"That in All Things God May Be Glorified": James Bryan Deang 1

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

THE PHILIPPINE MINING ACT a. mineral production sharing agreements

(‘MPSAs’) – ‘an agreement wherein the
LEGAL FRAMEWORK Government grants to the Contractor the
exclusive right to conduct mining operations
Mining Legislation within, but not title over, the contract area and
• Republic Act No. 7042, otherwise known as the shares in the production whether in kind or in
Philippine Mining Act of 1995 (‘the Mining Act’) and value as owner of the minerals therein. The
its Implementing Rules and Regulations embodied in Contractor shall provide the necessary financing,
Department of Environment and Natural Resources technology, management and personnel’
DENR AO No. 2010-21 (‘the Mining Act IRR’); b. joint venture agreements (‘JVAs’) – ‘an
agreement where a joint venture company is
• Republic Act No. 7076 or the People’s Small-Scale organised by the Government and the Contractor
Mining Act of 1991 (‘the Small-Scale Mining Act’); with both parties having equity shares. Aside from
earnings in equity, the Government shall be
• Executive Order No. 79 entitled Institutionalising and entitled to a share in the gross output’.
Implementing Reforms in the Philippine Mining c. co-production agreements (‘CPAs’) – ‘an
Sector, Providing Policies and Guidelines to Ensure agreement between the Government and the
Environmental Protection and Responsible Mining in Contractor wherein the Government shall provide
the Utilization of Mineral Resources (‘the Mining inputs to the mining operations other than the
Policy’) and its Implementing Rules and Regulations mineral resources’.
embodied in DENR Administrative Order No. 2012- d. financial or technical assistance agreements
07 (‘the Mining Policy IRR’) (‘FTAAs’) – ‘a contract involving financial or
technical assistance for large-scale exploration,
• The Mining Act is the main mining legislation in the development and utilisation of mineral resources’.
Philippines and governs large-scale exploration,
development and utilisation of mineral resources; REGULATORY BODY
• the Small-Scale Mining Act, as its title suggests, • The Mining Policy also created a Mining Industry
regulates small-scale mining and limits the same to Coordinating Council (‘the MICC’), which is an
Filipino citizens. interagency body tasked, inter alia, with implementing
the Mining Policy and conducting an assessment and
review of all mining-related laws, rules and
• The Mining Policy several innovations on the Mining
regulations, issuances and agreements, so as to be able
Act, specifically in the following areas:
to make recommendations to improve the allocation of
a. expansion of areas closed to mining applications,
revenues and risk between the government and the
b. establishment of mineral reservations,
mining sector.
c. competitive public bidding for areas open to
mining, and
MINING RIGHTS AND REQUIRED LICENSES AND
d. compliance with the ‘social acceptability’
PERMITS
requirement of the communities affected.
Title
• DENR also strictly enforces various environmental
• Title to minerals cannot be transferred to private
laws through its Environmental Management Bureau
parties, specifically the permit holders and mineral
(‘the EMB’) to ensure that the mining industry adheres
agreement grantees.
to the protection of the environment
• the grant thereof does not bestow beneficial
• The Philippines has not entered into any international
ownership of the minerals to the holder or grantee
treaty involving mining.
• Patented titles to mineral lands perfected under the
Philippine Bill of 1902 shall, however, continue to be
KEY TERMS AND CONCEPTS
owned by the grantees thereof
• 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
JAMES BRYAN DEANG 2

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
JAMES BRYAN DEANG 3

• FTAA association or cooperative organised or authorised for

the purpose of engaging in mining, with technical and
Initial Application 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
MGB CO endorses the application deemed a Qualified Person for purposes of granting an
to the DENR (negotiation between Exploration Permit, FTAA or Mineral Processing
Negotiating panel and applicant) Permit only.
Maximum Allowable Areas

• For an EP, the maximum area that mining companies
Execution and approval of the may apply for or hold is as follows:
president 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
Notify the Congress within 30 days; c. offshore, in the entire Philippines, beyond 500
approved FTAA will be transmitted metres from the mean low tide level – for
to the MGB RO for numbering corporations, 1,000 blocks or approximately
81,000 hectares.
• The maximum area for an MPSA, however, is:

Registered with and released by the a. onshore, in any one province – 5,000 hectares for
MGB RO metallic minerals and 2,000 hectares for non-
metallic minerals per final mining area;
b. onshore, in the entire Philippines – 5,000
Validity or term of mining and surface rights hectares per final mining area; or
• An EP is valid for a period of two years from the date c. offshore, in the entire Philippines, beyond 500m
of issuance but is renewable for further similar from mean low tide level – 500 blocks or
periods, not exceeding a total term of four years for approximately 40,500 hectares, and for the
non-metallic mineral exploration or six years for Exclusive Economic Zone, a larger area to be
metallic mineral exploration. determined by the DENR Secretary upon the
• The term of an MPP is five years from the date of recommendation of the MGB Director
issuance, renewable for further similar periods but not
exceeding a total term of 25 years. • The maximum FTAA contract area that may be
• Both the MPSA and the FTAA have terms not applied for by or granted to a qualified person in the
exceeding 25 years from the date of execution, and are whole of the Philippines is:
renewable for another term not exceeding 25 years a. 1,000 meridional blocks or approximately 81,000
hectares onshore;
How mining rights are protected b. 4,000 meridional blocks or approximately
• EP holders are given the right of first refusal to 324,000 hectares offshore; or
develop and utilise minerals in their exploration area c. a combination of 1,000 meridional blocks onshore
upon approval of their declaration of mining project and 4,000 meridional blocks offshore
feasibility and effectiveness of new legislation on
mining. Capitalization
• EP or an MPSA 2.5 million pesos
Restrictions on the surface or mining rights that may be • FTAA is $4 million or its Philippine peso equivalent.
acquired by foreign parties • Note also that an FTAA contractor is required to
• Only qualified persons are allowed to hold and be invest at least $50 million for the infrastructure and
granted permits and mineral agreements. development of the mining area
• 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,
JAMES BRYAN DEANG 4

Closure and remediation of mining projects 5. determination of the decision-

• The contractor or permit holder is required to making or consensus-building
formulate a processes;
a. final mine rehabilitation (‘FMR’) or 6. consensus on the involvement of
b. decommissioning plan (‘DP’) or a non-government organisations;
c. mine closure plan 7. validation of the members of the
FPIC team representing the
• The FMR/ DP will consider all possible mine closure community;
scenarios and contain cost estimates for the 8. presentation of the agreed work and
implementation of each financial plan;
• A Final Mine Rehabilitation and Decommissioning 9. option, selection and invitation of
Fund is required to be established by each operating independent experts to conduct EIA
contractor or permit holder and must be deposited as a or give their expert opinions;
trust fund in a government depository bank and be 10. arrangements for conflict or dispute
used solely for the implementation of the approved resolution mechanisms by the
FMR or DP chosen or elected IP elders or
leaders;
ENVIRONMENTAL AND SOCIAL CONSIDERATIONS 11. date and place of second community
assembly; and
• Holders of permits and grantees of mineral agreements 12. other matters that may be necessary
are required to strictly comply with all the rules and and pertinent.
regulations relating to mine safety and health ii. Thereafter, a second community
standards embodied under DENR Administrative assembly will be held to discuss the
Order No. 2000-98. project and the concerns of the IPs.
• Mining contractors, prior to the development stage of
the MPSA or FTAA are required to obtain an ECC and ADDITIONAL PERMITS AND LICENSES
go through an environmental impact assessment
(‘EIA’). • Sand and Gravel Permits
• Quarry Resources Permits
• Prior to the issuance of any permit or mineral • Small-Scale Mining Permits
agreement, the mining applicant shall undergo the free • Ore Transport Permits
and prior informed consent (‘FPIC’) process. • Business Permit
a. Mandated by Section 7 of the Department of
a. In case of non-overlap with ancestral domains: Finance Local Finance Circular No. 02-09 in
i. endorsement of the project by the MGB
relation to Sections 147 and 151 of the Local
to the NCIP Regional Office concerned
ii. conduct a field-based investigation Government Code
(‘FBI’) to ascertain whether the area b. must be secured from the local government unit
applied for falls within an ancestral before start of any mining operation
domain
OPERATIONS, PROCESSING AND SALE OF
iii. NCIP will issue a certificate of non-
MINERALS
overlap
i. Processing and operations
b. In case of overlap with ancestral domains
NCIP must conduct two community assemblies.
Import of Equipment and Machinery
i. During the first, the following matters
• The Mining IRR does not prohibit contractors from
shall be taken up:
using imported mining equipment although
1. orientation on IPRA and FPIC
contractors are required to give preference towards
process;
Philippine products, services and technologies
2. validation of the FBI report and the
Processing of Extracted Minerals
areas affected;
3. census of IPs, migrant IPs or non- • There is no law requiring mining contractors to
IPs; process extracted minerals in the Philippines only.
4. identification and validation of IP Individual entities that plan to engage in mineral
elders and leaders; processing apart from mineral development should,
however, be in possession of an MPP.
JAMES BRYAN DEANG 5

