COURSE OUTLINE 1

NATURAL RESOURCES AND ENVIRONMENTAL LAW

Academic Year 2015-2016
First Semester

Atty. Alonette S. Ragodo-Perez

A. GENERAL INFORMATION
Class Time : 2A- Saturday 1-4 PM;
2B- Saturday 9-12 AM
2C- Friday 5:30 to 8:30

Contact : Tel No.: 033 335 1759

E-mail: aluet17@yahoo.com

B. COURSE MATERIALS

Special laws which are readily available from the internet, you may
download for the laws and assigned cases from www. lawphil.net, for the
environmental issues from www. oneocean.org, www. google.com.

C. OBJECTIVES, METHODOLOGY AND EVALUATION

Objectives:

To let the student appreciate the environmental and natural resource

governance system of the Philippines, including understanding the role of
key government agencies and other actors in the system;
To acquire knowledge on the constitutional provisions and special laws
governing natural resources their use and disposition. The study includes
existing laws protecting the environment and the ecosystem and prevailing
rules against despoliation of the environment.
To appreciate the linkage between national laws and international
environmental law;
To acquire knowledge on specific international environmental issues such as
climate change and biological diversity.

Methodology:

This course will be conducted through a mix of (a) classroom learning through
lectures, group dynamic, class reports, topic presentation, case studies and (b)
experiential learning. Students are expected to fully participate in class discussion as
there would be graded recitation. There would be a topic presentation for each
student (Hereunder is the guideline).

Evaluation:
Evaluation is based on three (3) major exams, topic presentation and graded
recitation.

Prelim 25%
Midterm 25%
Finals 25%
Class Standing 25%
100%

Class Standing Component:

1. Quizzes------------------------ 40%
2. Graded Recitation ---------- 30%
3. Case/Topic Presentation--- 30%

1*** This course outline was developed Atty. James L. Kho and Atty. Alett C. Nunez with
modifications from Atty. Alonette S. Ragodo-Perez.
 Guidelines for the Case/Topic Presentation

Topic shall be assigned to each student two weeks (or earlier) prior to the
presentation. The student is expected to present a ten-minute power point presentation
for the topic assigned and is required to distribute to his classmates a two-page briefing
notes which will include an introduction to the topic, important terminology, Brief
overview or chronology of events; (Who what when where, if applicable) case study, Any
relevant Observations, conclusion and references.

Points system for Case/Topic Presentation

Introduction ----------------------- 3
Important terminology -------------------- 2
Topic --------------------- 6
Case Study/Actual case/news clippings --------- 5
Analysis/Relevant observation -------------------- 5
Conclusion ---------------------------- 2
Reference ---------------------------1
Two-page briefing notes ---------------- 3
Use of Visual Aid ------------------------------------ 3
Total Points ------------------------------------- 30

I. INTRODUCTION
(1) Course expectations and overview
(2) Documentary presentation on current environmental issues
(3) Tragedy of the Commons by Garett Hardin
(4) Important Factors in Influencing Rule compliance in Fisheries by Nielsen et al.
(5) Nullem crimen nulla pena sinelege

