object found locally,
gainsaid. For, by serving as a creative medium through possessing outstanding historical, cultural, artistic and/or
which man can express his innermost thoughts and scientific value which is highly significant and important to
unbridled emotions while, at the same time, reflecting his this country and nation. This Court takes note of the
deep-seated ideals, art has become a true expression of certification issued by the Director of the Museum that the
beauty, joy, and life itself. Such artistic creations give us Italian paintings and silverware subject of this petition do
insights into the artists' cultural heritage the historic past not constitute protected cultural properties and are not
of the nation and the era to which they belong in their among those listed in the Cultural Properties Register of the
triumphant, glorious, as well as troubled and turbulent National Museum.
years. It must be for this reason that the framers of the 1987
Constitution mandated in Art. XIV, Sec. 14, that is the We agree with the certification of the Director of the
solemn duty of the state to "foster the preservation, Museum. Under the law, it is the Director of the Museum
enrichment, and dynamic evolution of a Filipino national who is authorized to undertake the inventory, registration,
culture based on the principle of unity in diversity in a designation or classification, with the aid of competent
climate of free artistic and intellectual expression." And, in experts, of important cultural properties and national
urging this Court to grant their petition, petitioners invoke cultural treasures. 21 Findings of administrative officials and
this policy of the state on the protection of the arts. agencies who have acquired expertise because their
Petitioners claim that as Filipino citizens, taxpayers and jurisdiction is confined to specific matters are generally
artists deeply concerned with the preservation and accorded not only respect but at times even finality if such
protection of the country's artistic wealth, they have the findings are supported by substantial evidence and are
legal personality to restrain respondents Executive controlling on the reviewing authorities because of their
Secretary and PCGG from acting contrary to their public acknowledged expertise in the fields of specialization to
duty to conserve the artistic creations as mandated by the which they are assigned.
1987 Constitution, particularly Art. XIV, Secs. 14 to 18, on
Arts and Culture, and R.A. 4846 known as "The Cultural In view of the foregoing, this Court finds no compelling
Properties Preservation and Protection Act," governing the reason to grant the petition. Petitioners have failed to show
preservation and disposition of national and important that respondents Executive Secretary and PCGG exercised
cultural properties. Petitioners also anchor their case on the their functions with grave abuse of discretion or in excess of
premise that the paintings and silverware are public their jurisdiction.
properties collectively owned by them and by the people in
general to view and enjoy as great works of art. They allege 6. Minamata Convention on Mercury
that with the unauthorized act of PCGG in selling the art - in relation with Peoples small scale mining in the Phil.
pieces, petitioners have been deprived of their right to
public property without due process of law in violation of The Convention opened for signature at the Diplomatic
the Constitution. Conference in Kumamoto, Japan, on October 10, 2013. The
Convention will enter into force after 50 countries have
Petitioners' arguments are devoid of merit. They lack basis joined.
in fact and in law. They themselves allege that the paintings
were donated by private persons from different parts of the The Convention is named after the Japanese city of
world to the Metropolitan Museum of Manila Foundation, Minamata, which experienced a severe, decades-long
which is a non-profit and non-stock corporations incidence of mercury poisoning after industrial wastewater
established to promote non-Philippine arts. The from a chemical factory was discharged into Minamata Bay.
foundation's chairman was former First Lady Imelda R. The wastewater contained methylmercury, which
Marcos, while its president was Bienvenido R. Tantoco. On bioaccumulated in fish and shellfish in the bay. Local people
this basis, the ownership of these paintings legally belongs


who consumed seafood from Minamata Bay became very research and monitoring. It also requires Parties to report
sick, and many died or were left severely disabled. on measures taken to implement certain provisions. The
How does mercury threaten our health? Convention will be periodically evaluated to assess its
effectiveness at meeting its objective of protecting human
Exposure to mercury threatens our health, with many often health and the environment from mercury pollution.
irreversible toxic effects. Developing fetuses and young
children are most at risk. Mercury pollution also harms Summary of the Minamata Treaty on Mercury on the
wildlife and ecosystems. basis of conference room papers (CRPs) at the end of
INC 5. [28 January 2013]
Mercury occurs naturally in the earths crust, but human
activities, such as mining and fossil fuel combustion, have Preamble (CRP 53) - Reaffirms the Rio+20 principles
led to widespread global mercury pollution. Mercury including common but differentiated responsibilities;
emitted into the air eventually settles into water or onto Recognizes the health concerns of vulnerable populations
land where it can be washed into water. Once deposited, and particular vulnerabilities of indigenous communities;
certain microorganisms can change it into methylmercury, a Discusses the importance of financial, technical,
highly toxic form that builds up in fish, shellfish and animals technological and capacity-building support, particularly for
that eat fish. Most human exposure to mercury is from developing countries and economies in transition;
eating fish and shellfish contaminated with methylmercury, States that the Convention and other international
both in the United States and worldwide. agreements are mutually supportive and includes
references to WHO activities related to human health and
Almost all people in the world have at least trace amounts of mercury.
methylmercury in their tissues, reflecting its pervasive
presence in the environment. Some communities eat Convention Objective (Article 1, CRP 15 and 20)
significantly more quantities of fish than the general The objective of the Convention is to protect human health
population, and thus may be exposed to much greater and the environment from anthropogenic emissions and
mercury contamination than the general population. It is releases of mercury and mercury compounds.
estimated that more than 75,000 newborns in the United
States each year may have increased risk of learning Mercury supply sources and trade (Article 3, CRP 55)
disabilities associated with in-utero exposure to New mercury mines in a country are prohibited as of the
methylmercury. date the Convention enters into force by that government;
Existing mines in a country must be phased out within 15
Why is a global response needed? years of the date the Convention enters into force by that
Mercury pollution is a global problem that requires global government;
action because it moves with air and water, transcends Mercury from mercury mines and chlor-alkali plant
political borders, and can be transported thousands of miles decommissioning cannot be used for small-scale gold
in the atmosphere. mining once the Convention comes into force;
Mercury from decommissioning chlor-alkali plants
What will the Minamata Covention require? (factories using mercury to make chlorine and caustic soda,
The Minamata Convention, once in force, will require party required to be phased out by 2025), cannot be sold or
nations to: reused except within the chloralkali sector itself, otherwise
a. Reduce and where feasible eliminate the use and release mercury should be directed to final disposal;
of mercury from artisanal and small-scale gold mining. The trading of mercury requires the written consent of the
b. Control mercury air emissions from coal-fired power importing country;
plants, coal-fired industrial boilers, certain non-ferrous
metals production operations, waste incineration and Mercury-added products (Article 6, CRP 54)
cement production. Parties shall discourage the manufacture and the
c. Phase-out or take measures to reduce mercury use in distribution in commerce of mercury-added products not
certain products such as batteries, switches, lights, covered by any known use prior to the date of entry into
cosmetics, pesticides and measuring devices, and create force of the Convention for it.
initiatives to reduce the use of mercury in dental Specified mercury-added products are subject to a 2020
amalgam. phase out date. These products are batteries (except silver
d. Phase out or reduce the use of mercury in manufacturing oxide and zinc air button cells), the vast majority of
processes such as chlor-alkali production, vinyl chloride switches and relays, skin lightening soaps and creams
monomer production, and acetaldehyde production. (>1ppm), pesticides, biocides (but not vaccines), topical
e. In addition, the Convention addresses the supply and antiseptics, barometers, hygrometers, manometers,
trade of mercury; safer storage and disposal, and thermometers, and blood pressure cuffs. Exceptions are
strategies to address contaminated sites. provided for calibration and scientific research, and certain
f. The Convention includes provisions for technical replacement applications;
assistance, information exchange, public awareness, and


The use of mercury in dental amalgam, are subject to Releases (Article 11, CRP 55)
requirements in Annex C, Part II, which specifies that Mercury releases to water and land from relevant sources
parties shall undertake two or more of the measures listed not addressed elsewhere in the convention shall be
to phase down amalgam use; identified within 3 years of entry into force of the
Manufacturing processes in which mercury or mercury Convention by that government and are to be controlled
compounds are used (Article 7, CRP 55) and, where feasible, reduced;
Mercury is not allowed in a facility that did not exist prior Control measures include a wide range of possible
to the date of entry into force of the Convention; regulatory regimes;
Parties shall discourage the development of any new Environmentally sound interim storage of mercury, other
process in which mercury is used that did not exist prior to than waste mercury (Article 12, CRP 35)
the date of entry into force of the Convention; Measures need to be taken to ensure that the interim
The mercury cell chlor-alkali plants are subject to a 2025 storage of mercury intended for a use allowed is undertaken
phase out date. The manufacture of acetaldehyde using in an environmentally sound manner, taking into account
mercury is to be phased out by 2018; any existing guidelines; specific requirements for interim
The manufacture of vinyl chloride monomer, polyurethane, storage may be developed at a later stage by the Conference
and sodium methylate are subject to phase down of the Parties (COP).
requirements;
Exemptions available to a Party upon request (Article 8, Mercury wastes (Article 13, CRP 35)
CRP 55) Appropriate measures shall be taken so that mercury
The phase out dates for products and the chlor-alkali waste is managed in an environmentally sound manner on
sector may be extended if a country requests an exemption. the basis of specific requirements that will be developed by
An initial five year extension will be easy to get; the second the COP.
and last possible five year extension is subject to review and The Basel Convention applies on the transport of mercury
approval by all Parties to the Convention; waste, and non parties to the Basel Convention should take
Artisanal and small-scale gold mining (Article 9, from INC 4- into account relevant international rules, standards, and
para 5 deleted at INC 5) guidelines.
To address mercury use in small-scale gold mining, if
determined use is more than insignificant, governments Contaminated sites (Article 14, CRP 55)
must develop and implement national action plans (NAP) no Requires parties to endeavor to develop appropriate
later than 3 years after strategies that can be developed for identifying and
Convention enters into force and report progress every 3 assessing sites contaminated by mercury, and actions to
years thereafter reduce relevant risks has to be performed in an
NAP designed to prohibit the worst practices, undertake environmentally safe manner;
measures to reduce and where feasible eliminate mercury Guidance on managing contaminated sites is to be adopted
use over time. by the COP at a later stage.
To send the right market signals to miners and reduce
mercury availability, mercury from mercury mines and Financial Resources and Mechanism (Art. 15, CRP 52)
chlor-alkali plant decommissioning cannot be used for A special trust fund will be created within the Global
small-scale gold mining once the Environmental Facility to support developing nations as
Convention comes into force; they undertake activities to implement this Convention, and
Emissions (Article 10, CRP 55) an additional source of funds will be made available to
Air emissions from coal-fired power plants and industrial provide general capacity-building and technical assistance
boilers; lead, zinc, copper, and industrial gold roasting and (perhaps ongoing support for focal points in developing
smelting processes; cement plants; and waste incinerators countries working on multiple chemical treaties).Both will
will be covered by the treaty. New (and substantially be operated under the guidance of and be accountable to
modified) sources within these sectors will be subject to the Conference of the Parties.
BAT/BEP
(Best Available Techniques/Best Environmental Practices) Implementation and compliance committee (Art. 17,
latest 5 years after the Convention comes into force, where CRP 51)
feasible, for that government, but existing sources (in An implementation and compliance committee will be
existence one year after the established to promote implementation of, and review
Convention comes into force for that government) are compliance with, all provisions of the Convention.
subject to a wider range of possible regulatory regimes, Information exchange (Article 18, CRP 15 and 20)
taking into account its national circumstances, and the Requires parties to facilitate exchange of information on
economic and technical feasibility, and affordability of the scientific, economic and legal information concerning
measures, as soon as practicable that need not be applied mercury and mercury compounds; on viable alternatives to
until 10 years after the Convention comes into force for that mercury use in products and processes; and on
government; epidemiological information on health impacts from
mercury.


Each party shall designate a national focal contact points is the president of Solar Philippines. In November 2014, his
for information exchange company activated SM North Edsas solar-powered rooftop -
Health and safety information shall not be regarded as - the biggest in the world.
confidential
Health (Article 20bis, CRP 35) By definition, the term renewable energy resources or,
Parties are encouraged to promote strategies to identify simply, renewables, refers to energy resources that do not
and protect populations at risk, implement programs to have an upper limit on the total quantity to be used. These
prevent occupational exposure and strengthen health include biomass, solar, wind, geothermal, ocean energy, and
professional capacities for reducing exposure risks to hydropower, among others, which conform with
mercury internationally accepted standards.

