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SAN BEDA UNIVERSITY, College of Law

Natural Resources and Environmental Law
Final Exams Review Materials
Prof: Comm. Wilhelm D. Soriano

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1. Consequences and Distortion on the Environment caused by Deforestation

The distortion and disturbance of this balance of ecology as a consequence of deforestation (Timber
License Agreement and Logging Concession) have resulted in a host of environment tragedies, such as:
a) The reduction of the country’s capacity to process carbon dioxide gases which has led to perplexing
and catastrophic climate change such as the phenomenon of global warming known as the “Greenhouse
Effect”
b) Increasing velocity of typhoon winds and storm surge due to the loss of rainforests which serves as
windbreakers (an average of Twenty (20) typhoons enters the Philippine Area of Responsibility every
year)
c) Recurrent spells of drought and heavy rainfalls brought about by the El Nino and La Nina phenomena
d) Massive erosion and the consequential loss of soil fertility and agricultural productivity, with the volume
of soil eroded estimated at one billion cubic meters per annum
e) The flooding of lowland due to the absence of the absorbent mechanism of forests
f) The disturbance and location of Cultural Minorities, including the disappearance of the indigenous
cultures
g) Water shortages resulting from drying up of the water table, otherwise known as the “aquifer), as well
as of rivers, brooks and streams
h) Salinization of the water table as a result of the intrusion of salt water
i) Endangering and extinction of the country’s unique, rare and varied flora and fauna
j) Siltation of rivers and seabeds and consequential destruction of corals and other aquatic life leading to
a critical reduction in marine resource productivity
k) The siltation and shortening of the lifespan of dams constructed and operated for the purpose of
supplying water for domestic use, irrigation and the generation of electric power

2. Kinds of Mineral Deposits

Mineral deposits which are natural deposits or accumulation of minerals, belong to the State, whether
found in public or private lands, or in beds of creeks, rivers, lakes, or other submerged lands within the
territorial waters of on the continental shelf (RA 7942).

1) First Group – Metal or Metalliferous ores, this embraces lands which contain any of the metallic
elements or minerals, or their combinations, such as gold, silver, platinum, tin, chromium, iron,
manganese, copper, nickel, lead, zinc, cinnabar, tungsten, and the like

2) Second Group – Precious Stones, this group embraces lands which contain mineral mainly used for
ornamental purposes, such as diamond, ruby, emerald, sapphire, topaz, amethyst, zircon, aquamarine,
opal, jade, agate, tourmaline, beryl, garnet, turquoise, and the like

3) Third Group – Fuels, this covers lands containing combustible substances in solid, liquid, and gaseous
form, such as peat, coal, mineral oils, natural gas, oil shale, asphalt, and the like (but not the recent
products of organic life)

4) Fourth Group – Saline and Mineral Waters, lands under this group contain surface or subterranean
soluble substances or waters which by their mineral contents are regarded as mineral waters, such as
salts, nitrates, sulphureted, carbonated, sodiac, calcic, and other waters

3. Mining Activities/Techniques

a) Surface mining is done by removing or stripping surface vegetation, plants or trees, dirt, and layers of
bedrock in order to reach a ore deposits
b) Open-pit mining is similar to surface mining, which is the recovery of minerals deposits from an open
pit in the ground
c) Quarrying, identical to open-pit mining except that it refers to sand, stone and clay
d) Strip mining which consists of stripping surface layers off to reveal ore/seams underneath
e) Mountain top removal, commonly associated with coal extraction, which involves taking the top of the
mountain off to reach ore deposits at depth
f) Underground mining, which consists of digging tunnels or shafts into the earth to reach buried ore
deposits
g) High-wall mining is another form of surface mining that evolved from augur mining. In high-wall mining,
the coal seam is penetrated by a continuous miner propelled by a hydraulic Push-beam Transfer
Mechanism (PTM)

4. State Policies with regards to Coal Mining, and Mining Activities in general

PD 910 (CREATING AN ENERGY DEVELOPMENT BOARD, DEFINING ITS POWERS AND

FUNCTIONS, PROVIDING FUNDS, THEREFOR, AND FOR OTHER PURPOSES)
Section 1. Declaration of Policy. It is declared policy of the State to achieve self-reliance in the country's
energy requirements primarily through the intensified and coordinated exploration, exploitation and
development of indigenous energy resources in order to accelerate overall economic growth.