II. Environment and the Philippine Constitution

Constitutional Provisions: Right to health and environment
o Sec. 15 and 16, Article II, Const.
o Oposa vs. Factoran, G.R. No. 101083 July 30, 1993, 224 SCRA 789
o Ysmael v Deputy Executive Secretary [G.R. No. 79538 October 18, 1990]
o Henares vs. LTFRB, G.R. No. 158290, Oct 23, 2006
o SJS v Atienza G.R. No. 156052, Feb. 13, 2008
o MMDA vs Concerned Citizens of Manila Bay, G.R. No. 171947-48, Dec. 18,
2008
Constitutional Provisions: Utilization of Natural Resources
Regalian Doctrine
o Sec. 2, Art. XII, Const.
o Ysmael v Deputy Executive Secretary, G.R. No. 79538 October 18, 1990
o Miners Assoc vs. Factoran, G.R. No. 98332, Jan 16, 1995
o PICOP vs Base Metal Mining, G.R. No. 163509, Dec 6, 2006
o DENR vs. Yap, G.R. No. 167707, Oct 8, 2008
National Parks
o Secs. 3 and 4, Art. XII, Const.
Preferential Use of Resources
o Sec 7, Art XIII; par 2&3, Const.
o Sec 2, Art XII; foreign part: par 4, Const.
Local Government Share
o Sec. 7, Art. X; Local Government Code
Acess to Information
o Sec 7, Art. III, Const.
Peoples Participation
o Sec 16, Art XIII, Const.
Constitutional provisions: Indigenous Peoples Rights
o Sec. 5, Art. XII, Const.
 o Cario vs. Insular Government, 41 Phil 935 (1909)
o Cruz vs NCIP, G.R. No.135385, Dec 6, 2000; read opinion of Justice Puno

III. Institutional Framework for Natural Resources and the Environment

The DENR and the other agencies in the executive branch

The role of Congress
The Emergence of the Judiciary

IV. Biodiversity Conservation and Protected Areas Management

National Integrated Protected Areas System (NIPAS) Act (R.A. No. 7586)
Mt. Kanlaon Natural Park Law (R.A. 9154)
Sagay Marine Reserve Law (R.A. 9106)
Wildlife Conservation Act, RA No. 9147
Indigenous Peoples Rights Act (IPRA; Republic Act No. 8371)
o Cruz vs. Sec. DENR, supra
Experiential Learning to a Protected Area in Panay

V. Forestry and Watershed Management

Revised Forestry Code (Presidential Decree No. 705)

E.O No. 23
o Case: Oposa vs. Factoran, supra
Community-Based Forestry Management Program, (DENR DAO 96-29)
o Tenure instrument vs. Private Property Rights
Water Code of the Philippines (PD No. 1067)

VI. Fisheries and Coastal Resources Management

Overview
Philippine Fisheries Code of 1998 (Republic Act No. 8550)
o Sec. 149, Local Government Code of 1991
o Definition and Delineation of Municipal Waters (DENR DAO 01-17)
o Preferential Treatment of Municipal Fishers (Joint Administrative Order No. 3,
1996).
o Hizon vs. Court of Appeals, 265 SCRA 517 (1996)
o MMDA vs. Concerned Residents of Manila Bay, supra.
Aquatic Pollution [Sec. 4 (4), R.A. No. 8550]

VII. Mining and Quarrying

Philippine Mining Act of 1995 (Republic Act No. 7942)
Peoples Small-Scale Mining Act of 1991 (R.A. No. 7076)
Secs. 289-292, Local Government Code of 1991
o La Bugal Blaan vs. Sec DENR, et al. , GR No. 127882, Jan 27, 2004
o Southeast Mindanao Gold Mining Corp vs. Balite Portal Mining Coop, GR No.
135190, April 3, 2002
VI. Waste Management/Sanitation/ Pollution Control

Ecological Solid Waste Management Act (Republic Act No. 9003)

Code of Sanitation (P.D. No. 856)
Toxic Substances, Hazardous and Nuclear Waste Management Act (R.A. 6969)
Clean Air Act (R.A. No. 8749)
Clean Water Act (RA No.9275)
Marine Pollution (RA No. 9483)
o Province of of Rizal vs. Exec. Sec., GR No. 129546 Dec 13, 2005
VII. The Rules of Court for Environmental Cases
 1. Overall framework of environmental litigation
2. The Writ of Kalikasan
3. Continuing Mandamus
4. SLAPP cases
5. Precautionary principle as rule of evidence

VIII: Overview of International Environmental Law & Principles

Rio Agreements (Climate Change [UNFCC & Kyoto Protocol], Agenda 21)
CITES and other wildlife agreements
UNCLOS
A focus on Climate Change
Final Examinations