contractor in a service contract. By allowing foreign contractors to

ii. Sale, import, and export of extracted or manage or operate all the aspects of the mining operation, RA 7942
processed materials has, in effect, conveyed beneficial ownership over the nation‘s mineral
• For minerals extracted pursuant to an MPSA or FTAA, resources to these contractors, leaving the State with nothing but bare
the Mining Act and its IRR allow the sale of the title thereto.
minerals locally and their exportation, provided that
the minerals and by-products produced are sold at the The same provisions, whether by design or inadvertence, permit a
circumvention of the constitutionally ordained 60-40% capitalization
highest market price and lowest commercially
requirement for corporations or associations engaged in the
achievable commissions and related fees under market
exploitation, development and utilization of Philippine natural
conditions, and to negotiate for sales terms and resources.
conditions compatible with world market conditions.
When parts of a statute are so mutually dependent and connected as
Doctrines from some cases conditions, considerations, inducements or compensations for each
LA BUGAL BLAAN vs. REYES other as to warrant a belief that the legislature intended them as a
Article XII Section 2 of the 1987 Constitution retained the Regalian whole, then if some parts are unconstitutional, all provisions that are
Doctrine which states that ―All lands of the public domain, waters, thus dependent, conditional or connected, must fail with them.
minerals, coal, petroleum, and other minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or Under Article XII Section 2 of the 1987 Charter, foreign owned
timber, wildlife, flora and fauna, and other natural resources are corporations are limited only to merely technical or financial
owned by the State. The same section also states that, ―the assistance to the State for large scale exploration, development and
exploration and development and utilization of natural resources shall utilization of minerals, petroleum and other mineral oils.
be under the full control and supervision of the State.
RP Government-WMCP FTAA is a Service Contract
Conspicuously absent in Section 2 is the provision in the 1935 and 1973 The FTAA between he WMCP and the Philippine government is
Constitution authorizing the State to grant licenses, concessions, or likewise unconstitutional since the agreement itself is a service
leases for the exploration, exploitation, development, or utilization of contract.
natural resources. By such omission, the utilization of inalienable lands
of the public domain through license, concession or lease is no longer Section 1.3 of the FTAA grants WMCP a fully foreign owned
allowed under the 1987 Constitution. corporation, the exclusive right to explore, exploit, utilize and dispose
of all minerals and by-products that may be produced from the
Under the concession system, the concessionaire makes a direct contract area. Section 1.2 of the same agreement provides that EMCP
equity investment for the purpose of exploiting a particular natural shall provide all financing, technology, management, and personnel
resource within a given area. The concession amounts to complete necessary for the Mining Operations.
control by the concessionaire over the country‘s natural resource, for
it is given exclusive and plenary rights to exploit a particular resource These contractual stipulations and related provisions in the FTAA taken
at the point of extraction. together, grant WMCP beneficial ownership over natural resources
that properly belong to the State and are intended for the benefit of
The 1987 Constitution, moreover, has deleted the phrase its citizens. These stipulations are abhorrent to the 1987 Constitution.
―management or other forms of assistance in the 1973 Charter. The They are precisely the vices that the fundamental law seeks to avoid,
present Constitution now allows only ―technical and financial the evils that it aims to suppress. Consequently, the contract from
assistance. The management and the operation of the mining activities which they spring must be struck down.
by foreign contractors, the primary feature of the service contracts
was precisely the evil the drafters of the 1987 Constitution sought to DIDIPIO vs. GOZUN
avoid. The provision of the FTAA in question lays down the ways and means
by which the foreign-owned contractor, disqualified to own land,
The constitutional provision allowing the President to enter into FTAAs identifies to the government the specific surface areas within the FTAA
is an exception to the rule that participation in the nation‘s natural contract area to be acquired for the mine infrastructure. The
resources is reserved exclusively to Filipinos. Accordingly, such government then acquires ownership of the surface land areas on
provision must be construed strictly against their enjoyment by non- behalf of the contractor, through a voluntary transaction in order to
Filipinos. Therefore, RA 7942 is invalid insofar as the said act authorizes enable the latter to proceed to fully implement the FTAA. Eminent
service contracts. Although the statute employs the phrase ―financial domain is not yet called for at this stage since there are still various
and technical agreements in accordance with the 1987 Constitution, avenues by which surface rights can be acquired other than
its pertinent provisions actually treat these agreements as service expropriation. The FTAA provision under attack merely facilitates the
contracts that grant beneficial ownership to foreign contractors implementation of the FTAA given to CAMC and shields it from
contrary to the fundamental law. violating the Anti-Dummy 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 6

There is also no basis for the claim that the Mining Law and its REVISED FORESTRY CODE
implementing rules and regulations do not provide for just
compensation in expropriating private properties. Section 76 of Rep. KEY CONCEPTS
Act No. 7942 and Section 107 of DAO 96-40 provide for the payment
of just compensation. • PROTECTION, REHABILITATION, and
DEVELOPMENT of FOREST LANDS in order to
Questions on the Philippine Mining Act insure the continuity of their respective conditions. It
1. How is easement or servitude created? institutes the proper classification and delimitations of
a. By law or by contract the lands of the public domain, and the management,
utilization, protection, rehabilitation, and development
2. Does the DENR have a right to expropriate a road to of forest lands
the mining claim?
a. Yes, the State always has a right to ORGANIZATIONAL STRUCTURE
expropriate. Although the expropriation
complaint is not filed by the DENR itself but • DENR shall be the primary agency responsible
the OSG on behalf of the state. • The Forest Management Bureau is under the direct
b. The rationale is that such road to the mines is supervision and control of the DENR Secretary
actually for public use since it is for the
purpose of allowing the government, through EXHAUSTION OF ADMINISTRATIVE REMEDIES
the mining grantee, to exploit our mineral
resources.
• courts must allow administrative agencies to carry out
c. The government does not surrender its
their functions and discharge their responsibilities
patrimonial rights in granting a mining claim
within the specialized areas of their respective
and remains in overall control and
competence. The rationale for this doctrine is obvious
supervision of the mining operation.
• entails lesser expenses and provides for the speedier
d. It follows that although it is primarily going
resolution of controversies
to be used by the mining claim grantee, it
doesn’t mean it is not for public use/purpose. • premature invocation of courts intervention is fatal to
e. The grantee of the mining claim is merely ones cause of action
granted an authority to determine for the • Exceptions
government which lands are needed to be 1. when there is a violation of due process,
expropriated in order to facilitate the mining 2. when the issue involved is purely a legal question,
operation. 3. when the administrative action is patently illegal
amounting to lack or excess of jurisdiction,
3. Does DENR have the personality to file cases? YES 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
JAMES BRYAN DEANG 7

CLASSIFICATIONS AND SURVEYS “Every generation has a responsibility to the next to preserve
that rhythm and harmony for the full enjoyment of a balanced
• Forest is a large track of land covered with a natural and healthful ecology. Put a little differently, the minors’
growth of trees and underbrush. On the other hand, assertion of their right to a sound environment constitutes, at the
forest land is a classification of land under the same time, the performance of their obligation to ensure the
Constitution that is part of public domain which is protection of that right of the generations to come.” (Oposa v
beyond the commerce of man and may not be alienated Factoran)
or disposed. The former is a description of what the
land appears, and the latter is a legal classification for Timber License not a contract
legal purposes. A timber license is an instrument by which the State regulates
• It must be stressed that legal nature or status does not the utilization and disposition of forest resources to the end that
have to be descriptive of what the land actually looks public welfare is promoted. A timber license is not a contract
like. Therefore, a land may be urbanized, yet still within the purview of the due process clause; it is only a license
classified as forest land or privilege, which can be validly withdrawn whenever dictated
by public interest or public welfare as in this case.
• Three (3) types of Forest
1. Public Forest – a mass of land of public domain TIMBER
which has not been a subject of the present system
of classification. • The duration of the privilege to harvest timber in any
2. Permanent Forest/ Forest Reserves – lands of particular forest land under a license agreement or
public domain which have been subject of the license shall be fixed and determined in accordance
present system of classification and determined to with the
be needed for forest purposes a. annual allowable cut therein,
3. Forest Reservation – Forest lands which have b. the established cutting cycle thereof,
been reserved by the President of the Philippines c. the yield capacity of harvestable timber,
for any specific purpose d. and the capacity of healthy residuals for a second
growth
• The president may establish within any lands of the
public domain, forest reserve and forest reservation • The maximum period of any privilege to harvest
for the national park system, for preservation as timber is twenty-five (25) years, renewable for a
critical watersheds, or for any other purpose, and period, not exceeding twenty-five (25) years
modify boundaries for existing ones. • The size of the forest lands which may be the subject
• The DENR Secretary may reserve and establish any of timber utilization shall be limited to that which a
portion of the public forest or forest reserve as site or person may effectively utilize and develop for a period
experimental forest for use of the Forest Research of fifty (50) years
Institute. • Forest concessions which had been the subject of
• When public interest so requires, any off-shore area consolidations shall be reviewed and reevaluated
needed for the preservation and protection of its
educational, scientific, historical , ecological and REFORESTATION
recreational values including the marine life found
therein shall be established as marine parks. • The following shall be reforested and covered with
• The reservation of land, covered by timber suitable and sufficient trees, to wit:
concession, for experiment station vests in the grantee
full ownership thereof. a. Bare or grass-covered tracts of forest lands with at
least fifty per cent (50%) slope;
PRESERVATION AND PROTECTION OF FOREST b. Bare or grass-covered tracts of forest lands with
less than fifty per cent (50%) slope, but with soil
• No person may utilize, exploit, occupy, possess or so highly erodible as to make grass cover
conduct any activity within any forest and grazing inadequate for soil erosion control;
land, or establish, install, add and operate any wood or c. Brushlands or tracts of forest lands generally
forest products processing plant, unless he had been covered with brush, which need to be developed
authorized to do under a license agreement, license, to increase their productivity;
lease or permit d. Open tracts of forest lands with slopes or
gradients generally exceeding fifty per cent
Principle of Intergenerational Responsibility (50%), interspersed with patches of forest each of
JAMES BRYAN DEANG 8

which is less than two hundred fifty (250) hectares association, at least sixty per centum (60%) of whose
in area; capital is owned by Filipino citizens
e. Denuded or inadequately-timbered areas
proclaimed by the President as forest reserves and EO NO. 23 S. 2011 DECLARING A NATIONAL
reservations as critical watersheds, national parks, MORATORIUM ON LOGGING NATURAL AND
game refuge, bird sanctuaries, national shrines, RESIDUAL FORESTS
national historic sites;
f. Inadequately-stocked forest lands within forest • deforestation issue was taken up to address the
concessions; displacement of indigenous people, the protection of
g. Portions of areas covered by pasture leases or endangered Philippine species, and the issue of
permits having a slope of at least fifty per cent massively exported timber
(50%); and • Executive Order No. 23, declaring a moratorium on
h. River banks, easements, road rights-of-ways, the cutting and harvesting of timber in natural and
deltas, swamps, former river beds, and beaches. residual forests nationwide, and creating the Anti-
Illegal Logging Task Force
FOREST PROTECTION
Doctrines from some cases
• the utilization of timber therein shall not be allowed MUSTANG LUMBER, INC. vs. COURT OF APPEALS
except through license agreements under which the The Revised Forestry Code contains no definition of either timber or
holders thereof shall have the exclusive privilege to cut lumber. While the former is included in forest products as defined in
all the allowable harvestable timber paragraph (q) of Section 3, the latter is found in paragraph (aa) of the
• with the corresponding obligation to adopt all the same section in the definition of Processing plant; which reads:
protection and conservation measures to ensure the
continuity of the productive condition of said areas, (aa) Processing plant is any mechanical set-up, machine or
conformably with multiple use and sustained yield combination of machine used for the processing of logs and other
forest raw materials into lumber, veneer, plywood, wallboard, block-
management
board, paper board, pulp, paper or other finished wood products.
• Strips of mangrove forest bordering numerous islands This simply means that lumber is a processed log or processed forest
which protect the shoreline, the shoreline roads, and raw material. Clearly, the Code uses the term lumber in its ordinary or
even coastal communities from the destructive force of common usage. In the 1993 copyright edition of Webster's Third New
the sea during high winds and typhoons, shall be International Dictionary, lumber is defined, inter alia, as timber or logs
maintained and shall not be alienated. after being prepared for the market. Simply put, lumber is a processed
• All mangrove swamps set aside for coast-protection log or timber.
purposes shall not be subject to clearcutting
operation. 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,
• Mining operations in forest lands shall be regulated ordinary, and common usage meaning. And insofar as
and conducted with due regard to protection, 12 G.R. No. 104988. [June 18, 1996]. possession of timber without the
development and utilization of other surface resources. required legal documents is concerned, Section 68 of P.D. No. 705, as
• Surface-mined areas shall be restored to as near its amended, makes no distinction between raw or processed timber.
former natural configuration or as approved by the Neither should we. Ubi lex non distanguit nec nos distinguere debemus.
Director prior to its abandonment by the mining
MERIDA vs. PEOPLE OF THE PHILIPPINES
concern
On the question of whether petitioner cut a narra tree in the Mayod
• Mineral reservations where mining operations have Property without a DENR permit, petitioner adopted conflicting
been terminated due to the exhaustion of its minerals positions. Before his trial, petitioner consistently represented to the
shall revert to the category of forest land, unless authorities that he cut a narra tree in the Mayod Property and that he
otherwise reserved for other purposes did so only with Calix's permission. However, when he testified,
petitioner denied cutting the tree in question. We sustain the lower
QUALIFICATIONS courts' rulings that petitioner's extrajudicial admissions bind him.30
Petitioner does not explain why Royo and Hernandez, public officials
• the Secretary of the DENR is hereby authorized to who testified under oath in their official capacities, would lie on the
negotiate and enter into, for and in behalf of the stand to implicate petitioner in a serious criminal offense, not to
Government, joint venture, co-production or mention that the acts of these public officers enjoy the presumption
production-sharing agreements for the development of regularity. Further, petitioner does not deny presenting Calix's
or utilization of forestlands and/or forest resources authorization to Royo and Hernandez as his basis for cutting the narra
with any Filipino citizen, or corporation, or tree in the Mayod Property. Petitioner has no use of Calix's
JAMES BRYAN DEANG 9

