NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER 2017

“That in all things God may be glorified”

IMPORTANT LAWS
R.A. No. 8749
R.A. No. 7942 An Act Providing for a Comprehensive Air Pollution Control
An Act Instituting a New System of Mineral Resources Policy and for Other Purposes
Exploration, Development, Utilization and Conservation ENACTED: JUNE 23, 1999
1995
R.A. No. 10121
R.A. No. 7076 An Act Strengthening the Philippine Disaster Risk Reduction
An Act Creating a People’s Small-Scale Mining Program and and Management System Providing for the National Disaster
for Other Purposes Risk Reduction and Management Framework and
1991 Institutionalizing the National Disaster Risk Reduction and
Management plan, Appropriating Funds Therefor and for Other
P.D. No. 705 Purposes
Revising Presidential Decree No. 389, Otherwise Known as the APPROVED: MAY 27, 2010
Forestry Reform Code of the Philippines
SIGNED: MAY 19, 1975 R.A. No. 10344
An Act Penalizing the Unauthorized Taking, Stealing, Keeping
R.A. No. 8550 or Tampering of Government Risk Reduction and Preparedness
An Act Providing for the Development, Management and Equipment, Accessories and Similar Facilities
Conservation of the Fisheries and Aquatic Resources, APPROVED: DECEMBER 04, 2012
Integrating All Laws Pertinent Thereto, and for Other Purposes
1998 R.A. No. 9729
An Act Mainstreaming Climate Change into Government
R.A. No. 10654 Policy Formulations, Establishing the Framework Strategy and
An Act to Prevent, Deter and Eliminate Illegal, Unreported and Program on Climate Change, Creating for this Purpose the
Unregulated Fishing, Amending Republic Act No. 8550, Climate Change Commission, and for Other Purposes
Otherwise Known as “The Philippine Fisheries Code of 1998,” ENACTED: JULY 27, 2009
and for Other Purposes
FEBRUARY 27, 2015 R.A. No. 10174
An act Establishing the People’s Survival Fund to Provide
R.A. No. 4850 Long-Term Finance Streams to Enable the Government to
An Act Creating the Laguna Lake Development Authority, Effectively Address the Problem of Climate Change, amending
Prescribing Its Powers, Functions and Duties, Providing Funds for the Purpose Republic Act No. 9729, Otherwise Known as
Therefor, and for Other Purposes “Climate Change Act of 2009”, and for Other Purposes
JULY 18, 1966 APPROVED: AUGUST 16, 2012

R.A. No. 7586

An Act Providing for the Establishment and Management of
National Integrated Protected Areas System, Defining Its Scope
and Coverage, and for Other Purposes
1992

R.A. No. 9003

An Act Providing for an Ecological Solid Waste Management
Program, Creating the Necessary Institutional Mechanisms and
Incentives, Declaring Certain Acts Prohibited and Providing
Penalties, Appropriating Funds Therefor, and for Other
Purposes
APPROVED: JANUARY 6, 2001

R.A. No. 9275

An Act Providing for a Comprehensive Water Quality
Management and for Other Purposes
EFFECTIVITY: MAY, 6, 2004

JAMES BRYAN DEANG 1

NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
THE PHILIPPINE MINING ACT
LEGAL FRAMEWORK
Mining Legislation
• Republic Act No. 7042, otherwise known as the
Philippine Mining Act of 1995 (‘the Mining Act’) and
its Implementing Rules and Regulations embodied in
Department of Environment and Natural Resources
DENR AO No. 2010-21 (‘the Mining Act IRR’);
• Republic Act No. 7076 or the People’s Small-Scale
Mining Act of 1991 (‘the Small-Scale Mining Act’);
• Executive Order No. 79 entitled Institutionalising and
Implementing Reforms in the Philippine Mining
Sector, Providing Policies and Guidelines to Ensure
Environmental Protection and Responsible Mining in
the Utilization of Mineral Resources (‘the Mining
Policy’) and its Implementing Rules and Regulations
embodied in DENR Administrative Order No. 2012-
07 (‘the Mining Policy IRR’)
• The Mining Act is the main mining legislation in the
Philippines and governs large-scale exploration,
development and utilisation of mineral resources;
• the Small-Scale Mining Act, as its title suggests,
regulates small-scale mining and limits the same to
Filipino citizens.
• The Mining Policy several innovations on the Mining
Act, specifically in the following areas:
a. expansion of areas closed to mining applications,
b. establishment of mineral reservations,
c. competitive public bidding for areas open to
mining, and
d. compliance with the ‘social acceptability’
requirement of the communities affected.
• DENR also strictly enforces various environmental
laws through its Environmental Management Bureau
(‘the EMB’) to ensure that the mining industry adheres
to the protection of the environment
• The Philippines has not entered into any international
treaty involving mining.
KEY TERMS AND CONCEPTS
• exploration permit (‘EP’) – grants the right to conduct
exploration for all minerals in specified areas and is
recognised under the Mining Act IRR as the initial
mode of entry.
• mineral processing permit (‘MPP’)
• mineral agreements such as
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a. mineral production sharing agreements
(‘MPSAs’) – ‘an agreement wherein the
Government grants to the Contractor the
exclusive right to conduct mining operations
within, but not title over, the contract area and
shares in the production whether in kind or in
value as owner of the minerals therein. The
Contractor shall provide the necessary financing,
technology, management and personnel’
b. joint venture agreements (‘JVAs’) – ‘an
agreement where a joint venture company is
organised by the Government and the Contractor
with both parties having equity shares. Aside from
earnings in equity, the Government shall be
entitled to a share in the gross output’.
c. co-production agreements (‘CPAs’) – ‘an
agreement between the Government and the
Contractor wherein the Government shall provide
inputs to the mining operations other than the
mineral resources’.
d. financial or technical assistance agreements
(‘FTAAs’) – ‘a contract involving financial or
technical assistance for large-scale exploration,
development and utilisation of mineral resources’.
REGULATORY BODY
• The Mining Policy also created a Mining Industry
Coordinating Council (‘the MICC’), which is an
interagency body tasked, inter alia, with implementing
the Mining Policy and conducting an assessment and
review of all mining-related laws, rules and
regulations, issuances and agreements, so as to be able
to make recommendations to improve the allocation of
revenues and risk between the government and the
mining sector.
MINING RIGHTS AND REQUIRED LICENSES AND
PERMITS
Title
• Title to minerals cannot be transferred to private
parties, specifically the permit holders and mineral
agreement grantees.
• the grant thereof does not bestow beneficial
ownership of the minerals to the holder or grantee
• Patented titles to mineral lands perfected under the
Philippine Bill of 1902 shall, however, continue to be
owned by the grantees thereof
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER 2017

Surface and mining rights • MPP

• Exploration Permit Illustration No. 1

Filing of MPP Application

Submission of documents to MGB
Regional Office

Preliminary Evaluation of
Evaluation of the documents and the requirements by the
plotting of the area applied for MGB RO

less than 200 Million pesos

Area Status Clearance and Notice of project (to be evaluated and
Application within 1 month from approved by MGB RO)
filing

Certification Precondition (w/in 6mon MPP shall be numbered by

from filing) or Certificate of Non- the MGB CO
Overlap from NCIP (w/in 3 mon)

Publication and Announcement of Registered with and

Certification within 1 week from the released by the MGB RO
last day of posting

Illustration No. 2
Certification from the DENR Panel of Filing of MPP Application
Arbitrators

Preliminary Evaluation of the

Evaluation of the Application by the requirements by the MGB RO
MGB Regional Office

more than 200 Million pesos

project (to be evaluated and
approved by MGB CO)
Evaluation and Approval by the MGB
Rregional Office

If found to be more than 500

M pesos, endorse to DENR
EP will be numbered, registered, and
released by the MGB RO
MPP shall be numbered by the
MGB CO