RA 7638 (DEPARTMENT OF ENERGY ACT OF 1992)

Section 2. Declaration of Policy. — It is hereby declared the policy of the State: (a) to ensure a
continuous, adequate, and economic supply of energy with the end in view of ultimately achieving self-
reliance in the country’s energy requirements through the integrated and intensive exploration,
production, management, and development of the country’s indigenous energy resources, and through
the judicious conservation, renewal, and efficient utilization of energy to keep pace with the country’s
growth and economic development and taking into consideration the active participation of the private
sector in the various areas on energy resource development; and (b) to rationalize, integrate, and
coordinate the various programs of the Government towards self-sufficiency and enhanced productivity in
power energy without sacrificing ecological concerns.

RA 7942 (PHILIPPINE MINING ACT OF 1995)

Section 2. All mineral resources in public and private lands within the territory and exclusive economic
zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to
promote their rational exploration, development, utilization and conservation through the combined efforts
of government and the private sector in order to enhance national growth in a way that effectively
safeguards the environment and protect the rights of affected communities.

5. Obligations of the Government and the Operators under a valid Coal Operating Contract

PRESIDENTIAL DECREE NO. 972 "THE COAL DEVELOPMENT ACT OF 1976."

Section 9. Obligations of Operator in Coal Operating Contract.
The operator under a coal operating contract shall undertake, manage and execute the coal operations
which shall include:
(a) The examination and investigation of lands supposed to contain coal, by detailed surface geologic
mapping, core drilling, trenching, test pitting and other appropriate means, for the purpose of probing the
presence of coal deposits and the extent thereof;
(b) Steps necessary to reach the coal deposits so that can be mined, including but not limited to shaft
sinking and tunneling; and
(c) The extraction and utilization of coal deposits.

The Government shall oversee the management of operation contemplated in the coal operating contract
and in this connection, shall require the operator to:
(a) Provide all the necessary service and technology;
(b) Provide the requisite financing;
(c) Perform the work obligations and program prescribed in the coal operating contract which shall be less
than those prescribed in this Decree;
(d) Operate the area on behalf of the Government in accordance with good coal mining practices using
modern methods appropriate for the geological conditions of the area to enable maximum economic
production of coal, avoiding hazards to life, health and property, avoiding pollution of air, land and waters,
and pursuant to an efficient and economic program of operation;
(e) Furnish the Energy Development Board promptly with all information, data and reports which it may
require;
(f) Maintain detailed technical records and account of its expenditures;
(g) Maintain detailed technical records and account of safety demarcation of agreement acreage and
work areas, non-interference with the rights of the other petroleum, mineral and natural resources
operators;
(h) Maintain all necessary equipment in good order and allow access to these as well as to the
exploration, development and production sites and operations to inspectors authorized by the Energy
Development Board;
(i) Allow representatives authorized by the Energy Development Board full access to their accounts,
books and records for tax and other fiscal purposes;

On the other hand, the Energy Development Board shall:

(a) On behalf of the Government, reimburse the operator for all operating expenses not exceeding ninety
percent (90%) of the gross proceeds from production in any year; Provided, that if in any year, the
operating expenses exceed ninety percent (90%) of the gross proceeds from production, then the
unrecovered expenses shall be recovered from the operation of succeeding years. Operating expenses
mean the total expenditures for coal operation incurred by the operator as provided in a coal operating
contract; (b) Pay the operator a fee, the net amount of which shall not exceed forty per cent (40%) of the
balance of the gross income after deducting all operating expenses (as amended by P.D. 1174);
(c) Reimburse operating expenses and pay the operator's fee in such form and manner as provided for in
the coal operating contract.