authorization if, as he claimed during the trial, he did not cut any tree FISHERIES AND LLDA
in the Mayod Property.
PHILIPPINE WATER
We further hold that the lone narre tree petitioner cut from the Mayod
Property constitutes "timber" under Section 68 of PD 705, as 1. All waters within the Philippine Territory
amended. PD 705 does not define "timber," only "forest product" 2. Waters around, between an connecting the islands of
(which circuitously includes "timber.")31 Does the narra tree in the archipelago, regardless of its breadth and
question constitute "timber" under Section 68? The closest this Court dimension
came to defining the term "timber" in Section 68 was to provide that
3. The territorial sea, the seabed, the subsoil, the insular
"timber," includes "lumber" or "processed log.” In other jurisdictions,
shelves and all other waters over which the Philippines
timber is determined by compliance with specified dimensions or
has sovereignty or jurisdiction
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
4. 200n.m. EEZ and the continental shelf
a term in Section 68 of PD 705 - "lumber" - to determine whether
possession of lumber is punishable under that provision. In ruling in AQUACULTURE
the affirmative, we held that "lumber" should be taken in its ordinary
or common usage meaning to refer to "processed log or timber. • 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.
JAMES BRYAN DEANG 10

• only maximum of ten percent (10%) of the suitable • coverage of this administrative order shall be all the
water surface area of all lakes and rivers shall be municipal waters of municipalities and cities without
allotted for aquaculture purposes off – shore islands
• Fish pens and fish cages located outside municipal
waters shall be constructed and operated only within DELINEATION OF MUNICIPAL WATERS
fish pen and fish cage belts designated
• The record shows that no rule, regulation, or
FISHERIES guidelines have been issued by the DA to date, in
coordination with BFAR, as regards municipalities
• composed of three subsectors, namely: commercial with offshore islands.
fisheries, municipal fisheries and aquaculture • There are serious gaps in the implementation of the
• The Quarterly Municipal Fisheries Survey (QMFS) law which the DA and the concerned agencies would
is conducted to monitor the inflow of fish catch at still need to fill in.
municipal landing centers.
• Municipal fishing is fishing within municipal waters JURISDICTION OF MUNICIPAL/CITY
using fishing vessels of three (3) gross tons or less, or GOVERNMENT
fishing not requiring the use of fishing vessels.
• Quarterly Commercial Fisheries Survey (QCFS) • Section 16 of R.A. No. 8550 provides for the
collects information on the volumes and prices of fish jurisdiction of municipal/city government
brought into commercial (traditional) landing centers. • The role of LGUs is to aid the national government in
• Commercial fishing refers to catching of fish with the enforcing environmental laws.
use of fishing boat with capacity of more than three (3) • The Philippine Fisheries Code also vests upon
gross tons for trade, business or profit beyond municipal and city governments jurisdiction over
subsistence or sports fishing. municipal waters defined by the Code
• the LGU has the duty to enforce all fishery laws within
MUNICIPAL WATERS its jurisdiction
• The LGC vests municipalities with the power to grant
• "municipal waters," in turn, includes not only streams, fishery privileges in municipal waters and impose
lakes, and tidal waters within the municipality, not rentals, fees or charges therefor; to penalize, by
being the subject of private ownership and not appropriate ordinances, the use of explosives, noxious
comprised within the national parks, public forest, or poisonous substances, electricity, muro-ami, and
timber lands, forest reserves, or fishery reserves, but other deleterious methods of fishing; and to prosecute
also marine waters included between two lines drawn any violation of the provisions of applicable fishery
perpendicularly to the general coastline from points laws
where the boundary lines of the municipality or city
touch the sea at low tide and a third line parallel with DEVOLVED POWERS OF LGUs
the general coastline and fifteen kilometers from it.
Under P.D. No. 704, the marine waters included in • These "fishery laws" which local government units
municipal waters is limited to three nautical miles may enforce under Section 17(b)(2)(i) in municipal
from the general coastline using the above waters include:
perpendicular lines and a third parallel line. a. P.D. No. 704 otherwise known as Fisheries
Decree of 1975;
Department Order No. 17 b. P.D. No. 1015 which, inter alia, authorizes the
• “Guidelines Delineating/Delimiting Municipal establishment of a "closed season" in any
Waters”. The said Order was issued in compliance Philippine water if necessary for conservation or
with the requirement of Republic Act 8550 or the ecological purposes;
Fisheries Code of the Philippines, which states that c. P.D. No. 1219 which provides for the exploration,
DENR-NAMRIA issue the necessary guidelines on exploitation, utilization and conservation of coral
which to base the delineation of municipal waters. resources;
• DAO 7 was issued on March 17, 2003, formally d. R.A. No. 5474, as amended by B.P. Blg. 58, which
revoking DAO 17. makes it unlawful for any person, association or
corporation to catch or cause to be caught, sell,
DA Administrative Order No. 1 offer to sell, purchase, or have in possession any
of the fish specie called gobiidae or "ipon" during
closed season; and

e. R.A. No. 6451 which prohibits and punishes activities within municipal waters in consultation
electrofishing, as well as various issuances of the with the FARMCs. In addition, RA 7160 Section
BFAR. 149 grants municipalities the exclusive authority
to award fishery privileges in the municipal
MARGINAL vs. SUBSISTENCE FISHERMEN waters, to impose rentals, fees or charges, and
particularly to issue licenses for the operation of
• Marginal fishermen – an individual engaged in municipal fishing vessels.
fishing whose margin or return is barely sufficient to
yield a profit COMMERCIAL FISHING VESSEL AND LICENSES
• Subsistence fishermen – catch yields but irreducible
minimum for his livelihood • Section 26 of Republic Act No. 8550 governs
commercial fishing vessel license and other license
MUNICIPAL FISHERIES REGISTRATION AND • The principle of exclusive use of Philippine fishery
LICENSING SCHEME resources by Filipino citizens is recognized (Section 2
(b), Section 5, RA 8550), consistent with the
• The current system of municipal registration and provisions of the 1987 Philippine Constitution
licensing is divided into three aspects: • Therefore, only Filipino citizens are eligible for
1. Registration of Municipal Fishers. For providing commercial fishing vessel
the basis for prioritization in the granting of
access rights, limiting entry to the municipal MAXIMUM SUSTAINABLE YIELD
fishery, and monitoring of fishing activities, RA
8550 Sections 17 to 22 require the annual • the highest possible annual catch that can be sustained
updating of the registry of municipal fishers and over time, by keeping the stock at the level producing
mandate the LGUs to maintain a registry of maximum growth
municipal fishing vessels by type of gear and • The MSY refers to a hypothetical equilibrium state
other vessel particulars with the assistance of between the exploited population and the fishing
Fisheries and Aquatic Resource Management activity
Councils (FARMCs). The registry of municipal • In 2015, the Bureau of Fisheries and Aquatic
fishers serves as the basis for identification of Resources said it will stop issuing commercial fishing
municipal fishers who would be allowed to fish licenses starting June that year due to over exploitation
within municipal waters. RA 8550 also explicitly of all the country’s fishing grounds.
states that registration is not equivalent to a permit • The “fishing effort” concept aims to strike a balance
to fish, which is provided by a license. between an economy’s fishing capacity, which is
measured by the number of fishing vessels among
2. Registration of Municipal Fishing Vessels. other criteria, and the fisheries resources
Primarily for conferment of identity of fishing
vessels and for maritime safety considerations, the FISHING AREAS RESERVES FOR EXCLUSIVE USE
Maritime Industry Authority (MARINA) OF GOVERNMENT
pursuant to PD 474 and EO 125 / 125 A is
mandated to register all vessels operating in the • The Department may designate areas in Philippine
territorial waters of the Philippines. The waters beyond fifteen (15) kilometers from shoreline
registration of municipal fishing vessels was as fishery reservation for the exclusive use
previously delegated to the Philippine Coast • As for municipalities or cities, the concerned LGUs
Guard (PCG); however, recently the function is in consultation with the FARMCs may recommend to
now devolved to the LGUs under EO 305, dated the Department that portion of the municipal waters be
2 April 2004. declared as fishery reserves
3. Municipal Fisheries Licensing Scheme. For FISH REFUGE AND SANCTUATIES
regulating access to the fishery and for generating
revenues for the LGUs, RA 8550 Section 16
• The Department may establish fish refuge and
provides the LGUs, in consultation with the sanctuaries to be administered in the manner to be
FARMC, the responsibility to manage, conserve,
prescribed by the BFAR at least twenty-five percent
develop, protect, utilize and dispose of all fish and (25%) but not more than forty percent (40%) of bays,
fishery / aquatic resources within their
foreshore lands, continental shelf or any fishing
jurisdiction. Also, RA 8550 Section 6 mandates ground shall be set aside for the cultivation of
the LGUs to determine license fees for fishing

