Syllabus: Natural Resources & Environmental Law, Atty. Donna Z.

Gasgonia … page 1

SYLLABUS – Natural Resources & Environmental Law

Atty. Donna Z. Gasgonia

LESSON 1: What is environmental law and what are some basic concepts that have become more
relevant?
TOPIC:
I. Basic concepts of international environmental law and Philippine law – Generally
speaking, environmental law covers human health, safety and development that are linked
to natural resources and geophysical factors. There are two basic concepts of
environmental law that have become popular considering the relevance of these laws to
present global and local conditions.
A. Sustainable Development and Intergenerational Equity – Sustainable development and
intergenerational equity are inter-locking concepts recognized by the United Nations
and the Philippines that assess present needs relative to future needs in the context of
world poverty and technology.
B. Climate Change – Previously a subject of debate, the reality of climate change has been
affirmed by both the international and local scientific communities.
REFERENCES:
• Brundtland Report 1987
• Philippine Environmental Policy and Code (P.D. 1151, 1152)
• United Nations Framework on Climate Change
• Philippine Climate Change Act (R.A. 9729)

LESSON 2: What is sustainable development and intergenerational equity in the Philippine context?

TOPIC:

II. Sustainable development and intergenerational equity in the Philippine context – The
concepts of sustainable development and intergenerational equity in the Philippine context
have been in place since 1977 pursuant to P.D. 1151 and P.D. 1152 but the concepts became
popular in 1986 onwards.
A. Right to a balanced and healthful ecology – For the first time in Philippine legal history,
the right to a balanced and healthful ecology was recognized in the 1987 Philippine
constitution.
B. Judicial affirmation – The case of Oposa v. Factoran became a favorite citation used
by environmental advocates to celebrate intergenerational equity but restrictions on the
logging industry were not granted. A subsequent ruling followed a similar judicial
treatment.
REFERENCES:

• Sec. 16, Art. II, 1987 Constitution

• Oposa v. Factoran, G.R. No. 101083 (30 July 1993)
• Henares v. LTFRB and DOTC, G.R. No. 158290 (23 October 2006)

LESSON 3: How do Philippine laws address climate change relative to international law
pronouncements and occurrences?

TOPIC:

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III.Climate change under Philippine law – The Climate Change Act of the Philippines was
enacted in 2009 in view of the persistent and increasing devastation caused by natural and
man-made disasters; following, and sometimes, leading international efforts to establish
legal mechanisms.
A. Geophysical factors – The location of the Philippines on the west side of the Pacific
Ocean just above the equator makes it extremely vulnerable to the adverse effects of
climate change in terms of typhoons and earthquakes.
B. Human interventions – Realizing the inevitable occurrence of natural and man-made
disasters, the Philippines installed measures to prevent, mitigate and recover from the
negative effects of climate change.
REFERENCES:

• Philippine Climate Change Act (R.A. 9729)

• Hyogo Framework for Action
• National Disaster Risk Reduction and Management Act (R.A. 10121)
• Kyoto Protocol and the Paris Agreement

LESSON 4: Since environmental law appears to have been recognized in the 1970’s only, were there
other laws that responded to environmental concerns before then?

TOPIC:

IV. State Ownership of Natural Resources – Before environmental law was considered a
subject in itself, the constitution and several statutes contained provisions on the right to
own and benefit from natural resources.
A. Regalian Doctrine – State ownership of lands of the public domain and natural
resources is a significant legal pronouncement that has been enshrined in the Philippine
constitution, past and present.
B. National wealth – The development of natural resources for the benefit of the Filipino
people is covered by statutes and studied under the law subjects of Property, Taxation,
Land Titles and Deeds.
REFERENCES:
• Sec. 2, Art. XII, 1987 Constitution
• Public Land Act (C.A. 141)
• Forestry Code (P.D. 705)
• Fisheries Code (R.A. 8550)
• Mining Code (R.A. 7942)
• Water Code (P.D. 1067)
• Chavez v. PEA-AMARI, G.R. No. 133250 (11 November 2003)

LESSON 5: How does State ownership of lands of the public domain and natural resources affect
environmental issues especially when private rights are concerned?

TOPIC:

C. Land classification and conversion – State ownership is defined by the classification

of lands into several kinds: lands of the public domain, patrimonial property and private
property.
D. Legal limits to the right of ownership – Easement and Nuisance are fundamental
limitations on the rights of private owners under the Civil Code.
REFERENCES:
• CMU v. Executive Secretary, G.R. No. 184869 (21 Sept. 2010)
• Alcantara v. DENR, G.R. No. 161881 (31 July 2008)

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• DENR v. Yap, G.R. No. 167707 (7 October 2008)

• Civil Code on Easement and Nuisance
• Pasig River Rehabilitation Commission (Executive Order No. 54, s. 1999)
• Calma v. CA, Pleasantville, G.R. No. 78447 (17 August 1989)
• SJS v. Atienza, G.R. No. 156052 (7 March 2007) and related cases

LESSON 6: Are the benefits derived from forestry and fisheries resources in the Philippines
exclusive to Filipinos? What are the terms and conditions of the management and utilization of these
resources?