6. Authority of the State to review existing mineral reservations area

E.O. NO. 79 INSTITUTIONALIZING 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

Section 3. Review of the Performance of Existing Mining Operations and Cleansing of Non-Moving
Mining Rights Holders. To ensure compliance with environmental standards, laws, rules and
regulations, and to rationalize the management and utilization of minerals toward sustainable
development, a multi-stakeholder team led by the DENR shall conduct a review of the performance of
existing mining operations. The said review shall be based on guidelines and parameters set forth in the
specific mining contract or agreement and on other pertinent or applicable laws, rules and regulations,
such as the Mining Act of 1995 and the Labor Code. Appropriate action shall be immediately taken
against proven violators based on the findings and recommendations of the review.
RA 7942 (PHILIPPINE MINING ACT OF 1995)
Section 7. Periodic Review of Existing Mineral Reservations. The Secretary shall periodically review
existing mineral reservations for the purpose of determining whether their continued existence is
consistent with the national interest, and upon his recommendation, the President may, by proclamation,
alter or modify the boundaries thereof or revert the same to the public domain without prejudice to prior
existing rights.

7. Auxiliary rights of Mining Companies granted permit to mine

PD 463 - MINERAL RESOURCES DEVELOPMENT DECREE OF 1974"

Chapter XI AUXILIARY MINING RIGHTS
Section 56. Mine's Timber Rights. Any provision of law to the contrary notwithstanding, a claim owner
shall have the right to cut trees or timber within his mining claims, subject to the rules and regulations of
the Bureau of Forest Development, as may be necessary for the exploration, development, exploitation,
utilization or operation of his mining claims: Provided, That if the land covered by such mining claims are
already covered by existing timber concessions, the amount of timber needed and the manner of cutting
and removal thereof shall be determined by the Director, the claim owner and the timber concessionaire:
Provided, further, That in case no agreement can be reached between the claim owner and the timber
concessionaire, the matter shall be submitted to the Secretary whose decision shall be final.

The claim owner granted a timber right shall be obligated to perform reforestation work within the mining
claims in accordance with regulations of the Bureau of Forest Development.

Section 57. Miner's Water Rights. A claim owner shall also have water rights for the development or
operation of his mining claims upon application filed with the Director of the Bureau of Public Works in
accordance with the existing laws of water and the rules and regulations promulgated thereunder:
Provided, That water rights already granted or vested through long use, recognized and acknowledged by
the local customs, laws and decisions of courts, shall not thereby be impaired: Provided, further, That the
Government reserves the right to regulate water rights and the reasonable and equitable distribution of
water supply so as to prevent the monopoly of the use thereof.

Section 58. Easement Rights. When mining claims are so situated that for purposes of more convenient
exploration, development, exploitation, utilization and operation thereof by the claim owner or lessee, it is
necessary to build, construct or install on mining claims or lands owned, occupied or leased by other
person, roads, railroads, mills, waste dumpsites, warehouses, and port facilities, tramways, electric
transportation thereto or therefrom, dams, and their normal flood areas, ditches, canals, pipelines, flumes,
cuts, shafts or tunnel to drain or convey water, ore waste, or tailings therefrom, shafts or tunnels for
mining purposes, use or benefit, the hereby declared to be for public purpose, use or benefit, the claim
owner or lessee upon payment of just compensation shall be entitled to the right to enter and occupy the
said mining claims or land.

Section 59. Eminent Domain. When the claim owner or an occupant or owner of private lands refuses to
grant to another claim owner or lessee the right to build, construct or install any of the facilities mentioned
in the next preceding section, the claim owner or lessee may prosecute an action for eminent domain
under the Rules of Court in the Court of First Instance of the province where the mining claims involved
are situated. In the determination of the just compensation due the claim owner or owner or occupant of
the land, the court shall appoint at least one duly qualified mining engineer or geologist to be
recommended by the Director as one of the commissioners.
8. Ownership of Water

From Comm. Soriano’s discussion: Following the principle of Regalian Doctrine and under Section 2 of
Article XII of the 1987 Constitution which states that, “All lands of the public domain, waters, 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 xxx”; thus, all waters belong to the
State and it cannot be the subject of acquisitive prescription (Article 3, PD1067).
PD 1067 “THE WATER CODE OF THE PHILIPPINES”
Article 5. The following belong to the State:
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds
themselves;
c. Natural lakes and lagoons;
d. All other categories of surface waters such as water flowing over lands, water from rainfall whether
natural or artificial, and water from agriculture runoff, seepage and drainage;
e. Atmospheric water;
f. Subterranean or ground waters; and
g. Seawater.
Article 6. The following waters found on private lands also belong to the State:
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
d. Subterranean or ground waters; and
e. Water in swamps and marshes.