mangroves to strengthen the habitat and the spawning • Who may apply? Persons, natural and juridical, with
grounds of fish existing and/or new development projects and
• In municipal waters, the concerned LGU in activities in the Laguna de Bay Region
consultation with the FARMCs may establish fishery • The LLDA Clearance is a one-time permit to be
refuge and sanctuaries secured after the issuance of ECC/ CNC unless the
project undergoes expansion in terms of production
ACCOMPANYING ADMINISTRATIVE SANCTIONS • Exempted: Any development projects/activities
FOR SERIOS VIOLATIONS established before 1976 are exempted from securing
LLDA Clearance provided the conditions are met
1. confiscation of fishing gear; • Discharge permit is clearance or legal authorization
2. impoundment of fishing vessel; granted by the Authority to discharge liquid waste or
3. temporary suspension or permanent revocation of wastewater of specified concentration and volume into
license or permit; any sewer system or any water body that directly or
4. temporary or permanent ban from the availment of eventually drains into the Laguna de Bay for a
applicable duty and tax rebates; specified period of time
5. inclusion in the IUU fishing vessel list;
6. denial of entry and other port services; Doctrines from some cases
7. blacklisting; and DE BORJA vs. PINALAKAS NA UGNAYAN NG MALILIT NA MANGINGISDA
8. increase in the amount of fines but not to exceed five (5) NG LUZON
times the value of the catch. In case of repeated The DA, however, has not yet performed any of the above acts. The
violations within a five-year period, the amount of fine record shows that no rule, regulation, or guidelines have been issued
may be increased up to eight (8) times the value of the by the DA to date, in coordination with BFAR, as regards municipalities
catch. with offshore islands. There are serious gaps in the implementation of
the law which the DA and the concerned agencies would still need to
LLDA 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.
• lead agency tasked to regulate and monitor activities
within and affecting the Laguna Lake region 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
• it has the power to approve or disapprove all plans,
executive, preempting the actions of the DA and other concerned
programs and projects within the region government agencies and stakeholders. As clearly set out in the
• empowered to institute the necessary legal provisions of the IRR, the primary duty of determining the reckoning
proceedings in the event that the person or entity point of the 15 kilometer range of municipal waters of municipalities
continues with the project without clearance from the with offshore islands falls with the DA, NAMRIA, and the BFAR. They
authority shall do so through public consultation or with the participation of
stakeholders, such as the concerned municipalities, fishing operators,
USES OF LAGUNA LAKE and fisherfolk.
• dominantly used for fisheries LLDA vs. CA, et al.

• serves as reservoir for floodwater to save Metro G.R. No. 110120, March 16, 1994, 231 SCRA 292
Manila from flooding The LLDA has the power to issue a Cease and Desist Order. It is
• For power generation, three power plants are located specifically mandated under RA No. 4850 and its amendatory laws to
in the region carry out and make effective the declared national policy of promoting
and accelerating the development and balanced growth of the Laguna
• recreation (fishing, boating, and sailing);
Lake area and the surrounding provinces of Rizal and Laguna and the
• ecotourism; cities of San Pablo, Manila, Pasay, Quezon and Caloocan with due
• irrigation; regard and adequate provisions for environmental management and
• industrial cooling; control, preservation of the quality of human life and ecological
• as waste sink; and systems, and the prevention of undue ecological disturbances,
• as source of potable water deterioration and pollution. Aside from the powers conferred upon it
by law, an administrative agency has also such powers as are
CLEARANCE AND DISCHARGE PERMIT necessarily implied in the exercise of its express powers. In the
exercise, therefore, of its express powers under its charter as a
• A clearance permit is necessary before a person or a regulatory and quasi-judicial body with respect to pollution cases in
juridical person can undertake activities within the the Laguna Lake region, the authority of the LLDA to issue a Cease and
administrative jurisdiction of the Authority Desist Order is implied.

LLDA vs. CA, et al. NIPAS ACT OF 1992

G.R. Nos. 120865-71, December 7, 1995, 251 SCRA 42
The Laguna Lake Development Authority has the exclusive jurisdiction KEY CONCEPTS
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 • intended to provide a rational way of organizing and
vested on it. The provisions of the Local Government Code do not managing the country’s many different types of
necessarily repeal the aforementioned laws creating the Laguna Lake conservation areas into a system of uniformly created
Development Authority as it does not contain any express provision
and managed protected areas
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
• In 1994, the Philippines became a party to the
to repeal RA No. 4850 and its amendments. The repeal of laws should a. Convention for Biological Diversity (CBD),
be made clear and expressed. It is clear that the power of the local b. the Convention on the Conservation of Migratory
government units to issue fishing privileges was granted for revenue Species of Wild Animals (CMS), and the
purposes. On the other hand, the power of the LLDA to grant permits c. Convention on Wetlands of International
for fishpens, fishcages and other aqua-culture structures is for the Importance
purpose of effectively regulating and monitoring activities in the
Laguna de Bay region and for lake quality control and management. It • In 2012, Congress enacted Republic Act No. 10629
is in the nature of police power. Accordingly, the charter of LLDA which which amended Section 16 of the NIPAS Act
embodies a valid exercise of police power should prevail over the Local regarding the Integrated Protected Areas Fund but
Government Code of 1991 on matters affecting Laguna de Bay. did not amend the law in more substantive matter
Questions on Fisheries and LLDA POLICY OF THE STATE ON ENVIRONMENTAL

1. What is a SLAPP? (Strategic lawsuit against public CONSERVATION OF ECOLOGICALLY
participation) SIGNIFICANT AREAS
A legal action filed to harass, vex, exert undue pressure or stifle
any legal recourse that any person, institution or the government • to secure for the Filipino people of present and future
has taken or may take in the enforcement of environmental generations the perpetual existence of all native plants
laws, protection of the environment or assertion of and animals through the establishment of a
environmental rights shall be treated as a SLAPP comprehensive system of integrated protected areas
within the classification of national park as provided
2. Is the fisheries code still a good law? YES for in the Constitution
• the State adopts a conservatory stance and adheres to
3. What are the 7 reasons for the amendment of RA 8550? the principles of sustainable use
a. There are too many boats out at sea • focuses on habitat- and ecosystem-related
b. Illegal fishing conservation, identifying forests, watersheds, coastal
c. EU’s yellow card warning to the Philippines (to zones, coral reefs and other such areas that represent a
prevent trade sanctions) wide variety of ecosystems
d. Imposition of stricter penalties
e. Stop illegal trade of endangered species • NIPAS integrates several internationally accepted
f. To ensure traceability of all the catch of Philippine- principles of environmental management, to wit:
flagged fishing vessels through a Monitoring, Control, 1. Sustainable development,
and Surveillance System 2. Public participation and community-based action
g. To enable the Philippine to live up to its commitments 3. The recognition of indigenous people’s rights,
to the United Nations 4. Environmental impact assessment (EIA)
5. Collection of reasonable fees from persons
4. Is use of fishing gear punishable? YES. Active gear 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.

SCOPE OF NIPAS ACT presidential issuances were placed under the system
and were designated as the initial component of the
• In so far as the NIPAS covers “national parks,” it NIPAS.
governs all public land which are not classified as
agricultural, forest, or mineral land, within the • From time to time, the Secretary of the DENR shall
meaning of the Constitution and special laws propose to the President the inclusion in the NIPAS of
additional areas with outstanding physical features,
• According to Section 3 of the NIPAS Act, a “national anthropological significance, and biological diversity.
park” more specifically refers to “a forest reservation
essentially of natural wilderness character which has • He may also propose changes to the boundaries of an
been withdrawn from settlement, occupancy or any existing protected area, or its disestablishment
form of exploitation except in conformity with altogether as a protected area.
approved management plan and set aside as such
exclusively to conserve the area or preserve the • In cases where a new protected area is to be
scenery, the natural and historic objects, wild animals established, or its boundaries are to be expanded, the
and plants therein and to provide enjoyment of these President, acting upon the recommendation of the
features in such areas.” Secretary shall issue a presidential proclamation
designating the recommended area as a protected area
• A "protected area" on the other hand refers to and providing for measures for their protection until
identified portions of land and water set aside by such time when Congress shall have enacted a law
reason of their unique physical and biological finally declaring such recommended areas as part of
significance, managed to enhance biological diversity the System.
and protected against destructive human exploitation.
• Section 7 provides that disestablishment or
• NIPAS covers all types of geographical areas whether diminishment of the boundaries of a protected area
terrestrial, subterranean, coastal, or marine. may only be done by Act of Congress.
• Once Congress approves the disestablishment, the
PUBLIC PARTICIPATION AND FREEDOM OF erstwhile protected area shall revert to the category of
INFORMATION public forest unless otherwise classified.
• specific guideline for public participation.
1. Community Representation in the Protected Areas BUFFER ZONES
Management Board (PAMB) [Section 11,
NIPAS] • "buffer zones" must be established when necessary to
2. The right to be notified and participate in public improve protection
consultations/hearing whenever the DENR plans • Buffer zones are identified areas outside the
to establish, modify, or disestablish an area under boundaries of and immediately adjacent to designated
the NIPAS. [Sec 5, NIPAS] protected areas that need special development control
3. Cultural communities, indigenous peoples, in order to avoid or minimize harm to the protected
tenured migrants, local government units and area. They are established and managed in the same
other existing users of protected areas also have manner as that of protected areas.
the right to participate in the decision-making
process, particularly in management planning, • Buffer zones therefore may be established if:
whether through direct consultation, 1. It is capable of serving as an additional layer of
representation in the PAMB, or by public protection by providing the extension of habitats
hearings. [Sections 5, 9, 11, and 13 NIPAS] or corridors for wildlife and other ecological
services. (Ecological criteria)
ESTABLISHMENT, MODIFICATION, OR 2. It is capable of provide gainful employment and
DISESTABLISHMENT OF NIPAS PROTECTED AREA sustainable alternative sources of livelihood for
local communities so as to direct pressure away
• there must be a statute or presidential issuance that from the protected area itself (Economic criteria)
reserves, designates, or proclaims an area as any of the 3. It is capable of providing a social fence against the
types of protected areas (PA) covered by the Act threat of encroachment by communities residing
near or adjacent to the protected area. (Social
• Upon effectivity of the NIPAS Act, all protected areas criteria)
then existing by virtue of scattered laws and