National Implementation Plans (Article 21, CRP 50) In December 2008, the Philippines enacted Republic Act
Parties, may develop and execute a national (RA) No. 9513, also known as the Renewable Energy Act of
implementation plan (NIP) for meeting the obligations 2008. The Implementing Rules and Regulations were issued
under the convention, following an initial assessment of the in May 2009. The law affirmed the governments
domestic implications of each obligation for that Party commitment to accelerate the exploration and development
Parties should consult with national stakeholders in the of Philippine renewable energy resources.
development, implementation, review and updating of NIPs
RA 9513 declared the States policy to achieve energy
Evaluation (Article 23, CRP 26) security by reducing reliance on fossil fuels and minimizing
Conference of the Parties shall evaluate the Conventions exposure to price fluctuations in oil markets. The
effectiveness no later than 6 years after the date of entry government agencies tasked to implement the law include
into force the Department of Energy, the Energy Regulatory
Commission, and the National Renewable Energy Board.
Entry into force (Article 32, CRP 15)
Fifty (50) countries will need to sign the Treaty so that it RA 9513 also seeks to increase the utilization of renewable
enters into force energy resources by developing national and local
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - capabilities in the use of renewable energy systems, and
HW for March 28: promoting their efficient and effective application by
1. Renewable Energy Act (RA 9513) offering fiscal and non-fiscal incentives.
2. RA 6716: Rainwater Collection/Development of
Springs These incentives include: (1) income tax holiday; (2) duty-
Cases: free importation of renewable machinery, equipment, and
a. Mustang Lumber Corp v. CA materials; (3) special realty tax rates; (4) net operating loss
b. Prinsipe v. Fact Finding and Investigation Bureau carry-over; (5) corporate tax rate of 10%; (6) accelerated
[FFIB] depreciation of plant, machinery, and equipment; (7) 0%
c. Balikas v. FFIB value-added tax rate; (8) tax exemption on carbon credits;
d. Lipin Opadan v. Rio Tuba Nickel Mining and (9) cash incentive for missionary electrification.
e. Bangus Fry Fisherfolk v. Lanzanas
f. Tech Development Inc. v. CA In the course of developing sources of renewable energy in
---------------------------------------------------------------------------- the country, certain issues need to be addressed by
regulators, industry players, and other stakeholders.
1. Renewable Energy Act (RA 9513)
** See previous discussion for full text of RA 9513 These include: (1) high upfront cost and technologies; (2)
ARTICLE: Amicus Curiae: The law on renewable energy non-competitiveness among market players; (3) non-viable
Richmund C. Sta. Lucia | August 26, 2015 renewable energy markets; (4) inaccessible financial
packages; and (5) social acceptability.
Renewable energy offers an alternative to traditional fossil
fuels (e.g., coal, natural gas, and petroleum). The trend is to Moreover, other issues which are inherent in renewable
shift to renewable energy, also known as green energy or energy regulation (especially in relation to incentives)
clean energy. consist of: (1) implementation of Feed-in Tariff rules; (2)
setting of Renewable Portfolio Standards; and (3)
Recently, rooftops of new commercial buildings in France formulation of guidelines on other renewable energy policy
are required by law to be covered either with plants or solar mechanisms, such as net metering, green energy option, etc.
photovoltaic panels. These green roofs are also popular in
Germany, Canada, and Australia. Even though there are challenges in developing the
countrys renewable energy sector, we should not be
Here in the Philippines, we can be proud of our very own discouraged; instead, we must continue to find ways to
Leandro Leviste from Yale University, who at his young age, meet those challenges with the hope that, ultimately, it will


lead the nation towards the enjoyment of sustainable green
and clean energy. Organizing and training the recipient communities in the
operation and maintenance of water systems shall be
In June 2011 during the launch of the National Renewable conducted by the DPWH prior to the turnover of such
Energy Program, President Aquino described the prospects facilities to the BWSA subject to the guidelines to be
of realizing the promise of renewable energy in the formulated by the Department.
Philippines. He best summed up why our country needs
green and clean energy: Renewable energy will fuel our Sec. 4. Submission of Report. The Department of Public
future. Works and Highways shall, within ninety (90) days after the
approval of this Act and every one hundred eighty (80) days
2. RA 6716: Rainwater Collection/Development of thereafter, submit periodic reports to the respective
Springs Committees on Public Works and Highways of both Houses
REPUBLIC ACT NO. 6716 - AN ACT PROVIDING FOR THE of the Congress of the Philippines for evaluation and
CONSTRUCTION OF WATER WELLS, RAINWATER consideration.
COLLECTORS, DEVELOPMENT OF SPRINGS AND
REHABILITATION OF EXISTING WATER WELLS IN ALL Sec. 5. Funding. The sum needed for the
BARANGAYS IN THE PHILIPPINES implementation of the construction, rehabilitation and
repair program shall be taken from any available
Section 1. Declaration of Policy. It is hereby declared to appropriations for the Department of Public Works and
be the national policy to promote the quality of life of every Highways in the General Appropriations Act for 1989:
Filipino through the provision of adequate social service provided, that funds for this purpose shall also be included
including, but not limited to, the provision of adequate in the General Appropriations Act for 1990 and 1991:
potable water supply made conveniently available to every provided, further, that the total program shall be completed
barangay in the country. not later than June 30, 1991, and: provided, finally, that
there shall be equitable and proportionate appropriations of
Sec. 2. Water Wells, Rainwater Collectors and Spring funds annually for this purpose for all provinces, cities and
Development. The Department of Public Works and municipalities.n addition, a portion of financial grants and
Highways (DPWH) shall, within thirty (30) days after the concessional loans extended to the Philippines by foreign
approval of this Act, undertake construction of water wells, governments and multilateral agencies every year, the
rainwater collectors, development of springs and amount to be determined by the President, shall be
rehabilitation of existing water wells in all barangays in the allocated by the Department of Budget and Management to
Philippines in such number as may be needed and feasible, augment the appropriations of the Department of Public
taking into consideration the population, hydrologic Works and Highways until one hundred thousand (100,000)
conditions, costs of project development and operations, water wells, rainwater collectors, and springs are completed
financial and economic factors and institutional as envisioned in this Act.
arrangements: provided, however, that the DPWH shall
deduct not more than five percent (5%) for supervision, Cases:
engineering, technical and other overhead expenses or fees: a. Mustang Lumber Corp v. CA
provided, further, that each barangay in the country shall G.R. No. 104988, June 18, 1996, 257 SCRA 430
have at least one additional potable water source. The Revised Forestry Code contains no definition of either
timber or lumber. While the former is included in forest
Sec. 3. Operation and Maintenance. In order to ensure products as defined in paragraph (q) of Section 3, the latter
the proper use of the water facilities herein provided, a is found in paragraph (aa) of the same section in the
Barangay Waterworks and Sanitation Association, herein definition of Processing plant, which reads:
referred to as BWSA, shall be formed and organized for the (aa) Processing plant is any mechanical set-up, machine or
purpose of maintaining the water facilities: provided, that combination of machine used for the processing of logs and
pending the organization of the BWSA, the water facilities other forest raw materials into lumber, veneer, plywood,
shall be operated and maintained by the barangay council. wallbond, blockboard, paper board, pulp, paper or other
finished wood products.
The BWSA shall be composed of the member-consumers This simply means that lumber is a processed log or
who shall administer, operate and maintain the completed processed forest raw material. Clearly, the Code uses the
water facility and shall be registered with the term lumber in its ordinary or common usage. In the 1993
corresponding municipal or city council. copyright edition of Websters Third New
International Dictionary, lumber is defined, inter alia, as
The BWSA may impose such minimal charges as may be timber or logs after being prepared for the market. Simply
necessary for the maintenance and normal repairs of said put, lumber is processed log or timber.
facility. Nothing herein shall prevent any resident of the
locality from using the water facility under the same terms Facts:
and conditions as the member-consumers of the BWSA.


The present suit is a consolidation of three cases, the first The Facts as found by the Court of Appeals, are as follows:
case being the one pertinent to environmental law. August 28, 1990- Philjas Corporation, whose primary
An organized team of foresters and policemen apprehended purposes, among others are: to own, develop, subdivide,
the truck belonging to Mustang Lumber, Inc. which market and provide low-cost housing for the poor, was
contained lauan and almaciga lumber of assorted sizes and registered with the Securities and Exchange Commission
dimensions. The driver was unable to produce the (SEC).
necessary legal documents, thus, the team seized the truck.
Afterwards, the team obtained a search warrant to inspect February 19, 1991 - then City Mayor Daniel S. Garcia,
the premises of Mustang Lumber. During the search, the endorsed to the Housing and Land Use Regulatory Board
team found more lumber in the lumberyard without the (HLURB) the proposed CHS.
necessary papers. Thus, the lumbers were confiscated.
Secretary Factoran ordered the disposal of the confiscated Thereafter, or on 07 March 1991, based on the favorable
lumber. recommendation of Mayor Garcia, respondent TAN, issued
the Preliminary Approval and Locational Clearance (PALC)
A complaint against Mustang Lumbers president and for the development of CHS.
general manager was filed in court. Mustang Lumber filed a
motion to quash on the ground that the information does On July 5, 1991, then HLURB Commissioner respondent
not charge an offense. TUNGPALAN issued Development Permit No. 91-0216 for
According to Mustang Lumber, the possession of lumber as land development only for the entire land area of 12.1034
opposed to timber is not penalized under Section 68 of PD hectares covered by TCT No. 35083 (now TCT 208837) and
No. 705. with 1,003 saleable lots/units with project classification B.
P. 220 Model A-Socialized Housing (p. 96, Records), with
Issue: Whether possession of lumber, as opposed to timber, several conditions for its development.
is penalized in Section 68 of PD No. 705.
Three (3) days thereafter or on July 8, 1991, respondent
Ruling: Yes. The possession of lumber is covered by Section JASARENO, allowed/granted the leveling/earth-moving
68 of PD No. 705. While the Revised Forestry Code does not operations of the development project of the area subject to
contain any definition of timber or lumber, it does define certain conditions.
forest products. The definition of Processing Plant includes
lumber, to wit: [p]rocessing plant is any mechanical set-up, On November 18, 1991, then HLURB Commissioner AMADO
machine or combination of machine used for the processing B. DELORIA issued Certificate of Registration No. 91-11-
of logs and other forest raw materials into lumber, veneer, 0576 in favor of CHS, with License to Sell No. 91-11-0592
plywood, wallbond, blockboard (sic), paper board, pulp, for the 1,007 lots/units in the subdivision.
paper or other finished wood products.
Eventually, on December 10, 1991, respondent POLLISCO
This simply means that lumber is a processed log or issued Small Scale Mining Permit (SSMP) No. IV-316 to
processed forest raw material. Clearly, the Code uses the Philjas to extract and remove 10,000 cu. meters of filling
term lumber in its ordinary or common usage. In the 1993 materials from the area where the CHS is located.
copyright edition of Websters Third New International
Dictionary, lumber is defined, inter alia, as timber or logs Thereafter, or on January 12, 1994, Philjas applied for a
after being prepared for the market. Simply put, lumber is a Small Scale Mining Permit (SSMP) under P. D. 1899 with the
processed log or timber. Rizal Provincial Government to extract and remove 50,000
metric tons of filling materials per annum on CHS 2.8
b. Principe v. Fact Finding and Investigation Bureau hectares.
[FFIB]
EN BANC [G.R. No. 145973. January 23, 2002] Thus, on January 17, 1994, respondent MAGNO, informed
ELIEZER I. RODRIGUEZ of Philjas that CHS is within the EIS
ANTONIO G. PRINCIPE, petitioner, vs. FACT-FINDING & System and as such must secure ECC from the DENR. Philjas
INTELLIGENCE, BUREAU (FFIB), OFFICE OF THE was accordingly informed of the matter such that it applied
OMBUDSMAN, for the issuance of ECC from the DENR-Region IV, on
PARDO, J.: February 3, 1994.

