
NATURAL RESOURCES AND
ENVIRONMENTAL LAW
(2 units) & Atty. Guantero (1 unit)
January 18, 2019
Atty. Joan Dymphna G. Saniel
Email address: joansaniel@gmail.com
Reminder: Register with Google Classroom
STATE OF THE PHILIPPINE ENVIRONMENT
What comprises the Philippine environment?
1. Nature
2. People
3. Man-made environment
What is the state of our ecosystem here in the Philippines?
We are really endowed with rich natural resources that can be tapped
for national government. Our various ecosystems have directly provided
people with food, water, shelter and medicine. Our abundant and diverse
mineral resources bear the potential to support strategic industries that
we need.
FORESTS
- 25TH of 196 countries in total number of terrestrial species
- 6,091 out of 9,253 (65.8%) of plant species are endemic
- 102 of 167 (61.1%) mammal species are also endemic
- 9,768,000 are employed in agriculture, hunting and forestry,
which directly supports 30% of the population, half of which
comprises of indigenous peoples
- However, we are experiencing a rapid deforestation
FRESHWATER BODIES
- 421 RIVERS WITH 18 MAJOR RIVERS, 72 LAKES, 146
PROCLAIMED WATERSHEDS (2.6HA)
LACK OF ACCESS TO CLEAN AND POTABLE WATER
- 50 of the 421 rivers are biologically dead
- Over 8Mn have no access to clean water as of 2015
- As low as 62% access to regional basic water services
- 57.335 of irrigable lands can only be irrigated
MINERALS
- 9Mn ha or 30% of the total land area has metallic mineral
deposits
- 5th most mineralized country in the world, 3rd in gold reserves,
4th in copper, 5th in nickel, 6th in chromite
- 4.7Tr PHP estimated worth of our mineral resources
MINING
- PHP1.69Tr of the mined production value was exported
- Allows 100% foreign ownership under the Mining Act of 1995
(Financial and Technical Assistance Agreement)
E.G. OceanaGold in Didipio, Nueva Vizcaya
February 2, 2019
ENVIRONMENTAL LAW
What is the definition of environment?
There is no one definition of environment. Just enumerate the
components of your environment.
What constitutes environment?
Both natural and man-made environment, human beings; relationship
between humans and these environments.
Natural resources both abiotic and biotic, such as air, water,
soil, fauna and flora, etc.
Environmental Management
- Common natural resources, which no one owns, like the high
seas, the skies, the stars, etc. (global commons)
- Includes humans as well
- Administration of human activities as they affect and relate to
he entire range of living and non-living factors that influence
life on earth and their interactions.
Sustainable Development
- Development that meets the needs of the present without
compromising the ability of future generations to meet their
own needs. (Brundtland Commission)
- Improving the quality of life while living within the carrying
capacity of supporting ecosystems. (Caring for the Earth)
o Carrying capacity  the capability of Earth to
support/sustain life for a given period
Four Basic Laws of Ecology
1. Everything is interconnected to everything else.
 Food chain, circle of life: worm  man  worm
2. Everything must go somewhere.
 Your garbage must end up somewhere.
3. Nature knows best.
 If we are destroying nature, then nature will also destroy
us.
4. There is no such thing as free lunch.
 Nothing is free, everything has a price.
5. The laws of man must follow the laws of nature.
Environmental law
- A category of law which contains elements to control the
human impact on the earth
Environmental justice
- Based on the constitutional right to a sound environment, a
basic human right, a priority right
- No single universally accepted definition of environmental
justice
- The pursuit of equal jutice and equal protection under the law
for all environmental statures and regulatrions without
jdiscrimination based onr ace, ethicnicity and/or
socioeconomic status
- The fair treatment and meaningful involvement of all people
regardless of race, color, amtional orgiinin and income with
respect to the decelopment, implementation and
econformcement…
Environmental governance
- Comprises the rules, practice, policies and institutions that
shape how humans interact with the environment
- Multi-level interactions (i.e. local, national,
international/global) among, but not limited to, three main
actors, i.e. state, maket and civil society, which interact with
one another whether in formal and informal ways; in
formulating and implementing policies in response to
environment related demands and inputs from the society;
bound the rules, procedures, processes and widely-accepted
behavior; possession characteristics of “good governance”;
for the purpose for attaining environmentally-sustainable
development
The Role of Environmental Law
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 - Laws generally reflect and shape a society’s norm. They can 2. Appropriate transfer of technologies (from developed
change attitudes towards particular aspects of life and control countries)
behavior. 3. Appropriate funding
- The obligatory character of law and the sanctions which can
ensure the enforcement of legal rules should prevent and There are 2 concepts that underlie this regime:
eliminate acts and behaviors that are detrimental to the 1. National sovereignty
environment. 2. Common concern of mankind

How should we view the laws? Philippines is a megadiverse country.

- Laws by itself cannot protect the environment
- Laws should be views critically in the context of environmental In situ – within the territory
protection and environmental justice. Not all laws are Ex situ – outside the territory
protective of the environment nor do they lead to
environmental justice Many of the principles in the Rio and Stockholm Conventions are found
- But laws can be used as a tool to advance the right of the in this convention.
people to a healthy environment

Challenges of an environmental lawyer

- To maximize the existing laws creatively in order to advance
the right of the people to healthy environment that would lead
to environmental justice
- To advocate for changes in the laws and policies and to be
more responsive of environmental problems

FEBRUARY 8, 2019

STOCKHOLM DECLARATION

RIO DECLARATION

AGENDA 21
Provides specific actions that would implement all that was stated in the
other declarations (action plan).
 As for the Philippines, we have Philippine Agenda 21.

It consists of 40 chapters and 115 specific topics, and around 800 pages.
 Atmosphere, biodiversity, oceans, freshwater sources, etc.
 It’s a detailed plan of action

Chapter 38 on legal instruments.

It cannot provide specific penalties (it cannot be provided by

international law, which is why national legislation is important to
reinforce the international law)

Integrating Environment and Development in Decision Making

INTERNATIONAL CONVENTIONS
When it is called treaty, there are just a few countries that are covered.
When you say convention, many states are parties to it.

Some conventions signed by the PH:

1. Biodiversity
2. International Trade of Endangered Species
3. Vienna Convention and Montreal Protocol
4. Convention on Climate Change
5. UNCLOS
6. Basel Convention… Transboundary Movement of Hazardous
Waste and their Disposal

CONVENTION IN BIODIVERSITY
What is the importance? Includes genetic resources, species and
ecosystems.
The convention’s objectives are the conservation of biological diversity,
the sustainable use of its components and the fair and equitable
sharing of the benefits arising out of the utilization of genetic resources.

How the objectives are achieved:

1. Appropriate access to genetic resources

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