The owner of the land where the water is found may use the same for domestic purposes without
securing a permit, provided that such use shall be registered, when required by the Council. The Council,
however, may regulate such use when there is wastage, or in times of emergency.

Article 7. Subject to the provisions of this Code, any person who captures or collects water by means of
cisterns, tanks, or pools shall have exclusive control over such water and the right to dispose of the same.

Article 8. Water legally appropriated shall be subject to the control of the appropriator from the moment it
reaches the appropriator’s canal or aqueduct leading to the place where the water will be used or stored
and, thereafter, so long as it is being beneficially used for the purposes for which it was appropriated.

Riparian Rights and Littoral Rights

The case of Julian Santulan vs Executive Secretary (G.R. No. L-28021), explains that Lands
Administrative Order No. 7-1 dated April 30. 1936. which was issued by the Secretary of Agriculture and
Natural Resources upon the recommendation of the Director of Lands for the disposition of alienable
lands of the public domain, provides:

32. Preference of the Reparian Owner — The owner of the property adjoining foreshore lands, marshy
lands or lands covered with water bordering upon shores or banks of navigable lakes or rivers, shall be
given preference to apply for such lands adjoining his property as may not be needed for the public
service, subject to the laws and regulations governing lands of this nature, provided that he applies
therefor within sixty (60) days from the date he receives a communication from the Director of Lands
advising him of his preferential right.

The word "riparian" in paragraphs 32 and 4 of the departmental regulations is used in a broad sense as
referring to any property having a water frontage. Strictly speaking, "riparian" refers to rivers. A riparian
owner is a person who owns land situated on the bank of a river.

But in paragraphs 32 and 4, the term "riparian owner" embraces not only the owners of lands on the
banks of rivers but also the littoral owners, meaning the owners of lands bordering the shore of the sea or
lake or other tidal waters. The littoral is the coastal region including both the land along the coast and the
water near the coast or the shore zone between the high and low watermarks.

That rule in paragraph 32 is in consonance with article 4 of the Spanish Law of Waters of 1866 which
provides that, while lands added to the shores by accretions and alluvial deposits caused by the action of
the sea form part of the public domain, such lands, "when they are no longer washed by the waters of the
sea and are not necessary for purposes of public utility, or for the establishment of special industries, or
for the coast guard service", shall be declared by the Government "to be the property of the owner of the
estates adjacent thereto and as increment thereof" (cited in Ignacio vs. Director of Lands, 108 Phil. 335,
338).

In other words, article 4 recognizes the preferential right of the littoral owner (riparian according to
paragraph 32) to the foreshore land formed by accretions or alluvial deposits due to the action of the sea
(Ker & Co. vs. Cauden)

9. Sources and uses of freshwater

Freshwater - means water containing less than 500 ppm dissolved common salt, sodium chloride, such
as that in groundwater, rivers, ponds and lakes (RA 9275).

Uses of Water:
From Comm. Soriano’s discussion:
1. for Agricultural purposes
2. for Domestic purposes
3. for Industrial purposes

REPUBLIC ACT NO. 9275 “PHILIPPINE CLEAN WATER ACT OF 2004”

• Use of water for domestic purposes is the utilization of water for drinking, washing, bathing, cooking or
other household needs, home gardens, and watering of lawns or domestic animals.
• Use of water for municipal purposes is the utilization of water for supplying the water requirements of the
community.
• Use of water for irrigation is the utilization of water for producing agricultural crops.
• Use of water for power generation is the utilization of water for producing electrical or mechanical power.
• Use of water for fisheries is the utilization of water for the propagation and culture of fish as a
commercial enterprise.
• Use of water for livestock raising is the utilization of water for large herds or flocks of animals raised as a
commercial enterprise.
• Use of water for industrial purposes is the utilization of water in factories, industrial plants and mines,
including the use of water as an ingredient of a finished product.
• Use of water for recreational purposes is the utilization of water for swimming pools, bath houses,
boating, water skiing, golf courses and other similar facilities in resorts and other places of recreational
(RA 9275)

10. Provision of Freshwater as State responsibility

Section 5, Article II provides that “The State shall protect and promote the right to health of the people
and instill health and consciousness among them”. This provision is self-executory, hence it can be given
effect without the aid of legislation, and there is nothing to indicate that legislation is intended to make it
operative.