TYPES OF PROTECTED AREAS RECOGNIZED BY pending the establishment of objectives which are
THE NIPAS based upon appropriate knowledge and planning.
1. National Parks: Forest reservations essentially of 8. Natural biotic areas are areas set aside to allow the
natural wilderness character which have been way of life of societies living in harmony with the
withdrawn from settlement, occupancy or any form of environment to adapt to modem technology at their
exploitation except in conformity with approved pace.
management plan and set aside as such exclusively to
conserve the area or preserve the scenery, the natural 9. Other categories established by law, conventions or
and historic objects, wild animals and plants therein international agreements which the Philippine
and to provide enjoyment of these features in such Government is a signatory.
areas.
a. Watershed Forest Reserves
2. Strict Nature Reserve: areas possessing some b. UNESCO Biosphere Reserves
outstanding ecosystem, features and/or species of flora c. Ramsar Sites
and fauna of national scientific importance maintained
to protect nature and maintain processes in an MANAGEMENT AND ADMINISTRATION OF THE
undisturbed state in order to have ecologically SYSTEM
representative examples of the natural environment
available for scientific study, environmental • Secretary of the DENR has the overall authority and
monitoring, education, and for the maintenance of duty to oversee the management and implementation
genetic resources in a dynamic and evolutionary state. of the NIPAS
• the Secretary shall be assisted by the Protected Areas
3. Natural parks are relatively large areas not materially and Wildlife Bureau or the PAWB. Today the PAWB
altered by human activity where extractive resource is called the Biodiversity Management Bureau
uses are not allowed and maintained to protect (BMB)
outstanding natural and scenic areas of national or • the DENR-BMB is tasked to formulate what is called
international significance for scientific, educational the general management planning strategy (GMPS).
and recreational use. It is a general strategy for the protected areas system
itself and should provide guidelines for formulating
4. A natural monument is a relatively small area individual plans for each protected area
focused on protection of small features to protect or
preserve nationally significant natural features on • each protected area is divided into:
account of their special interest or unique 1. Strict Protection Zone which shall comprise
characteristics. natural areas with high biodiversity value, closed
to all human activities except for scientific studies
5. A wildlife sanctuary comprises an area which assures and/or ceremonial or religious use by the ICCs/IPs
the natural conditions necessary to protect nationally 2. Multiple Use Zone shall comprise areas where the
significant species, groups of species, biotic following may be allowed consistent with the
communities or physical features of the environment protected area management plan: settlement,
where these may require specific human manipulation traditional and/or sustainable land-use, including
for the perpetuation. agriculture, agroforestry, and other income-
generating or livelihood activities.
6. Protected landscapes/seascapes are areas of national
significance which are characterized by the MANAGEMENT ON THE SITE LEVEL
harmonious interaction of man and land while
providing opportunities for public enjoyment through • a protected area is managed by the multi-sectoral
recreation and tourism within the normal lifestyle and Protected Areas Management Board
economic activity of these areas. • The Board, by a majority vote
1. decides the allocations for budget,
7. Resource reserves are extensive and relatively 2. approves proposals for funding, and
isolated and uninhabited areas normally with difficult 3. decides matters relating to planning, peripheral
access designated as such to protect natural resources protection and general administration of the area.
of the area for future use and prevent or contain
development activities that could affect the resource

• although the NIPAS area is under the ultimate control ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF
of the DENR, site-specific management has been 2000
delegated to the PAMB
KEY CONCEPTS
THE INTEGRATED PROTECTED AREAS FUND
• Ecological Solid Waste Management Act of 2000
• finance projects under the NIPAS refers to the systematic administration of activities
• all incomes generated from the operation of the which provide for segregation at source, segregated
System or management of wild flora and fauna shall transportation, storage, transfer, processing, treatment,
accrue to the Fund subject to the retention by the and disposal of solid waste and all other waste
PAMB of each protected area of seventy-five percent management activities which do not harm the
(75%) of all the revenue raised therefrom. environment.
• The 25% which gets remitted to the national fund • National Solid Waste Management Commission
managed by the DENR is in turn used to finance (NSWMC) shall implement the Ecological Solid
projects covering those protected areas that do not Waste Management Act which shall be composed of
sufficiently generate their own income. 14 government agencies and 3 members from private
sector.
Doctrines from some cases • NSWMC has formulated the
PICOP vs. BASE METALS a. Guidelines on formulation and finalization of the
There must be a classification that an area is considered as “protected National SWM Framework,
area.” Without proclamation/classification pursuant to law, b. National SWM Status Report and
prohibition of mineral location will not be operational. c. other Administrative and Technical Guidelines
directed to support the implementation of the
RP vs. CITY OF DAVAO Ecological SWM system.
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. • The ecological solid waste management (ESWM)
It is clear, therefore, that the said project is not classified as
policy is based on the management of waste in the
environmentally critical, or within an environmentally critical area.
following hierarchy:
Consequently, the DENR has no choice but to issue the Certificate of
a. Source reduction (avoidance) and minimization of
Non-Coverage. It becomes its ministerial duty, the performance of
which can be compelled by writ of mandamus, such as that issued by
waste generated at source
the trial court in the case at bar. 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,

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-

• Shall oversee the implementation of solid waste • basis in formulating the National Solid Waste
management plans and prescribe policies to achieve Management Framework
the objectives of the Act • Content:
Inventory of existing solid waste facilities
THE NATIONAL ECOLOGY CENTER General waste characterization, taking into
account the type, quantity of waste generated
• provide consulting, information, training, and and estimation of volume and type of waste
networking services for the implementation of the for reduction and recycling
provisions of this Act Projection of waste generation
• shall maintain a multisectoral, multi-disciplinary pool Regional geologic, hydrologic, climatic, and
of experts including those from the academe, other factors vital in the implementation of
inventors, practicing professionals, business and solid waste practices to ensure the protection
industry, youth, women and other concerned sectors, of
who shall be screened according to qualifications set ➢ The quality of surface and ground
by the Commission water from leachate contamination
• Regional Ecology Centers shall also be established ➢ The quality of surface waters from
surface run-off contamination
ROLE OF LOCAL GOVERNMENT UNITS ➢ Ambient air quality
Population density, distribution and projected
• Segregation and collection of solid waste shall be growth
conducted at the barangay level specifically for Political, economic, organizational, financial
biodegradable, compostable and reusable wastes: and management problems affecting
• Provided, That the collection of non-recyclable comprehensive solid waste management
materials and special wastes shall be the responsibility Systems and techniques of waste reduction,
of the municipality or city. re-use and recycling
Available markets for recyclable materials
PROVINCIAL SOLID WASTE MANAGEMENT BOARD Estimated cost of collecting, storing,
transporting, marketing and disposal of
• Chaired by the governor wastes and recyclable materials
• may, from time to time, call on any other concerned Pertinent qualitative and quantitative
agencies or sectors as it may deem necessary information concerning the extent of solid
waste management problems and solid waste
• in the Province of Palawan, the Board shall be chaired
management activities undertaken by local
by the chairman of the Palawan Council for
government units and the waste generators
Sustainable Development, pursuant to Republic Act
No. 7611
NATIONAL SOLID WASTE MANAGEMENT
FRAMEWORK
CITY AND MUNICIPAL SOLID WASTE
MANAGEMENT BOARD
• outline of the preferred course of action or approach
to support the national policy of adopting a systematic,
• shall prepare, submit and implement a plan for the safe
and sanitary management of solid waste generated in comprehensive and ecological solid waste
management program as defined by the ten policy
areas under in geographic and political coverage
principles
MULTI-PURPOSE ENVIRONMENT COOPERATIVES • Content:
a. Assessment of SWM situation
b. Analysis of Options
• Multi-purpose cooperatives and associations that shall
c. Mandatory Program of Actions
undertake activities to promote the implementation
d. Public Participation and IEC Campaign
and/ or directly undertake projects in compliance with
e. Aspects for Standardization and Measuring
the provisions of this Act shall be encouraged and
Performance
promoted in every LGU
NATIONAL SOLID WASTE MANAGEMENT STATUS

REPORT

LOCAL GOVERNMENT SOLID WASTE • Waste generation rates have been estimated based on
MANAGEMENT PLANS consolidated data generated from
a. waste analysis and characterization studies
• shall be for the re-use, recycling and composting of (WACS) presented in EMB regional reports and
wastes generated in their respective jurisdictions to b. selected local 10-year Solid Waste Management
ensure the efficient management of solid waste. The (SWM) plans
plan shall primarily emphasize on the implementation
of all feasible re-use, recycling and composting SEGREGATION OF WASTES
programs while identifying the amount of landfill and
transformation capacity needed • Segregation shall primarily be conducted at the source,
• includes such as household, institutional, industrial,
a. city/municipality profile commercial, and agricultural sources
b. waste characterization • For premises containing six or more residential units,
c. collection and transfer the local government shall require the owner or person
d. processing in charge to provide a designated area and containers
e. source reduction in which to accumulate source separated recyclable
f. recycling materials
g. composting • minimum standards and requirements for the
h. solid waste facility capacity and final disposal segregation and storage of solid waste pending
i. education and public information collection:
j. special waste management a. There shall be a separate container for each type
k. resource retirement and funding of waste from all sources. In case of bulky waste,
l. privatization of solid waste management projects it will suffice that the same be collected and
m. incentive programs placed in a separate and designated area; and
b. The solid waste container depending on its use
CLUSTERING OF COMMON SOLID WASTE shall be properly marked or identified for on-site
MANAGEMENT PROBLEMS collection
• DENR shall publish guidelines for the identification of COLLECTION AND TRANSPORT OF SOLID WASTES
areas which have common SWM problems and are
appropriate units for clustered SWM services. • In the collection of solid waste, all collectors and other
personnel dealing directly with collection of solid
WASTE CHARACTERIZATION waste shall be equipped with personal protective
equipment to protect them from the hazards of
• The DENR shall establish guidelines for the accurate handling solid wastes.
characterization of wastes, including the determination • Waste collection techniques include
of whether or not wastes will be compatible with 1. door-to-door collection where the wastes are
containment features, and collected in every house within a target area, and
• whether or not wastes are required to be managed as 2. block or communal which utilizes MRFs in
hazardous wastes under the Toxic Substance and barangays that are within or near the targeted
Hazardous and Nuclear Wastes Control Act collection area
SOLID WASTE CONDITION • For the transport of solid wastes, the use of separate
collection schedule and/or separate trucks shall be
• MSW comes from residential, commercial, required for specific types of wastes.
institutional and industrial sources. • The vehicle shall bear the body number, the name, and
• Residential waste constitutes the bulk (56.7%) of telephone number of the contractor/agency collecting
MSW the solid waste.
• Commercial sources which include commercial • Transfer station is a facility utilized to receive solid
establishments and public or private markets wastes, temporarily store, separate, convert, or
contribute 27.1% otherwise process the materials, or to transfer the solid
• Institutional sources such as government offices, wastes directly from smaller to larger vehicles for
educational and medical institutions account for about transport
12.1%
• remaining 4.1% are waste coming from the industrial
or manufacturing sector.