The Case is a petition for review on certiorari seeking to On March 12, 1994, an Inspection Report allegedly prepared
reverse the decision of the Court of Appeals[1] affirming the by respondent BALICAS, attested by respondent RUTAQUIO
Ombudsmans dismissal of petitioner from the government and approved by respondent TOLENTINO re: field
service for gross neglect of duty in connection with the evaluation to the issuance of ECC, was submitted.
collapse of the housing project at the Cherry Hills
Subdivision, Antipolo City, on August 3, 1999. Consequently, on April 28, 1994, upon recommendation of
respondent TOLENTINO, Philjas application for ECC was


approved by respondent PRINCIPE, then Regional Executive petitioners position, immediately concluded that as the
Director, DENR under ECC-137-RI-212-94. signing and approving authority of the ECC issued to
PHILJAS, it was incumbent upon petitioner to conduct actual
A Mining Field Report for SSMP dated May 10, 1994 was monitoring and enforce strict compliance with the terms
submitted pursuant to the inspection report prepared by and conditions of the ECC.
respondents CAYETANO, FELICIANO, HILADO and BURGOS,
based on their inspection conducted on April 25 to 29, 1994. The applicable administrative orders provide that the
The report recommended, among others, that the proposed function of monitoring environmental programs, projects
extraction of materials would pose no adverse effect to the and activities in the region is lodged with the Regional
environment. Technical Director, not with the Regional Executive
Director, the position occupied by petitioner. Under DAO
Records further disclosed that on August 10, 1994, 38-1990, the following were the functions attached to the
respondent BALICAS monitored the implementation of the office of petitioner, to wit:
CHS Project Development to check compliance with the
terms and conditions in the ECC. Again, on August 23, 1995, I. REGULATORY MATTERS
she conducted another monitoring on the project for the
same purpose. In both instances, she noted that the project D. REGIONAL EXECUTIVE DIRECTOR
was still in the construction stage hence, compliance with 1. Forest Management
the stipulated conditions could not be fully assessed, and 2. Land Management
therefore, a follow-up monitoring inspection was the last 3. Mines and Geo-Sciences Development
one conducted by the DENR. 4. Environmental Management
4.1 Issues authority to construct and permit to operate
On September 24, 1994, GOV. CASIMIRO I. YNARES, JR., pollution control equipment/devices including the
approved the SSMP applied for by Philjas under SSMP No. collection of corresponding fees/charges.
RZL-012, allowing Philjas to extract and remove 50,000 4.2 Issues accreditation of pollution control office of
metric tons of filling materials from the area for a period of industrial firms and local government entities.
two (2) years from date of its issue until September 6, 4.3 Hears/gathers evidences or facts on pollution cases as
1996.[2] delegated by the Pollution Adjudication Board.
4.4. Approves plans and issues permit for mine tailings
On November 15, 1999, the Ombudsman rendered a disposal, including environmental rehabilitation plans.[9]
decision finding petitioner Principe administratively liable
for gross neglect of duty and imposing upon him the penalty Clearly, there is no mention of the responsibility of a
of dismissal from office. regional executive director to monitor projects. More
apropos is the description of the functions of a regional
On January 4, 2000, petitioner filed with the Court of technical director, to wit:
Appeals a petition for review assailing the decision of the
Ombudsman.[4] E. REGIONAL TECHNICAL DIRECTOR

On August 25, 2000, the Court of Appeals promulgated a 1. Forest Management
decision denying the petition and affirming the decision of 2. Land Management
the Ombudsman.[5] 3. Mines and Geo-Sciences Development
4. Environmental Management
Hence, this appeal. 4.1 Issues clearance certificate to vehicles which have
passed the smoke-belching test.
The Issue raised is whether the Ombudsman may dismiss 4.2 Issues pollution clearance and temporary permit to
petitioner from the service on an administrative charge for operate pollution control devices including the collection of
gross neglect of duty, initiated, investigated and decided by corresponding fees/charges.
the Ombudsman himself without substantial evidence to 4.3 Conducts monitoring and investigation of pollution
support his finding of gross neglect of duty because the duty sources and control facilities.
to monitor and inspect the project was not vested in 4.4 Supervises, coordinates and monitors the
petitioner. implementation of environmental programs, projects and
activities in the region.[10] [emphasis supplied]
The Court's Ruling
Furthermore, monitoring is defined in DAO No. 21, Series of
Republic Act No. 6770, Section 15, prescribed the powers of 1992, as the activity designed to gauge the level of
the Ombudsman. compliance with the conditions stipulated in the ECC,[11]
and in the EIS[12] or PD[13] submitted.[14] This is the
The Ombudsman without taking into consideration the function of the PENR and CENR offices as mandated in DAO
lawfully mandated duties and functions attached to No. 37, Series of 1996.[15] Particularly, it provided that:


(2) The State shall likewise recognize and apply a true value
Section 10. Compliance Monitoring system that takes into account social and environmental
x x x cost implications relative to the utilization, development
b. Monitoring of compliance with the proponents ECC issued and conservation of our natural resources.
pursuant to an IEE,[16] and applicable laws, rules and
regulations, shall be undertaken by the concerned PENRO Section 2. Mandate.- (1) The Department of Environment
and CENRO with support from the Regional Office and/or and Natural Resources shall be primarily responsible for the
EMB whenever necessary. implementation of the foregoing policy.

Hence, how could petitioner be guilty of neglecting a duty, (2) It shall, subject to law and higher authority, be in charge
which is not even his to begin with? Administrative liability of carrying out the States constitutional mandate to control
could not be based on the fact that petitioner was the and supervise the exploration, development, utilization, and
person who signed and approved the ECC, without proof of conservation of the countrys natural resources.[19]
actual act or omission constituting neglect of duty.
However, pursuant to Executive Order No. 90,[20] the
In the absence of substantial evidence of gross neglect of Human Settlements Regulatory Commission, which became
petitioner, administrative liability could not be based on the the Housing and Land Use Regulatory Board (HLURB), is the
principle of command responsibility.[17] The negligence of sole regulatory body for housing and land development.[21]
petitioners subordinates is not tantamount to his own
negligence. The Fallo: WHEREFORE, the Court REVERSES the decision
of the Court of Appeals.[22] In lieu thereof, the Court annuls
It was not within the mandated responsibilities of petitioner the decision of the Ombudsman in OMB-ADM-09-661, dated
to conduct actual monitoring of projects. The principles December 1, 1999, dismissing the petitioner from the
governing public officers under the Revised Administrative government service, and orders his reinstatement with back
Code of 1987 clearly provide that a head of a department or pay and without loss of seniority.
a superior officer shall not be civilly liable for the wrongful
acts, omissions of duty, negligence, or misfeasance of his c. Balicas v. FFIB
subordinates, unless he has actually authorized by written SECOND DIVISION [G.R. No. 145972. March 23, 2004]
order the specific act or misconduct complained of.[18]
IGNACIA BALICAS, petitioner, vs. FACT-FINDING &
The investigation conducted by the Ombudsman refers to INTELLIGENCE BUREAU (FFIB), OFFICE OF THE
the tragic incident in Cherry Hills Subdivision, Antipolo OMBUDSMAN, respondent.
Rizal, where several families lost lives and homes. Despite QUISUMBING, J.:
the fact that what was involved was a housing and land
development project, petitioner, as the Regional Executive This petition for review on certiorari assails the Court of
Director for Region IV, Department of Environment and Appeals decision[1] dated August 25, 2000 and
Natural Resources, was found negligent because he was the resolution[2] of November 13, 2000 in CA-G.R. SP No.
one who signed and approved the ECC. 56386, which affirmed the Ombudsmans decision[3]
dismissing petitioner from government service for gross
As heretofore stated, the responsibility of monitoring neglect of duty in connection with the tragedy at the Cherry
housing and land development projects is not lodged with Hills Subdivision in Antipolo City on August 3, 1999.
the office of petitioner. The Administrative Code of 1987
spelled out the mandate of the Department of Environment The antecedent facts as summarized in the Ombudsmans
and Natural Resources, the agency that has authority over decision are as follows:
petitioner, which reads:
Based on the evidence adduced by the complainant, the
Section 1. Declaration of Policy.- (1) The State shall ensure following is the chronological series of events which led to
for the benefit of the Filipino people, the full exploration and the development of the CHS (Cherry Hills Subdivision):
development as well as the judicious disposition, utilization,
management, renewal and conservation of the countrys August 28, 1990 Philjas Corporation, whose primary
forest, mineral, land, waters, fisheries, wildlife, off-shore purposes, among others are: to own, develop, subdivide,
areas and other natural resources, consistent with the market and provide low-cost housing for the poor, was
necessity of maintaining a sound ecological balance and registered with the Securities and Exchange Commission
protecting and enhancing the quality of the environment (SEC).
and the objective of making the exploration, development
and utilization of such natural resources equitably February 19, 1991 then City Mayor Daniel S. Garcia,
accessible to the different segments of the present as well as endorsed to the Housing and Land Use Regulatory Board
future generations. (HLURB) the proposed CHS.


Thereafter, or on 07 March 1991, based on the favorable Records further disclosed that on August 10, 1994,
recommendations of Mayor Garcia, respondent TAN, issued respondent BALICAS monitored the implementation of the
the Preliminary Approval and Locational Clearance (PALC) CHS Project Development to check compliance with the
for the development of CHS. terms and conditions in the ECC. Again, on August 23, 1995,
she conducted another monitoring on the project for the
On July 5, 1991, then HLURB Commissioner respondent same purpose. In both instances, she noted that the project
TUNGPALAN issued Development Permit No. 91-0216 for was still in the construction stage hence, compliance with
land development only for the entire land area of 12.1034 the stipulated conditions could not be fully assessed, and
hectares covered by TCT No. 35083 (now TCT 208837) and therefore, a follow-up monitoring is proper. It appeared
with 1,003 saleable lots/units with project classification B.P. from the records that this August 23, 1995 monitoring
220 Model A-Socialized Housing (p. 96, Records), with inspection was the last one conducted by the DENR.
several conditions for its development.
On September 24, 1994, GOV. CASIMIRO I. YNARES, JR.,
Three (3) days thereafter or on July 8, 1991, respondent approved the SSMP applied for by Philjas under SSMP No.
JASARENO, allowed/granted the leveling/earth-moving RZL-012, allowing Philjas to extract and remove 50,000
operations of the development project of the area subject to metric tons of filling materials from the area for a period of
certain conditions. two (2) years from date of its issue until September 6,
1996.[4]
On November 18, 1991, then HLURB Commissioner AMADO
B. DELORIA issued Certificate of Registration No. 91-11- Immediately after the tragic incident on August 3, 1999, a
0576 in favor of CHS, with License to Sell No. 91-11-0592 fact-finding investigation was conducted by the Office of the
for the 1,007 lots/units in the subdivision. Ombudsman through its Fact-Finding and Intelligence
Bureau (FFIB), which duly filed an administrative complaint
Eventually, on December 10, 1991, respondent POLLISCO with the Office of the Ombudsman against several officials of
issued Small Scale Mining Permit (SSMP) No. IV-316 to the Housing and Land Use Regulatory Board (HLURB),
Philjas to extract and remove 10,000 cu. meters of filling Department of Environment and Natural Resources (DENR),
materials from the area where the CHS is located. and the local government of Antipolo.

Thereafter, or on January 12, 1994, Philjas applied for a The charge against petitioner involved a supposed failure
Small Scale Mining Permit (SSMP) under P.D. 1899 with the on her part to monitor and inspect the development of
Rizal Provincial Government to extract and remove 50,000 Cherry Hills Subdivision, which was assumed to be her duty
metric tons of filling materials per annum on CHS 2.8 as DENR senior environmental management specialist
hectares. assigned in the province of Rizal.

Thus, on January 17, 1994, respondent MAGNO, informed For her part, petitioner belied allegations that monitoring
ELIEZER I. RODRIGUEZ of Philjas that CHS is within the EIS was not conducted, claiming that she monitored the
System and as such must secure ECC from the DENR. Philjas development of Cherry Hills Subdivision as evidenced by
was accordingly informed of the matter such that it applied three (3) monitoring reports dated March 12, 1994, August
for the issuance of ECC from the DENR-Region IV, on 10, 1994 and August 23, 1995. She averred that she also
February 3, 1994. conducted subsequent compliance monitoring of the terms
and conditions of Philjas Environmental Compliance
On March 12, 1994, an Inspection Report allegedly prepared Certificate (ECC) on May 19, 1997 and noted no violation
by respondent BALICAS, attested by respondent RUTAQUIO thereon. She further claimed good faith and exercise of due
and approved by respondent TOLENTINO re: field diligence, insisting that the tragedy was a fortuitous event.
evaluation to the issuance of ECC, was submitted. She reasoned that the collapse did not occur in Cherry Hills,
but in the adjacent mountain eastern side of the subdivision.
Consequently, on April 28, 1994, upon recommendations of
respondent TOLENTINO, Philjas application for ECC was On November 15, 1999, the Office of the Ombudsman
approved by respondent PRINCIPE, then Regional Executive rendered a decision imposing upon petitioner the supreme
Director, DENR under ECC-137-R1-212-94. penalty of dismissal from office for gross neglect of duty
finding:
A Mining Field Report for SSMP dated May 10, 1994 was
submitted pursuant to the inspection report prepared by RESPONDENT BALICAS
respondents CAYETANO, FELICIANO, HILADO and BURGOS,
based on their inspection conducted on April 25 to 29, 1994. Records show that she monitored and inspected the CHS
The report recommended, among others, that the proposed [Cherry Hills Subdivision] only thrice (3). Verily, with this
extraction of materials would pose no adverse effect to the scant frequency, how can respondent Balicas sweepingly
environment. claim that there was no violation of ECC compliance and
that she had done what is necessary in accordance with the