From Comm. Soriano’s discussion: Thus, in the use of water for domestic purposes (the utilization of
water for drinking, washing, bathing, cooking or other household needs, home gardens and watering of
lawns or domestic animals), the State has the obligation to supply freshwater to the public to promote and
protect the health among citizens.

11. Fishery classification

ACT NO. 4003 “FISHERIES ACT”

Sec. 16. Public Fineries Classified. — For the purposes of this Act the public fisheries of the Philippine
Islands shall be classified, according to their government and disposition, as follows:
(a) Insular
(b) Municipal
(c) Reserve
The Governor-General, upon recommendation of the Secretary of Agriculture and Natural Resources,
may, for reasons of public interest, transfer fisheries from one class to another.

Summary:
Act No. 4003, as amended, otherwise known as the Fisheries Act of 1932, was enacted on December 5,
1932 authorizing the compilation of all laws and regulations relating to fisheries and aquatic resources. It
classified public fisheries according to their government and disposition: insular (national), municipal and
reserve fisheries. Falling under insular fisheries are: 1) deepsea or offshore fishing; 2) marine mollusca
fisheries; 3) sponge fisheries; 4) hawksbill turtle fisheries; and 5) inland fisheries. Under municipal
fisheries Section 6 defined the extent thereof which is three nautical miles at most from the shoreline of
the municipality, while Section 7 dealt on the authority of the municipal council to grant the exclusive
fishery privileges of erecting fish corrals, operating fishponds, or taking or catching of bangus fry (kawag-
kawag) or fry of other species. For the reserve fisheries, Sections 73 to 73-B provided for the
establishment thereof in any
of the Philippine waters by presidential proclamation for the exclusive use of the government or of the
inhabitants, for the culture of fish and other aquatic animals, for educational and scientific purposes, while
communal fisheries may be established by the Secretary of Agriculture and Natural Resources in any
municipal waters.

12. Prohibited Fishing Activities

RA 8550 as amended by RA 10654 THE PHILIPPINE FISHERIES CODE OF 1998

Section 86. Unauthorized Fishing
Section 87. Engaging in Unauthorized Fisheries Activities
Section 88. Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing
Section 89. Unreported Fishing.
Section 90. Unregulated Fishing
Section 91. Poaching in Philippine Waters
Section 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity
Section 93. Use of Fine Mesh Net
Section 94. Fishing in Overexploited Fishery Management Areas
Section 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas
Section 96. Ban on Coral Exploitation and Exportation
Section 97. Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine
Habitat
Section 98. Illegal Use of Superlights or Fishing Light Attractor
Section 99. Conversion of Mangroves
Section 100. Fishing During Closed Season
Section 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries
Section 102. Fishing or Taking of Rare, Threatened or Endangered Species
Section 103. Capture of Sabalo and Other Breeders/Spawners
Section 104. Exportation of Breeders, Spawners, Eggs or Fry
Section 105. Importation or Exportation of Fish or Fishery Species
Section 106. Violation of Harvest Control Rules
Section 107. Aquatic Pollution
Section 108. Failure to Comply with Minimum Safety Standards
Section 109. Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages
Section 110. Gathering and Marketing of Shell Fishes or Other Aquatic Species
Section 111. Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay
Section 112. Noncompliance with Good Aquaculture Practices
Section 113. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk, Fishworker or Crew
Section 114. Obstruction of Defined Migration Paths
Section 115. Obstruction to Fishery Law Enforcement Officer
Section 116. Noncompliance with Fisheries Observer Coverage
Section 117. Noncompliance with Port State Measures
Section 118. Failure to Comply with Rules and Regulations on Conservation and Management Measures
Section 118. Failure to Comply with Rules and Regulations on Conservation and Management Measures
Section 119. Noncompliance with Vessel Monitoring Measures
Section 120. Constructing, Importing or Converting Fishing Vessels or Gears Without Permit from the
Department
Section 121. Use of Unlicensed Gear
Section 122. Falsifying, Concealing or Tampering with Vessel Markings, Identity or Registration
Section 123. Concealing, Tampering or Disposing of Evidence Relating to an Investigation of a Violation
Section 124. Noncompliance with the Requirements for the Introduction of Foreign or Exotic Aquatic
Species
Section 125. Failure to Comply with Standards and Trade-Related Measures
Section 126. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish
Section 127. Unauthorized Disclosure of Sensitive Technical Information
Section 128. Other Violations