Registered with and released by

the MGB RO

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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
• FTAA
Initial Application
MGB CO endorses the application
to the DENR (negotiation between
Negotiating panel and applicant)
Execution and approval of the
president
Notify the Congress within 30 days;
approved FTAA will be transmitted
to the MGB RO for numbering
Registered with and released by the
MGB RO
Validity or term of mining and surface rights
• An EP is valid for a period of two years from the date
of issuance but is renewable for further similar
periods, not exceeding a total term of four years for
non-metallic mineral exploration or six years for
metallic mineral exploration.
• The term of an MPP is five years from the date of
issuance, renewable for further similar periods but not
exceeding a total term of 25 years.
• Both the MPSA and the FTAA have terms not
exceeding 25 years from the date of execution, and are
renewable for another term not exceeding 25 years
How mining rights are protected
• EP holders are given the right of first refusal to
develop and utilise minerals in their exploration area
upon approval of their declaration of mining project
feasibility and effectiveness of new legislation on
mining.
Restrictions on the surface or mining rights that may be
acquired by foreign parties
• Only qualified persons are allowed to hold and be
granted permits and mineral agreements.
• The Mining Act and its IRR defines ‘qualified
person’ as: […] any Filipino citizen of legal age and
with capacity to contract; or a corporation, partnership,
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association or cooperative organised or authorised for
the purpose of engaging in mining, with technical and
financial capability to undertake mineral resources
development and duly registered in accordance with
law, at least sixty percent (60 per cent) of the capital
of which is owned by Filipino citizens: Provided, that
a legally organized foreign-owned corporation shall be
deemed a Qualified Person for purposes of granting an
Exploration Permit, FTAA or Mineral Processing
Permit only.
Maximum Allowable Areas
• For an EP, the maximum area that mining companies
may apply for or hold is as follows:
a. onshore, in any one province – 200 blocks or
approximately 16,200 hectares;
b. onshore, in the entire Philippines – 400 blocks or
approximately 32,400 hectares; or
c. offshore, in the entire Philippines, beyond 500
metres from the mean low tide level – for
corporations, 1,000 blocks or approximately
81,000 hectares.
• The maximum area for an MPSA, however, is:
a. onshore, in any one province – 5,000 hectares for
metallic minerals and 2,000 hectares for non-
metallic minerals per final mining area;
b. onshore, in the entire Philippines – 5,000
hectares per final mining area; or
c. offshore, in the entire Philippines, beyond 500m
from mean low tide level – 500 blocks or
approximately 40,500 hectares, and for the
Exclusive Economic Zone, a larger area to be
determined by the DENR Secretary upon the
recommendation of the MGB Director
• The maximum FTAA contract area that may be
applied for by or granted to a qualified person in the
whole of the Philippines is:
a. 1,000 meridional blocks or approximately 81,000
hectares onshore;
b. 4,000 meridional blocks or approximately
324,000 hectares offshore; or
c. a combination of 1,000 meridional blocks onshore
and 4,000 meridional blocks offshore
Capitalization
• EP or an MPSA 2.5 million pesos
• FTAA is $4 million or its Philippine peso equivalent.
• Note also that an FTAA contractor is required to
invest at least $50 million for the infrastructure and
development of the mining area
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
Closure and remediation of mining projects
• The contractor or permit holder is required to
formulate a
a. final mine rehabilitation (‘FMR’) or
b. decommissioning plan (‘DP’) or a
c. mine closure plan
• The FMR/ DP will consider all possible mine closure
scenarios and contain cost estimates for the
implementation of each
• A Final Mine Rehabilitation and Decommissioning
Fund is required to be established by each operating
contractor or permit holder and must be deposited as a
trust fund in a government depository bank and be
used solely for the implementation of the approved
FMR or DP
ENVIRONMENTAL AND SOCIAL CONSIDERATIONS
• Holders of permits and grantees of mineral agreements
are required to strictly comply with all the rules and
regulations relating to mine safety and health
standards embodied under DENR Administrative
Order No. 2000-98.
• Mining contractors, prior to the development stage of
the MPSA or FTAA are required to obtain an ECC and
go through an environmental impact assessment
(‘EIA’).
• Prior to the issuance of any permit or mineral
agreement, the mining applicant shall undergo the free
and prior informed consent (‘FPIC’) process.
a. In case of non-overlap with ancestral domains:
i. endorsement of the project by the MGB
to the NCIP Regional Office concerned
ii. conduct a field-based investigation
(‘FBI’) to ascertain whether the area
applied for falls within an ancestral
domain
iii. NCIP will issue a certificate of non-
overlap
b. In case of overlap with ancestral domains
NCIP must conduct two community assemblies.
i. During the first, the following matters
shall be taken up:
1. orientation on IPRA and FPIC
process;
2. validation of the FBI report and the
areas affected;
3. census of IPs, migrant IPs or non-
IPs;
4. identification and validation of IP
elders and leaders;
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5. determination of the decision-
making or consensus-building
processes;
6. consensus on the involvement of
non-government organisations;
7. validation of the members of the
FPIC team representing the
community;
8. presentation of the agreed work and
financial plan;
9. option, selection and invitation of
independent experts to conduct EIA
or give their expert opinions;
10. arrangements for conflict or dispute
resolution mechanisms by the
chosen or elected IP elders or
leaders;
11. date and place of second community
assembly; and
12. other matters that may be necessary
and pertinent.
ii. Thereafter, a second community
assembly will be held to discuss the
project and the concerns of the IPs.
ADDITIONAL PERMITS AND LICENSES
• Sand and Gravel Permits
• Quarry Resources Permits
• Small-Scale Mining Permits
• Ore Transport Permits
• Business Permit
a. Mandated by Section 7 of the Department of
Finance Local Finance Circular No. 02-09 in
relation to Sections 147 and 151 of the Local
Government Code
b. must be secured from the local government unit
before start of any mining operation
OPERATIONS, PROCESSING AND SALE OF
MINERALS
i. Processing and operations
Import of Equipment and Machinery
• The Mining IRR does not prohibit contractors from
using imported mining equipment although
contractors are required to give preference towards
Philippine products, services and technologies
Processing of Extracted Minerals
• There is no law requiring mining contractors to
process extracted minerals in the Philippines only.
Individual entities that plan to engage in mineral
processing apart from mineral development should,
however, be in possession of an MPP.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
ii. Sale, import, and export of extracted or
processed materials
• For minerals extracted pursuant to an MPSA or FTAA,
the Mining Act and its IRR allow the sale of the
minerals locally and their exportation, provided that
the minerals and by-products produced are sold at the
highest market price and lowest commercially
achievable commissions and related fees under market
conditions, and to negotiate for sales terms and
conditions compatible with world market conditions.
Doctrines from some cases
LA BUGAL BLAAN vs. REYES
Article XII Section 2 of the 1987 Constitution retained the Regalian
Doctrine which states that ―All lands of the public domain, waters,
minerals, coal, petroleum, and other minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are
owned by the State. The same section also states that, ―the
exploration and development and utilization of natural resources shall
be under the full control and supervision of the State.
Conspicuously absent in Section 2 is the provision in the 1935 and 1973
Constitution authorizing the State to grant licenses, concessions, or
leases for the exploration, exploitation, development, or utilization of
natural resources. By such omission, the utilization of inalienable lands
of the public domain through license, concession or lease is no longer
allowed under the 1987 Constitution.
Under the concession system, the concessionaire makes a direct
equity investment for the purpose of exploiting a particular natural
resource within a given area. The concession amounts to complete
control by the concessionaire over the country‘s natural resource, for
it is given exclusive and plenary rights to exploit a particular resource
at the point of extraction.
The 1987 Constitution, moreover, has deleted the phrase
―management or other forms of assistance in the 1973 Charter. The
present Constitution now allows only ―technical and financial
assistance. The management and the operation of the mining activities
by foreign contractors, the primary feature of the service contracts
was precisely the evil the drafters of the 1987 Constitution sought to
avoid.
The constitutional provision allowing the President to enter into FTAAs
is an exception to the rule that participation in the nation‘s natural
resources is reserved exclusively to Filipinos. Accordingly, such
provision must be construed strictly against their enjoyment by non-
Filipinos. Therefore, RA 7942 is invalid insofar as the said act authorizes
service contracts. Although the statute employs the phrase ―financial
and technical agreements in accordance with the 1987 Constitution,
its pertinent provisions actually treat these agreements as service
contracts that grant beneficial ownership to foreign contractors
contrary to the fundamental law.
The underlying assumption in the provisions of the law is that the
foreign contractor manages the mineral resources just like the foreign
JAMES BRYAN DEANG
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contractor in a service contract. By allowing foreign contractors to
manage or operate all the aspects of the mining operation, RA 7942
has, in effect, conveyed beneficial ownership over the nation‘s mineral
resources to these contractors, leaving the State with nothing but bare
title thereto.
The same provisions, whether by design or inadvertence, permit a
circumvention of the constitutionally ordained 60-40% capitalization
requirement for corporations or associations engaged in the
exploitation, development and utilization of Philippine natural
resources.
When parts of a statute are so mutually dependent and connected as
conditions, considerations, inducements or compensations for each
other as to warrant a belief that the legislature intended them as a
whole, then if some parts are unconstitutional, all provisions that are
thus dependent, conditional or connected, must fail with them.
Under Article XII Section 2 of the 1987 Charter, foreign owned
corporations are limited only to merely technical or financial
assistance to the State for large scale exploration, development and
utilization of minerals, petroleum and other mineral oils.
RP Government-WMCP FTAA is a Service Contract
The FTAA between he WMCP and the Philippine government is
likewise unconstitutional since the agreement itself is a service
contract.
Section 1.3 of the FTAA grants WMCP a fully foreign owned
corporation, the exclusive right to explore, exploit, utilize and dispose
of all minerals and by-products that may be produced from the
contract area. Section 1.2 of the same agreement provides that EMCP
shall provide all financing, technology, management, and personnel
necessary for the Mining Operations.
These contractual stipulations and related provisions in the FTAA taken
together, grant WMCP beneficial ownership over natural resources
that properly belong to the State and are intended for the benefit of
its citizens. These stipulations are abhorrent to the 1987 Constitution.
They are precisely the vices that the fundamental law seeks to avoid,
the evils that it aims to suppress. Consequently, the contract from
which they spring must be struck down.
DIDIPIO vs. GOZUN
The provision of the FTAA in question lays down the ways and means
by which the foreign-owned contractor, disqualified to own land,
identifies to the government the specific surface areas within the FTAA
contract area to be acquired for the mine infrastructure. The
government then acquires ownership of the surface land areas on
behalf of the contractor, through a voluntary transaction in order to
enable the latter to proceed to fully implement the FTAA. Eminent
domain is not yet called for at this stage since there are still various
avenues by which surface rights can be acquired other than
expropriation. The FTAA provision under attack merely facilitates the
implementation of the FTAA given to CAMC and shields it from
violating the Anti-Dummy Law.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
There is also no basis for the claim that the Mining Law and its
implementing rules and regulations do not provide for just
compensation in expropriating private properties. Section 76 of Rep.
Act No. 7942 and Section 107 of DAO 96-40 provide for the payment
of just compensation.
Questions on the Philippine Mining Act
1. How is easement or servitude created?
a. By law or by contract
2. Does the DENR have a right to expropriate a road to
the mining claim?
a. Yes, the State always has a right to
expropriate. Although the expropriation
complaint is not filed by the DENR itself but
the OSG on behalf of the state.
b. The rationale is that such road to the mines is
actually for public use since it is for the
purpose of allowing the government, through
the mining grantee, to exploit our mineral
resources.
c. The government does not surrender its
patrimonial rights in granting a mining claim
and remains in overall control and
supervision of the mining operation.
d. It follows that although it is primarily going
to be used by the mining claim grantee, it
doesn’t mean it is not for public use/purpose.
e. The grantee of the mining claim is merely
granted an authority to determine for the
government which lands are needed to be
expropriated in order to facilitate the mining
operation.
3. Does DENR have the personality to file cases? YES
JAMES BRYAN DEANG
2017
REVISED FORESTRY CODE
KEY CONCEPTS
• PROTECTION, REHABILITATION, and
DEVELOPMENT of FOREST LANDS in order to
insure the continuity of their respective conditions. It
institutes the proper classification and delimitations of
the lands of the public domain, and the management,
utilization, protection, rehabilitation, and development
of forest lands
ORGANIZATIONAL STRUCTURE
• DENR shall be the primary agency responsible
• The Forest Management Bureau is under the direct
supervision and control of the DENR Secretary
EXHAUSTION OF ADMINISTRATIVE REMEDIES
• courts must allow administrative agencies to carry out
their functions and discharge their responsibilities
within the specialized areas of their respective
competence. The rationale for this doctrine is obvious
• entails lesser expenses and provides for the speedier
resolution of controversies
• premature invocation of courts intervention is fatal to
ones cause of action
• Exceptions
1. when there is a violation of due process,
2. when the issue involved is purely a legal question,
3. when the administrative action is patently illegal
amounting to lack or excess of jurisdiction,
4. when there is estoppel on the part of the
administrative agency concerned,
5. when there is irreparable injury,
6. when the respondent is a department secretary
whose acts as an alter ego of the President bears
the implied and assumed approval of the latter,
7. when to require exhaustion of administrative
remedies would be unreasonable,
8. when it would amount to a nullification of a claim
9. when the subject matter is a private land in land
case proceedings,
10. when the rule does not provide a plain, speedy and
adequate remedy, and
11. when there are circumstances indicating the
urgency of judicial intervention.
• It is an established doctrine that decisions and orders
of administrative agencies have, upon there finality,
the force and binding effect of a final judgement within
the purview of the doctrine of res judicata
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
CLASSIFICATIONS AND SURVEYS
• Forest is a large track of land covered with a natural
growth of trees and underbrush. On the other hand,
forest land is a classification of land under the
Constitution that is part of public domain which is
beyond the commerce of man and may not be alienated
or disposed. The former is a description of what the
land appears, and the latter is a legal classification for
legal purposes.
• It must be stressed that legal nature or status does not
have to be descriptive of what the land actually looks
like. Therefore, a land may be urbanized, yet still
classified as forest land
• Three (3) types of Forest
1. Public Forest – a mass of land of public domain
which has not been a subject of the present system
of classification.
2. Permanent Forest/ Forest Reserves – lands of
public domain which have been subject of the
present system of classification and determined to
be needed for forest purposes
3. Forest Reservation – Forest lands which have
been reserved by the President of the Philippines
for any specific purpose
• The president may establish within any lands of the
public domain, forest reserve and forest reservation
for the national park system, for preservation as
critical watersheds, or for any other purpose, and
modify boundaries for existing ones.
• The DENR Secretary may reserve and establish any
portion of the public forest or forest reserve as site or
experimental forest for use of the Forest Research
Institute.
• When public interest so requires, any off-shore area
needed for the preservation and protection of its
educational, scientific, historical , ecological and
recreational values including the marine life found
therein shall be established as marine parks.
• The reservation of land, covered by timber
concession, for experiment station vests in the grantee
full ownership thereof.
PRESERVATION AND PROTECTION OF FOREST
• No person may utilize, exploit, occupy, possess or
conduct any activity within any forest and grazing
land, or establish, install, add and operate any wood or
forest products processing plant, unless he had been
authorized to do under a license agreement, license,
lease or permit
Principle of Intergenerational Responsibility
JAMES BRYAN DEANG
2017
“Every generation has a responsibility to the next to preserve
that rhythm and harmony for the full enjoyment of a balanced
and healthful ecology. Put a little differently, the minors’
assertion of their right to a sound environment constitutes, at the
same time, the performance of their obligation to ensure the
protection of that right of the generations to come.” (Oposa v
Factoran)
Timber License not a contract
A timber license is an instrument by which the State regulates
the utilization and disposition of forest resources to the end that
public welfare is promoted. A timber license is not a contract
within the purview of the due process clause; it is only a license
or privilege, which can be validly withdrawn whenever dictated
by public interest or public welfare as in this case.
TIMBER
• The duration of the privilege to harvest timber in any
particular forest land under a license agreement or
license shall be fixed and determined in accordance
with the
a. annual allowable cut therein,
b. the established cutting cycle thereof,
c. the yield capacity of harvestable timber,
d. and the capacity of healthy residuals for a second
growth
• The maximum period of any privilege to harvest
timber is twenty-five (25) years, renewable for a
period, not exceeding twenty-five (25) years
• The size of the forest lands which may be the subject
of timber utilization shall be limited to that which a
person may effectively utilize and develop for a period
of fifty (50) years
• Forest concessions which had been the subject of
consolidations shall be reviewed and reevaluated
REFORESTATION
• The following shall be reforested and covered with
suitable and sufficient trees, to wit:
a. Bare or grass-covered tracts of forest lands with at
least fifty per cent (50%) slope;
b. Bare or grass-covered tracts of forest lands with
less than fifty per cent (50%) slope, but with soil
so highly erodible as to make grass cover
inadequate for soil erosion control;
c. Brushlands or tracts of forest lands generally
covered with brush, which need to be developed
to increase their productivity;
d. Open tracts of forest lands with slopes or
gradients generally exceeding fifty per cent
(50%), interspersed with patches of forest each of
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
which is less than two hundred fifty (250) hectares
in area;
e. Denuded or inadequately-timbered areas
proclaimed by the President as forest reserves and
reservations as critical watersheds, national parks,
game refuge, bird sanctuaries, national shrines,
national historic sites;
f. Inadequately-stocked forest lands within forest
concessions;
g. Portions of areas covered by pasture leases or
permits having a slope of at least fifty per cent
(50%); and
h. River banks, easements, road rights-of-ways,
deltas, swamps, former river beds, and beaches.
FOREST PROTECTION
• the utilization of timber therein shall not be allowed
except through license agreements under which the
holders thereof shall have the exclusive privilege to cut
all the allowable harvestable timber
• with the corresponding obligation to adopt all the
protection and conservation measures to ensure the
continuity of the productive condition of said areas,
conformably with multiple use and sustained yield
management
• Strips of mangrove forest bordering numerous islands
which protect the shoreline, the shoreline roads, and
even coastal communities from the destructive force of
the sea during high winds and typhoons, shall be
maintained and shall not be alienated.
• All mangrove swamps set aside for coast-protection
purposes shall not be subject to clearcutting
operation.
• Mining operations in forest lands shall be regulated
and conducted with due regard to protection,
development and utilization of other surface resources.
• Surface-mined areas shall be restored to as near its
former natural configuration or as approved by the
Director prior to its abandonment by the mining
concern
• Mineral reservations where mining operations have
been terminated due to the exhaustion of its minerals
shall revert to the category of forest land, unless
otherwise reserved for other purposes
QUALIFICATIONS
• the Secretary of the DENR is hereby authorized to
negotiate and enter into, for and in behalf of the
Government, joint venture, co-production or
production-sharing agreements for the development
or utilization of forestlands and/or forest resources
with any Filipino citizen, or corporation, or
JAMES BRYAN DEANG
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association, at least sixty per centum (60%) of whose
capital is owned by Filipino citizens
EO NO. 23 S. 2011 DECLARING A NATIONAL
MORATORIUM ON LOGGING NATURAL AND
RESIDUAL FORESTS
• deforestation issue was taken up to address the
displacement of indigenous people, the protection of
endangered Philippine species, and the issue of
massively exported timber
• Executive Order No. 23, declaring a moratorium on
the cutting and harvesting of timber in natural and
residual forests nationwide, and creating the Anti-
Illegal Logging Task Force
Doctrines from some cases
MUSTANG LUMBER, INC. vs. COURT OF APPEALS
The Revised Forestry Code contains no definition of either timber or
lumber. While the former is included in forest products as defined in
paragraph (q) of Section 3, the latter is found in paragraph (aa) of the
same section in the definition of Processing plant; which reads:
(aa) Processing plant is any mechanical set-up, machine or
combination of machine used for the processing of logs and other
forest raw materials into lumber, veneer, plywood, wallboard, block-
board, paper board, pulp, paper or other finished wood products.
This simply means that lumber is a processed log or processed forest
raw material. Clearly, the Code uses the term lumber in its ordinary or
common usage. In the 1993 copyright edition of Webster's Third New
International Dictionary, lumber is defined, inter alia, as timber or logs
after being prepared for the market. Simply put, lumber is a processed
log or timber.
It is settled that in the absence of legislative intent to the contrary,
words and phrases used in a statute should be given their plain,
ordinary, and common usage meaning. And insofar as
12 G.R. No. 104988. [June 18, 1996]. possession of timber without the
required legal documents is concerned, Section 68 of P.D. No. 705, as
amended, makes no distinction between raw or processed timber.
Neither should we. Ubi lex non distanguit nec nos distinguere debemus.
MERIDA vs. PEOPLE OF THE PHILIPPINES
On the question of whether petitioner cut a narra tree in the Mayod
Property without a DENR permit, petitioner adopted conflicting
positions. Before his trial, petitioner consistently represented to the
authorities that he cut a narra tree in the Mayod Property and that he
did so only with Calix's permission. However, when he testified,
petitioner denied cutting the tree in question. We sustain the lower
courts' rulings that petitioner's extrajudicial admissions bind him.30
Petitioner does not explain why Royo and Hernandez, public officials
who testified under oath in their official capacities, would lie on the
stand to implicate petitioner in a serious criminal offense, not to
mention that the acts of these public officers enjoy the presumption
of regularity. Further, petitioner does not deny presenting Calix's
authorization to Royo and Hernandez as his basis for cutting the narra
tree in the Mayod Property. Petitioner has no use of Calix's
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
authorization if, as he claimed during the trial, he did not cut any tree
in the Mayod Property.
We further hold that the lone narre tree petitioner cut from the Mayod
Property constitutes "timber" under Section 68 of PD 705, as
amended. PD 705 does not define "timber," only "forest product"
(which circuitously includes "timber.")31 Does the narra tree in
question constitute "timber" under Section 68? The closest this Court
came to defining the term "timber" in Section 68 was to provide that
"timber," includes "lumber" or "processed log.” In other jurisdictions,
timber is determined by compliance with specified dimensions or
certain "stand age" or "rotation age." In Mustang Lumber, Inc. v. Court
of Appeals, this Court was faced with a similar task of having to define
a term in Section 68 of PD 705 - "lumber" - to determine whether
possession of lumber is punishable under that provision. In ruling in
the affirmative, we held that "lumber" should be taken in its ordinary
or common usage meaning to refer to "processed log or timber.
JAMES BRYAN DEANG
2017
FISHERIES AND LLDA
PHILIPPINE WATER
1. All waters within the Philippine Territory
2. Waters around, between an connecting the islands of
the archipelago, regardless of its breadth and
dimension
3. The territorial sea, the seabed, the subsoil, the insular
shelves and all other waters over which the Philippines
has sovereignty or jurisdiction
4. 200n.m. EEZ and the continental shelf
AQUACULTURE
• Aquaculture in the Philippines is carried out in diverse
ecosystems such as freshwater, brackish water and
marine, using various culture systems with different
degrees of intensification.
• For example, milkfish is cultured in brackish water
ponds, fish pens in freshwater lakes, fish pens in
shallow bays, fixed or floating lake-based.
DISPOSITION OF PUBLIC LANDS FOR FISHERY
PURPOSES
• Public lands such as tidal swamps, mangroves,
marshes, foreshore lands and ponds suitable for fishery
operations shall NOT be disposed or alienated.
• Fishpond Lease Agreements: FLAs may be issued for
public lands that may be declared available for
fishpond development primarily to qualified fisherfolk
cooperatives/associations.
• Provided, however, that upon the expiration of
existing FLAs the current lessees shall be given
priority and be entitled to an extension of twenty-five
(25) years in the utilization of their respective leased
areas.
CODE OF PRACTICE FOR AQUACULTURE
• The Department shall establish a code of practice for
aquaculture, through a consultative process, that will
outline general principles and guidelines for
environmentally-sound design and operation to
promote the sustainable development of the industry.
LICENSE TO OPERATE FISH PENS, CAGES, TRAPS,
AND OTHER STRUCTURES
• Fish pens, fish cages, fish traps and other structures for
the culture of fish and other fishery products shall be
constructed and operate only within established zones
duly designated by LGUs in consultation with the
FARMCs concerned.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
• only maximum of ten percent (10%) of the suitable
water surface area of all lakes and rivers shall be