regular performance of her duties. She herself recognized which defines the duties of a senior environmental
the fact that the collapsed area is not the subdivision in management specialist as follows:
question but the adjacent mountain eastern side of the CHS.
It is incumbent upon her to establish the same in her 1. Conducts investigation of pollution sources or
monitoring and inspection reports and make objective complaints;
recommendations re: its possible adverse effect to the 2. Review[s] plans and specifications of proposes (sic) or
environment and to the residents of the CHS and nearby existing treatment plants and pollution abatement
areas. Her defense that the position of the CHS shows the structures and devices to determine their efficiency and
impossibility of checking the would-be adverse effect clearly suitability for the kind of pollutants to be removed and to
established her incompetence. No expert mind is needed to recommend issuance or denial of permits;
know that mountains cause landslide and erosion. Cherry 3. Conducts follow-up inspection of construction of
Hills Subdivision is a living witness to this.[5] pollution abatement/work and structures to oversee
compliance with approved plans and specifications;
Petitioner seasonably filed a petition for review of the 4. Recommends remedial measures for the prevention,
Ombudsmans decision with the Court of Appeals. In its abatement and control of pollution;
decision dated August 25, 2000, the Court of Appeals 5. Prepares technical reports on pollution investigation and
dismissed the petition for lack of merit and affirmed the related activities; and
appealed decision. It found that the landslide was a 6. Performs related work as assigned.
preventable occurrence and that petitioner was guilty of
gross negligence in failing to closely monitor Philjas It is readily apparent that no monitoring duty whatsoever is
compliance with the conditions of the ECC given the known mentioned in the said letter. The PENRO, on the other hand,
inherent instability of the ground where the subdivision is mandated to:
was developed. The appellate court likewise denied
petitioners motion for reconsideration in its resolution 1. conduct surveillance and inspection of pollution sources
dated November 13, 2000. and control facilities and undertake/initiate measures
relative to pollution-related complaints of the general public
Petitioner now comes to this Court for review on certiorari, for appropriate referral to the regional office;
under Rule 45 of the Rules of Civil Procedure, of the 2. comment on the project description, determine if the
appellate courts decision. She alleges that the Court of project fall within the Environmental Impact Statement
Appeals committed serious errors of law in affirming the (EIS) System[8] and submit the same to the regional office;
Ombudsmans conclusion that: and
3. implement programs and projects related to
1 There was gross negligence on the part of petitioner environmental management within the PENRO.[9]
Balicas in the performance of her official duties as Senior
Environmental Management Specialist (SEMS) of the In addition, the PENRO is likewise tasked to monitor the
Provincial Environment and Natural Resources Office project proponents compliance with the conditions
(PENRO) Province of Rizal, DENR Region IV; and the alleged stipulated in the ECC, with support from the DENR regional
gross neglect of duty of petitioner warranted the imposition office and the Environmental Management Bureau.[10] The
of the extreme penalty of dismissal from the service. primary purpose of compliance monitoring is to ensure the
judicious implementation of sound and standard
2. The landslide which caused the death of several residents environmental quality during the development stage of a
of the subdivision and the destruction of property is not a particular project. Specifically, it aims to:
fortuitous event and therefore preventible.[6]
1. monitor project compliance with the conditions set in the
The main issues are whether or not the Court of Appeals ECC;
committed serious errors of law in: (1) holding petitioner 2. monitor compliance with the Environmental Management
guilty of gross neglect of duty and (2) imposing upon her Plan (EMP) and applicable laws, rules and regulations; and
the extreme penalty of dismissal from office. 3. provide a basis for timely decision-making and effective
planning and management of environmental measures
In order to ascertain if there had been gross neglect of duty, through the monitoring of actual project impacts vis--vis
we have to look at the lawfully prescribed duties of predicted impacts in the EIS.[11]
petitioner. Unfortunately, DENR regulations are silent on
the specific duties of a senior environmental management Based on the foregoing, the monitoring duties of the PENRO
specialist. Internal regulations merely speak of the functions mainly deal with broad environmental concerns,
of the Provincial Environment and Natural Resources Office particularly pollution abatement. This general monitoring
(PENRO) to which petitioner directly reports. duty is applicable to all types of physical developments that
may adversely impact on the environment, whether housing
Nonetheless, petitioner relies on a letter[7] dated December projects, industrial sites, recreational facilities, or scientific
13, 1999 from the chief of personnel, DENR Region IV, undertakings.


The rationale for our decision in Principe bears reiteration:
However, a more specific monitoring duty is imposed on the the responsibility of monitoring housing and land
HLURB as the sole regulatory body for housing and land development projects is not lodged with the DENR, but with
development. It is mandated to encourage greater private the HLURB as the sole regulatory body for housing and land
sector participation in low-cost housing through (1) development. Thus, we must stress that we find no legal
liberalization of development standards, (2) simplification basis to hold petitioner, who is an officer of DENR, liable for
of regulations and (3) decentralization of approvals for gross neglect of the duty pertaining to another agency, the
permits and licenses.[12] HLURB. It was grave error for the appellate court to sustain
the Ombudsmans ruling that she should be dismissed from
P.D. No. 1586[13] prescribes the following duties on the the service. The reinstatement of petitioner is clearly called
HLURB (then Ministry of Human Settlements) in connection for.
with environmentally critical projects requiring an ECC:
WHEREFORE, the petition is hereby GRANTED. The Court of
SECTION 4. Presidential Proclamation of Environmentally Appeals decision affirming the Ombudsmans dismissal of
Critical Areas and Projects. The President of the Philippines petitioner IGNACIA BALICAS from office is REVERSED and
may, on his own initiative or upon recommendation of the SET ASIDE, and petitioners REINSTATEMENT to her
National Environment Protection Council, by proclamation position with back pay and without loss of seniority rights is
declare certain projects, undertakings or areas in the hereby ordered.
country as environmentally critical. No person, partnership
or corporation shall undertake or operate any such declared d. Lipin Otadan v. Rio Tuba Nickel Mining
environmentally critical project or area without first [G.R. No. 161436. June 23, 2004] SECOND DIVISION
securing an Environmental Compliance Certificate issued by
the President or his duly authorized representative. For the Gentlemen:
proper management of said critical project or area, the Quoted hereunder, for your information, is a resolution of
President may by his proclamation reorganize such this Court dated JUN 23 2004.
government offices, agencies, institutions, corporations or
instrumentalities including the re-alignment of government G.R. No. 161436 (Lipin Otadan, et al. vs. Rio Tuba Nickel
personnel, and their specific functions and responsibilities. Mining Corporation.)

For the same purpose as above, the Ministry of Human Acting on the Motion for Reconsideration dated April 26,
Settlements [now HLURB] shall: (a) prepare the proper land 2004 filed by the petitioners of this Court's Resolution dated
or water use pattern for said critical project(s) or area(s); February 23, 2004 denying their petition for review on
(b) establish ambient environmental quality standards; (c) certiorari for late filing, the Court resolved to DENY WITH
develop a program of environmental enhancement or FINALITY said motion for lack of merit. It is axiomatic that
protective measures against calamitous factors such as the perfection of an appeal in the manner and within the
earthquake, floods, water erosion and others; and (d) period prescribed by law is not only mandatory but
perform such other functions as may be directed by the jurisdictional and the failure to perfect the appeal has the
President from time to time. (Emphasis ours.) effect of rendering the judgment final and
executory.[1]cralaw
The legal duty to monitor housing projects, like the Cherry
Hills Subdivision, against calamities such as landslides due Moreover, the petitioners mainly assail the Decision dated
to continuous rain, is clearly placed on the HLURB, not on September 30, 2003 of the Court of Appeals in CA-G.R. SP
the petitioner as PENRO senior environmental management No. 75014 finding no grave abuse of discretion on the part
specialist. In fact, the law imposes no clear and direct duty of the Secretary of the Department of Environment and
on petitioner to perform such narrowly defined monitoring Natural Resources (DENR) when he issued the
function. Environmental Compliance Certificate (ECC) No. 0201-021-
313 to the respondent Rio Tuba Nickel Mining Corporation
In the related case of Principe v. Fact-Finding and for its Hydrometallurgical Processing Plant in Barangay Rio
Intelligence Bureau,[14] this Court found Antonio Principe, Tuba, Municipality of Bataraza, Palawan. The issuance of the
regional executive director for DENR Region IV who ECC is an exercise by the Secretary of the DENR of his quasi-
approved Philjas application for ECC, not liable for gross judicial functions. This Court has consistently held that the
neglect of duty. The Court reversed the decision of the Court courts will not interfere in matters which are addressed to
of Appeals and thereby annulled the decision of the the sound discretion of the government agency entrusted
Ombudsman in OMB-ADM-09-661, dated December 1, 1999, with the regulation of activities coming under the special
dismissing Principe from the government service. We and technical training and knowledge of such
ordered his reinstatement with back pay and without loss of agency.[2]cralaw It has also been held that the exercise of
seniority.[15] administrative discretion is a policy decision and a matter
that can best be discharged by the government agency
concerned, and not by the courts.[3]cralaw This Court has


likewise consistently adhered to the principle that factual facility was valid for two years counted from its date of
findings of quasi-judicial bodies which have acquired issuance or until 30 June 1999.[4]
expertise because their jurisdiction is confined to specific
matters are generally accorded not only respect but even Petitioners, claiming to be fisherfolks from Minolo, San
finality and are binding even upon the Supreme Court if Isidro, Puerto Galera,[5] sought reconsideration of the ECC
they are supported by substantial evidence.[4]cralaw issuance. RED Principe, however, denied petitioners plea on
Further, administrative agencies are given a wide latitude in 15 July 1997. On 21 July 1997, petitioners filed a complaint
the evaluation of evidence and in the exercise of its with the Regional Trial Court of Manila, Branch 7, for the
adjudicative functions. This latitude includes the authority cancellation of the ECC and for the issuance of a writ of
to take judicial notice of facts within its special injunction to stop the construction of the mooring facility.
competence.[5]cralaw The petitioners failed to present Impleaded as defendants were the following: (1) NAPOCOR,
compelling reasons to warrant the deviation by this Court (2) RED Principe, (3) DENR Region IV Technical Director for
from the foregoing salutary principles. Environment Oscar Dominguez, (4) Oriental Mindoro
Electric Cooperative (ORMECO), which is engaged in the
Likewise, the petitioners' Motion for Leave to File Attached distribution of electricity in Oriental Mindoro, and (5)
Motion for Extension of Time and Amended Petition for certain officials of Puerto Galera.[6] Petitioners
Review on Certiorari is DENIED. subsequently amended their complaint to include as
additional defendants the elective officials of Oriental
The Opposition dated May 7, 2004 filed by the respondent, Mindoro represented by then Governor Rodolfo G. Valencia.
the Letters, in the vernacular, dated May 8, 2004, of the Petitioners further prayed for the demolition of mooring
Katutubong Palawan at Katutubong Mulbog ng Barangay structures that respondents had already built.
Sarong, Bataraza, Palawan and the undated Separate
Letters, in the vernacular, of the residents of Barangay On 28 July 1997, prior to the filing of the amended
Iwahig, Sarong, and Rio Tuba, Bataraza, Palawan are complaint, the trial court issued a 20-day temporary
NOTED. restraining order enjoining the construction of the mooring
facility. However, the trial court lifted the same on 6 August
Very truly yours, 1997 on NAPOCORs manifestation that the provincial
(Sgd.) LUDICHI YASAY-NUNAG government of Oriental Mindoro was the one undertaking
Clerk of Court the construction of the mooring facility.[7]

e. Bangus Fry Fisherfolk v. Lanzanas On 28 August 1997, before filing their answers, respondents
CARPIO, J.: ORMECO and the provincial officials of Oriental Mindoro
moved to dismiss the complaint. These respondents claimed
This is a petition for review[1] of the Order[2] dated 7 that petitioners failed to exhaust administrative remedies,
November 1997 of the Regional Trial Court of Manila, rendering the complaint without cause of action. They also
Branch 7 (Manila RTC), dismissing petitioners complaint for asserted that the Manila RTC has no jurisdiction to enjoin
lack of cause of action and lack of jurisdiction. the construction of the mooring facility in Oriental Mindoro,
which lies outside the Manila RTCs territorial jurisdiction.
The Facts ; On 30 June 1997, Regional Executive Director
Antonio G. Principe (RED Principe) of Region IV, Petitioners opposed the motion on the ground that there
Department of Environment and Natural Resources (DENR), was no need to exhaust administrative remedies. They
issued an Environmental Clearance Certificate (ECC) in argued that the issuance of the ECC was in patent violation
favor of respondent National Power Corporation of Presidential Decree No. 1605,[8] Sections 26 and 27 of
(NAPOCOR). The ECC authorized NAPOCOR to construct a Republic Act No. 7160,[9] and the provisions of DENR
temporary mooring facility in Minolo Cove, Sitio Minolo, Department Administrative Order No. 96-37 (DAO 96-37)
Barangay San Isidro, Puerto Galera, Oriental Mindoro. The on the documentation of ECC applications. Petitioners also
Sangguniang Bayan of Puerto Galera has declared Minolo claimed that the implementation of the ECC was in patent
Cove, a mangrove area and breeding ground for bangus fry, violation of its terms.
an eco-tourist zone.[3]
In its order of 7 November 1997, the trial court granted the
The mooring facility would serve as the temporary docking motion and dismissed petitioners complaint.
site of NAPOCORs power barge, which, due to turbulent
waters at its former mooring site in Calapan, Oriental Hence, this petition.
Mindoro, required relocation to a safer site like Minolo
Cove. The 14.4 megawatts power barge would provide the The issue is whether the trial court erred in dismissing
main source of power for the entire province of Oriental petitioners complaint for lack of cause action and lack of
Mindoro pending the construction of a land-based power jurisdiction.
plant in Calapan, Oriental Mindoro. The ECC for the mooring
The Ruling of the Court: The petition has no merit.