SOLID WASTE MANAGEMENT PROCEDURE establishment and operation of sanitary land fill and related facilities
and the implementation of other alternative programs intended to
• Segregation of wastes shall begin in the household, reduce, reuse and recycle solid waste.
institutional, industrial, commercial and agricultural
sources, which shall be segregated into The court ruled that RA 9003 prohibits open dumps and requires strict
“compostable”, “non-recyclable”, “recyclable” or compliance with the standard set by the Act since February 15, 2001
“special type of waste”. The act also prohibits controlled dumps since February 21, 2006.
• Collection of wastes shall be undertaken by the LGU.
Open dump – a disposal area wherein the solid wastes are
Solid wastes shall be brought to Materials Recovery indiscriminately thrown or disposed of without due planning and
Facility (MRF), in which solid wastes shall be further consideration for environmental and Health standards;
sorted. Residual wastes shall be sent to landfill, while
hazardous wastes shall be sent to treatment facility. Controlled dump – a disposal site at which solid waste is deposited in
accordance with the minimum prescribed standards of site operation;
SALIENT FEATURES
Sanitary landfill – a waste disposal site designed, constructed,
• Prohibition on the Use of Non-Environmentally operated and maintained in a manner that exerts engineering control
Acceptable Packaging – No person owning, operating over significant potential environment impacts arising from the
or conducting a commercial establishment in the development and operation of the facility
country shall sell or convey at retail or possess with
the intent to sell or convey at retail any products that FERRER, JR. vs. MAYOR BAUSTISTA
are placed, wrapped or packaged in or on packaging In this case, the alleged bases of Ordinance No. S-2235 in imposing the
which is not environmentally acceptable packaging. 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
• Prohibition Against the Use of Open Dumps for Solid the increasing trend of waste generation for the past three years.
Respondents did not elaborate any further. The figure presented does
Waste – No open dumps shall be established and
not reflect the specific types of wastes generated — whether
operated, nor any practice or disposal of solid waste by
residential, market, commercial, industrial, construction/demolition,
any person, including LGUs, which constitutes the use street waste, agricultural, agro-industrial, institutional, etc. It is
of open dumps for solid wastes, be allowed reasonable, therefore, for the Court to presume that such amount
pertains to the totality of wastes, without any distinction, generated
• Prohibition on Littering, throwing, dumping of waste by Quezon City constituents. To reiterate, however, the authority of a
matters in public places, such as roads, sidewalks, municipality or city to impose fees extends only to those related to the
canals, esteros or parks, and establishment, or causing collection and transport of non-recyclable and special wastes.
or permitting the same; Open burning of solid wastes,
et. al. Questions on Ecological Solid Waste Management Act of
2000
Doctrines from some cases 1. Is sanitary landfill alienable and disposable land? YES
Province of Rizal vs. Executive Secretary
The Supreme Court has held that the said law mandates the 2. What is eco-labeling?
formulation of a National Solid Waste Management Framework, which The practice of marking products with a distinctive label to
should include, among other things, the method and procedure for the show that their manufacture conforms to recognized
phase-out and eventual closure of existing open dumps and/or environmental standards.
sanitary landfills located within an aquifer, groundwater reservoir or
watershed area. Any landfills subsequently developed must comply
3. Is the Solid Waste Act limited to land-based pollution?
with the minimum requirements laid down in Section 40, specifically
YES
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

PHILIPPINE CLEAN WATER ACT OF 2004 condition, limitation or restriction prescribed in this
Act.
KEY CONCEPTS
Waste – means any material either solid, liquid, semisolid,
• According to World Bank, Manila is second lowest in contained gas or other forms resulting industrial, commercial,
sewerage connections in major cities in Asia mining or agricultural operations, or from community and
• modified household activities that is devoid of usage and discarded.
a. RA 6969 “Toxic Substances and Hazardous and
Nuclear Wastes” Water Pollution – means any alteration of the physical,
b. Ra 4850 “An Act Creating LLDA” chemical, biological, or radiological properties of a water body
c. PD 1152 “Environmental Code” resulting in the impairment of its purity or quality.
d. PD 979 “An Act providing for the revision of PD
600 governing marine pollution law WATER QUALITY MANAGEMENT AREA (WQMA)
e. PD 856 “Code on Sanitation.”
• Definition: geographical areas designated by the
• apply to water quality management in all water bodies Secretary of DENR, in coordination with National
but it shall primarily apply to the abatement and Water Resources Board which determines the area’s
control of pollution from land based sources. size and boundaries, that have the same hydrological,
• the water quality standards and regulations and the hydrogeological, meteorological or geographic
civil liability and penal provisions of CWA shall be conditions which affect the physicochemical,
enforced irrespective of sources of pollution biological and bacteriological reactions and diffusions
of pollutants in the water bodies, or otherwise share
IMPORTANT TERMS common interest or face similar development
programs, prospects or problems
Beneficial use – use of the environment or any • Goal: for the improvement of its water quality to meet
element/segment thereof conducive to public or private welfare, the classification to which they have been classified or
safety and health; and shall include, but not limited to the use to improve their classification so that they can meet
of water for domestic, municipal, irrigation, power generation, their projected or potential use based on water quality
fisheries, livestock raising, industrial, recreational and other guidelines.
purpose.
Governing Board
Contamination – means the introduction of substances not • Purpose:
found in the natural composition of water that make the water a. Formulate strategies to coordinate policies
less desirable or unfit for intended use. necessary for the effective implementation of
CWA
Discharge – the act of spilling, leaking, pumping, pouring, b. Monitor, survey and report the Water quality
emitting, emptying, releasing or dumping of any material into a status of the area
water body or onto land from which it might flow or drain into c. Undertake complementary intervention for non-
said water. point source
Effluent – means discharge from known sources which is MANAGEMENT OF NON-ATTAINMENT AREAS
passed into a body of water or land, or wastewater flowing out • bodies of water or portion thereof, designated by
of a manufacturing plant, industrial plant including domestic, DENR, in coordination with LGU in the area, where
commercial and recreational facilities. specific pollutants from either natural or man-made
source have already exceeded water quality guidelines
Pollutant – shall refer to any substance, whether solid, liquid, as non-attainment areas for exceeded pollutants
gaseous or radioactive, which directly or indirectly:
a. alters the quality of any segment of the receiving water • Purpose in designating NAAs
body to affect or tend to affect adversely any beneficial a. To prevent the further degradation of the body of
use thereof; water to the effect that no new sources of pollutant
b. is hazardous or potential hazardous to health; are to be built in NAA unless there is a
c. imparts objectionable odor, temperature change, or corresponding reduction in discharge from
physical, chemical or biological change to any existing sources, and the total pollution load from
segment of the water body; or all sources including new sources which will not
d. is in excess of the allowable limits, concentrations, or exceed targets in the plan to upgrade the water
quality standards specified, or in contravention of the quality.

b. To identify existing source of water pollutant, 2. Operators of wastewater treatment in ECOZONES

including those naturally occurring in the area provided that industries within ECOZONES but not
c. To subject to strict monitoring those sources of connected to the wastewater treatment plant shall be
pollution which are not in compliance with the liable for the charges individually
effluent standard, without prejudice to imposing
penalties and administrative remedies Exempted from wastewater charge (LIE)
1. LGU undertaking or about to undertake pilot ecological
DOMESTIC SEWAGE COLLECTION, TREATMENT sanitation technologies and other sanitation technologies
AND DISPOSAL provided that effluents from such pilot testing activities
shall meet effluent standards
• In Areas considered as Highly Urbanized City and in 2. Industries that recycle their waster without discharge
Metro Manila, the agencies vested to provide water into any water body or land; however, they shall be
supply and sewerage facilities and/or concessionaires, liable for payment of discharge permit
in coordination with LGU, are required to connect the 3. Establishment and industries discharging to and
existing sewage line found in all subdivisions, contributing for maintenance of the sewerage system
condominiums, commercial centers, hotels, sports and and treatment facilities
recreational facilities, hospitals, market places, public
buildings, industrial complex and other similar DISCHARGE PERMITS
establishments including households to available
sewerage system. • discharge permit shall be the legal authorization
• In areas not considered as HUCs, the DPWH in granted by the DENR to discharge wastewater:
coordination with the DENR, DOH and other provided, that the discharge permit shall specify
concerned agencies, shall employ septage or combined among others, the quantity and quality of effluent that
sewerage-septage management system. said facilities are allowed to discharge into a particular
water body, compliance schedule and monitoring
ACTIONS AGAINST NON-CONNECTION TO requirement
AVAILABLE SEWERAGE SYSTEM
Remedies of denied applicants
1. The DENR shall withhold permits or refuse issuance a. Motion for Reconsideration
of ECC for establishments that fail to connect their b. Appeal to the Secretary
sewage lines to available sewerage system except
those in areas where sewerage lines are not yet Grounds for suspension/revocation of permit
available. 1. Noncompliance with or gross violation of the CWA,
2. The DENR shall request the concerned LGU, water IRR of CWA and permit conditions
districts and other appropriate agencies, in writing, to 2. Deliberate or negligent submission of false
sanctions person who refuse connection, including information in the application which led to the
non-issuance of Environmental Sanitation Clearance issuance of permit
by DOH, in accordance with CWA and other existing 3. Deliberate or negligent submission of false monitoring
law. data or report required in the discharge permit
3. Should the property owner persist in refusing to 4. Refusal to allow lawful inspection conducted by the
connect, the water district shall deprive him of any and DENR thru the bureau
all services provided by the water district. 5. Nonpayment of wastewater charge within 30 day cure
period from the date such payment is due
WASTEWATER CHARGE SYSTEM 6. Other grounds provided by law
• economic tool to induce polluters to modify their ENVIRONMENTAL GUARANTEE FUND

production or invest in pollution control system and to
cover the cost of administering water quality • finance the maintenance of the health of the
management or improvement program ecosystems and specially the conservation of
watersheds and aquifers affected by the development,
Who shall pay? and the needs of emergency response, clean-up or
1. Operators of sewerage treatment plant provided that rehabilitation of areas that may be damaged during the
such operator may claim contributions or sewerage program's or project's actual implementation
fees from residences, establishments or industries that • may be in the form of a trust fund, environmental
use the facilities insurance, surety bonds, letters of credit, self-

insurance and any other instruments which may be • conduct hearings, impose penalties for violation of PD
identified by the Department No. 984,
• issue writs of execution to enforce its orders and
CLEAN-UP OPERATIONS decisions
• The PAB’s final decisions may be reviewed by the
• any person who causes pollution in or pollutes water Court of Appeals under Rule 43 of the Rules of Court.
bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and POLLUTION RESEARCH AND DEVELOPMENT
clean-up any pollution incident at his own expense LPROGRAMS
• if needs urgency, he Department, in coordination with
other government agencies concerned, shall conduct • DOST shall conduct and promote the coordination and
containment, removal and clean-up operations at the acceleration of research, investigation, experiments,
expense of such person training, surveys and studies relating to the causes,
extent, prevention and control of pollution among
PROGRAMMATIC ENVIRONMENTAL IMPACT concerned government agencies and research
ASSESSMENT institutions.
• The Department shall implement programmatic LOCAL GOVERNMENT UNITS

compliance with the environmental impact assessment
system, as in the following types of development: • Each LGU shall, through its Environment and Natural
a. Development consisting of a series of similar Resources Office (ENRO) established in Republic Act
projects, or a project subdivided into several No. 7160, have the following powers and functions:
phases and/or stages whether situated in a a. Monitoring of water quality;
contiguous area or geographically dispersed; and b. Emergency response;
b. Development consisting of several components or c. Compliance with the framework of the Water
a cluster of projects co-located in an area such as Quality Management Action Plan;
an industrial estate, an export processing zone, or d. To take active participation in all efforts
a development concerning water quality protection and
rehabilitation; and
• shall identify environmental constraints and e. To coordinate with other government agencies
opportunities in programmatic areas and civil society and the concerned sectors in the
• Department may allow each regional industrial center implementation of measures to prevent and
established pursuant to Republic Act No. 7916 (PEZA control water pollution
law) to allocate effluent quotas to pollution sources
within its jurisdiction that qualify under an ADMINISTRATIVE SANCTIONS
environmental impact assessment system
programmatic compliance program • Local government officials concerned shall be subject
to Administrative sanctions in case of failure to
LEAD AGENCY comply with their action plan
• DENR JOINT CONGRESSIONAL OVERSIGHT COMMITTEE