allotted for aquaculture purposes
• Fish pens and fish cages located outside municipal
waters shall be constructed and operated only within
fish pen and fish cage belts designated
FISHERIES
• composed of three subsectors, namely: commercial
fisheries, municipal fisheries and aquaculture
• The Quarterly Municipal Fisheries Survey (QMFS)
is conducted to monitor the inflow of fish catch at
municipal landing centers.
• Municipal fishing is fishing within municipal waters
using fishing vessels of three (3) gross tons or less, or
fishing not requiring the use of fishing vessels.
• Quarterly Commercial Fisheries Survey (QCFS)
collects information on the volumes and prices of fish
brought into commercial (traditional) landing centers.
• Commercial fishing refers to catching of fish with the
use of fishing boat with capacity of more than three (3)
gross tons for trade, business or profit beyond
subsistence or sports fishing.
MUNICIPAL WATERS
• "municipal waters," in turn, includes not only streams,
lakes, and tidal waters within the municipality, not
being the subject of private ownership and not
comprised within the national parks, public forest,
timber lands, forest reserves, or fishery reserves, but
also marine waters included between two lines drawn
perpendicularly to the general coastline from points
where the boundary lines of the municipality or city
touch the sea at low tide and a third line parallel with
the general coastline and fifteen kilometers from it.
Under P.D. No. 704, the marine waters included in
municipal waters is limited to three nautical miles
from the general coastline using the above
perpendicular lines and a third parallel line.
Department Order No. 17
• “Guidelines Delineating/Delimiting Municipal
Waters”. The said Order was issued in compliance
with the requirement of Republic Act 8550 or the
Fisheries Code of the Philippines, which states that
DENR-NAMRIA issue the necessary guidelines on
which to base the delineation of municipal waters.
• DAO 7 was issued on March 17, 2003, formally
revoking DAO 17.
DA Administrative Order No. 1
JAMES BRYAN DEANG
2017
• coverage of this administrative order shall be all the
municipal waters of municipalities and cities without
off – shore islands
DELINEATION OF MUNICIPAL WATERS
• The record shows that no rule, regulation, or
guidelines have been issued by the DA to date, in
coordination with BFAR, as regards municipalities
with offshore islands.
• There are serious gaps in the implementation of the
law which the DA and the concerned agencies would
still need to fill in.
JURISDICTION OF MUNICIPAL/CITY
GOVERNMENT
• Section 16 of R.A. No. 8550 provides for the
jurisdiction of municipal/city government
• The role of LGUs is to aid the national government in
enforcing environmental laws.
• The Philippine Fisheries Code also vests upon
municipal and city governments jurisdiction over
municipal waters defined by the Code
• the LGU has the duty to enforce all fishery laws within
its jurisdiction
• The LGC vests municipalities with the power to grant
fishery privileges in municipal waters and impose
rentals, fees or charges therefor; to penalize, by
appropriate ordinances, the use of explosives, noxious
or poisonous substances, electricity, muro-ami, and
other deleterious methods of fishing; and to prosecute
any violation of the provisions of applicable fishery
laws
DEVOLVED POWERS OF LGUs
• These "fishery laws" which local government units
may enforce under Section 17(b)(2)(i) in municipal
waters include:
a. P.D. No. 704 otherwise known as Fisheries
Decree of 1975;
b. P.D. No. 1015 which, inter alia, authorizes the
establishment of a "closed season" in any
Philippine water if necessary for conservation or
ecological purposes;
c. P.D. No. 1219 which provides for the exploration,
exploitation, utilization and conservation of coral
resources;
d. R.A. No. 5474, as amended by B.P. Blg. 58, which
makes it unlawful for any person, association or
corporation to catch or cause to be caught, sell,
offer to sell, purchase, or have in possession any
of the fish specie called gobiidae or "ipon" during
closed season; and
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
e. R.A. No. 6451 which prohibits and punishes
electrofishing, as well as various issuances of the
BFAR.
MARGINAL vs. SUBSISTENCE FISHERMEN
• Marginal fishermen – an individual engaged in
fishing whose margin or return is barely sufficient to
yield a profit
• Subsistence fishermen – catch yields but irreducible
minimum for his livelihood
MUNICIPAL FISHERIES REGISTRATION AND
LICENSING SCHEME
• The current system of municipal registration and
licensing is divided into three aspects:
1. Registration of Municipal Fishers. For providing
the basis for prioritization in the granting of
access rights, limiting entry to the municipal
fishery, and monitoring of fishing activities, RA
8550 Sections 17 to 22 require the annual
updating of the registry of municipal fishers and
mandate the LGUs to maintain a registry of
municipal fishing vessels by type of gear and
other vessel particulars with the assistance of
Fisheries and Aquatic Resource Management
Councils (FARMCs). The registry of municipal
fishers serves as the basis for identification of
municipal fishers who would be allowed to fish
within municipal waters. RA 8550 also explicitly
states that registration is not equivalent to a permit
to fish, which is provided by a license.
2. Registration of Municipal Fishing Vessels.
Primarily for conferment of identity of fishing
vessels and for maritime safety considerations, the
Maritime Industry Authority (MARINA)
pursuant to PD 474 and EO 125 / 125 A is
mandated to register all vessels operating in the
territorial waters of the Philippines. The
registration of municipal fishing vessels was
previously delegated to the Philippine Coast
Guard (PCG); however, recently the function is
now devolved to the LGUs under EO 305, dated
2 April 2004.
3. Municipal Fisheries Licensing Scheme. For
regulating access to the fishery and for generating
revenues for the LGUs, RA 8550 Section 16
provides the LGUs, in consultation with the
FARMC, the responsibility to manage, conserve,
develop, protect, utilize and dispose of all fish and
fishery / aquatic resources within their
jurisdiction. Also, RA 8550 Section 6 mandates
the LGUs to determine license fees for fishing
JAMES BRYAN DEANG
2017
activities within municipal waters in consultation
with the FARMCs. In addition, RA 7160 Section
149 grants municipalities the exclusive authority
to award fishery privileges in the municipal
waters, to impose rentals, fees or charges, and
particularly to issue licenses for the operation of
municipal fishing vessels.
COMMERCIAL FISHING VESSEL AND LICENSES
• Section 26 of Republic Act No. 8550 governs
commercial fishing vessel license and other license
• The principle of exclusive use of Philippine fishery
resources by Filipino citizens is recognized (Section 2
(b), Section 5, RA 8550), consistent with the
provisions of the 1987 Philippine Constitution
• Therefore, only Filipino citizens are eligible for
commercial fishing vessel
MAXIMUM SUSTAINABLE YIELD
• the highest possible annual catch that can be sustained
over time, by keeping the stock at the level producing
maximum growth
• The MSY refers to a hypothetical equilibrium state
between the exploited population and the fishing
activity
• In 2015, the Bureau of Fisheries and Aquatic
Resources said it will stop issuing commercial fishing
licenses starting June that year due to over exploitation
of all the country’s fishing grounds.
• The “fishing effort” concept aims to strike a balance
between an economy’s fishing capacity, which is
measured by the number of fishing vessels among
other criteria, and the fisheries resources
FISHING AREAS RESERVES FOR EXCLUSIVE USE
OF GOVERNMENT
• The Department may designate areas in Philippine
waters beyond fifteen (15) kilometers from shoreline
as fishery reservation for the exclusive use
• As for municipalities or cities, the concerned LGUs
in consultation with the FARMCs may recommend to
the Department that portion of the municipal waters be
declared as fishery reserves
FISH REFUGE AND SANCTUATIES
• The Department may establish fish refuge and
sanctuaries to be administered in the manner to be
prescribed by the BFAR at least twenty-five percent
(25%) but not more than forty percent (40%) of bays,
foreshore lands, continental shelf or any fishing
ground shall be set aside for the cultivation of
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
mangroves to strengthen the habitat and the spawning
grounds of fish
• In municipal waters, the concerned LGU in
consultation with the FARMCs may establish fishery
refuge and sanctuaries
ACCOMPANYING ADMINISTRATIVE SANCTIONS
FOR SERIOS VIOLATIONS
1. confiscation of fishing gear;
2. impoundment of fishing vessel;
3. temporary suspension or permanent revocation of
license or permit;
4. temporary or permanent ban from the availment of
applicable duty and tax rebates;
5. inclusion in the IUU fishing vessel list;
6. denial of entry and other port services;
7. blacklisting; and
8. increase in the amount of fines but not to exceed five (5)
times the value of the catch. In case of repeated
violations within a five-year period, the amount of fine
may be increased up to eight (8) times the value of the
catch.
LLDA
• lead agency tasked to regulate and monitor activities
within and affecting the Laguna Lake region
• it has the power to approve or disapprove all plans,
programs and projects within the region
• empowered to institute the necessary legal
proceedings in the event that the person or entity
continues with the project without clearance from the
authority
USES OF LAGUNA LAKE
• dominantly used for fisheries
• serves as reservoir for floodwater to save Metro
Manila from flooding
• For power generation, three power plants are located
in the region
• recreation (fishing, boating, and sailing);
• ecotourism;
• irrigation;
• industrial cooling;
• as waste sink; and
• as source of potable water
CLEARANCE AND DISCHARGE PERMIT
• A clearance permit is necessary before a person or a
juridical person can undertake activities within the
administrative jurisdiction of the Authority
JAMES BRYAN DEANG
2017
• Who may apply? Persons, natural and juridical, with
existing and/or new development projects and
activities in the Laguna de Bay Region
• The LLDA Clearance is a one-time permit to be
secured after the issuance of ECC/ CNC unless the
project undergoes expansion in terms of production
• Exempted: Any development projects/activities
established before 1976 are exempted from securing
LLDA Clearance provided the conditions are met
• Discharge permit is clearance or legal authorization
granted by the Authority to discharge liquid waste or
wastewater of specified concentration and volume into
any sewer system or any water body that directly or
eventually drains into the Laguna de Bay for a
specified period of time
Doctrines from some cases
DE BORJA vs. PINALAKAS NA UGNAYAN NG MALILIT NA MANGINGISDA
NG LUZON
The DA, however, has not yet performed any of the above acts. The
record shows that no rule, regulation, or guidelines have been issued
by the DA to date, in coordination with BFAR, as regards municipalities
with offshore islands. There are serious gaps in the implementation of
the law which the DA and the concerned agencies would still need to
fill in. As it stands, therefore, there is no agency action to speak of,
much less a "final agency action" required under the ripeness doctrine.
Equally significant, we find that if we were to grant the petition for
declaratory relief, it would mean an intrusion into the domain of the
executive, preempting the actions of the DA and other concerned
government agencies and stakeholders. As clearly set out in the
provisions of the IRR, the primary duty of determining the reckoning
point of the 15 kilometer range of municipal waters of municipalities
with offshore islands falls with the DA, NAMRIA, and the BFAR. They
shall do so through public consultation or with the participation of
stakeholders, such as the concerned municipalities, fishing operators,
and fisherfolk.
LLDA vs. CA, et al.
G.R. No. 110120, March 16, 1994, 231 SCRA 292
The LLDA has the power to issue a Cease and Desist Order. It is
specifically mandated under RA No. 4850 and its amendatory laws to
carry out and make effective the declared national policy of promoting
and accelerating the development and balanced growth of the Laguna
Lake area and the surrounding provinces of Rizal and Laguna and the
cities of San Pablo, Manila, Pasay, Quezon and Caloocan with due
regard and adequate provisions for environmental management and
control, preservation of the quality of human life and ecological
systems, and the prevention of undue ecological disturbances,
deterioration and pollution. Aside from the powers conferred upon it
by law, an administrative agency has also such powers as are
necessarily implied in the exercise of its express powers. In the
exercise, therefore, of its express powers under its charter as a
regulatory and quasi-judicial body with respect to pollution cases in
the Laguna Lake region, the authority of the LLDA to issue a Cease and
Desist Order is implied.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
LLDA vs. CA, et al.
G.R. Nos. 120865-71, December 7, 1995, 251 SCRA 42
The Laguna Lake Development Authority has the exclusive jurisdiction
to issue permits for the enjoyment of fishery privileges in Laguna de
Bay and the authority to exercise such powers as are by its charter
vested on it. The provisions of the Local Government Code do not
necessarily repeal the aforementioned laws creating the Laguna Lake
Development Authority as it does not contain any express provision
which categorically and/or expressly repeal the charter of LLDA. It has
to be conceded that there was no intent on the part of the legislature
to repeal RA No. 4850 and its amendments. The repeal of laws should
be made clear and expressed. It is clear that the power of the local
government units to issue fishing privileges was granted for revenue
purposes. On the other hand, the power of the LLDA to grant permits
for fishpens, fishcages and other aqua-culture structures is for the
purpose of effectively regulating and monitoring activities in the
Laguna de Bay region and for lake quality control and management. It
is in the nature of police power. Accordingly, the charter of LLDA which
embodies a valid exercise of police power should prevail over the Local
Government Code of 1991 on matters affecting Laguna de Bay.
Questions on Fisheries and LLDA
1. What is a SLAPP? (Strategic lawsuit against public
participation)
A legal action filed to harass, vex, exert undue pressure or stifle
any legal recourse that any person, institution or the government
has taken or may take in the enforcement of environmental
laws, protection of the environment or assertion of
environmental rights shall be treated as a SLAPP
2. Is the fisheries code still a good law? YES
3. What are the 7 reasons for the amendment of RA 8550?
a. There are too many boats out at sea
b. Illegal fishing
c. EU’s yellow card warning to the Philippines (to
prevent trade sanctions)
d. Imposition of stricter penalties
e. Stop illegal trade of endangered species
f. To ensure traceability of all the catch of Philippine-
flagged fishing vessels through a Monitoring, Control,
and Surveillance System
g. To enable the Philippine to live up to its commitments
to the United Nations
4. Is use of fishing gear punishable? YES. Active gear
JAMES BRYAN DEANG
2017
NIPAS ACT OF 1992
KEY CONCEPTS
• intended to provide a rational way of organizing and
managing the country’s many different types of
conservation areas into a system of uniformly created
and managed protected areas
• In 1994, the Philippines became a party to the
a. Convention for Biological Diversity (CBD),
b. the Convention on the Conservation of Migratory
Species of Wild Animals (CMS), and the
c. Convention on Wetlands of International
Importance
• In 2012, Congress enacted Republic Act No. 10629
which amended Section 16 of the NIPAS Act
regarding the Integrated Protected Areas Fund but
did not amend the law in more substantive matter
POLICY OF THE STATE ON ENVIRONMENTAL
CONSERVATION OF ECOLOGICALLY
SIGNIFICANT AREAS
• to secure for the Filipino people of present and future
generations the perpetual existence of all native plants
and animals through the establishment of a
comprehensive system of integrated protected areas
within the classification of national park as provided
for in the Constitution
• the State adopts a conservatory stance and adheres to
the principles of sustainable use
• focuses on habitat- and ecosystem-related
conservation, identifying forests, watersheds, coastal
zones, coral reefs and other such areas that represent a
wide variety of ecosystems
• NIPAS integrates several internationally accepted
principles of environmental management, to wit:
1. Sustainable development,
2. Public participation and community-based action
3. The recognition of indigenous people’s rights,
4. Environmental impact assessment (EIA)
5. Collection of reasonable fees from persons
deriving benefits from protected areas
• Under the Ramsar Convention, parties commit to
work towards the wise use of all wetlands under their
jurisdiction; designate suitable wetlands for the list of
Wetlands of International Importance, called the
"Ramsar List", and ensure their effective management;
and cooperate with other countries related to
transboundary wetlands, shared wetland systems and
shared species.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
SCOPE OF NIPAS ACT
• In so far as the NIPAS covers “national parks,” it
governs all public land which are not classified as
agricultural, forest, or mineral land, within the
meaning of the Constitution and special laws
• According to Section 3 of the NIPAS Act, a “national
park” more specifically refers to “a forest reservation
essentially of natural wilderness character which has
been withdrawn from settlement, occupancy or any
form of exploitation except in conformity with
approved management plan and set aside as such
exclusively to conserve the area or preserve the
scenery, the natural and historic objects, wild animals
and plants therein and to provide enjoyment of these
features in such areas.”
• A "protected area" on the other hand refers to
identified portions of land and water set aside by
reason of their unique physical and biological
significance, managed to enhance biological diversity
and protected against destructive human exploitation.
• NIPAS covers all types of geographical areas whether
terrestrial, subterranean, coastal, or marine.
PUBLIC PARTICIPATION AND FREEDOM OF
INFORMATION
• specific guideline for public participation.
1. Community Representation in the Protected Areas
Management Board (PAMB) [Section 11,
NIPAS]
2. The right to be notified and participate in public
consultations/hearing whenever the DENR plans
to establish, modify, or disestablish an area under
the NIPAS. [Sec 5, NIPAS]
3. Cultural communities, indigenous peoples,
tenured migrants, local government units and
other existing users of protected areas also have
the right to participate in the decision-making
process, particularly in management planning,
whether through direct consultation,
representation in the PAMB, or by public
hearings. [Sections 5, 9, 11, and 13 NIPAS]
ESTABLISHMENT, MODIFICATION, OR
DISESTABLISHMENT OF NIPAS PROTECTED AREA
• there must be a statute or presidential issuance that
reserves, designates, or proclaims an area as any of the
types of protected areas (PA) covered by the Act
• Upon effectivity of the NIPAS Act, all protected areas
then existing by virtue of scattered laws and
JAMES BRYAN DEANG
2017
presidential issuances were placed under the system
and were designated as the initial component of the
NIPAS.
• From time to time, the Secretary of the DENR shall
propose to the President the inclusion in the NIPAS of
additional areas with outstanding physical features,
anthropological significance, and biological diversity.
• He may also propose changes to the boundaries of an
existing protected area, or its disestablishment
altogether as a protected area.
• In cases where a new protected area is to be
established, or its boundaries are to be expanded, the
President, acting upon the recommendation of the
Secretary shall issue a presidential proclamation
designating the recommended area as a protected area
and providing for measures for their protection until
such time when Congress shall have enacted a law
finally declaring such recommended areas as part of
the System.
• Section 7 provides that disestablishment or
diminishment of the boundaries of a protected area
may only be done by Act of Congress.
• Once Congress approves the disestablishment, the
erstwhile protected area shall revert to the category of
public forest unless otherwise classified.
BUFFER ZONES
• "buffer zones" must be established when necessary to
improve protection
• Buffer zones are identified areas outside the
boundaries of and immediately adjacent to designated
protected areas that need special development control
in order to avoid or minimize harm to the protected
area. They are established and managed in the same
manner as that of protected areas.
• Buffer zones therefore may be established if:
1. It is capable of serving as an additional layer of
protection by providing the extension of habitats
or corridors for wildlife and other ecological
services. (Ecological criteria)
2. It is capable of provide gainful employment and
sustainable alternative sources of livelihood for
local communities so as to direct pressure away
from the protected area itself (Economic criteria)
3. It is capable of providing a social fence against the
threat of encroachment by communities residing
near or adjacent to the protected area. (Social
criteria)
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
TYPES OF PROTECTED AREAS RECOGNIZED BY
THE NIPAS
1. National Parks: Forest reservations essentially of
natural wilderness character which have been
withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved
management plan and set aside as such exclusively to
conserve the area or preserve the scenery, the natural
and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such
areas.
2. Strict Nature Reserve: areas possessing some
outstanding ecosystem, features and/or species of flora
and fauna of national scientific importance maintained
to protect nature and maintain processes in an
undisturbed state in order to have ecologically
representative examples of the natural environment
available for scientific study, environmental
monitoring, education, and for the maintenance of
genetic resources in a dynamic and evolutionary state.
3. Natural parks are relatively large areas not materially
altered by human activity where extractive resource
uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or
international significance for scientific, educational
and recreational use.
4. A natural monument is a relatively small area
focused on protection of small features to protect or
preserve nationally significant natural features on
account of their special interest or unique
characteristics.
5. A wildlife sanctuary comprises an area which assures
the natural conditions necessary to protect nationally
significant species, groups of species, biotic
communities or physical features of the environment
where these may require specific human manipulation
for the perpetuation.
6. Protected landscapes/seascapes are areas of national
significance which are characterized by the
harmonious interaction of man and land while
providing opportunities for public enjoyment through
recreation and tourism within the normal lifestyle and
economic activity of these areas.
7. Resource reserves are extensive and relatively
isolated and uninhabited areas normally with difficult
access designated as such to protect natural resources
of the area for future use and prevent or contain
development activities that could affect the resource
JAMES BRYAN DEANG
2017
pending the establishment of objectives which are
based upon appropriate knowledge and planning.
8. Natural biotic areas are areas set aside to allow the
way of life of societies living in harmony with the
environment to adapt to modem technology at their
pace.
9. Other categories established by law, conventions or
international agreements which the Philippine
Government is a signatory.
a. Watershed Forest Reserves
b. UNESCO Biosphere Reserves
c. Ramsar Sites
MANAGEMENT AND ADMINISTRATION OF THE
SYSTEM
• Secretary of the DENR has the overall authority and
duty to oversee the management and implementation
of the NIPAS
• the Secretary shall be assisted by the Protected Areas
and Wildlife Bureau or the PAWB. Today the PAWB
is called the Biodiversity Management Bureau
(BMB)
• the DENR-BMB is tasked to formulate what is called
the general management planning strategy (GMPS).
It is a general strategy for the protected areas system
itself and should provide guidelines for formulating
individual plans for each protected area
• each protected area is divided into:
1. Strict Protection Zone which shall comprise
natural areas with high biodiversity value, closed
to all human activities except for scientific studies
and/or ceremonial or religious use by the ICCs/IPs
2. Multiple Use Zone shall comprise areas where the
following may be allowed consistent with the
protected area management plan: settlement,
traditional and/or sustainable land-use, including
agriculture, agroforestry, and other income-
generating or livelihood activities.
MANAGEMENT ON THE SITE LEVEL
• a protected area is managed by the multi-sectoral
Protected Areas Management Board
• The Board, by a majority vote
1. decides the allocations for budget,
2. approves proposals for funding, and
3. decides matters relating to planning, peripheral
protection and general administration of the area.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
• although the NIPAS area is under the ultimate control
of the DENR, site-specific management has been
delegated to the PAMB
THE INTEGRATED PROTECTED AREAS FUND
• finance projects under the NIPAS
• all incomes generated from the operation of the
System or management of wild flora and fauna shall
accrue to the Fund subject to the retention by the
PAMB of each protected area of seventy-five percent
(75%) of all the revenue raised therefrom.
• The 25% which gets remitted to the national fund
managed by the DENR is in turn used to finance
projects covering those protected areas that do not
sufficiently generate their own income.
Doctrines from some cases
PICOP vs. BASE METALS
There must be a classification that an area is considered as “protected
area.” Without proclamation/classification pursuant to law,
prohibition of mineral location will not be operational.
RP vs. CITY OF DAVAO
The Artica Sports Dome in Langub does not come close to any of the
projects or areas enumerated. Neither is it analogous to any of them.
It is clear, therefore, that the said project is not classified as
environmentally critical, or within an environmentally critical area.
Consequently, the DENR has no choice but to issue the Certificate of
Non-Coverage. It becomes its ministerial duty, the performance of
which can be compelled by writ of mandamus, such as that issued by
the trial court in the case at bar.
JAMES BRYAN DEANG
2017
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF
2000
KEY CONCEPTS
• Ecological Solid Waste Management Act of 2000
refers to the systematic administration of activities
which provide for segregation at source, segregated
transportation, storage, transfer, processing, treatment,
and disposal of solid waste and all other waste
management activities which do not harm the
environment.
• National Solid Waste Management Commission
(NSWMC) shall implement the Ecological Solid
Waste Management Act which shall be composed of
14 government agencies and 3 members from private
sector.
• NSWMC has formulated the
a. Guidelines on formulation and finalization of the
National SWM Framework,
b. National SWM Status Report and
c. other Administrative and Technical Guidelines
directed to support the implementation of the
Ecological SWM system.
• The ecological solid waste management (ESWM)
policy is based on the management of waste in the
following hierarchy:
a. Source reduction (avoidance) and minimization of
waste generated at source
b. Reuse, recycling and resource recovery of wastes
at the barangay level
c. Efficient collection, proper transfer, and transport
of wastes by city/municipality
d. Efficient management of residuals and of final
disposal sites and/or any other related
technologies for the destruction/reuse of residuals
• Executive Order (EO) No. 301 was issued in 2004
establishing a “Green Procurement Program” (GPP)
for the executive branch of government. The GPP is an
approach to procurement in which environmental
impacts are taken into account in purchasing decisions.
IMPORTANT TERMS
Collection – shall refer to the act of removing solid waste from
the source or from a communal storage point;
Composting – shall refer to the controlled decomposition of
organic matter by micro-organisms, mainly bacteria and fungi,
into a humus like product;
Ecological solid waste management – shall refer to the
systematic administration of activities which provide for
segregation at source, segregated transportation, storage,
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER 2017