over the complaint considering that its injunctive writ is not
Jurisdiction of the Manila RTC over the Case - Jurisdiction enforceable in Oriental Mindoro is academic.
over the subject matter of a case is conferred by law. Such
jurisdiction is determined by the allegations in the Clearly, the Manila RTC has jurisdiction to determine the
complaint, irrespective of whether the plaintiff is entitled to validity of the issuance of the ECC, although it could not
all or some of the reliefs sought.11 issue an injunctive writ against the DENR or NAPOCOR.
However, since the construction of the mooring facility
A perusal of the allegations in the complaint shows that could not proceed without a valid ECC, the validity of the
petitioners principal cause of action is the alleged illegality ECC remains the determinative issue in resolving
of the issuance of the ECC. The violation of laws on petitioners complaint.
environmental protection and on local government
participation in the implementation of environmentally On the Alleged Patent Illegality of the ECC
critical projects is an issue that involves the validity of Petitioners nevertheless contend that they are exempt from
NAPOCORs ECC. If the ECC is void, then as a necessary filing an appeal with the DENR Secretary because the
consequence, NAPOCOR or the provincial government of issuance of the ECC was in patent violation of existing laws
Oriental Mindoro could not construct the mooring facility. and regulations. These are (1) Section 1 of Presidential
The subsidiary issue of non-compliance with pertinent local Decree No. 1605, as amended, (2) Sections 26 and 27 of
ordinances in the construction of the mooring facility Republic Act No. 7160 (Local Government Code of 1991),
becomes immaterial for purposes of granting petitioners and (3) the provisions of DAO 96-37 on the documentary
main prayer, which is the annulment of the ECC. Thus, if the requirements for the zoning permit and social acceptability
court has jurisdiction to determine the validity of the of the mooring facility.
issuance of the ECC, then it has jurisdiction to hear and
decide petitioners complaint. Petitioners contention is without merit. While the patent
illegality of an act exempts a party from complying with the
Petitioners complaint is one that is not capable of pecuniary rule on exhaustion Of administrative remedies,22 this does
estimation. It falls within the exclusive and original not apply in the present case.
jurisdiction of the Regional Trial Courts under Section 19(1)
of Batas Pambansa Blg. 129, as amended by Republic Act Presidential Decree No. 1605
No. 7691. The question of whether petitioners should file Presidential Decree No. 1605 (PD No. 1605),23 as
their complaint in the Regional Trial Court of Manila or amended by Presidential Decrees Nos. 1605-A and 1805,
Oriental Mindoro then becomes a matter of venue, to be declares as ecologically threatened zone the coves and
determined by the residence of the parties.12 waters embraced by Puerto Galera Bay as protected by
Medio Island. This decree provides in part:
Petitioners main prayer is the annulment of the ECC. The
principal respondent, DENR Region IV, has its main office at Section 1. Any provision of law to the contrary
the L & S Building, Roxas Boulevard, Manila. Regional notwithstanding, the construction of marinas, hotels,
Executive Director Principe of the DENR Region IV, who restaurants, other commercial structures; commercial or
issued the ECC, holds office there. Plainly, the principal semi-commercial wharfs [sic]; commercial docking within
respondent resides in Manila, which is within the territorial the enclosed coves of Puerto Galera; the destruction of its
jurisdiction of the Manila RTC. Thus, petitioners filed their mangrove stands; the devastation of its corals and coastline
complaint in the proper venue. by large barges, motorboats, tugboat propellers, and any
form of destruction by other human activities are hereby
On the other hand, the jurisdiction of Regional Trial Courts prohibited.
to issue injunctive writs is limited to acts committed or
about to be committed within their judicial region.13 Section 2. x x x
Moreover, Presidential Decree No. 1818 (PD No. 1818)
prohibited14 courts from issuing injunctive writs against No permit for the construction of any wharf, marina, hotel,
government infrastructure projects like the mooring facility restaurants and other commercial structures in Puerto
in the present case. Republic Act No. 8975 (RA No. 8975), Galera shall be issued without prior approval of the Office of
which took effect on 26 November 2000, superseded PD No. the President upon the recommendation of the Philippine
1818 and delineates more clearly the coverage of the Tourism Authority. (Emphasis supplied)
prohibition, reserves the power to issue such writs
exclusively with this Court, and provides penalties for its NAPOCOR claims that since Minolo Cove lies outside of
violation.15 Obviously, neither the Manila RTC nor the Puerto Galera Bay as protected by Medio Island,24 PD No.
Oriental Mindoro RTC can issue an injunctive writ to stop 1605 does not apply to this case. However, petitioners
the construction of the mooring facility. Only this Court can assert that Minolo Cove is one of the enclosed coves of
do so under PD No. 1818 and later under RA No. 8975. Thus, Puerto Galera25 and thus protected under PD No. 1605.
the question of whether the Manila RTC has jurisdiction This is a question of fact that the DENR Secretary should
have first resolved. In any event, there is no dispute that


NAPOCOR will use the mooring facility for its power barge Thus, the projects and programs mentioned in Section 27
that will supply 14.4 megawatts of electricity to the entire should be interpreted to mean projects and programs
province of Oriental Mindoro, including Puerto Galera. The whose effects are among those enumerated in Sections 26
mooring facility is obviously a government-owned public and 27, to wit, those that: (1) may cause pollution; (2) may
infrastructure intended to serve a basic need of the people bring about climatic change; (3) may cause the depletion of
of Oriental Mindoro. The mooring facility is not a non-renewable resources; (4) may result in loss of crop
commercial structure; commercial or semi-commercial land, rangeland, or forest cover; (5) may eradicate certain
wharf or commercial docking as contemplated in Section 1 animal or plant species; and (6) other projects or programs
of PD No. 1605. Therefore, the issuance of the ECC does not that may call for the eviction of a particular group of people
violate PD No. 1605 which applies only to commercial residing in the locality where these will be implemented.
structures like wharves, marinas, hotels and restaurants.
Again, Sections 26 and 27 do not apply to this case because
Sections 26 and 27 of RA No. 7160 as petitioners admit,28 the mooring facility itself is not
Congress introduced Sections 26 and 27 in the Local environmentally critical and hence does not belong to any of
Government Code to emphasize the legislative concern for the six types of projects mentioned in the law. There is no
the maintenance of a sound ecology and clean statutory requirement for the concerned sanggunian to
environment.26 These provisions require every national approve the construction of the mooring facility. It is
government agency or government-owned and controlled another matter if the operation of the power barge is at
corporation to hold prior consultations with the local issue. As an environmentally critical project that causes
government unit concerned and to secure the prior pollution, the operation of the power barge needs the prior
approval of its sanggunian before implementing any approval of the concerned sanggunian. However, what is
project or program that may cause pollution, climatic before this Court is only the construction of the mooring
change, depletion of non-renewable resources, loss of facility, not the operation of the power barge. Thus, the
cropland, rangeland, or forest cover and extinction of issuance of the ECC does not violate Sections 26 and 27 of
animal or plant species. Sections 26 and 27 respectively RA No. 7160.
provide:
Documentary Requirements for ECC Applications
Section 26. Duty of National Government Agencies in the Under DAO 96-37, an ECC applicant for a project located
Maintenance of Ecological Balance. It shall be the duty of within an environmentally critical area is required to
every national agency or government-owned or controlled submit an Initial Environment Examination, which must
corporation authorized or involved in the planning and contain a brief description of the environmental setting and
implementation of any project or program that may cause a documentation of the consultative process undertaken,
pollution, climatic change, depletion of non-renewable when appropriate.29 As part of the description of the
resources, loss of crop land, rangeland, or forest cover and environmental setting, the ECC applicant must submit a
extinction of animal or plant species, to consult with the certificate of locational clearance or zoning certificate.
local government units, non-governmental organizations,
and other sectors concerned and explain the goals and Petitioners further contend that NAPOCOR, in applying for
objectives of the project or program, its impact upon the the ECC, did not submit to the DENR Region IV Office the
people and the community in terms of environmental or documents proving the holding of consultations and the
ecological balance, and the measures that will be issuance of a locational clearance or zoning certificate.
undertaken to prevent or minimize the adverse effects Petitioners assert that this omission renders the issuance of
thereof. the ECC patently illegal.

Section 27. Prior Consultations Required. No project or The contention is also without merit. While such documents
program shall be implemented by government authorities are part of the submissions required from a project
unless the consultations mentioned in Section . . . 26 hereof proponent, their mere absence does not render the issuance
are complied with, and prior approval of the sanggunian of the ECC patently illegal. To justify non-exhaustion of
concerned is obtained: Provided, That occupants in areas administrative remedies due to the patent illegality of the
where such projects are to be implemented shall not be ECC, the public officer must have issued the ECC [without
evicted unless appropriate relocation sites have been any] semblance of compliance, or even an attempt to
provided, in accordance with the provisions of the comply, with the pertinent laws; when manifestly, the
Constitution. officer has acted without jurisdiction or has exceeded his
jurisdiction, or has committed a grave abuse of discretion;
In Lina, Jr. v. Pao,27 the Court interpreted these provisions or when his act is clearly and obviously devoid of any color
in this manner: of authority.30

Section 27 of the Code should be read in conjunction with RED Principe, as chief of DENR Region IV, is the officer duly
Section 26 thereof x x x. authorized under DAO 96-3731 to issue ECCs for projects
located within environmentally critical areas. RED Principe


issued the ECC on the recommendation of Amelia Supetran, WHEREFORE, we DENY the petition for lack of merit.
the Director of the Environmental Management Bureau.
Thus, RED Principe acted with full authority pursuant to f. Tech Development Inc. v. CA
DENR regulations. Moreover, the legal presumption is that G.R. No. 94759, Jan. 21, 1991, 201 SCRA
he acted with the requisite authority.32 This clothes RED
Principes acts with presumptive validity and negates any FACTS: Technology Developers, a corporation engaged in
claim that his actions are patently illegal or that he gravely the manufacture and export of charcoal briquette, received
abused his discretion. While petitioners may present proof a letter from acting mayor Pablo Cruz: 1) ordering the full
to the contrary, they must do so before the proper cessation of its plant in Guyong, Sta. Maria, Bulacan until
administrative forum before resorting to judicial remedies. further order, and 2) requesting its Plant Manager to bring
before the office of the mayor its building permit, mayor's
On the Alleged Non-Compliance with the Terms of the ECC permit, and Region III--Pollution of Environment and
Natural Resources Anti--Pollution Permit.
Lastly, petitioners claim that they are justified in
immediately seeking judicial recourse because NAPOCOR is Technology Developers undertook to comply with the
guilty of violating the conditions of the ECC, which requires request to produce the required documents. It sought to
it to secure a separate ECC for the operation of the power secure the Region III-Pollution of Environment and Natural
barge. The ECC also mandates NAPOCOR to secure the usual Resources Anti--Pollution Permit although prior to the
local government permits, like zoning and building permits, operation of the plant, a Temporary Permit to Operate Air
from the municipal government of Puerto Galera. Pollution Installation was issued to it. Petitioners also sent
its representatives to the office of the mayor to secure a
The contention is similarly without merit. The fact that mayors permit but were not entertained.
NAPOCORs ECC is subject to cancellation for non-
compliance with its conditions does not justify petitioners Eventually, the acting mayor ordered that the plant
conduct in ignoring the procedure prescribed in DAO 96-37 premises be padlocked, effectively causing the stoppage of
on appeals from the decision of the DENR Executive operation. This was done without previous and reasonable
Director. Petitioners vigorously insist that NAPOCOR should notice.
comply with the requirements of consultation and
locational clearance prescribed in DAO 96-37. Ironically, Technology Developers then instituted an action for
petitioners themselves refuse to abide with the procedure certiorari, prohibition and mandamus with preliminary
for filing complaints and appealing decisions laid down in injunction against the acting mayor with Bulacan RTC,
DAO 96-37. alleging that the closure order was issued in grave abuse of
discretion.
DAO 96-37 provides for a separate administrative
proceeding to address complaints for the cancellation of an The RTC found that the issuance of the writ of preliminary
ECC. Under Article IX of DAO 96-37, complaints to nullify an mandatory injunction was proper, ordering the acting
ECC must undergo an administrative investigation, after mayor to immediately revoke his closure order and allow
which the hearing officer will submit his report to the EMB Technology Developers to resume its normal business
Director or the Regional Executive Director, who will then operations until the case has been adjudicated on the
render his decision. The aggrieved party may file an appeal merits.
to the DENR Secretary, who has authority to issue cease and
desist orders. Article IX also classifies the types of violations Upon MR, the Provincial Prosecutor presented evidence as
covered under DAO 96-37, including projects operating to the allegation that "Due to the manufacturing process and
without an ECC or violating the conditions of the ECC. This nature of raw materials used, the fumes coming from the
is the applicable procedure to address petitioners factory may contain particulate matters which are
complaint on NAPOCORs alleged violations and not the hazardous to the health of the people. As such, the company
filing of the instant case in court. should cease operating until such a time that the proper air
pollution device is installed and operational."
A Final Word
The Court commends petitioners for their courageous Reassessing the evidence, the RTC set aside its order
efforts to safeguard and maintain the ecological balance of granted the writ of preliminary mandatory injunction. The
Minolo Cove. This Court recognizes the utmost importance CA denied Technology Developer's petition for certiorari for
of protecting the environment.33 Indeed, we have called for lack of merit.
the vigorous prosecution of violators of environmental
laws.34 Legal actions to achieve this end, however, must be ISSUE:W/N the acting mayor had a legal ground for
done in accordance with established rules of procedure that ordering the stoppage of Technology Developer
were intended, in the first place, to achieve orderly and
efficient administration of justice.