13. Authority to grant permit for fishing activities

From Comm. Soriano’s discussion: The jurisdiction to issue permit in fishing activities in Municipal Waters
belongs to the Local Government Unit. (See RA. 7160 & RA 8550)

RA 8550 as amended by RA 10654 THE PHILIPPINE FISHERIES CODE OF 1998

Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government shall have
jurisdiction over municipal waters as defined in this Code. The municipal/city government, in consultation
with the FARMC shall be responsible for the management, conservation, development, protection,
utilization, and disposition of all fish and fishery/aquatic resources within their respective municipal
waters.

The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for
this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the
municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian
of the province which has jurisdiction over the same.

The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipal/city council.

The management of contiguous fishery resources such as bays which straddle several municipalities,
cities or provinces, shall be done in an integrated manner, and shall not be based on political subdivisions
of municipal waters in order to facilitate their management as single resource systems. The LGUs which
share or border such resources may group themselves and coordinate with each other to achieve the
objectives of integrated fishery resource management. The Integrated Fisheries and Aquatic Resources
Management Councils (FARMCs) established under Section 76 of this Code shall serve as the venues for
close collaboration among LGUs in the management of contiguous resources.

Section 26. Commercial Fishing Vessel License and Other Licenses. - No person shall operate a
commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or educational
purposes, or engage in any fishery activity, or seek employment as a fishworker or pearl diver without first
securing a license from the Department, the period of which shall be prescribed by the Department:
Provided, That no such license shall be required of a fishing vessel engaged in scientific, research or
educational purposes within Philippine waters pursuant to an international agreement of which the
Philippines is a signatory and which agreement defines the status, privileges and obligations of said
vessel and its crew and the non-Filipino officials of the international agency under which said vessel
operates: Provided, further, That members of the crew of a fishing vessel used for commercial fishing
except the duly licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be
considered as fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to
undertake an orientation training on detection of fish caught by illegal means before they can be issued
their fishworker licenses: Provided, finally, That the large commercial fishing vessels license herein
authorized to be granted shall allow the licensee to operate only in Philippine waters seven (7) or more
fathoms deep, the depth to be certified by the NAMRIA, and subject to the conditions that may be stated
therein and the rules and regulations that may be promulgated by the Department.

Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the
Culture of Fish and Other Fishery Products. - Fish pens, fish cages, fish traps and other structures for
the culture of fish and other fishery products shall be constructed and shall operate only within
established zones duly designated by LGUs in consultation with the FARMCs concerned consistent with
national fisheries policies after the corresponding licenses thereof have been secured. The area to be
utilized for this purpose for individual person shall be determined by the LGUs in consultation with the
concerned FARMC: Provided, however, That not over ten percent (10%) of the suitable water surface
area of all lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish cages and fish
traps; and the stocking density and feeding requirement which shall be controlled and determined by its
carrying capacity: Provided, further, That fish pens and fish cages located outside municipal waters shall
be constructed and operated only within fish pen and fish cage belts designated by the Department and
after corresponding licenses therefor have been secured and the fees thereof paid.

14. State principles under the Philippine Clean Air Act of 1999

Section 2. Declaration of Principles. - The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.

The State shall promote and protect the global environment to attain sustainable development while
recognizing the primary responsibility of local government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-
based.

The State also recognizes the principle that “polluters must pay”.

Finally, the State recognizes that a clean and healthy environment is for the good of all and should,
therefore, be the concern of all.

15. Rights recognized under R. A. No. 8749 (Philippine Clean Air Act of 1999)
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of
citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:

(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.

16. DENR Sec VS Mayor Jose Yap, G. R. No. 167707

17. City of Batangas VS Phil Shell Pretroleum Corp, G. R. No. 195003
18. Hon. Heherson Alvarez VS PICOP Resources Inc, G. R. No. 162243
19. LLDA VS Judge Heculiano Tech, G. R. No. 120866
20. LLDA VS Judge Manuel JN Serapio, G. R. No. 110120

(see downloaded cases)