Resident Marine Mammals vs Reyes

Under the NIPAS Act, a protected area refers to portions of land and water, set aside due to their
unique physical and biological significance, managed to enhance biological diversity and
protected against human exploitation.
Tañon Strait, pursuant to Proclamation No. 1234, was declared protected area under Protected
Seascape. Pursuant to the Nipas Act, unless an ECC under the EIA system is first obtained, no
activity outside the scope of the management plan shall be implemented.1

Statutes must be construed as a whole, surveying for energy resources under Section 14 is not an
exemption from complying with the EIA requirement in Section 12— instead, Section 14
provides for additional requisites.

SC-46 was not for the mere purpose of gathering information as it also provides for extraction
and petroleum production should oil be found. While Presidential Decree No. 87 may serve as
the general law  which petroleum exploration and extraction may be authorized, the exploitation
and utilization of this energy resource in the present case may be allowed only through a law
since Tañon Strait is a NIPAS area.

Apex Mining vs Southeast Mindanao

Only protected areas enumerated under Sec 5(a) 2 of the Nipas Act cannot be modified. Such
enumeration does not include a “forest reserve” hence it can be modified into a mineral reserve.

Picop vs Base Metals

RA 7586 expressly requires that there be a prior presidential decree, presidential proclamation,
or executive order proclaiming, designating, and setting aside the wilderness area before the
same may be considered part of the NIPAS as a protected area.

1
A management plan was designed to protect and enhance the permanent preservation of its natural conditions.
2
Sec. 5. Establishment and Extent of the System. — The establishment and operationalization of the System shall
involve the following:
(a) All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree,
presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness
area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected
and managed landscape/seascape as well as identified virgin forests before the effectivity of this Act are hereby
designated as initial components of the System. The initial components of the System shall be governed by existing
laws, rules and regulations, not inconsistent with this Act.