HELD: YES. The following circumstances militate against the without jurisdiction or in excess of jurisdiction or
maintenance of the writ of preliminary injunction sought by otherwise, in grave abuse of its discretion. By the same
petitioner: token the court that issued such a preliminary relief may
recall or dissolve the writ as the circumstances may
1. No mayor's permit had been secured. While it is true that warrant. Petition denied.
the matter of determining whether there is a pollution of
the environment that requires control if not prohibition of -----------------------------------------------------------------------------
the operation of a business is essentially addressed to the FOR APRIL 11:
Environmental Management Bureau of the Department of
Environment and Natural Resources, it must be recognized 1. Armed Conflict and the Environment: Legal
that the mayor of a town has as much responsibility to Perspective [PLJ Vol. 81 Feb 2007, p. 377-389]
protect its inhabitants from pollution, and by virtue of his by Amado S. Tolentino Jr.
police power, he may deny the application for a permit to
operate a business or otherwise close the same unless Armed conflict or wars endanger or damage the
appropriate measures are taken to control and/or avoid environment in ways or forms such as the long-lasting
injury to the health of the residents of the community from chemical pollution on land, maritime, and atmospheric
the emissions in the operation of the business. pollution, despoliation of land by mines and other
dangerous objects, and threats to water supplies and
2. The Acting Mayor called the attention of petitioner to the other necessities of life.
pollution emitted by the fumes of its plant whose offensive
odor "not only pollute the air in the locality but also affect Scorched earth policy a method used in war where
the health of the residents in the area," so that petitioner fields are burned and wells are poisoned
was ordered to stop its operation until further orders.
Since the inception of modern warfare, multilateral
3. This action of the Acting Mayor was in response to the treaties and international organizations have attempted
complaint of the residents of Barangay Guyong, Sta. Maria, to create and implement legal provisions addressing the
Bulacan, directed to the Provincial Governor through growing problem of environmental damage resulting
channels. from armed conflict. Unfortunately, international
acceptance and enforcement of such provisions has
4. The closure order of the Acting Mayor was issued only arrived only in incremental responses to the horrors of
after an investigation was made by Marivic Guina who in previous wars.
her report observed that the fumes emitted by the plant
goes directly to the surrounding houses and that no proper This is an attempt at summarizing the international law
air pollution device has been installed. of war vis--vis the environment, at the same time
exposing the many deficiencies of the legal framework
5. Petitioner failed to produce a building permit from the addressing the environmental consequences of war.
municipality of Sta. Maria, but instead presented a building Emerging approaches culled from international
permit issued by an official of Makati on March 6, 1987. consultations are likewise covered to invite attention to
possibilities at preventing or minimizing damage to the
6. While petitioner was able to present a temporary permit environment in times of armed conflict.
to operate by the then National Pollution Control
Commission on December 15, 1987, the permit was good THE EXISTING LAW
only up to May 25, 1988. Petitioner had not exerted any
effort to extend or validate its permit much less to install From the standpoint of customary law:
any device to control the pollution and prevent any hazard
to the health of the residents of the community. - environmental protection during wartime may be
inferred from the general protection of the civilian
Court takes note of the plea of petitioner focusing on its population and property based on the fundamental
huge investment in this dollar-earning industry. It must be rule expressed in the 1868 Declaration of St.
stressed however, that concomitant with the need to Petersburg that military actions by states should be
promote investment and contribute to the growth of the limited to the objective of weakening military force
economy is the equally essential imperative of protecting of the enemy.
the health, nay the very lives of the people, from the
deleterious effect of the pollution of the environment. In theory:

The well-known rule is that the matter of issuance of a writ - general principles of due diligence and the
of preliminary injunction is addressed to the sound judicial precautionary principle in field of environmental
discretion of the trial court and its action shall not be protection are tempered with principles applied in
disturbed on appeal unless it is demonstrated that it acted


the law of war [principles of necessity, 2 major groups of international conventions which
proportionality, discrimination, and humanity] protect the environment during wartime:

ENVIRONMENTAL PRINCIPLES OF WAR a. Geneva Conventions [Switzerland] a body of
PRINCIPLES treaties governing the behavior of belligerents and
provides varying degrees of protection of
1. DUE DILIGENCE 1. NECESSITY combatants, prisoners of war, civilians and their
- aka Good - w/n the act of war to be property, and cultural property
Neighborliness done is necessary in order Composed of:
- where the sovereign right to achieve a legitimate a. 1976 Convention on the Prohibition of
to exploit own resources military advantage Military and Any other Hostile Use of
entails responsibility to Environmental Modification Techniques
ensure that the activities do 2. PROPORTIONALITY [ENMOD] where the natural environment is
not cause damage to other -w/n the advantage sought deliberately manipulated to cause destruction
states or areas beyond by the necessary action - example: altering weather patterns,
jurisdiction. outweighs the anticipated earthquake modification, ocean current
collateral damage modification to create tidal waves, river
diversion, destruction of a dam
2. PRECAUTIONARY 3. DISCRIMINATION b. 1977 Additional Protocol [Protocol I] with
PRINCIPLE - w/n the chosen weapon ENMOD, applies to international wars
or tactic sufficiently - placed great emphasis on objects necessary to
- that in order to protect the discriminates between the survival of civilian population including
environment, the military and civilian civilian infrastructures such as power plants
precautionary approach objects; or between and water treatment facilities
shall be applied: where combatants and non c. 1977 Additional Protocol to the Protection
there are threats of serious combatants of Victims in Non International Armed
or irreversible damage, the Conflicts applied to internal conflicts
lack of full scientific 4. HUMANITY
certainty shall not be used - w/n the act causes b. Hague Convention [Netherlands] governed
as a reason of postponing unnecessary suffering to weapons which sought to ban weapons that cause
cost-effective measures to the victim unnecessary suffering pursuant to the right of
prevent environmental Parties in armed conflict to choose methods or
degradation -w/n minimal force is means of warfare is NOT unlimited.
used to achieve enemy Conventions:
submission 1. Convention IV Respectng the Laws and Customs of
War on Land with Annex of Regulations [1907]
Objective of ENVIRONMENTAL PRINCIPLES: to prevent 2. Protocol for the Prohibition of the Use in War of
invention of new and more destructive weapons of war Asphyxiating, Poisonous, or other Gases, and
thereby anticipating and preventing damage to the Bacteriological Methods of Warfare [1925]
environment. 3. Convention on the Prohibition on the Development,
Production, Stockpiling of bacteriological
Principle 24 of the UN Declaration on Environment and (Biological) and Toxin Weapons and their
Development states: Warfare is inherently destructive of Destruction [1972]
sustainable development. States shall therefore respect 4. Convention on the Prohibitions and Restrictions on
international law providing protection for the environment the Use of Certain Conventional Weapons which
in times of armed conflict and cooperate in its further may be Deemed to be Excessively Injurious or to
development as necessary. have Indiscriminate Effects (1980)
5. Convention on the Prohibition on the Development,
Martens Clause in cases not covered by specific Production, Stockpiling, and Use of Chemical
provisions, civilians and combatants remain under the Weapons and on their Destruction [1993]
protection and authority of: - restricted weapons included:
1. principles of war [necessity/proportionality o exploding munitions
/discrimination/humanity] o poisonous gas
2. principles of international law derived from o chemical and biological weapons
established customs o blinding lasers
3. principles of humanity o land mines
4. dictates of public conscience - while most are designed to target humans, many
bring about environmental consequences [i.e.

chemical contents can persist in the ecosystem and Yugoslavia under the present circumstances such use
disrupt the food chain.] raises very serious issues in international law.

1954 Hague Convention on the Protection of Cultural 3. GULF Wars US and coalition forces devastated Iraqi
Property in the Event of Armed Conflict sets up a factories and refineries, employing the same necessity and
comprehensive regime including the triple use of the justification, dropped millions of cluster bombs.
distinctive blue and white emblem for marking cultural
property under special protection [not been fully utilized in 4. Vietnam War show what could happen when defoliation
contrast with Red cross marking which affords protection to was not implemented to destroy forests per se but was a
areas marked as such] strategy used to eliminate cover for enemy fighters in jungle
areas [As per Amb. Tol: enemy used harmful gas to lure
1972 Convention for the Protection of the Worlds Vietnamese out of the jungles, only to fail because of the
Cultural and Natural Heritage imposes a duty to refrain elaborate tunnels used since the Vietnamese were hiding
from deliberate activities harming designated sites but does underground]
not create a regime to protect sites of biological diversity
import during armed conflict. The experience in many armed conflicts demonstrate the
NEED FOR SPECIAL PROTECTION OF THE CULTURAL
DEFICIENCIES AND CURRENT CHALLENGES ENVIRONMENT, such as monuments and other immovable
cultural property during hostilities. For this reason, there is a
Like the rest of international law, international provision in the 1954 Convention for the Protection of
humanitarian law has been slow in providing the Cultural Property in the Event of Armed Conflict for the
environment with a set of rules of law specific to it. Thus, marking of cultural property with a special emblem
the word environment does not even appear in the Geneva best example: VATICAN CITY which allows the military to
Conventions [1949] and Hague Conventions [1907] take all necessary measures in times of peace or during
conflict to protect it.
To be able to comply, it is necessary to clarify and interpret
the scope and context of some of those rules: Current deficiency with regard to the prohibition of hostile
1. what constitutes widespread, longterm, and severe military activities in natural sites or protected areas referring
damage to the environment? to natural or cultural areas of outstanding international
2. Defining with certainty the threshold of application significance from the point of view of ecology, history, art,
of the rules, the need for a clear decision regarding science, ethnology, anthropology, or natural beauty which
the applicability in wartime of provisions of include areas designated under international agreement or
international environmental law, and the inter-governmental programme which meets the criteria.
advisability of setting up a mechanism to sanction
breaches thereof. Listings of natural and cultural areas of outstanding
international significance exists under:
Cases in point: 1. 1971 Ramsar Convention on Wetlands of International
1. Kosovo conflict a fertilizer, oil refinery and Significance [Ramsar List]
petrochemical complex in Pancevo was deliberately and 2. 1972 Convention on the Protection of World Cultural
repeatedly bombed since NATO claimed that in addition to and Natural Heritage [World Heritage Sites]
making products for purely civilian consumption, the
complex supplied gasoline and other essential materials to - Their protection in times of armed conflict entails :
the Serb army and was therefore a legitimate military target a. the preparation of detailed maps
- the Danube River was also poisoned as a result of the b. elaboration of materials on international heritage
bombing of such industrial facilities protection during armed conflict for dissemination
c. formulation of guidelines for military manuals to make
2. Yugoslavia filed a case before the ICJ against NATO protected areas free of weapons
alleging breaches of: *** In order to afford the protection, the state involved in the
a. obligation NOT to cause considerable environmental exercise of territorial sovereignty SHOULD NOT maintain
damage military installations or military activities in the protected
b. obligation NOT to cause far-reaching health and areas.
environmental damage
c, obligation NOT to use prohibited weapons AN EMERGING NEW APPROACH
- however, upon objection of US and Spain, ICJ did not
acquire jurisdiction over the case. DRAFT CONVENTION on the Prohibition of Hostile
- NATO asserted that military advantage outweighed the Military Activities in Internationally Protected Areas
incidental human and environmental loss - an initiative of the International Council on Environmental
- ICJ opined [despite dismissing the case] the court is Law (ICEL) and International Union for the Conservation of
profoundly concerned with the use of force in the Natures Commission on Environmental Law (IUCN-CEL)


Articles mentioned:
Art. 2 - Each resolution adopted by the Security Council to FINALLY [SEVENTH] - States should be encouraged to
take action under Chapter VII of the Charter, in response to enter into bilateral agreements on the establishment of
a situation of armed conflict shall include a list of the international parks and protected areas in transboundary
relevant internationally protected areas, thereby designated locations and for the joint protection of habitats, to enter
as non- target areas in which all hostile military activities into other bilateral and regional agreements to enhance
shall not be permitted during the armed conflict in question protection of such parks and protected areas in times of
armed conflicts.
Art. 3 Any internationally protected area, .. shall cease to
enjoy such protection when the State Party in whose Suggestions on the protection of the environment in
territory the area is situated: general in times of armed conflict:
a. maintains military installations of any kind within of 1. any new instrument concerning the protection of the
the area in question environment in times of armed conflict should be
b. decides to use the area in question to carry out any based on the concept that the environment per se
military activities during armed conflict should be protected

- Art 3 strives to make the area protected uninteresting for 2. further international and national measures to prevent
the military so as not to be targeted by military operations. harm to the environment should be developed. In
particular, 2 lists should be prepared:
Measures to increase the effectiveness of legal norms and a. a catalogue of human activities with hostile
proposals to ensure better development of environmental purposes injurious to the environment.
protection in times of armed conflict recommended: - list of hostile acts would include:
o intentional attacks on the environment
FIRST the lists of currently designated cultural and o manipulation of natural processes causing
natural sites [Ramsar List and World Heritage Sites; UN environmental damage
list of Parks and Protected Areas; UNESCO Biosphere o significant collateral damage to the
Reserve Systems] be reviewed to establish priorities, environment
taking into account the need for protection of relevant sites b. A registry of all protected areas should be
in times of armed conflict completed

SECOND - sufficiently detailed maps showing specifically 3. States should revise and update military procedures in
the location and extent of designated cultural and natural order to ensure protection of the environment to the
sites should be prepared for each area and provided to all fullest possible extent in times of armed conflict
military and civilian authorities worldwide. necessitates a reconsideration of traditional targets;
- model provisions for military manuals on the protection sites which although not inherently dangerous, are
of designated cultural and natural sites should also be essential to human health or the environment should
prepared NOT be military targets.