• DENR is also tasked to prepare a • composed of 5 senators and 5 house representatives
a. National Water Quality Status Report, • monitors the implementation of the Act
b. an Integrated Water Quality Management • co-chaired by the Chairpersons of the Committee on
Framework, and Environment of the Senate and the Committee on
c. a ten-year Water Quality Management Area Ecology of HOR
Action Plan which is nationwide in scope
covering the Manila Bay and adjoining areas Doctrines from some cases
Shell Philippine Exploration vs. Jalos
POLLUTION ADJUDICATION BOARD (PAB) 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
• “determine the location, magnitude, extent, severity, natural gas pipeline. The pipeline, they said, "greatly affected" or
causes and effects” of water altered the natural habitat of sh and affected the coastal waters'
• “serve the arbitrator for the determination or natural function as fishing grounds. Inevitably, in resolving Jalos, et al.'s
reparation, or restitution of the damages and losses claim for damages, the proper tribunal must determine whether or not
resulting from pollution.” the operation of the pipeline adversely altered the coastal waters'

properties and negatively affected its life sustaining function. The PHILIPPINE CLEAN AIR ACT OF 1999
power and expertise needed to determine such issue lies with the PAB.
KEY PRINCIPLES
Jalos,et al. had, therefore, an administrative recourse before ling their
complaint with the regular courts.The laws creating the PAB and • Based on the principle that a clean and healthy
vesting it with powers are wise. The definition of the term "pollution" environment is for the good of all and should therefore
itself connotes the need for specialized knowledge and skills, technical be the concern of all
and scientific, in determining the presence, the cause, and the effects
of pollution. These knowledge and skills are not within the
RIGHTS RECOGNIZED
competence of ordinary courts. Consequently, resort must first be
a. The right to breathe clean air;
made to the PAB, which is the agency possessed of expertise in
determining pollution-related matters.
b. The right to utilize and enjoy all natural resources
according to the principles of sustainable
Summit One Condominium Corporation vs. PAB and EMB-NCR development;
It is undeniable that petitioner failed to comply with effluent standard c. The right to participate in the formulation, planning,
and that EMB is not bound to act on the self monitoring report of implementation and monitoring of environmental
Milestone, a non accredited or non- DENR recognized environmental policies and programs and in the decision-making
laboratory entitiy. Under rule 27.5 of the IRR of Clean water act, it is process;
provided that the continuation of the violation for which a daily fine d. The right to participate in the decision-making process
shall be imposed shall not be construed to be a continuation of the concerning development policies, plans and programs
discharge or pollutive activity but the continuation of the existence of projects or activities that may have adverse impact on
pollution. Therefore, SOCC shall be liable for the fines even after the the environment and public health;
results shown by Milestone as it is inconsequential. The SOCC should e. The right to be informed of the nature and extent of the
have inquired before the EMB-NCR regarding its self-monitoring potential hazard of any activity, undertaking or project
reports when it was not acted upon. But it failed to do so. Therefore, and to be served timely notice of any significant rise
the petition is denied. in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous
Questions on Philippine Clean Water Act of 2004 substances;
1. What is the definition of hazardous waste? f. The right of access to public records which a citizen
Hazardous waste – means any waste or combination of wastes may need to exercise his or her rights effectively under
of solid liquid, contained gaseous, or semi-solid form which this Act;
cause, of contribute to, an increase in mortality or an increase g. The right to bring action in court or quasi-judicial
in serious irreversible, or incapacitating reversible illness, bodies to enjoin all activities in violation of
taking into account toxicity of such waste, its persistence and environmental laws and regulations, to compel the
degradability in nature, its potential for accumulation or rehabilitation and cleanup of affected area, and to seek
concentration in tissue, and other factors that may otherwise the imposition of penal sanctions against violators of
cause or contribute to adverse acute or chronic effects on the environmental laws; and
health of persons or organism. h. The right to bring action in court for compensation of
personal damages resulting from the adverse
2. Does CWA modify or repeal RA 6969 (hazardous waste environmental and public health impact of a project or
act)? NO. activity.
3. Where to file cases violative of this law? PAB DEFINITION OF TERMS
4. Where to file the action if the waste is solid? If semi Air pollutant – any matter found in the atmosphere other than
solid? If liquid? [please supply more answers] the inert gases in their natural or normal concentrations that is
Under RA No. 9003, detrimental to health or environment
- Private offender – proper courts
- Public officials – Complaint to Environmental Air pollution – any alteration of the physical, chemical and
Ombudsman biological properties of the atmospheric air, or any discharge
Under RA No. 9275 that will likely to create or render the air resources harmful,
- PAB may hear cases 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.

• Financial liability instruments may be in the form a

Ozone Depleting Substances – those substances that trust fund, environmental insurance, surety bonds,
significantly deplete or otherwise modify the ozone layer in a letters of credit, as well as self-insurance
manner that is likely to result in adverse effects of human health
and the environment such as, but not limited to, POLLUTION FROM STATIONARY SOURCES
chlorofluorocarbons, halons and the like
• Where no emission or ambient standard is prescribed
AMBIENT AIR QUALITY GUIDELINE VALUES AND – the owner or operator of an industrial plant or
STANDARDS stationary source shall conduct its operation or process
by the best practicable
• DENR shall review and or revise and publish annually • The absence of the ambient air or emission standard
a list of hazardous air pollutants with corresponding for a specific air pollutant shall not preclude the
ambient guideline values and/or standard necessary to Department through the Bureau to take appropriate
protect health and safety, and general welfare. action to control such pollutants to assure the health,
• The Department shall base such ambient air quality welfare and comfort of the general population.
standards on WHO standards • Monitoring and enforcement done through EMB
Regional Offices
• Air quality can be measured using three indicators:
a. Particulate Matter (PM) 2.5 – measures the BAN ON INCINERATIONS
most dangerous type of air-polluting particles –
particles small enough to enter the bronchial tubes • Incineration – process of burning of municipal bio-
of the lungs and cause severe respiratory diseases medical and hazardous wastes, which emits poisonous
b. PM10 – measures particles which are small and toxic fumes.
enough to enter the nasopharynx in the upper • However, prohibition on incineration does not apply to
portion of the esophagus sanitation “siga”, traditional, agricultural, health and
c. Total Suspended Particulates (TSP) – measures food preparation and crematoria.
particles bigger than PM10 – the dirt that usually
settles in your nostrils POLLUTION FROM MOTOR VEHICLES
DENR Administrative Order No. 2013-13 • Any imported new or locally-assembled motor
• sets the National Ambient Air Quality Guideline vehicle shall not be registered unless it complies with
Value (NAAQGV) for particulate matter measuring the emission standards set, as evidenced by Certificate
2.5 micrometers in diameter or smaller (PM2.5) of Conformity (COC).
• PM2.5 pollutants are of finer particles usually emitted • No motor vehicle registration (MVR) shall be issued
by vehicles and burning plants. unless such motor vehicle passes the emission testing
requirement.
AIR POLLUTION CLEARANCES AND PERMITS • PUV submitted to DOTC/LTO for renewal of
registration shall only be allowed upon presentation of
• Said permits shall cover emission limitations for the a valid Vehicle Inspection Report (valid for 6 months)
regulated air pollutants to help attain and maintain the • Bantay Tambutso – roadside apprehension of smoke
ambient air quality standards belching vehicles in strategic areas in Metro Manila
• All sources of air pollution subject to the • LTO regulates the mandatory emission testing of
Implementing Rules and Regulations (IRR) of R.A. private and public vehicles.
No. 8749 must have a valid Permit to Operate issued • DTI also takes part in the implementation of the Act
by the Director. which includes the accreditation of emission testing
• New or modified sources must first obtain an centers.
Authority to Construct issued by the Director. • It was observed that compliance to emission standards
• Facilities having more than one source may group the is not dependent on the age of the engine as long as
sources under a single permit application, provided the proper preventive maintenance system is undertaken
requirements are met for each individual source on a regular basis.
• Department shall require program and project
proponents to put up financial guarantee DENR Administrative Order No. 2015-04
mechanisms to finance the needs for emergency • All new vehicles to be used or introduced into the
response, clean-up rehabilitation of areas Philippine market by January 2016 shall be equipped
with Euro 4/IV engine

• The Euro emission standards seek to limit the INSTITUTIONAL MECHANISM

vehicle’s toxic gas to attain a cleaner, breathable air.
• the DTI, together with the DOTC and the Department • RA No. 8749 assigns the DENR, through its EMB, as
shall formulate and implement a national motor the lead agency in the overall implementation of the
vehicle inspection and maintenance program that law’s provisions
will promote efficient and safe operation of all motor • It shall prepare an annual National Air Quality Status
vehicles Report which shall be used as the basis in formulating
the Integrated Air Quality Improvement Framework
PUV Modernization Program • The EMB is required to conduct an inventory of
• mandates the phaseout of PUVs aged 15 years or old emissions once every 3 years.
• jeepneys should be replaced by those powered by Euro • This emissions inventory estimates emissions coming
4 engines or electrically-powered engines with solar from stationary, mobile and area sources.
panels for roofs
NON-ATTAINMENT AREAS
PROHIBITION ON SMOKING
• areas where specific pollutants have already exceeded
• Section 10 of Clean Air Act: Smoking inside a public ambient standards
building or an enclosed public place, including public • In coordination with other appropriate government
vehicles and other means of transport, or in any other agencies, the LGUs shall prepare and implement a
enclosed area outside one’s private residence, private program and other measures including relocation,
place of work or any duly designated smoking area is whenever necessary, to protect the health and welfare
prohibited. (To be implemented by LGUs) of residents in the area.
FUELS, ADDITIVES, AND SUBSTANCES AIR QUALITY MANAGEMENT FUND
• DOE, co-chaired by the DENR, in consultation with • special account in the National Treasury established to
the Bureau of Product Standards (BPS) of the DTI, the finance containment, removal, and clean-up
DOST, the representatives of the fuel and automotive operations of the Government in air pollution cases,
industries, academe and the consumers shall set the guarantee restoration of ecosystems and rehabilitate
specifications for all types of fuel and fuel-related areas affected by the acts of violators of this Act, to
products, to improve fuel composition for increased support research, enforcement and monitoring
efficiency and reduced emissions activities and capabilities of the relevant agencies, as
• the specifications for all types of fuel and fuel-related well as to provide technical assistance to the relevant
products set-forth shall be adopted by the BPS as agencies.
Philippine National Standards (PNS) • sourced from the fines imposed and damages awarded
• No manufacturer, processor or trader of any fuel or to the Republic of the Philippines by the Pollution
additive may import, sell, offer for sale, or introduce Adjudication Board (PAB), proceeds of licenses and
into commerce such fuel for additive unless the same permits issued by the Department, emission fees and
has been registered with the DOE. from donations, endowments and grants in the forms
• [misfuelling] no person shall introduce or cause or of contributions
allow the introduction of leaded gasoline into any
motor vehicle equipped with a gasoline tank filler inlet JOINT CONGRESSIONAL OVERSIGHT COMMITTEE
and labeled "unleaded gasoline only" • composed of 5 senators and 5 house representatives
• [use of leaded gasoline] no person shall manufacture, • monitors the implementation of the Act
import, sell, offer for sale, introduce into commerce, • co-chaired by a senator and a house representative as
convey or otherwise dispose of, in any manner, leaded respectively appointed
gasoline and engines and components requiring the
use of leaded gasoline ACTIONS
MONTREAL PROTOCOL Administrative Action involving Stationary Sources