transfer, processing, treatment, and disposal of solid waste and accumulate through the food web, and pose a risk of
all other waste management activities which do not harm the causing adverse effects to human health and the
environment; environment.
• The Stockholm Convention is perhaps best understood
Leachate – shall refer to the liquid produced when waste as having five essential aims:
undergo decomposition, and when water percolate through 1. Eliminate dangerous POPs, starting with the 12
solid waste undergoing decomposition. It is contaminated worst
liquid that contains dissolved and suspended materials; 2. Support the transition to safer alternatives
3. Target additional POPs for action
Materials recovery facility (MRF) – includes a solid waste 4. Cleanup old stockpiles and equipment containing
transfer station or sorting station, drop-off center, a composting POPs
facility, and a recycling facility; 5. Work together for a POPs-free future

Solid waste management facility – shall refer to any resource KYOTO PROTOCOL
recovery system or component thereof; any system, program, or
facility for resource conservation; any facility for the collection, • The Kyoto Protocol is an international treaty, which
source separation, storage, transportation, transfer, processing, extends the 1992 United Nations Framework
treatment, or disposal of solid waste; Convention on Climate Change (UNFCCC) that
commits State Parties to reduce greenhouse gases
Municipal waste – shall refer to wastes produced from emissions, based on the premise that
activities within local government units which include a a. global warming exists and
combination of domestic, commercial, institutional and b. man-made CO2 emissions have caused it
industrial wastes and street litters;
NATIONAL SOLID WASTE MANAGEMENT
Solid waste – shall refer to all discarded household, commercial COMMISSION (NSWMC)
waste, non-hazardous institutional and industrial waste, street
sweepings, construction debris, agricultural waste, and other • Composition
nonhazardous/non-toxic solid waste. The government sector shall be represented by the heads of the
following agencies in their ex officio capacity:
BASEL CONVENTION
1. DENR
• The Basel Convention on the Control of 2. DILG
Transboundary Movements of “Hazardous Wastes” 3. DOST
and Their Disposal is an international treaty that was 4. DPWH
designed to reduce the movements of hazardous waste 5. DOH
between nations, and specifically to prevent transfer of 6. DTI
hazardous waste from developed to less developed 7. DA
countries (LDCs). 8. MMDA
• Hazardous wastes are substances which are either 9. League of provincial governors
1. explosive, 10. League of city mayors
2. flammable, 11. League of municipal mayors
3. toxic or 12. Association of barangay councils
4. corrosive. 13. TESDA
• Those substances/wastes that did not fall on the 14. Philippine Information Agency.
category is defined as or considered to be a hazardous
waste under the laws of either the exporting country. The private sector shall be represented by the following:
(see RA 6969)
1. A representative from nongovernment organizations
STOCKHOLM CONVENTION (NGOs) whose principal purpose is to promote
recycling and the protection of air and water quality;
• Stockholm Convention on Persistent Organic 2. A representative from the recycling industry; and
Pollutants is an international environmental treaty that 3. A representative from the manufacturing or packaging
aims to eliminate or restrict the production and use of industry
persistent organic pollutants (POPs).
• Persistent Organic Pollutants (POPs) are chemical
substances that persist in the environment, bio-