THIRD a distinctive emblem should be used for natural 4. UN to establish a system of emergency preparedness
site for identification and protection [blue and white to protect the environment in times of conflict
emblem designated for cultural sites must be extended to
natural sites as well] 5. Damage, actual or potential, and restoration should
include all reasonable measures to reinstate or restore
FOURTH the UN Secretary General, should address the damaged or destroyed components of the environment
need to identify and protect designated sites as soon as the equivalent to those impaired or lost. Compensation
threat to peace and security is determined, where such shall be required if restoration is not possible.
sites which could be affected must be communicated to
members of the Security Council and authorities in the MOST DIFFICULT ISSUE IN CONFRONTING THE
area concerned. COMMUNITY OF NATIONS IN REGARD TO PROTECTION OF
THE ENVIRONMENT IN TIMES OF ARMED CONFLICT
FIFTH - all designated cultural and natural sites should be How to impose the law against powerful nations [ US vs.
considered analogous to demilitarized zones [DMZ] Vietnam, Russia vs. Afghanistan, Allied forces in Gulf War
similar to those under Art. 60 of Protocol I and such sites and Kosovo]
should not be used for military activity ----------------------------------------------------------------------------
FOR APRIL 18:
SIXTH States should provide continuing education of 2. A World Tribunal to Protect the Environment?
senior military personnel and senior civilian officials Premises, Opportunities, Obstacles [PLJ Vol. 79, 4,
in the field of protection of designated cultural and natural February 2005] by: Amado S. Tolentino Jr.
sites in times of armed conflict


The current structure of international law is characterized
A WORLD TRIBUNAL TO PROTECT THE ENVIRONMENT? by the principle that States do not recognize authorities as
PREMISES, OPPORTUNITIES, OBSTACLES higher than their own. The principle does not seem to be
(Amado S. Tolentino, Jr.) ideally positioned to guarantee balanced management of the
environmental problems in the context of international law.
The development of international environmental law has These problems are objectively international, and, in some
been accelerated by the emergence of disputes due to cases, are even outside the control of States. IN FACT, even
numerous physical, economic, social and political factors. States themselves cannot control manmade environmental
These are: phenomena such as greenhouse effect, the ozone hole, and
transborder pollution. These phenomena require
Danger of climate change, ozone layer reduction, trans- international cooperation, common decisions, and new
border air pollution, waste disposal in bodies of water and rules and procedures for the application of real sanctions.
on land, transport of hazardous waste, location of Only new organizations can confront the environment at the
dangerous industries (esp. in undeveloped countries), global level, providing new approaches to control
desertification, deforestation, drought, destruction of plant phenomena, to prevent new sources of pollution, to
and animal genetic resources, genetically modified equitably manage common resources, and to apply
organisms, nuclear accidents, accidents at sea, and the sanctions, where necessary. The principle of universality
exploitation of the seabed and the Antarctic. should apply since problems of a universal nature should be
addressed at the same level.
The international community was appalled by a series of
environmental disasters. Some of the notable ones are:
Some argue that an international tribunal dealing with
a) 1967 Torrey Canyon oil spill off Cornwall; environmental issues would create a threat to state
b) 1976 Seveso chemical plant accident in Italy; sovereignty. While it is true that states are unwilling to
c) 1984 Bhopal chemical plant accident in India; discuss the principle of territorial sovereignty, it is also true
d) 1988 Sandoz chemical plant accident in Switzerland; that the environment is an issue that cannot be solved
e) 1978 Amoco Cadiz oil spill off Brest; within the well-defined space of an individual States
f) 1986 Chernobyl nuclear plant accident in Russia; sovereignty. In fact, in a very broad sense, a States territory
g) 1989 Bahia Paraiso oil spill in the Antarctic; is the issue as the quality of its natural and human resources
h) 1989 Exxon Valdez oil spill off Alaska; and are concerned. Therefore, the principle of territorial
i) 1991 and 2004 burning of oil wells in the Gulf Area, sovereignty us not refuted, but must adapt to new demands.
among others. Otherwise, territorial sovereignty will be left without any
true meaning as environmental threats respect no States
Common characteristics of these environmental risks are: borders. States would have already lost their sovereignty, as
globality, interdependence, indivisibility, the lack of a single State is unable to defend its ecology on its own.
transparency and access to information, dearth of
participation, and access to justice. Thus, we should strive towards new concept of national
sovereignty, which stresses both a States Constitutional
As early as 1988, a committee was formed in Rome, now independence and mutual restrictions on political
known as the international Court of the Environment independence made necessary by the international
Foundation (ICEF), as a private initiative to examine the communitys requirements. The 1972 Stockholm
subject. The committee came out with a proposal on the Declaration on the Environment and the 1982 World
creation of an International Court of Environment (ICE) -- Charter for Nature provide examples of recognition of an
endowed with an exclusive, specialized and international obligation of a sovereign state towards its own people in
competence in the field of environment and empowered to relation to permanent sovereignty over natural resources.
implement international law to guarantee a right of access
to individuals to protect their human right to the PRIORITY ISSUES
environment -- as a new and permanent body separate from
the International Court of Justice in Hague. The ICE could Two points vital to the creation of an International Court of
undertake advisory, investigative and conciliatory the environment:
functions. a.) the individual as subject of international law; and
b.) the place of the human right to the environment in
PRINCIPLE OF UNIVERSALITY VIS--VIS TERRITORIAL international law.
SOVEREIGNTY Currently the question of whether an individual can be a
subject of international law has been met with negative
The enforcement of environmental regulations depends on response, but its clear that this position will change under
the sovereignty of States and different national regulations, the influence of numerous, interdependent factors. An
and these are not subject to a compulsory higher authority. example of these factors is the enormous increase in world
population, which is already not manageable in the current

state. Other possible factors include the bureaucratic opinio. What is even more significant is that in these States,
structure of international society because migratory it captured attention at the grassroots level of even the
movements are explosive and spontaneous, the limited smallest communities.
resources available in terms of energy, and the phenomenon
of planetary pollution. Bearing these and other factors in The first identification of the human right to a healthy
mind, how can international law remain oblivious to the environment appeared in the United Nations Declaration on
individual this 21st century? the Human Environment, or the Stockholm Declaration. Its
Principle 1 states:
Society as a whole will have to strike new balances and find
common basis for the respect of human right, including the Man has the fundamental right to freedom, equality and
right to the environment that would place the individual adequate conditions of life, in an environment of a quality
rather than States at the forefront. Right now, supranational that permits a life of dignity and well-being, and he bears a
tribunals like the European Court of Human Rights (ECHR) solemn responsibility to protect and improve the
is Strasbourg provide judicial redress to individuals. environment of present and future generations.
Through its 1994 landmark decision in the Lopez-Ostra
case, this Court opened the door for the protection of Some legal experts are in quandary regarding the content,
human rights against nearly all sources of environmental effect and enforcement of such a human right. There are
pollution. Briefly, some members of the Gregoria Lopez- those who regard the right to a healthy environment as an
Ostra family suffered from nausea, vomiting, allergic independent right, which imposes obligations upon
reactions, bronchitis and anorexia due to emissions from a individual states and the world at large. Others view the
waste treatment plant built by the government in Lorea, in same part of universally recognized rules which dictate that
Murcia, Spain, just twelve meters from the Lopez-Ostra States are not allowed to contract out of, or jus cogens
house. She filed with the Administrative Division of the norms, per the Vienna Convention on the Law of Treaties
Murcia Audencia Territorial, the Supreme Court and the and international customary law on the assumption that the
Constitutional Court, to no avail. right has been accepted by the World community. Still
others regard environmental rights as belonging to the grey
Afterwards, she submitted a complaint to ECHR, alleging area between a political guideline and a rule of law, simply
inaction by the local authorities violated her rights under stated: a law in the making.
the European Convention by the Local authorities violated
her rights under the European Convention on Human From the human perspective, the human right to a healthy
Rights, namely protection of private life and family life and environment could be viewed as a portion of the rights to
claimed compensation. The court unanimously held that the life and to dignity. For indigenous people, it means the right
pollution from the plant and Spains inaction violated the to a living. It could also be regarded as the means to combat
Conventions article 8. It explained that States have the environmental deterioration as far as it threatens human
positive duty to secure rights under this article and a life.
negative duty to stop official interference. The progressive
decision provides a most comprehensive individual right to Noticeably, the right to a healthy environment is not
environmental protection and stimulates the discussion on mentioned in the Universal Declaration on Human Rights.
the existence of a human right to a decent environment. However, it should be borne in mind that the Stockholm
Declaration is considered an authentic interpretation of the
Structurally, international law will recognize a more notion of human rights embodied in the UN Charter. Thus, it
articulate group of legal subjects: individuals, state provides the minimum standard for the moral duty of
communities, regional communities such as European States. Furthermore, the UN Commission on Human Rights
Union, and new international organizations. From the point has put it on record that:
of view of norms, it can readily be anticipated that the
number of international conventions will grow to meet new State parties to the International Covenant on Economic,
problems such as those posed by the environment. Above Social and Cultural Rights, reorganized the right of everyone
all, the contents of these conventions will impose on states to the enjoyment of the highest attainable standard of
an increasing duty of service towards the international physical and metal health and agreed, for the purpose, to
community and will allow States less recourse to claims of take steps necessary for the improvement of all aspects of
sovereignty. environmental and industrial health.

The questions asked is whether international law A very interesting interpretation is the one drawn from the
recognizes the right to the environmental as a fundamental preamble of the 1982 World Charter for Nature:
right of every person. To answer this question, a careful
examination is required of customary law, treaty norms and Every form of life is unique, warranting respect regardless
constitutional norms. The constitutional norms in many of its worth to man
states already recognize the individuals right to the This statement has led to the issue of awarding rights to
environment, and provide indirect evidence of communis subjects other than man, and has granted legal standing to