TOPIC:

V. Resource Management and Development – The State, representing the Filipino people, has
the exclusive right to manage and develop the country’s natural resources.
A. Forestry – The utilization and development of forest products are done by the private
sector – individuals, associations, corporations – through agreements with the
Department of Environment and Natural Resources.
B. Fisheries – The exploitation and harvesting of fisheries and aquatic resources are
reserved to Filipinos.
REFERENCES:
• Mustang Lumber Inc. v. CA, Factoran, G.R. No. 104988 (18 June 1996)
• Paat v. CA, Baculi, G.R. No. 111107 (10 January 1997)
• Factoran v. CA, Dayaw, G.R. No. 93540 (13 December 1999)
• Forestry Code (P.D. 705), Implementing Rules and Regulations
• Roldan v. Arca, G.R. No. L-25434 (25 July 1975)
• Sea Lion Fishing Corp. v. People of the Phil., G.R. No. 172678 (23 March 2011)
• Tano v. Socrates, G.R. No. 110249 (21 August 1997)
• Fisheries Code (R.A. 8550)
• Sec. 2, Art. XII, 1987 Constitution

LESSON 7: Are the benefits derived from mineral resources in the Philippines exclusive to Filipinos?
What are the terms and conditions of the management and utilization of these resources?

TOPIC:

C. Minerals – Philippine mineral deposits are currently considered globally significant in

terms of quality and quantity, such that foreign-owned companies seek to enter into
agreements with the Philippine government to explore, develop and utilize them subject
to the goal of developing the national wealth.
REFERENCES:
• La Bugal B’laan Tribal Association v. Ramos, G.R. No. 127882 (27 January 2004; 1
December 2004)
• Didipio Earth-Savers Multi-Purpose Association Inc. v. Gozun, G.R. No. 157882 (30
March 2006)
• Mining Act (R.A. 7942), Implementing Rules and Regulations
• Sec. 2, Art. XII, 1987 Constitution – MPSA, JVA, Co-P, FTAA

LESSON 8: How are standards on environmental quality set, monitored and enforced?

TOPIC:

VI. Environmental Standards – Standards on environmental quality are set, monitored and
enforced primarily by the Department of Environment and Natural Resources with the

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support of other national government agencies; and locally enforced by local government
units.
A. Air Quality – Total suspended particles in the air and effluents are monitored to
determine if these exceed scientifically set standards.
B. Water Quality – Waste water and tailings are monitored to determine if these exceed
scientifically set standards.
C. Solid Waste – Solid waste management is the primary responsibility of the local
government units.
REFERENCES:
• Clean Air Act (R.A. 8749)
• Clean Water Act (R.A. 9275)
• Ecological Solid Waste Management Act (R.A. 9003)
• MMDA v. Concerned Residents of Manila Bay, G.R. No. 171947-48 (18 December
2008)
• LLDA v. SM Prime Holdings Inc., G.R. No. 170599 (22 September 2010)
• Universal Robina Corp. v. LLDA, G.R. No. 191427 (30 May 2011)

LESSON 9: Are foreign governments liable for violating Philippine standards involving
environmental waste?

TOPIC:

D. Toxic wastes dumping and in transit – Foreign governments and entities, especially in
developed countries, generate toxic wastes that are dumped in less developed countries
like the Philippines.
REFERENCES:
• Toxic Wastes and Hazardous Substances Act (R.A. 6969)
• DENR Administrative Order 2013-22 on recycling scrap metal

LESSON 10: Can damages and compensation for relief and rehabilitation be claimed from the
sources that caused the damage or destruction?

TOPIC:

VII. Damages, Relief and Rehabilitation – Victims of environmental damage and destruction
expect to receive compensation and damages.
A. Damages and Pollution – There is a procedural requirement for claiming damages
which is different from a complaint against pollution.
B. Relief and Rehabilitation – Most of the time, environmental damage is foreseen and
can be avoided or mitigated. In any case, relief and rehabilitation are mandatory.
REFERENCES:
• Environmental Impact Assessment and the ECC (P.D. 1151, P.D. 1152)
• Shell Philippines Exploration B.V. v. Jalos, G.R. No. 179918 (8 September 2010)
• Loney v. People, G.R. No. 152644 (10 February 2006)
• West Tower Condominium Corp. v. First Philippine Industrial Corp., G.R. No. 194249
(31 May 2011)
• National Integrated Protected Area Systems Law (R.A. 7586)

LESSON 11: What funds have been created to protect, conserve, develop, repair and rehabilitate the
environment?

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TOPIC:

VIII.Funding mechanisms for the environment – No activities can be undertaken to respond to

environmental concerns unless funds are established, allocated and disbursed.
A. Conservation and Development Funds – Funds for the conservation and development
of significant flora and fauna have been established.
B. Relief and Rehabilitation Funds – Funds for relief and rehabilitation of destroyed
environments, especially habitats, have been established and in some instances,
mandatory.
REFERENCES:
• National Integrated Protected Area System Law (R.A. 7586)
• National Internal Revenue Code (R.A. 8424)
• Local Government Code (R.A. 7160)

Reference materials: laws, regulations, cases and articles cited in syllabus.