JAMES BRYAN DEANG 18

NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
• Shall oversee the implementation of solid waste
management plans and prescribe policies to achieve
the objectives of the Act
THE NATIONAL ECOLOGY CENTER
• provide consulting, information, training, and
networking services for the implementation of the
provisions of this Act
• shall maintain a multisectoral, multi-disciplinary pool
of experts including those from the academe,
inventors, practicing professionals, business and
industry, youth, women and other concerned sectors,
who shall be screened according to qualifications set
by the Commission
• Regional Ecology Centers shall also be established
ROLE OF LOCAL GOVERNMENT UNITS
• Segregation and collection of solid waste shall be
conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
• Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility
of the municipality or city.
PROVINCIAL SOLID WASTE MANAGEMENT BOARD
• Chaired by the governor
• may, from time to time, call on any other concerned
agencies or sectors as it may deem necessary
• in the Province of Palawan, the Board shall be chaired
by the chairman of the Palawan Council for
Sustainable Development, pursuant to Republic Act
No. 7611
NATIONAL SOLID WASTE MANAGEMENT
FRAMEWORK
CITY AND MUNICIPAL SOLID WASTE
MANAGEMENT BOARD
• shall prepare, submit and implement a plan for the safe
and sanitary management of solid waste generated in
areas under in geographic and political coverage
MULTI-PURPOSE ENVIRONMENT COOPERATIVES
• Multi-purpose cooperatives and associations that shall
undertake activities to promote the implementation
and/ or directly undertake projects in compliance with
the provisions of this Act shall be encouraged and
promoted in every LGU
NATIONAL SOLID WASTE MANAGEMENT STATUS
REPORT
JAMES BRYAN DEANG
2017
• basis in formulating the National Solid Waste
Management Framework
• Content:
Inventory of existing solid waste facilities
General waste characterization, taking into
account the type, quantity of waste generated
and estimation of volume and type of waste
for reduction and recycling
Projection of waste generation
Regional geologic, hydrologic, climatic, and
other factors vital in the implementation of
solid waste practices to ensure the protection
of
➢ The quality of surface and ground
water from leachate contamination
➢ The quality of surface waters from
surface run-off contamination
➢ Ambient air quality
Population density, distribution and projected
growth
Political, economic, organizational, financial
and management problems affecting
comprehensive solid waste management
Systems and techniques of waste reduction,
re-use and recycling
Available markets for recyclable materials
Estimated cost of collecting, storing,
transporting, marketing and disposal of
wastes and recyclable materials
Pertinent qualitative and quantitative
information concerning the extent of solid
waste management problems and solid waste
management activities undertaken by local
government units and the waste generators
• outline of the preferred course of action or approach
to support the national policy of adopting a systematic,
comprehensive and ecological solid waste
management program as defined by the ten policy
principles
• Content:
a. Assessment of SWM situation
b. Analysis of Options
c. Mandatory Program of Actions
d. Public Participation and IEC Campaign
e. Aspects for Standardization and Measuring
Performance
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
LOCAL GOVERNMENT SOLID WASTE
MANAGEMENT PLANS
• shall be for the re-use, recycling and composting of
wastes generated in their respective jurisdictions to
ensure the efficient management of solid waste. The
plan shall primarily emphasize on the implementation
of all feasible re-use, recycling and composting
programs while identifying the amount of landfill and
transformation capacity needed
• includes
a. city/municipality profile
b. waste characterization
c. collection and transfer
d. processing
e. source reduction
f. recycling
g. composting
h. solid waste facility capacity and final disposal
i. education and public information
j. special waste management
k. resource retirement and funding
l. privatization of solid waste management projects
m. incentive programs
CLUSTERING OF COMMON SOLID WASTE
MANAGEMENT PROBLEMS
• DENR shall publish guidelines for the identification of
areas which have common SWM problems and are
appropriate units for clustered SWM services.
WASTE CHARACTERIZATION
• The DENR shall establish guidelines for the accurate
characterization of wastes, including the determination
of whether or not wastes will be compatible with
containment features, and
• whether or not wastes are required to be managed as
hazardous wastes under the Toxic Substance and
Hazardous and Nuclear Wastes Control Act
SOLID WASTE CONDITION
• MSW comes from residential, commercial,
institutional and industrial sources.
• Residential waste constitutes the bulk (56.7%) of
MSW
• Commercial sources which include commercial
establishments and public or private markets
contribute 27.1%
• Institutional sources such as government offices,
educational and medical institutions account for about
12.1%
• remaining 4.1% are waste coming from the industrial
or manufacturing sector.
JAMES BRYAN DEANG
2017
• Waste generation rates have been estimated based on
consolidated data generated from
a. waste analysis and characterization studies
(WACS) presented in EMB regional reports and
b. selected local 10-year Solid Waste Management
(SWM) plans
SEGREGATION OF WASTES
• Segregation shall primarily be conducted at the source,
such as household, institutional, industrial,
commercial, and agricultural sources
• For premises containing six or more residential units,
the local government shall require the owner or person
in charge to provide a designated area and containers
in which to accumulate source separated recyclable
materials
• minimum standards and requirements for the
segregation and storage of solid waste pending
collection:
a. There shall be a separate container for each type
of waste from all sources. In case of bulky waste,
it will suffice that the same be collected and
placed in a separate and designated area; and
b. The solid waste container depending on its use
shall be properly marked or identified for on-site
collection
COLLECTION AND TRANSPORT OF SOLID WASTES
• In the collection of solid waste, all collectors and other
personnel dealing directly with collection of solid
waste shall be equipped with personal protective
equipment to protect them from the hazards of
handling solid wastes.
• Waste collection techniques include
1. door-to-door collection where the wastes are
collected in every house within a target area, and
2. block or communal which utilizes MRFs in
barangays that are within or near the targeted
collection area
• For the transport of solid wastes, the use of separate
collection schedule and/or separate trucks shall be
required for specific types of wastes.
• The vehicle shall bear the body number, the name, and
telephone number of the contractor/agency collecting
the solid waste.
• Transfer station is a facility utilized to receive solid
wastes, temporarily store, separate, convert, or
otherwise process the materials, or to transfer the solid
wastes directly from smaller to larger vehicles for
transport
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
SOLID WASTE MANAGEMENT PROCEDURE
• Segregation of wastes shall begin in the household,
institutional, industrial, commercial and agricultural
sources, which shall be segregated into
“compostable”, “non-recyclable”, “recyclable” or
“special type of waste”.
• Collection of wastes shall be undertaken by the LGU.
Solid wastes shall be brought to Materials Recovery
Facility (MRF), in which solid wastes shall be further
sorted. Residual wastes shall be sent to landfill, while
hazardous wastes shall be sent to treatment facility.
SALIENT FEATURES
• Prohibition on the Use of Non-Environmentally
Acceptable Packaging – No person owning, operating
or conducting a commercial establishment in the
country shall sell or convey at retail or possess with
the intent to sell or convey at retail any products that
are placed, wrapped or packaged in or on packaging
which is not environmentally acceptable packaging.
• Prohibition Against the Use of Open Dumps for Solid
Waste – No open dumps shall be established and
operated, nor any practice or disposal of solid waste by
any person, including LGUs, which constitutes the use
of open dumps for solid wastes, be allowed
• Prohibition on Littering, throwing, dumping of waste
matters in public places, such as roads, sidewalks,
canals, esteros or parks, and establishment, or causing
or permitting the same; Open burning of solid wastes,
et. al.
Doctrines from some cases
Province of Rizal vs. Executive Secretary
The Supreme Court has held that the said law mandates the
formulation of a National Solid Waste Management Framework, which
should include, among other things, the method and procedure for the
phase-out and eventual closure of existing open dumps and/or
sanitary landfills located within an aquifer, groundwater reservoir or
watershed area. Any landfills subsequently developed must comply
with the minimum requirements laid down in Section 40, specifically
that the site selected must be consistent with the overall land use plan
of the local government unit, and that the site must be located in an
area where the landfill’s operation will not detrimentally affect
environmentally sensitive resources. It was held that the San Mateo
Landfill will remain permanently closed.
MMDA vs. Concerned Residents of Manila Bay
The MMDAs duty in this regard is spelled out in Sec. 3(c) of Republic
Act No. (RA) 7924 creating the MMDA. This section defines and
delineates the scope of the MMDAs waste disposal services to include:
Solid waste disposal and management which include formulation and
implementation of policies, standards, programs and projects for
proper and sanitary waste disposal. It shall likewise include the
JAMES BRYAN DEANG
2017
establishment and operation of sanitary land fill and related facilities
and the implementation of other alternative programs intended to
reduce, reuse and recycle solid waste.
The court ruled that RA 9003 prohibits open dumps and requires strict
compliance with the standard set by the Act since February 15, 2001
The act also prohibits controlled dumps since February 21, 2006.
Open dump – a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and
consideration for environmental and Health standards;
Controlled dump – a disposal site at which solid waste is deposited in
accordance with the minimum prescribed standards of site operation;
Sanitary landfill – a waste disposal site designed, constructed,
operated and maintained in a manner that exerts engineering control
over significant potential environment impacts arising from the
development and operation of the facility
FERRER, JR. vs. MAYOR BAUSTISTA
In this case, the alleged bases of Ordinance No. S-2235 in imposing the
garbage fee is the volume of waste currently generated by each person
in Quezon City, which purportedly stands at 0.66 kilogram per day, and
the increasing trend of waste generation for the past three years.
Respondents did not elaborate any further. The figure presented does
not reflect the specific types of wastes generated — whether
residential, market, commercial, industrial, construction/demolition,
street waste, agricultural, agro-industrial, institutional, etc. It is
reasonable, therefore, for the Court to presume that such amount
pertains to the totality of wastes, without any distinction, generated
by Quezon City constituents. To reiterate, however, the authority of a
municipality or city to impose fees extends only to those related to the
collection and transport of non-recyclable and special wastes.
Questions on Ecological Solid Waste Management Act of
2000
1. Is sanitary landfill alienable and disposable land? YES
2. What is eco-labeling?
The practice of marking products with a distinctive label to
show that their manufacture conforms to recognized
environmental standards.
3. Is the Solid Waste Act limited to land-based pollution?
YES
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
PHILIPPINE CLEAN WATER ACT OF 2004
KEY CONCEPTS
• According to World Bank, Manila is second lowest in
sewerage connections in major cities in Asia
• modified
a. RA 6969 “Toxic Substances and Hazardous and
Nuclear Wastes”
b. Ra 4850 “An Act Creating LLDA”
c. PD 1152 “Environmental Code”
d. PD 979 “An Act providing for the revision of PD
600 governing marine pollution law
e. PD 856 “Code on Sanitation.”
• apply to water quality management in all water bodies
but it shall primarily apply to the abatement and
control of pollution from land based sources.
• the water quality standards and regulations and the
civil liability and penal provisions of CWA shall be
enforced irrespective of sources of pollution
IMPORTANT TERMS
Beneficial use – use of the environment or any
element/segment thereof conducive to public or private welfare,
safety and health; and shall include, but not limited to the use
of water for domestic, municipal, irrigation, power generation,
fisheries, livestock raising, industrial, recreational and other
purpose.
Contamination – means the introduction of substances not
found in the natural composition of water that make the water
less desirable or unfit for intended use.
Discharge – the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a
water body or onto land from which it might flow or drain into
said water.
Effluent – means discharge from known sources which is
passed into a body of water or land, or wastewater flowing out
of a manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.
Pollutant – shall refer to any substance, whether solid, liquid,
gaseous or radioactive, which directly or indirectly:
a. alters the quality of any segment of the receiving water
body to affect or tend to affect adversely any beneficial
use thereof;
b. is hazardous or potential hazardous to health;
c. imparts objectionable odor, temperature change, or
physical, chemical or biological change to any
segment of the water body; or
d. is in excess of the allowable limits, concentrations, or
quality standards specified, or in contravention of the
JAMES BRYAN DEANG
2017
condition, limitation or restriction prescribed in this
Act.
Waste – means any material either solid, liquid, semisolid,
contained gas or other forms resulting industrial, commercial,
mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded.
Water Pollution – means any alteration of the physical,
chemical, biological, or radiological properties of a water body
resulting in the impairment of its purity or quality.
WATER QUALITY MANAGEMENT AREA (WQMA)
• Definition: geographical areas designated by the
Secretary of DENR, in coordination with National
Water Resources Board which determines the area’s
size and boundaries, that have the same hydrological,
hydrogeological, meteorological or geographic
conditions which affect the physicochemical,
biological and bacteriological reactions and diffusions
of pollutants in the water bodies, or otherwise share
common interest or face similar development
programs, prospects or problems
• Goal: for the improvement of its water quality to meet
the classification to which they have been classified or
to improve their classification so that they can meet
their projected or potential use based on water quality
guidelines.
Governing Board
• Purpose:
a. Formulate strategies to coordinate policies
necessary for the effective implementation of
CWA
b. Monitor, survey and report the Water quality
status of the area
c. Undertake complementary intervention for non-
point source
MANAGEMENT OF NON-ATTAINMENT AREAS
• bodies of water or portion thereof, designated by
DENR, in coordination with LGU in the area, where
specific pollutants from either natural or man-made
source have already exceeded water quality guidelines
as non-attainment areas for exceeded pollutants
• Purpose in designating NAAs
a. To prevent the further degradation of the body of
water to the effect that no new sources of pollutant
are to be built in NAA unless there is a
corresponding reduction in discharge from
existing sources, and the total pollution load from
all sources including new sources which will not
exceed targets in the plan to upgrade the water
quality.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
b. To identify existing source of water pollutant,
including those naturally occurring in the area
c. To subject to strict monitoring those sources of
pollution which are not in compliance with the
effluent standard, without prejudice to imposing
penalties and administrative remedies
DOMESTIC SEWAGE COLLECTION, TREATMENT
AND DISPOSAL
• In Areas considered as Highly Urbanized City and in
Metro Manila, the agencies vested to provide water
supply and sewerage facilities and/or concessionaires,
in coordination with LGU, are required to connect the
existing sewage line found in all subdivisions,
condominiums, commercial centers, hotels, sports and
recreational facilities, hospitals, market places, public
buildings, industrial complex and other similar
establishments including households to available
sewerage system.
• In areas not considered as HUCs, the DPWH in
coordination with the DENR, DOH and other
concerned agencies, shall employ septage or combined
sewerage-septage management system.
ACTIONS AGAINST NON-CONNECTION TO
AVAILABLE SEWERAGE SYSTEM
1. The DENR shall withhold permits or refuse issuance
of ECC for establishments that fail to connect their
sewage lines to available sewerage system except
those in areas where sewerage lines are not yet
available.
2. The DENR shall request the concerned LGU, water
districts and other appropriate agencies, in writing, to
sanctions person who refuse connection, including
non-issuance of Environmental Sanitation Clearance
by DOH, in accordance with CWA and other existing
law.
3. Should the property owner persist in refusing to
connect, the water district shall deprive him of any and
all services provided by the water district.
WASTEWATER CHARGE SYSTEM
• economic tool to induce polluters to modify their
production or invest in pollution control system and to
cover the cost of administering water quality
management or improvement program
Who shall pay?
1. Operators of sewerage treatment plant provided that
such operator may claim contributions or sewerage
fees from residences, establishments or industries that
use the facilities
JAMES BRYAN DEANG
2017
2. Operators of wastewater treatment in ECOZONES
provided that industries within ECOZONES but not
connected to the wastewater treatment plant shall be
liable for the charges individually
Exempted from wastewater charge (LIE)
1. LGU undertaking or about to undertake pilot ecological
sanitation technologies and other sanitation technologies
provided that effluents from such pilot testing activities
shall meet effluent standards
2. Industries that recycle their waster without discharge
into any water body or land; however, they shall be
liable for payment of discharge permit
3. Establishment and industries discharging to and
contributing for maintenance of the sewerage system
and treatment facilities
DISCHARGE PERMITS
• discharge permit shall be the legal authorization
granted by the DENR to discharge wastewater:
provided, that the discharge permit shall specify
among others, the quantity and quality of effluent that
said facilities are allowed to discharge into a particular
water body, compliance schedule and monitoring
requirement
Remedies of denied applicants
a. Motion for Reconsideration
b. Appeal to the Secretary
Grounds for suspension/revocation of permit
1. Noncompliance with or gross violation of the CWA,
IRR of CWA and permit conditions
2. Deliberate or negligent submission of false
information in the application which led to the
issuance of permit
3. Deliberate or negligent submission of false monitoring
data or report required in the discharge permit
4. Refusal to allow lawful inspection conducted by the
DENR thru the bureau
5. Nonpayment of wastewater charge within 30 day cure
period from the date such payment is due
6. Other grounds provided by law
ENVIRONMENTAL GUARANTEE FUND
• finance the maintenance of the health of the
ecosystems and specially the conservation of
watersheds and aquifers affected by the development,
and the needs of emergency response, clean-up or
rehabilitation of areas that may be damaged during the
program's or project's actual implementation
• may be in the form of a trust fund, environmental