natural entities such as rivers and mountains, and the right and the responsibility to ensure that activities within their
of species to survive. jurisdiction and control do not cause damage to the
environment of other States or of areas beyond their
Nevertheless, the best interpretation is the one which national jurisdiction.
regards the environmental right as a traditional human
right to be guaranteed by the State. This is the III. ACCESS TO ENVIRONMENTAL JUSTICE
interpretation used by the Philippine Supreme Court in
Oposa v Factoran where due recognition was given to the As proposed, the following parties may appear before the
standing of minor citizens for the environmental right as an International Court of the environment:
inter-generational right. The Supreme Court said that while a) Individuals;
right to a balanced and healthful ecology is guaranteed by b) Non-governmental organizations and environmental
the Philippine Constitution, it need not be actually written associations;
in the fundamental law of the land as it is assumed from the c) States;
inception of humankind. If it is so written, it is because of d) Supranational organizations such as the European
the: Union; and
e) International organizations under the UN and the
well founded fear of the framers that unless the right to a individual organs of the UN.
balanced and healthful ecology and to health are mandated
as state policies by the Constitution itself the day would Of relevance is the fact that, to date, the International Court
not be too far when all else would be lost not only for the of Justice has declined to submit decisions by UN organs to
present generation but also for those to come generations judicial review. International organizations are not
which stand to inherit nothing but parched earth incapable accountable in law and do not exercise powered
of sustaining life. independently of their member states. How can the World
Bank, for example, be held legally accountable for it
It must further be recognized that the environment now participation in an oil and pipeline project were to result in
receives a complex legal treatment throughout the world at environmental harm? In connection, take note than in
various levels. Environmental law attracts great attention recent times, international financing institutions such as the
because it can be found in all organs that have the International Monetary Fund and regional development
responsibility for the environmental protection, as can be banks have become the object of ire of nongovernmental
shown by one established fact: the rights-duties of organizations (NGOs), and even some government arms,
environmental protection are exercised by existing due to development projects perceived as destructive of the
institutions, in particular, by lawmaking bodies, executives environment.
and the judiciary in individual states, although with varying
zeal and effectiveness. At present, international organizations, environmental
associations, NGOs and potentially affected individuals are
Individuals are not considered the mere beneficiaries but not granted direct access to the ICJ. Only States have direct
rather active proponents of environmental protection. This access and not the individuals who are the direct victims of
explains the existence of procedural rules which confer environmental destruction. While it is commonly known
upon individuals the right-duty to information, participation that States themselves may commit or tolerate
and standing in legal proceedings. Environmental law and environmental crimes, it is advisable and realistic to work
the right to the environment are intimately connected towards strengthening international judicial guarantees for
because, as world-renowned French environmental law effectively protecting the rights of the individual to a
Professor Alexander Kiss observed, The first is the healthy and undisturbed environment.
guarantee for the exercise of the latter.
The international community must be aware that a proper
The environment as a human right also finds an indirect international court exists where they can make their claims
legal basis in conventions, instruments, written accords, and apart from a higher authority responsible for its
in the written record of meetings on the environment management, supervision and control. That proposed
between states and other international subjects. This higher authority can exist in the form of the proposed
written normative framework embraces well over 199 International Environment Agency. Further, the evolution of
international instruments on the environment. the concept of environmental crime, the widening of liability
law for environmental damages, and the application of the
Lastly, the classic customary rule announced in the Trail Polluter Pays Principle could make a new court necessary.
Smelter case and Corfu Channel found its place in Supplementary arguments are the jurisdictional deficiencies
international law at the 1972 UN Stockholm Conference on in different state systems, the social and ethical need for
the Environment. In particular 21 says: environmental justice and the educational role of such an
institution. Last but not the least, an international court for
States have the sovereign right to exploit their own the environment ould be able to focus special attention on
resources pursuant to their own environmental policies, areas outside the jurisdiction of individual states. For

example, such a body could concentrate on the urgent Canada before the ICJ. Canada arrested a Spanish fishing
problems of protecting the global commons. vessel on the high seas based on the argument that the
vessel was illegally fishing in that area contrary to Canadian
Critics may point out that the ICJ established a Chamber for law and international fisheries conservation obligations
environmental matters in 1993. Nevertheless, it is applicable to the European Community. Canada further
unrealistic to expect that tribunal to extend legal access to alleged that marine biological diversity was being
private parties or political action groups because States threatened by Spains fishing activities. The European
are inherently reluctant to relinquish sovereignty and Community and Spain, on the other hand, argued that the
expose themselves to legal proceeding. international conservation obligations did not apply to the
fishing activities complained of and that Canada had acted
Another institution, the Permanent Court of Arbitration illegally in arresting the vessel.
(PCA), is also mentioned as a possibility in resolving
environmental disputes. But as the jurisdiction of the PCA is The question here is whether the dispute involves
not compulsory, its competence can be derived only from an international resources law, international fisheries law,
agreement to arbitrate, or an agreement submitting an international environmental law, or international law
existing dispute to arbitration. related to the conservation of biological diversity. Spain
presented the case to ICJ for infringement of its rights as a
III. ARGUMENTS AGAINST THE CREATION OF AN flag state, an aspect that was also part of the overall dispute.
INTERNATIONAL COURT OF THE ENVIRONMENT ICJ ruled it had no jurisdiction to consider the merits of the
case. Nevertheless, it cannot be denied that the above areas
The proliferation of international adjudicatory bodies leads of law would have influenced a decision had the ICJ
to the enumeration of arguments against the creation of a assumed jurisdiction. Assuming that such a case is
world court on the environment. At the global level, the ICJ, submitted before an international environmental court,
the Appellate Body of the World Trade Organization, and what is the assurance that is has sufficient expertise to
the Tribunal of the Law of the Sea have handed down cover all these other aspects of international law? Would it
decisions in disputes related to protection of the thus not be better if existing tribunals instead be provided
environment. Other forums include the ICJ Environment with sufficient expertise in international environmental
Chamber and the Permanent Court of Arbitrations law?
Environment Facility. Arbitral procedures are also available
to settle disputes like the arbitral tribunal which may be set There is the argument that the proliferation of international
up under article 27(3)(a) of the Conventions on Biological courts and tribunals risks fragmentation in the international
Diversity and special bodies such as the United Nations legal system. For instance, the ICJ, tin Reservations to the
Compensation Commission which may rule on cases Convention on Genocide, held that a State that makes a
involving international environmental law. Likewise, declaration containing a reservation to which another State
regional forums such as RCHR, the Inter-American Court of party to the Genocide Convention objects can be considered
Human Rights, and the Court of Justice of the European a non party to that Convention vis--vis the objecting state,
Community have decided on cases relating to international thereby preventing the declaration from having a legal
environmental law. effect. The ECHR, however, ruled in the celebrated case of
Loizidou v. Turkey that the declaration by Turkey on the
It can thus be said that existing courts and tribunals are, or Courts jurisdiction, which contained a reservation
may be made well-equipped, to consider cases on regarding the non-application of the Convention to the
environmental issues. Moreover, disputes concerning northern part of Cyprus, was valid with respect to the
international environmental law also involve other aspects jurisdiction of the court but void with regard to the
of international law. For instance, multilateral reservation. The ECHR awarded Greek-Cypriot refugee
environmental agreements often provide for trade-related Titana Loizidou USD 1.3M, which the Turks agreed to pay,
instruments to be implemented with special consideration for obstructing Loizidous access to her home by its
for the interests or rights of particular groups such as occupation in the north. Turkey may have to pay millions
indigenous people. A dispute that may arise under an more in similar cases.
environmental treaty may also be defined in terms of a
dispute under other treaties, such as the UN Convention on Some practitioners and academicians propose frequent
the Law of the Sea. So what kind of international consultations among the members of the different tribunals
environmental dispute would be handled by an to allay fears about fragmentation of international law. The
international court for the environment when several other ICJ should likewise develop an active judicial body not only
areas of international law such as international water law, of the UN, but of the entire international legal system as
human rights law, fisheries law, trade law, and international well. Moreover, multiplicity of international forums permits
law related to the use of force are involved? a degree of experimentation and exploration which can lead
to improvements through integration of positive resuls in
Such a situation is illustrated by the Fisheries Jurisdiction the body of international law.
case (Spain v. Canada), a suit brought by Spain against

Examples of experimentation and exploration that could Personal
introduce changes in the international legal system include, - positive personal - fear of change
first, the non-compliance or compliance procedure relationships between - inertia
established or in the process of being established within program personnel and - ignorance about
multilateral environmental agreements. The Kyoto Protocol facility managers requirement
on Climate Change goes a step further by proposing to - desire on the part of the - ignorance about how to
establish an enforcement branch that could take decisions facility manager to avoid meet the requirement
with legally binding consequences as part of the non- legal process
compliance procedure for the Protocol. - desire to avoid jail, the
stigma of enforcement
Second, the Permanent Court of Arbitrations Environment and adverse publicity
Facility could result in increased confidence in the PCA as a Management
venue for settling disputes involving international - jobs and training - lack of internal
environmental issues. One notes the PCAs rules on dedicated to compliance accountability for
international arbitration where only one party is a State, - bonuses or salary compliance
and similar rules for disputes involving intergovernmental increase based on - lack of management
organizations and States and international organizations environmental systems for compliance
and private parties. compliance - lack of compliance training
for personnel
Finally, the establishment of the Inspection Panel by the Technological
World Bank and similar units by other development banks - availability of affordable - inability to meet
such as the Asian Development Bank and the Inter- technology requirements due to lack
American Development Bank could translate factual of appropriate technology
relationships that exist between individuals and groups and - technologies that are
an international body into a legal relationship and enable unreliable or difficult to
them to hold the organization accountable. The operate
International Monetary Fund will likewise be establishing
an Independent Evaluation Office. b. MEA Negotiation

--------------------------------------------------------------------------- - Bilateral treaties are negotiated at ministerial or

government-to-government level
SUPPLEMENTING SOURCES BY AMB. TOLENTINO

- Multilateral Treaties are often negotiated at diplomatic
a. PROBLEM AREAS, ISSUES AND CONCERNS IN THE
conferences convened by:
IMPLEMENTATION OF ENVIRONMENTAL LAWS

*** CONSIDER FOR FINALS: THINK OF MEANS OF HOW TO
1. an international organization (UN) or one of its
SOLVE SUCH ENVIRONMENTAL CONCERNS
agencies (UNEP)

2. at invitation by a state
Barriers to Compliance
Factors Motivating
and Factors Encouraging
Compliance
Non-compliance
Economic Depositary Secretariat
- desire to avoid a penalty - lack of funds - notes signatures - day-to-day administration
- desire to avoid future - greed/desire to achieve - receives instruments of of the treaty regime
liability competitive advantage ratification, acceptance - receive reports from CP on
- desire to save money by - compelling demands for or accession implementation and
doing more cost-efficient resources - maintains list of all the infringement
and environmentally status of CP and - convening annual
sound practices signatories meetings or special
Social / Moral - amendments made to the meetings on specific issues
- moral and social values -lack of social respect for the treaty or review meetings
for environmental law
equality - lack of public support for
- social respect for the law environmental concerns
- clear Governmental will - lack of governmental
to enforce environmental willingness to enforce
laws

c. MAJOR GLOBAL ENVIRONMENTAL INSTRUMENTS e. Legislations in Compliance by ASEAN Countries in
[EXCLUDING MARINE ENVIRONMENT] Environmental Laws

1971 - RAMSAR Convention on Wetlands of International SINGAPORE considered most rule conscious among
Importance [Ramsar Convention] ASEAN
1972 - Convention Concernin the Protection of the World Regulates system permits; license mandatory rec
Cultural and Natural Heritage [World Heritage ~system of inspection warnings (e.g factories required to
Convention] have anti-pollution equipment)
1972 - Declaration of the United Nations Conference on the ~consultation prior prosecution
Human Environment ~creativeness in littering (w/ vest to clean; seminar; media)
1973 - Convention on International Trade in Endangered
Species of Wild Flora and Fauna [CITES]
1979 - Convention on the Conservation of Migratory INDONESIA
Species of Wild Animals [Bonn Convention] Compliance strategy is:
1985 - Convention for the Protection of the Ozone Layer ~conciliatory in style and not penal in style ( in envi law,
and 1987 Montreal Protocol [Ozone Convention and there is harm to the environment as there is harm to people,
Montreal Protection] contrary to penal principle of an eye for an eye)
1989 - Basel Convention on the Control of Transboundary ~use tripartite team for mediation (one representative from
Movements of Hazardous Wastes and their Disposal the gov't, the factory, and the community)
[Basel Convention] ~severe warnings, temporary suspension, revocation
1992 - Rio Declaration on the Environment and
Development MALAYSIA
1992 - Agenda 21 [UNCED, 1992] ~provision on environmental audit (they audit themselves
1992 - Convention on Biological Diversity [Biodiversity like what environmental procedure is taken and etc.)
Convention] ~multiple increase; fines (more discretion is given to the
1992 - United Nations Framework Convention on Climate court)
Change [Climate Change Convention]
2001 - Stockholm Convention on Persistent Organic -----------------------------------------------------------------------------
Pollutants [POPs] CONSIDER THE FF QUESTIONS FOR FINALS:
1. Provide Laws where PH provides for implementation
d. Biosphere Reserves Linkages with Select Multilateral of RAMSAR Convention
Environmental Agreements 2. PRINCIPLE OF PRIOR INFORMED CONSENT
3. What is a protocol?
4. What is the role of Arbitration in peaceful way of
settling disputes;
5. What is EEZ?;
Wetlands 1971
Ramsar 6. Principle of common heritage of mankind

Convention 7. Management of High Seas re UNCLOS [areas beyond
national jurisdiction/areas]
Desertiication 8. Relate IPRA with CBD;
1994 World Heritage
Convention to 1972 9. Distinguish between National Cultural Treasure and

combat Convention Important Cultural Properties
desertiication
10. PRECAUTIONARY PRINCIPLE
Biosphere 11. Convention on Biodiversity vs. Intellectual Property
Reserves & Rights
Multilateral
Environmental 12. Exhaustion of Administrative Remedies in
Agreements
Environmental Law suits
Migratory 13. What are national legislations passed to implement
Climate Change Species of Wild Environmental MEA/Treaties
1972 Rio Animals 1979
Convention Bonn 14. ASEAN ENVI LAW re: Transboundary Haze, Disaster
Convention Mgt, Cooperation in Mekong River

1992 Biological
Diversity ---------------End----------------

Convention``
UIOGD


Environmental Laws: Summary of Topics: Laws and Cases

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Environmental Laws: Summary of Topics: Laws and Cases

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ENVIRONMENTAL

LAWS: Recognizing the vulnerability of the Philippine archipelago

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