insurance, surety bonds, letters of credit, self-
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
insurance and any other instruments which may be
identified by the Department
CLEAN-UP OPERATIONS
• any person who causes pollution in or pollutes water
bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and
clean-up any pollution incident at his own expense
• if needs urgency, he Department, in coordination with
other government agencies concerned, shall conduct
containment, removal and clean-up operations at the
expense of such person
PROGRAMMATIC ENVIRONMENTAL IMPACT
ASSESSMENT
• The Department shall implement programmatic
compliance with the environmental impact assessment
system, as in the following types of development:
a. Development consisting of a series of similar
projects, or a project subdivided into several
phases and/or stages whether situated in a
contiguous area or geographically dispersed; and
b. Development consisting of several components or
a cluster of projects co-located in an area such as
an industrial estate, an export processing zone, or
a development
• shall identify environmental constraints and
opportunities in programmatic areas
• Department may allow each regional industrial center
established pursuant to Republic Act No. 7916 (PEZA
law) to allocate effluent quotas to pollution sources
within its jurisdiction that qualify under an
environmental impact assessment system
programmatic compliance program
LEAD AGENCY
• DENR
• DENR is also tasked to prepare a
a. National Water Quality Status Report,
b. an Integrated Water Quality Management
Framework, and
c. a ten-year Water Quality Management Area
Action Plan which is nationwide in scope
covering the Manila Bay and adjoining areas
POLLUTION ADJUDICATION BOARD (PAB)
• “determine the location, magnitude, extent, severity,
causes and effects” of water
• “serve the arbitrator for the determination or
reparation, or restitution of the damages and losses
resulting from pollution.”
JAMES BRYAN DEANG
2017
• conduct hearings, impose penalties for violation of PD
No. 984,
• issue writs of execution to enforce its orders and
decisions
• The PAB’s final decisions may be reviewed by the
Court of Appeals under Rule 43 of the Rules of Court.
POLLUTION RESEARCH AND DEVELOPMENT
LPROGRAMS
• DOST shall conduct and promote the coordination and
acceleration of research, investigation, experiments,
training, surveys and studies relating to the causes,
extent, prevention and control of pollution among
concerned government agencies and research
institutions.
LOCAL GOVERNMENT UNITS
• Each LGU shall, through its Environment and Natural
Resources Office (ENRO) established in Republic Act
No. 7160, have the following powers and functions:
a. Monitoring of water quality;
b. Emergency response;
c. Compliance with the framework of the Water
Quality Management Action Plan;
d. To take active participation in all efforts
concerning water quality protection and
rehabilitation; and
e. To coordinate with other government agencies
and civil society and the concerned sectors in the
implementation of measures to prevent and
control water pollution
ADMINISTRATIVE SANCTIONS
• Local government officials concerned shall be subject
to Administrative sanctions in case of failure to
comply with their action plan
JOINT CONGRESSIONAL OVERSIGHT COMMITTEE
• composed of 5 senators and 5 house representatives
• monitors the implementation of the Act
• co-chaired by the Chairpersons of the Committee on
Environment of the Senate and the Committee on
Ecology of HOR
Doctrines from some cases
Shell Philippine Exploration vs. Jalos
It is clear from this definition that the stress to marine life claimed by
Jalos, et al., is caused by some kind of pollution emanating from Shell's
natural gas pipeline. The pipeline, they said, "greatly affected" or
altered the natural habitat of sh and affected the coastal waters'
natural function as fishing grounds. Inevitably, in resolving Jalos, et al.'s
claim for damages, the proper tribunal must determine whether or not
the operation of the pipeline adversely altered the coastal waters'
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
properties and negatively affected its life sustaining function. The
power and expertise needed to determine such issue lies with the PAB.
Jalos,et al. had, therefore, an administrative recourse before ling their
complaint with the regular courts.The laws creating the PAB and
vesting it with powers are wise. The definition of the term "pollution"
itself connotes the need for specialized knowledge and skills, technical
and scientific, in determining the presence, the cause, and the effects
of pollution. These knowledge and skills are not within the
competence of ordinary courts. Consequently, resort must first be
made to the PAB, which is the agency possessed of expertise in
determining pollution-related matters.
Summit One Condominium Corporation vs. PAB and EMB-NCR
It is undeniable that petitioner failed to comply with effluent standard
and that EMB is not bound to act on the self monitoring report of
Milestone, a non accredited or non- DENR recognized environmental
laboratory entitiy. Under rule 27.5 of the IRR of Clean water act, it is
provided that the continuation of the violation for which a daily fine
shall be imposed shall not be construed to be a continuation of the
discharge or pollutive activity but the continuation of the existence of
pollution. Therefore, SOCC shall be liable for the fines even after the
results shown by Milestone as it is inconsequential. The SOCC should
have inquired before the EMB-NCR regarding its self-monitoring
reports when it was not acted upon. But it failed to do so. Therefore,
the petition is denied.
Questions on Philippine Clean Water Act of 2004
1. What is the definition of hazardous waste?
Hazardous waste – means any waste or combination of wastes
of solid liquid, contained gaseous, or semi-solid form which
cause, of contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness,
taking into account toxicity of such waste, its persistence and
degradability in nature, its potential for accumulation or
concentration in tissue, and other factors that may otherwise
cause or contribute to adverse acute or chronic effects on the
health of persons or organism.
2. Does CWA modify or repeal RA 6969 (hazardous waste
act)? NO.
3. Where to file cases violative of this law? PAB
4. Where to file the action if the waste is solid? If semi
solid? If liquid? [please supply more answers]
Under RA No. 9003,
- Private offender – proper courts
- Public officials – Complaint to Environmental
Ombudsman
Under RA No. 9275
- PAB may hear cases
JAMES BRYAN DEANG
2017
PHILIPPINE CLEAN AIR ACT OF 1999
KEY PRINCIPLES
• Based on the principle that a clean and healthy
environment is for the good of all and should therefore
be the concern of all
RIGHTS RECOGNIZED
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources
according to the principles of sustainable
development;
c. The right to participate in the formulation, planning,
implementation and monitoring of environmental
policies and programs and in the decision-making
process;
d. The right to participate in the decision-making process
concerning development policies, plans and programs
projects or activities that may have adverse impact on
the environment and public health;
e. The right to be informed of the nature and extent of the
potential hazard of any activity, undertaking or project
and to be served timely notice of any significant rise
in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous
substances;
f. The right of access to public records which a citizen
may need to exercise his or her rights effectively under
this Act;
g. The right to bring action in court or quasi-judicial
bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the
rehabilitation and cleanup of affected area, and to seek
the imposition of penal sanctions against violators of
environmental laws; and
h. The right to bring action in court for compensation of
personal damages resulting from the adverse
environmental and public health impact of a project or
activity.
DEFINITION OF TERMS
Air pollutant – any matter found in the atmosphere other than
the inert gases in their natural or normal concentrations that is
detrimental to health or environment
Air pollution – any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge
that will likely to create or render the air resources harmful,
detrimental or injurious to public health.
Ambient air – the general amount of pollution present in a broad
area; and refers to the atmosphere’s average purity as
distinguished from discharge measurements taken at the source
of pollution.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
Ozone Depleting Substances – those substances that
significantly deplete or otherwise modify the ozone layer in a
manner that is likely to result in adverse effects of human health
and the environment such as, but not limited to,
chlorofluorocarbons, halons and the like
AMBIENT AIR QUALITY GUIDELINE VALUES AND
STANDARDS
• DENR shall review and or revise and publish annually
a list of hazardous air pollutants with corresponding
ambient guideline values and/or standard necessary to
protect health and safety, and general welfare.
• The Department shall base such ambient air quality
standards on WHO standards
• Air quality can be measured using three indicators:
a. Particulate Matter (PM) 2.5 – measures the
most dangerous type of air-polluting particles –
particles small enough to enter the bronchial tubes
of the lungs and cause severe respiratory diseases
b. PM10 – measures particles which are small
enough to enter the nasopharynx in the upper
portion of the esophagus
c. Total Suspended Particulates (TSP) – measures
particles bigger than PM10 – the dirt that usually
settles in your nostrils
DENR Administrative Order No. 2013-13
• sets the National Ambient Air Quality Guideline
Value (NAAQGV) for particulate matter measuring
2.5 micrometers in diameter or smaller (PM2.5)
• PM2.5 pollutants are of finer particles usually emitted
by vehicles and burning plants.
AIR POLLUTION CLEARANCES AND PERMITS
• Said permits shall cover emission limitations for the
regulated air pollutants to help attain and maintain the
ambient air quality standards
• All sources of air pollution subject to the
Implementing Rules and Regulations (IRR) of R.A.
No. 8749 must have a valid Permit to Operate issued
by the Director.
• New or modified sources must first obtain an
Authority to Construct issued by the Director.
• Facilities having more than one source may group the
sources under a single permit application, provided the
requirements are met for each individual source
• Department shall require program and project
proponents to put up financial guarantee
mechanisms to finance the needs for emergency
response, clean-up rehabilitation of areas
JAMES BRYAN DEANG
2017
• Financial liability instruments may be in the form a
trust fund, environmental insurance, surety bonds,
letters of credit, as well as self-insurance
POLLUTION FROM STATIONARY SOURCES
• Where no emission or ambient standard is prescribed
– the owner or operator of an industrial plant or
stationary source shall conduct its operation or process
by the best practicable
• The absence of the ambient air or emission standard
for a specific air pollutant shall not preclude the
Department through the Bureau to take appropriate
action to control such pollutants to assure the health,
welfare and comfort of the general population.
• Monitoring and enforcement done through EMB
Regional Offices
BAN ON INCINERATIONS
• Incineration – process of burning of municipal bio-
medical and hazardous wastes, which emits poisonous
and toxic fumes.
• However, prohibition on incineration does not apply to
sanitation “siga”, traditional, agricultural, health and
food preparation and crematoria.
POLLUTION FROM MOTOR VEHICLES
• Any imported new or locally-assembled motor
vehicle shall not be registered unless it complies with
the emission standards set, as evidenced by Certificate
of Conformity (COC).
• No motor vehicle registration (MVR) shall be issued
unless such motor vehicle passes the emission testing
requirement.
• PUV submitted to DOTC/LTO for renewal of
registration shall only be allowed upon presentation of
a valid Vehicle Inspection Report (valid for 6 months)
• Bantay Tambutso – roadside apprehension of smoke
belching vehicles in strategic areas in Metro Manila
• LTO regulates the mandatory emission testing of
private and public vehicles.
• DTI also takes part in the implementation of the Act
which includes the accreditation of emission testing
centers.
• It was observed that compliance to emission standards
is not dependent on the age of the engine as long as
proper preventive maintenance system is undertaken
on a regular basis.
DENR Administrative Order No. 2015-04
• All new vehicles to be used or introduced into the
Philippine market by January 2016 shall be equipped
with Euro 4/IV engine
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
• The Euro emission standards seek to limit the
vehicle’s toxic gas to attain a cleaner, breathable air.
• the DTI, together with the DOTC and the Department
shall formulate and implement a national motor
vehicle inspection and maintenance program that
will promote efficient and safe operation of all motor
vehicles
PUV Modernization Program
• mandates the phaseout of PUVs aged 15 years or old
• jeepneys should be replaced by those powered by Euro
4 engines or electrically-powered engines with solar
panels for roofs
PROHIBITION ON SMOKING
• Section 10 of Clean Air Act: Smoking inside a public
building or an enclosed public place, including public
vehicles and other means of transport, or in any other
enclosed area outside one’s private residence, private
place of work or any duly designated smoking area is
prohibited. (To be implemented by LGUs)
FUELS, ADDITIVES, AND SUBSTANCES
• DOE, co-chaired by the DENR, in consultation with
the Bureau of Product Standards (BPS) of the DTI, the
DOST, the representatives of the fuel and automotive
industries, academe and the consumers shall set the
specifications for all types of fuel and fuel-related
products, to improve fuel composition for increased
efficiency and reduced emissions
• the specifications for all types of fuel and fuel-related
products set-forth shall be adopted by the BPS as
Philippine National Standards (PNS)
• No manufacturer, processor or trader of any fuel or
additive may import, sell, offer for sale, or introduce
into commerce such fuel for additive unless the same
has been registered with the DOE.
• [misfuelling] 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 "unleaded gasoline only"
• [use of leaded gasoline] no person shall manufacture,
import, sell, offer for sale, introduce into commerce,
convey or otherwise dispose of, in any manner, leaded
gasoline and engines and components requiring the
use of leaded gasoline
MONTREAL PROTOCOL
• Section 30 of Clean Air Act: The Department shall
phase-out ozone-depleting substances.
JAMES BRYAN DEANG
2017
INSTITUTIONAL MECHANISM
• RA No. 8749 assigns the DENR, through its EMB, as
the lead agency in the overall implementation of the
law’s provisions
• It shall prepare an annual National Air Quality Status
Report which shall be used as the basis in formulating
the Integrated Air Quality Improvement Framework
• The EMB is required to conduct an inventory of
emissions once every 3 years.
• This emissions inventory estimates emissions coming
from stationary, mobile and area sources.
NON-ATTAINMENT AREAS
• areas where specific pollutants have already exceeded
ambient standards
• In coordination with other appropriate government
agencies, the LGUs shall prepare and implement a
program and other measures including relocation,
whenever necessary, to protect the health and welfare
of residents in the area.
AIR QUALITY MANAGEMENT FUND
• special account in the National Treasury established to
finance containment, removal, and clean-up
operations of the Government in air pollution cases,
guarantee restoration of ecosystems and rehabilitate
areas affected by the acts of violators of this Act, to
support research, enforcement and monitoring
activities and capabilities of the relevant agencies, as
well as to provide technical assistance to the relevant
agencies.
• sourced from the fines imposed and damages awarded
to the Republic of the Philippines by the Pollution
Adjudication Board (PAB), proceeds of licenses and
permits issued by the Department, emission fees and
from donations, endowments and grants in the forms
of contributions
JOINT CONGRESSIONAL OVERSIGHT COMMITTEE
• composed of 5 senators and 5 house representatives
• monitors the implementation of the Act
• co-chaired by a senator and a house representative as
respectively appointed
ACTIONS
Administrative Action involving Stationary Sources
• the Department shall, on its own instance or upon
verified complaint by any person, institute
administrative proceedings against any person who
violates:
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
a. Standards or limitation provided under this Act;
or
b. Any order, rule or regulation issued by the
Department with respect to such standard or
limitation.
• Pollution Adjudication Board (PAB)
shall have exclusive jurisdiction over the adjudication
of pollution cases, and all other matters related thereto,
including the imposition of administrative sanctions,
except as may be provided by law.
Among other environmental laws, it has a specific
jurisdiction over the following cases involving Clean
Air Act:
a. For actual exceedance of air quality standards or
limitations provided under the Clean Air Act;
b. Any order, rule or regulation issued by the DENR
with respect to such standard or limitation
Abatement of private/public nuisance
• Section 694 of NCC provides that nuisance is any act,
omission, establishment, condition of property or
anything else which: (1) injures or endangers the
health or safety of others; or (2) annoys or offends the
senses; or (3) shocks, defies or disregards decency or
morality; or (4) obstructs or interferes with the free
passage of any public highway or street or any body of
water; or (5) hinders or impairs the use of property.
Actions before the LTO
• may be commenced by any person by filing a written
complaint, or by the DOTC on its own initiative, or by
the filing of a charge by any deputized agent of the
DOTC before the hearing officer
• summary in nature
• technical rules of evidence obtaining in courts of law
shall not bind the Traffic Adjudication Service of the
LTO
• Rules of Court in a supplementary character
Citizen Suit
• Any citizen may file an appropriate civil, criminal or
administrative action in the proper court against:
1. Any person who violates or fails to comply with
the provision of the Clean Air Act
2. The Department or other implementing agencies
with respect to orders, rules and regulations issued
inconsistent with Clean Air Act.
3. Any public officer who willfully or grossly
neglects the performance of an act.
Suits and Strategic Legal Actions against Public Participation
(SLAPP)
• Where a suit is brought against a person who filed an
action as provided in Section 41 (Citizen suit) against
JAMES BRYAN DEANG
2017
any person, institution or government agency that
implements a law complained about, it shall be the
duty of the investigating prosecutor or the court, as the
case may be, to immediately determine within 30 days,
whether the said legal action has been filed to harass,
vex, exert undue pressure or stifle such legal recourses
of the person complaining.
Doctrines from some cases
Henares vs.
Land Transportation Franchising and Regulatory Board
Mandamus is available only to compel the doing of an act specifically
enjoined by law as a duty. Here, there is no law that mandates the
respondents LTFRB and the DOTC to order owners of motor vehicles
to use CNG. At most the LTFRB has been tasked by E.O. No. 290 in par.
4.5 (ii), Section 4 "to grant preferential and exclusive Certificates of
Public Convenience (CPC) or franchises to operators of NGVs based on
the results of the DOTC surveys." Further, mandamus will not
generally lie from one branch of government to a coordinate branch,
for the obvious reason that neither is inferior to the other.
Yet, as serious as the statistics are on air pollution, with the present
fuels deemed toxic as they are to the environment, as fatal as these
pollutants are to the health of the citizens, and urgently requiring
resort to drastic measures to reduce air pollutants emitted by motor
vehicles, we must admit in particular that petitioners are unable to
pinpoint the law that imposes an indubitable legal duty on
respondents that will justify a grant of the writ of mandamus
compelling the use of CNG for public utility vehicles. It appears to us
that more properly, the legislature should provide first the specific
statutory remedy to the complex environmental problems bared by
herein petitioners before any judicial recourse by mandamus is taken.
Technology Developers, Inc. vs. Court of Appeals
While it is true that 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
Environmental Management Bureau of the DENR, it must be
recognized that the mayor of a town has as much responsibility to
protect its inhabitants from pollution, and by virtue of his police
power, he may deny the application for a permit to operate a business
or otherwise close the same unless appropriate measures are taken to
control and/or avoid injury to the health of the residents of the
community from the emissions in the operation of the business.
MMDA vs. Jancom Environmental Corporation
G.R. No. 147465, January 30 2002
Section 20 of the Clean Air Act does not absolutely prohibit
incineration as a mode of waste disposal; rather only those burning
processes which emit poisonous and toxic fumes are banned.
MMDA vs. Jancom Environmental Corporation
G.R. No. 147465 April 10 2002
To consider Section 20 of the Clean Air Act as prohibiting all forms of
incineration would render the phrase "which process emits poisonous
and toxic fumes" a useless surplusage, which could not have been the
intention of legislature, seeing that our learned legislators even took
pains to define, in Section 5, Article II of the Clean Air Act what
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
poisonous and toxic fumes are. It may not, thus, be argued that the
Clean Air Act prohibits all forms of incineration as to make the contract
in question violative of the Clean Air Act. This is not to say, of course,
that the contract involved does not in fact run afoul with the Clean Air THE BIRTH OF RA 10121
Act. That issue may still be raised by the proper party in a proper
action.
Questions on Philippine Clean Air Act of 1999
1. Is the Clean Air Act Obsolete? NO.
2. Is there a difference between toxic fume and
poisonous fume?
None. Under RA 8749, both poisonous and toxic fumes mean
any emissions and fumes which are beyond intentionally-
accepted standards
3. What is the “polluter pays principle”?
The commonly accepted practice that those who produce
pollution should bear the costs of managing it to prevent
damage to human health or the environment.
4. What is our present performance environmental
index?
In 2016, 73.70
5. What is an airshed?
Part of the atmosphere that behaves in a coherent way with
respect to the dispersion of emissions. It is a geographical area
within which the air frequently is confined or channeled, with
all parts of the area thus being subject to similar conditions of HYOGO FRAMEWORK FOR ACTION
air pollution.
ENTITIES INVOLVED IN THE DRRM
Implementing Bodies
DRRM Structure
JAMES BRYAN DEANG
2017
PHILIPPINE DISASTER RISK REDUCTION AND
MANAGEMENT ACT OF 2010
• Transforms the Philippines’ disaster management
system from disaster relief and response towards
disaster risk reduction
• Paradigm shift of RA 10121:
a. Bottom-up and participatory disaster risk
reduction
b. Disaster mainly a reflection of people’s
vulnerability
c. Integrated approach to genuine social and human
development to reduce disaster risk
• Disaster Risk Reduction refers to “concept and
practice of reducing disaster risks through systematic
efforts to analyze and manage the causal factors of
disasters, including through reduced exposures to
hazards, lessened vulnerability of people and property,
wise management of land the environment, and
improved preparedness for adverse events.”
• Disaster Response refers to immediate and short‐term
needs and is sometimes called “disaster relief”. It
involves knowing about the hazard contingency plan,
monitoring the hazards through warning systems and
mitigating it by means of infrastructures.
• Outlines five priorities for action, and offers guiding
principles and practical means for achieving disaster
resilience:
1. Governance
2. Knowledge management
3. Vulnerability reduction
4. Disaster preparedness
5. Risk assessment
a. National government
b. LGUs
c. Civil Society Organizations, the private sector and
volunteers
d. Communities
• Clarified the distinction between oversight versus
implementation of DRRM
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
NDRRMC
• Oversee the DRMM system in the Philippines
• Secretary of DND – Chairperson
• Secretary of DILG – VC for Preparedness
• Secretary of DSWD – VC for Response
• Secretary of DOST – VC for Prevention and
Mitigation
• Secretary of NEDA – VC for Rehabilitation and
Recovery
• Section 6 enumerated the powers and functions of the
NDRRMC
OFFICE OF THE CIVIL DEFENSE
• have the primary mission of administering a
comprehensive national civil defense and disaster risk
reduction and management program by providing
leadership in the continuous development of strategic
and systematic approaches as well as measures to
reduce the vulnerabilities and risks to hazards and
manage the consequences of disasters
• Section 9 enumerated the powers and functions of the
OCD
NDRRM PLAN (NDRRMP)
• Document formulated and implements by the
NDRRMC through the OCD that sets out goals and
specific objectives for reducing disaster risk together
with related actions to accomplish these objectives
• Overall vision is safer, adaptive and disaster-resilient
Filipino communities toward sustainable development
• OCD formulates and implements NDRRMP
• Four Priority Areas:
1. Disaster prevention and mitigation
2. Disaster preparedness
3. Disaster response
4. Rehabilitation and recovery
• Result-based programming shall be used in ensuring
that implementation is on time and learning
experiences is built into the DRRM System
LOCAL GOVERNMENT PARTICIPATION ON
DISASTER MANAGEMENT
• Local DRRM managers are at the forefront of disaster
reduction and risk management as they take in the
challenge of enhancing the resilience of their
respective communities where disaster incidents take
place.
REGIONAL DRRMC
JAMES BRYAN DEANG
2017
• carry out coordination, integration, supervision,
monitoring and evaluation functions covering
Regional Council Member Agencies and the
LDRRMCs within their jurisdictions
• responsible in ensuring risk-sensitive regional
development plans, and in case of emergencies, shall
convene the different regional line agencies and
concerned institutions and authorities
• establish an operating facility on a 24-hour basis, to be
known as the Regional Disaster Risk Reduction and
Management Operations Center (RDRRMOC)
METRO MANILA DRRMC
• chaired by the Chairperson of MMDA
• same organizational structure with RDRRMCs
LOCAL DRRMC
• Barangay Development Councils (BDCs) serve as the
LDRRMCs at the barangay level
• Section 11 enumerated the functions of LDRRMCs
• Chaired by the Local Chief Executive and has 18
members
How will the LDRRMCs coordinate during a disaster?
• The LDRRMCs shall take the lead in preparing for,
responding to, and recovering from the effects of any
disaster based on the following criteria:
a. BDC = a barangay is affected
b. City/municipal DRRMC = two (2) or more barangays
c. PDRRMC = two (2) or more cities/municipalities
d. RDRRMC = two (2) or more provinces
e. NDRRMC = two (2) or more regions are affected
LOCAL DRRM OFFICE
• There shall be established an LDRRMO in every
province, city and municipality, and a Barangay
Disaster Risk Reduction and Management Committee
(BDRRMC) in every barangay
• responsible for setting the direction, development,
implementation and coordination of disaster risk
management programs within their territorial
jurisdiction.
• LDRRMO is a mandatory office
• BDRRMC is a mandatory committee
• Functions:
a. Research and planning
b. Administration and training
c. Operations and warning
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
ACCREDITATION, MOBILIZATION, AND
PROTECTION OF DISASTER VOLUNTEERS AND
NATIONAL SERVICE RESERVE CORPS, CSOS AND
THE PRIVATE SECTOR
• Integration of Disaster Risk Reduction Education into
the School Curricula and SK Program
• Mandatory Training for the Public Sector Employees
• DepED, CHED, TESDA, in coordination with the
OCD, NYC, DOST, DENR, DILG-BFP, DOH,
DSWD and other relevant agencies, has the duty to
integrate disaster risk reduction and management
education
LDRRMF (FUND)
• Not less than 5% of the estimated revenue from
regular sources shall be set aside as the LDRRMF to
support disaster risk management activities
• 30% of this shall be allocated to Quick Response
Fund (QRF)
• Unexpended LDRRMF shall accrue to a Special Trust
Fund (STF) solely for the purpose of supporting
disaster risk reduction and management activities of
the LDRRMCs within the next five (5) years
• If not used after 5 years – will revert to the general
fund
• There is also People’s Survival Fund [SEE NOTES
ON THE CLIMATE CHANGE ACT OF 2009]
DECLARATION OF STATE CALAMITY
• State Calamity refers to a condition involving mass
casualty and/or major damages to property, disruption
of means of livelihoods, roads and normal way of life
of people in the affected areas as a result of the
occurrence of natural or human-induced hazard.
• The National Council shall recommend to the
President of the Philippines
• The President’s declaration may warrant international
humanitarian assistance as deemed necessary
• The declaration and lifting of the state of calamity may
also be issued by the local sanggunian, upon the
recommendation of the LDRRMC
• The National Council shall determine the criteria for
the declaration and lifting of a state of calamity
including epidemics
REMEDIAL MEASURES
• If state of calamity is declared:
a. Price control
b. Appropriation of calamity fund
c. Granting of no interest loans
JAMES BRYAN DEANG
2017
Section 6 of RA No. 7581 (Price Act)
• Unless otherwise declared by the President, prices of
basic necessities in an area shall automatically be
frozen at their prevailing prices or placed under
automatic price control whenever:
1. That area is proclaimed or declared a disaster area
or under a state of calamity;
2. That area is declared under an emergency;
3. The privilege of the writ of habeas corpus is
suspended in that area;
4. That area is placed under martial law;
5. That area is declared to be in a state of rebellion;
or
6. A state of war is declared in that area.
Government agencies that extend calamity or emergency
loans
a. GSIS
b. Home Development Fund (PAG-IBIG)
c. SSS
Agencies Involved
a. NDRRMC
b. OCD
c. OP – approval of the calamity fund
d. DBM – issues Special Allotment Release Order and
Notice of Cash Allocation
i. NGAs and GOCCs
ii. LGUs
QUICK RESPONSE FUND
• built-in budgetary allocations that represent pre-
disaster or standby funds for agencies in order to
immediately assist areas stricken by catastrophes and
crises
• does not require the recommendation of the NDRRMC
or the approval of OP to trigger the use and release of
funds
MECHANISM FOR INTERNATIONAL HUMAN
ASSISTANCE
• may be issued by the President upon the
recommendation of the chairman of NDRRMC
• as party to the ASEAN Agreement on Disaster
Management and Emergency Response
(AADMER), the request for assistance may be sent
directly to other ASEAN Member States or through
the ASEAN Humanitarian Assistance (AHA) Centre
in Jakarta, Indonesia.
• The DFA may facilitate the call for international
assistance and closely coordinate with the NDRRMC
• LDRRMCs may directly submit or request assistance
abroad (Section 23, Local Government Code of
1991)
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
• Any importation and donation shall be treated as
importations by and/or donations to the NDRRMC,
subject to the rules and regulations of the Tariff and
Customs Code or special facilities created by the
Office of the President for the purpose
• Payment of duties and taxes by concerned member
agencies, if any, shall be subject to deferred payment
scheme
• Foreign donations and importations for humanitarian
assistance and disaster relief shall also be guided with
the International Disaster Response Law (IDRL)
and other related guidelines
Questions on Philippine Disaster Risk Reduction and
Management Act of 2010
1. Why is RA 10344 relevant to RA 10121?
The protection of DRRM equipment is crucial in guaranteeing
accurate and timely determination of factors involved in
hazards. Previously, isolated incidents involving the theft and
destruction of such equipment have hampered the efforts of the
NDRRMC and its local counterparts, with the implementation
of this law, the operations of NDRRMC and its local
counterparts will proceed smoothly.
2. Could you bring an action under RA 10121 against
an LGU?
[my suggested answer (read at your own risk] YES. An
aggrieved party may bring an action using the grounds or
responsibilities enumerated under R.A. No. 10121 through a
petition for a writ of continuing mandamus. According to the
Rules of Procedure for Environmental Cases, a Writ of
Continuing Mandamus is “a writ issued by a court in an
environmental case directing any agency or instrumentality of
the government, or officer thereof to perform an act or series of
acts decreed by final judgment which shall remain effective
until judgment is fully satisfied.”
3. Could RA 10121 be a source of substantive right
under the law on torts?
[my suggested answer (read at your own risk] YES. Where the
act complained of does not fall under a specific violation of
Environmental Law and there is evidence of recklessness or
negligence resulting in harm to the environment, the Civil Code
provisions on quasi-delict may apply (for example, negligence
attributed to an officer of NDRRMC or its local counterpart in
connection to its mandated duties). There is negligence when a
person’s conduct lacks the diligence required by the nature of
the obligation (arising from law in this case). Recklessness is
conduct by a defendant which demonstrates a conscious
disregard for a known risk of probable harm to others.137
Under the rules on quasi-delict, the basic legal duty is to act
with reasonable care. A party may be held liable for activities
which result in harm to others even though he did not act
intentionally in causing the harm. In environmental litigation,
negligence is one of the arguments raised by those whose
JAMES BRYAN DEANG
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environmental rights are violated. The Civil Code provisions
on quasi-delicts are found in Articles 2176 to 2194.
CLIMATE CHANGE ACT OF 2009
KEY PRINCIPLES
• Mitigation is defined as a policy or action, measures,
strategies to reduce or avoid GHG emissions or to
increase GHG absorption.
• Adaptation is the adjustment in natural or human
systems to a new or changing environment.
• Two of the major coal contributors: carbon dioxide
and nitrous oxide
• Agreement with UN Framework Convention on
Climate Change (UNFCCC) put into effect through
the Paris Agreement 2015
• The State has adopted the Philippine Agenda 21
framework which espouses sustainable development,
to fulfill human needs while maintaining the quality if
the natural environment for current and future
generations.
• Hyogo Framework for Action, the State likewise
adopts the strategic goals in order to build national and
local resilience to climate change-related disasters
TERMS
• Climate Change refers to a change in climate that can
be identified by changes in the mean and/or variability
of its properties and that persists for an extended
period typically decades or longer, whether due to
natural variability or as a result of human activity.
• Disaster refers to a serious disruption of the
functioning of a community or a society involving
widespread human, material, economic or
environmental losses and impacts which exceed the
ability of the affected community or society to cope
using its own resources.
• Disaster Risk Reduction and Management refers to
the systematic process of using administrative
directives, organizations, and operational skills and
capacities to implement strategies, policies and
improved coping capacities in order to lessen the
adverse impacts of hazards and the possibility of
disaster. Prospective Disaster Risk Reduction and
Management refers to risk reduction and management
activities that address and seek to avoid the
development of new or increased disaster risk,
especially if the risk reduction policies are not put in
place.
• Global warming refers to the increase in the average
temperature of the Earth’s near-surface air and oceans
tat is associated with the increased concentration of
greenhouse gases in the atmosphere.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
CLIMATE CHANGE COMMISSION
• attached to the Office of the President
• an independent and autonomous agency with the same
status as that of a national government
• It is the sole policy-making body of the government
tasked to coordinate, monitor and evaluate the
programs and action plans of the government relating
to climate change.
• President – Chairperson
• Consists of three commissioners assisted by a
1. Climate Change Officer
2. National Panel of Technical Experts
3. Advisory Board
• A Joint Congressional Oversight Committee
composed of 5 senators and five house representatives
monitors the Act’s implementation
FORMULATION OF FRAMEWORK STRATEGY AND
PROGRAM ON CLIMATE CHANGE
• Section 12 states that the Framework shall include, but
not limited to, the following components:
NIPIR-DAAMM
a. National priorities;
b. Impact, vulnerability and adaptation assessments;
c. Policy formulation;
d. Compliance with international commitments;
e. Research and development;
f. Database development and management;
g. Academic programs, capability building and
mainstreaming;
h. Advocacy and information dissemination;
i. Monitoring and evaluation; and
j. Gender mainstreaming.
• Serves as framework for the formulation of climate
change action plans both at the national and local level
• Key Result Areas (KPAs) or climate-sensitive sectors
a. Agriculture
b. Biodiversity
c. Infrastructure
d. Energy
e. Population
f. Health
g. Demography
• Mitigation strategies aimed to facilitate the transition
of the country towards low greenhouse gas emissions
for sustainable development in the long run.
• Adaptation strategies on the other hand, aimed to
build the adaptive capacity of communities and to
increase the resilience of natural ecosystems to climate
change in the long run.
• The Commission is also authorized by the R.A. 9249
to accept grants, contributions, donations,
JAMES BRYAN DEANG
2017
endowments, bequests, or gifts in cash, or in kind from
local and foreign sources in support of the
development and implementation of climate change
programs and plan.
NATIONAL CLIMATE CHANGE ACTION PLAN
(NCCAP)
• 2011-2028
• Components: NIDAGA
a. Assessment of the national impact of climate change;
b. The identification of the most vulnerable
communities/areas, including ecosystems to the
impacts of climate change, variability and extremes;
c. The identification of differential impacts of climate
change on men, women and children;
d. The assessment and management of risk and
vulnerability;
e. The identification of GHG mitigation potentials; and
f. The identification of options, prioritization of
appropriate adaptation measures for joint projects of
national and local governments.
• seven strategic priorities:
1. Food security;
2. Water sufficiency;
3. Ecological and Environmental stability;
4. Human security;
5. Climate-friendly industries and services;
6. Sustainable energy;
7. Knowledge and capacity development.
LOCAL CLIMATE CHANGE ACTION PLAN
• Guiding principles in its formulation:
1. Increase knowledge and understanding of the hazard
and climate change impacts.
2. Increase understanding of exposure, vulnerability and
adaptive capacity.
3. Identify and engage relevant stakeholders.
4. Build on existing policies, tools, processes and good
practices.
5. Work with uncertainties.
6. Prioritize adaptation options.
7. Consider adaptation actions that are sustainable.
8. Build on partnership to reduce vulnerability and risk to
climate change impacts.
9. Avoid mal-adaptation.
10. Monitor and evaluate.
UNFCCC
• Paris Agreement is the landmark agreement
• It aims to limit the global temperature rise to well
below 2°C above pre-industrial levels and to pursue
efforts to limit the increase to 1.5°C.
33
NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER 2017

• The Instrument of Accession for the Paris Agreement

was accepted/approved by the UNFCCC on 23 March 4. Is preventing climate change a demandable human
2017 and officially entered into force on 22 April 2017 right? Is causing climate change a source of tort?
Firs Q: NO. Preventing climate change is not a demandable
PEOPLE’S SURVIVAL FUND human right in the context of human rights but an essential
obligation and responsibility of the States and other duty-
• annual fund intended for local government units and bearers. Preventing climate change, moreover, is an attribute of
accredited local/community organizations to the people’s right to balanced and healthful ecology. For
implement climate change adaptation projects example, prior to the Conference of Parties (COP) to the
• supplements the annual appropriations allocated by UNFCCC, the UN High Commissioner for Human Rights
relevant government agencies and local government emphasized the responsibilities that all States have to ensure
units for climate-change-related programs and projects full coherence to advance the green economy and their human
• suppletory to any annual appropriations allocated by rights obligation. Mitigating climate change and preventing its
relevant government agencies for climate change- negative human rights impacts can be inferred to be as essential
related programs and projects and by LGUs obligation and responsibility of the government coherent to the
• 1B pesos from GAA as opening balance people’s right to a balanced and healthful ecology.
• May be increased as the need arises
Second Q: YES. If viewed in a sense that tort law is for the
• All LGUs and L/Cos are eligible to receive resources
protection of private rights and from the perspective of tort law
from the Fund
– as distinct from regulatory/administrative law, land use law,
human rights law, and international law – the theory and
• Criteria:
practice of pleading and proving a civil wrong caused by one or
a. Poverty incidence (40%)
more defendants’ “climate change” conduct is sufficient to
b. Presence of multiple hazards (30%)
trigger entitlement to money damages or injunctive reliefs, or
c. Presence of key biodiversity areas (KBAs) (30%)
both. (no jurisprudence yet on this matter except for successful
cases on right to a balanced and healthful ecology like Oposa
Questions on Climate Change Act of 2009
vs. Factoran)
1. What is climate justice?
Climate justice is a term used for framing global warming as an
5. (See Carbon majors case)
ethical and political issue, rather than one that is purely
The world’s largest oil, coal, cement and mining companies
environmental or physical in nature. This is done by relating the
have been given 45 days to respond to a complaint that their
effects of climate change to concepts of justice, particularly
greenhouse gas emissions have violated the human rights of
environmental justice and social justice and by examining
millions of people living in the Phillippines.
issues such as equality, human rights, collective rights, and the
historical responsibilities for climate change. A fundamental
In a potential landmark legal case, the Commission on Human
proposition of climate justice is that those who are least
Rights of the Philippines (CHR), a constitutional body with the
responsible for climate change suffer its gravest consequences.
power to investigate human rights violations, has sent 47
Occasionally, the term is also used to mean actual legal action
“carbon majors” including Shell, BP, Chevron, BHP Billiton
on climate change issues.
and Anglo American, a 60-page document accusing them of
breaching people’s fundamental rights to “life, food, water,
2. What is the national agenda of the law on climate
sanitation, adequate housing, and to self determination”.
change?
The law aims to mainstream climate change adaptation into
The move is the first step in what is expected to be an official
government policy and establish a framework strategy
investigation of the companies by the CHR, and the first of its
kind in the world to be launched by a government body.
3. What are the Philippines’ commitments on climate
change?
The complaint argues that the 47 companies should be held
a. UNFCCC
accountable for the effects of their greenhouse gas emissions in
b. Paris Agreement 2015
the Philippines and demands that they explain how human
c. Philippine Agenda 21 Framework
rights violations resulting from climate change will be
Five goals:
“eliminated, remedied and prevented”.
i. Poverty reduction
ii. social equity
It calls for an official investigation into the human rights
iii. empowerment and good governance
implications of climate change and ocean acidification and
iv. peace and solidarity
whether the investor-owned “carbon majors” are in breach of
v. ecological integrity
their responsibilities.
d. Hyogo Framework for Action

JAMES BRYAN DEANG 34

NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
PROHIBITED ACTS
REVISED FORESTRY CODE
I. Section 68 of PD 705
1. Cutting, gathering, collecting and removing timber or
other forest products from any forest land, or timber
from alienable or disposable public and, or from
private land without any authority; and
2. Mere possession of timber or other forest products
without the legal documents required under existing
forest laws and regulations.
• In the second offense, it is immaterial whether the
method of gathering the timber is legal or not. Mere
possession of the forest product without the proper
document is a prima facie evidence of the crime.
• Violation of Section 68 is an offense equivalent to
Qualified Theft (Articles 309 and 310 of RPC). It is
not qualified theft per se, but imposes only a penalty
equivalent to that of qualified theft.
• The elements of the crime of qualified theft of logs
are:
a. that the accused cut, gathered, collected or
removed timber or other forest products;
b. that the timber or other forest products belong
to the government or to any other private
individual; and
c. that the cutting, gathering, collecting or
removing was without authority granted by
the state
• Illegal Forest Products – Any forest products that are
removed, cut, collected, processed and/or transported:
a. without the requisite, authorization or permit;
or
b. with incomplete supporting documents;
c. with genuine authorizations or permits and/or
supporting documentation that have an
expired validity, have been cancelled or that
contain forged entries; or
d. with spurious (fake) authorizations, permits
and/or supporting documents.
• This offense is considered as Mala Prohibita.
• Any timber/forest product, as well as the machineries,
equipment and tools illegally used in the area where
the timber or forest products are found, shall be
confiscated in favor of the government.
• A forest officer or employee may arrest without
warrant any person who has committed, or is
committing in his presence any of the offense defined
in the code.
JAMES BRYAN DEANG
2017
• If an officer arrests an alleged perpetrator without a
warrant, and without violating any offense in the code
in his presence, the officer shall be investigated
administratively.
• Forest products and other items seized and confiscated
upon authority of the DENR Secretary is lawfully
taken by virtue of legal process and is deemed to be in
custodia legis, therefore, beyond reach of replevin.
• Courts cannot review the decisions of the DENR
Secretary except through special civil action for
certiorari or prohibition.
• A suit against public officers acting within the scope
of their authority is a suit against the state and cannot
prosper without its consent.
II. Pasturing livestock
III. Illegal occupation of national parks system and
recreation areas and vandalism therein
IV. Survey by unauthorized persons
V. Misclassification and survey by government official
or employee
FISHERIES AND LLDA
The following are the prohibitive acts under RA 10654.
SECTIONS
86. Unauthorized Fishing.
87. Engaging in Unauthorized Fisheries Activities
88. Failure to Secure Fishing Permit Prior to Engaging in
Distant Water Fishing
89. Unreported Fishing
90. Unregulated Fishing
91. Poaching in Philippine Waters
92. Fishing Through Explosives, Noxious or Poisonous
Substance, or Electricity
93. Use of Fine Mesh Net
94. Fishing in Overexploited Fishery Management Areas
95. Use of Active Gear in Municipal Waters, Bays and
Other Fishery Management Areas
96. Ban on Coral Exploitation and Exportation
97. Ban on Muro-ami, Other Methods and Gear
Destructive to Coral Reefs and Other Marine Habitat
98. Illegal Use of Superlights or Fishing Light Attractor
99. Conversion of Mangroves
100. Fishing During Closed Season
101. Fishing in Marine Protected Areas, Fishery Reserves,
Refuge and Sanctuaries
102. Fishing or Taking of Rare, Threatened or Endangered
103. Capture of Sabalo and Other Breeders/Spawners
104. Exportation of Breeders, Spawners, Eggs or Fry
105. Importation or Exportation of Fish or Fishery Species.
106. Violation of Harvest Control Rules
107. Aquatic Pollution
108. Failure to Comply with Minimum Safety Standards
109. Failure to Submit a Yearly Report on All Fishponds,
Fish Pens and Fish Cages
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
110. Gathering and Marketing of Shell Fishes or Other
Aquatic Species
111. Obstruction to Navigation or Flow or Ebb of Tide in
any Stream, River, Lake or Bay
112. Noncompliance with Good Aquaculture Practices
113. Commercial Fishing Vessel Operators Employing
Unlicensed Fisherfolk, Fishworker or Crew
114. Obstruction of Defined Migration Paths
115. Obstruction to Fishery Law Enforcement Officer
116. Noncompliance with Fisheries Observer Coverage
117. Noncompliance with Port State Measures
118. Failure to Comply with Rules and Regulations on
Conservation and Management Measures
119. Noncompliance with Vessel Monitoring Measures
120. Constructing, Importing or Converting Fishing
Vessels or Gears Without Permit from the Department
121. Use of Unlicensed Gear
122. Falsifying, Concealing or Tampering with Vessel
Markings, Identity or Registration
123. Concealing, Tampering or Disposing of Evidence
Relating to an Investigation of a Violation
124. Noncompliance with the Requirements for the
Introduction of Foreign or Exotic Aquatic Species
125. Failure to Comply with Standards and Trade-Related
Measures
126. Possessing, Dealing in or Disposing Illegally Caught
or Taken Fish
127. Unauthorized Disclosure of Sensitive Technical
Information
128. Other Violations
NIPAS ACT OF 1992
2. Hunting, destroying, disturbing, or mere possession of
any plants or animals or products derived therefrom
without a permit from the Management Board;
3. Dumping of any waste products detriment to the
protected area, or to the plants and animals or inhabitants
therein;
4. Use of any motorized equipment without a permit from
the Management Board;
5. Mutilating, defacing or destroying objects of natural
beauty, or objects of interest to cultural communities (of
scenic value);
6. Damaging and leaving roads and trails in a damaged
condition;
7. Squatting, mineral locating, or otherwise occupying any
land;
8. Constructing or maintaining any kind of structure, fence
or enclosures, conducting any business enterprise
without a permit;
9. Leaving in exposed or unsanitary conditions refuse or
debris, or depositing in ground or in bodies of water; and
10. Altering, removing destroying or defacing boundary
marks or signs.
JAMES BRYAN DEANG
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ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF
2000
11. Littering, throwing, dumping of waste matters in public
places, such as roads, sidewalks, canals, esteros or parks,
and establishment, or causing or permitting the same;
12. Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation
operation and other requirements or permits set forth in
established pursuant;
13. The open burning of solid waste;
14. Causing or permitting the collection of non-segregated
or unsorted wastes;
15. Squatting in open dumps and landfills;
16. Open dumping, burying of biodegradable or
nonbiodegradable materials in flood prone areas;
17. Unauthorized removal of recyclable material intended
for collection by authorized persons;
18. The mixing of source-separated recyclable material with
other solid waste in any vehicle, box, container or
receptacle used in solid waste collection or disposal;
19. Establishment or operation of open dumps as enjoined
in this Act, or closure of said dumps in violation of Sec.
37;
20. The manufacture, distribution or use of
nonenvironmentally acceptable packaging materials;
21. Importation of consumer products packaged in
nonenvironmentally acceptable materials;
22. Importation of toxic wastes misrepresented as
"recyclable" or "with recyclable content";
23. Transport and dumplog in bulk of collected domestic,
industrial, commercial, and institutional wastes in areas
other than centers or facilities prescribe under this Act;
24. Site preparation, construction, expansion or operation of
waste management facilities without an Environmental
Compliance Certificate required pursuant to Presidential
Decree No. 1586 and this Act and not conforming with
the land use plan of the LGU;
25. The construction of any establishment within two
hundred (200) meters from open dumps or controlled
dumps, or sanitary landfill; and
26. The construction or operation of landfills or any waste
disposal facility on any aquifer, groundwater reservoir,
or watershed area and or any portions thereof
PHILIPPINE DISASTER RISK REDUCTION AND
MANAGEMENT ACT OF 2010
Section 19, Republic Act No. 10121 states:
Any person, group or corporation who commits any of the
following prohibited acts shall be held liable and be subjected
to the penalties in Section 20 of this Act:
d. Dereliction of duties which leads to destruction, loss
of lives, critical damage of facilities and misuse of
funds;
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER
e. Preventing the entry and distribution of relief goods
in disaster-stricken areas, including appropriate
technology, tools, equipment, accessories, disaster
teams/experts;
f. Buying, for consumption or resale, from disaster
relief agencies any relief goods, equipment or other
aid commodities which are intended for distribution
to disaster affected communities;
g. Buying, for consumption or resale, from the recipient
disaster affected persons any relief goods, equipment
or other aid commodities received by them;
h. Selling of relief goods, equipment or other aid
commodities which are intended for distribution to
disaster victims;
i. Forcibly seizing relief goods, equipment or other aid
commodities intended for or consigned to a specific
group of victims or relief agency;
j. Diverting or misdelivery of relief goods, equipment
or other aid commodities to persons other than the
rightful recipient or consignee,
k. Accepting, possessing, using or disposing relief
goods, equipment or other aid commodities not
intended for nor consigned to him/her;
l. Misrepresenting the source of relief goods,
equipment or other aid commodities by:
1. Either covering, replacing or defacing the
labels of the containers to make it appear
that the goods, equipment or other aid
commodities came from another agency or
persons;
2. Repacking the goods, equipment or other
aid commodities into containers with
different markings to make it appear that
the goods, came from another agency or
persons or was released upon the instance
of a particular agency or persons;
3. Making false verbal claim that the goods,
equipment or other aid commodity in its
untampered original containers actually
came from another agency or persons or
was released upon the instance of a
particular agency or persons;
m. Substituting or replacing relief goods, equipment
or other aid commodities with the same items or
inferior/cheaper quality;
n. Illegal solicitations by persons or organizations
representing others as defined in the standards and
guidelines set by the NDRRMC;
o. Deliberate use of false or inflated data in support of
the request for funding, relief goods, equipment or
other aid commodities for emergency
p. Tampering with or stealing hazard monitoring and
disaster preparedness equipment and
paraphernalia.
JAMES BRYAN DEANG
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RISK REDUCTION AND PREPAREDNESS EQUIPMENT
ACT
Section 4. Prohibited Acts. – The government risk reduction
and preparedness equipment, accessories and other vital facility
items, or parts thereof shall, at all times, be protected and it shall
be unlawful for any person to commit any of the following acts:
a. Steal, or take, or possess any of the equipment, or
any part thereof;
b. Sell or buy stolen equipment or any part thereof;
c. Tamper, dismantle, or disassemble equipment or any
part thereof;
d. Attempt to commit any of the abovementioned
prohibited acts; and
e. Benefit from the proceeds or fruits of any of the
abovementioned prohibited acts knowing that the
proceeds or fruits are derived from the commission
of said prohibited acts.
PHILIPPINE CLEAN WATER ACT OF 2004
a. Discharging, depositing or causing to be deposited
material of any kind directly or indirectly into the
water bodies or along the margins of any surface
water, where, the same shall be liable to be washed
into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water
pollution or impede natural flow in the water body;
b. Discharging, injecting or allowing to seep into the soil
or sub-soil any substance in any form that would
pollute groundwater. In the case of geothermal
projects, and subject to the approval of the
Department, regulated discharge for short-term
activities (e.g. well testing, flushing, commissioning,
venting) and deep re-injection of geothermal liquids
may be allowed: Provided, That safety measures are
adopted to prevent the contamination of the
groundwater;
c. Operating facilities that discharge regulated water
pollutants without the valid required permits or after
the permit was revoked for any violation of any
condition therein;
d. Disposal of potentially infectious medical waste into
sea water by vessels unless the health or safety of
individuals on board the vessel is threatened by a great
and imminent peril;
e. Unauthorized transport or dumping into sea waters of
sewage sludge or solid waste as defined under
Republic Act No. 9003;
f. Transport, dumping or discharge of prohibited
chemicals, substances or pollutants listed under
Republic Act No. 6969;
g. Operate facilities that discharge or allow to seep,
willfully or through gross negligence, prohibited
chemicals, substances or pollutants listed under
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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER 2017

Republic Act No. 6969, into water bodies or wherein

the same shall be liable to be washed into such surface,
ground, coastal, and marine water;
h. Undertaking activities or development and expansion
of projects, or operating wastewater/sewerage
facilities in violation of Presidential Decree No. 1586
and its implementing rules and regulations;
i. Discharging regulated water pollutants without the
valid required discharge permit pursuant to this Act or
after the permit was revoked or any violation of any
condition therein;
j. Noncompliance of the LGU with the Water Quality
Framework and Management Area Action Plan. In
such a case, sanctions shall be imposed on the local
government officials concerned;
k. Refusal to allow entry, inspection and monitoring by
the Department in accordance with this Act;
l. Refusal to allow access by the Department to relevant
reports and records in accordance with this Act;
m. Refusal or failure to submit reports whenever required
by the Department in accordance with this Act;
n. Refusal or failure to designate pollution control of cers
whenever required by the Department in accordance
with this Act; and
o. Directly using booster pumps in the distribution
system or tampering with the water supply in such a
way as to alter or impair the water quality.

“That in all things God may be glorified!”

JAMES BRYAN DEANG 38