• the Department shall, on its own instance or upon
• Section 30 of Clean Air Act: The Department shall verified complaint by any person, institute
phase-out ozone-depleting substances. administrative proceedings against any person who
violates:

a. Standards or limitation provided under this Act; any person, institution or government agency that
or implements a law complained about, it shall be the
b. Any order, rule or regulation issued by the duty of the investigating prosecutor or the court, as the
Department with respect to such standard or case may be, to immediately determine within 30 days,
limitation. whether the said legal action has been filed to harass,
vex, exert undue pressure or stifle such legal recourses
• Pollution Adjudication Board (PAB) of the person complaining.
shall have exclusive jurisdiction over the adjudication
of pollution cases, and all other matters related thereto, Doctrines from some cases
including the imposition of administrative sanctions, Henares vs.
except as may be provided by law. Land Transportation Franchising and Regulatory Board
Mandamus is available only to compel the doing of an act specifically
Among other environmental laws, it has a specific enjoined by law as a duty. Here, there is no law that mandates the
jurisdiction over the following cases involving Clean respondents LTFRB and the DOTC to order owners of motor vehicles
Air Act: to use CNG. At most the LTFRB has been tasked by E.O. No. 290 in par.
a. For actual exceedance of air quality standards or 4.5 (ii), Section 4 "to grant preferential and exclusive Certificates of
Public Convenience (CPC) or franchises to operators of NGVs based on
limitations provided under the Clean Air Act;
the results of the DOTC surveys." Further, mandamus will not
b. Any order, rule or regulation issued by the DENR
generally lie from one branch of government to a coordinate branch,
with respect to such standard or limitation for the obvious reason that neither is inferior to the other.
Abatement of private/public nuisance Yet, as serious as the statistics are on air pollution, with the present
• Section 694 of NCC provides that nuisance is any act, fuels deemed toxic as they are to the environment, as fatal as these
omission, establishment, condition of property or pollutants are to the health of the citizens, and urgently requiring
anything else which: (1) injures or endangers the resort to drastic measures to reduce air pollutants emitted by motor
health or safety of others; or (2) annoys or offends the vehicles, we must admit in particular that petitioners are unable to
senses; or (3) shocks, defies or disregards decency or pinpoint the law that imposes an indubitable legal duty on
morality; or (4) obstructs or interferes with the free respondents that will justify a grant of the writ of mandamus
passage of any public highway or street or any body of compelling the use of CNG for public utility vehicles. It appears to us
water; or (5) hinders or impairs the use of property. that more properly, the legislature should provide first the specific
statutory remedy to the complex environmental problems bared by
Actions before the LTO herein petitioners before any judicial recourse by mandamus is taken.
• may be commenced by any person by filing a written
complaint, or by the DOTC on its own initiative, or by Technology Developers, Inc. vs. Court of Appeals
the filing of a charge by any deputized agent of the While it is true that the matter of determining whether there is a
pollution of the environment that requires control if not prohibition of
DOTC before the hearing officer
the operation of a business is essentially addressed to the
• summary in nature Environmental Management Bureau of the DENR, it must be
• technical rules of evidence obtaining in courts of law recognized that the mayor of a town has as much responsibility to
shall not bind the Traffic Adjudication Service of the protect its inhabitants from pollution, and by virtue of his police
LTO power, he may deny the application for a permit to operate a business
• Rules of Court in a supplementary character or otherwise close the same unless appropriate measures are taken to
control and/or avoid injury to the health of the residents of the
Citizen Suit community from the emissions in the operation of the business.
• Any citizen may file an appropriate civil, criminal or
administrative action in the proper court against: MMDA vs. Jancom Environmental Corporation
1. Any person who violates or fails to comply with G.R. No. 147465, January 30 2002
the provision of the Clean Air Act Section 20 of the Clean Air Act does not absolutely prohibit
2. The Department or other implementing agencies incineration as a mode of waste disposal; rather only those burning
with respect to orders, rules and regulations issued processes which emit poisonous and toxic fumes are banned.
inconsistent with Clean Air Act.
3. Any public officer who willfully or grossly MMDA vs. Jancom Environmental Corporation
G.R. No. 147465 April 10 2002
neglects the performance of an act.
To consider Section 20 of the Clean Air Act as prohibiting all forms of
incineration would render the phrase "which process emits poisonous
Suits and Strategic Legal Actions against Public Participation
and toxic fumes" a useless surplusage, which could not have been the
(SLAPP) intention of legislature, seeing that our learned legislators even took
• Where a suit is brought against a person who filed an pains to define, in Section 5, Article II of the Clean Air Act what
action as provided in Section 41 (Citizen suit) against

poisonous and toxic fumes are. It may not, thus, be argued that the PHILIPPINE DISASTER RISK REDUCTION AND
Clean Air Act prohibits all forms of incineration as to make the contract MANAGEMENT ACT OF 2010
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. • Transforms the Philippines’ disaster management
system from disaster relief and response towards
disaster risk reduction
Questions on Philippine Clean Air Act of 1999
• Paradigm shift of RA 10121:
1. Is the Clean Air Act Obsolete? NO.
a. Bottom-up and participatory disaster risk
reduction
2. Is there a difference between toxic fume and
b. Disaster mainly a reflection of people’s
poisonous fume?
vulnerability
None. Under RA 8749, both poisonous and toxic fumes mean
c. Integrated approach to genuine social and human
any emissions and fumes which are beyond intentionally-
development to reduce disaster risk
accepted standards
• Disaster Risk Reduction refers to “concept and
3. What is the “polluter pays principle”?
practice of reducing disaster risks through systematic
The commonly accepted practice that those who produce
efforts to analyze and manage the causal factors of
pollution should bear the costs of managing it to prevent
damage to human health or the environment. disasters, including through reduced exposures to
hazards, lessened vulnerability of people and property,
wise management of land the environment, and
4. What is our present performance environmental
improved preparedness for adverse events.”
index?
In 2016, 73.70 • Disaster Response refers to immediate and short‐term
needs and is sometimes called “disaster relief”. It
5. What is an airshed? involves knowing about the hazard contingency plan,
Part of the atmosphere that behaves in a coherent way with monitoring the hazards through warning systems and
respect to the dispersion of emissions. It is a geographical area mitigating it by means of infrastructures.
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.
• 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
ENTITIES INVOLVED IN THE DRRM
Implementing Bodies
a. National government
b. LGUs
c. Civil Society Organizations, the private sector and
volunteers
d. Communities
DRRM Structure
• Clarified the distinction between oversight versus
implementation of DRRM

NDRRMC • carry out coordination, integration, supervision,

monitoring and evaluation functions covering
• Oversee the DRMM system in the Philippines Regional Council Member Agencies and the
• Secretary of DND – Chairperson LDRRMCs within their jurisdictions
• Secretary of DILG – VC for Preparedness • responsible in ensuring risk-sensitive regional
• Secretary of DSWD – VC for Response development plans, and in case of emergencies, shall
• Secretary of DOST – VC for Prevention and convene the different regional line agencies and
Mitigation concerned institutions and authorities
• Secretary of NEDA – VC for Rehabilitation and • establish an operating facility on a 24-hour basis, to be
Recovery known as the Regional Disaster Risk Reduction and
• Section 6 enumerated the powers and functions of the Management Operations Center (RDRRMOC)
NDRRMC
METRO MANILA DRRMC
OFFICE OF THE CIVIL DEFENSE
• chaired by the Chairperson of MMDA
• have the primary mission of administering a • same organizational structure with RDRRMCs
comprehensive national civil defense and disaster risk
reduction and management program by providing LOCAL DRRMC
leadership in the continuous development of strategic
and systematic approaches as well as measures to • Barangay Development Councils (BDCs) serve as the
reduce the vulnerabilities and risks to hazards and LDRRMCs at the barangay level
manage the consequences of disasters • Section 11 enumerated the functions of LDRRMCs
• Section 9 enumerated the powers and functions of the • Chaired by the Local Chief Executive and has 18
OCD members
NDRRM PLAN (NDRRMP) How will the LDRRMCs coordinate during a disaster?
• The LDRRMCs shall take the lead in preparing for,
• Document formulated and implements by the responding to, and recovering from the effects of any
NDRRMC through the OCD that sets out goals and disaster based on the following criteria:
specific objectives for reducing disaster risk together
with related actions to accomplish these objectives a. BDC = a barangay is affected
• Overall vision is safer, adaptive and disaster-resilient b. City/municipal DRRMC = two (2) or more barangays
Filipino communities toward sustainable development c. PDRRMC = two (2) or more cities/municipalities
• OCD formulates and implements NDRRMP d. RDRRMC = two (2) or more provinces
• Four Priority Areas: e. NDRRMC = two (2) or more regions are affected
1. Disaster prevention and mitigation
2. Disaster preparedness LOCAL DRRM OFFICE
3. Disaster response
4. Rehabilitation and recovery • There shall be established an LDRRMO in every
province, city and municipality, and a Barangay
• Result-based programming shall be used in ensuring Disaster Risk Reduction and Management Committee
that implementation is on time and learning (BDRRMC) in every barangay
experiences is built into the DRRM System • responsible for setting the direction, development,
implementation and coordination of disaster risk
LOCAL GOVERNMENT PARTICIPATION ON management programs within their territorial
DISASTER MANAGEMENT jurisdiction.
• LDRRMO is a mandatory office
• Local DRRM managers are at the forefront of disaster • BDRRMC is a mandatory committee
reduction and risk management as they take in the • Functions:
challenge of enhancing the resilience of their a. Research and planning
respective communities where disaster incidents take b. Administration and training
place. c. Operations and warning
REGIONAL DRRMC

ACCREDITATION, MOBILIZATION, AND Section 6 of RA No. 7581 (Price Act)

PROTECTION OF DISASTER VOLUNTEERS AND • Unless otherwise declared by the President, prices of
NATIONAL SERVICE RESERVE CORPS, CSOS AND basic necessities in an area shall automatically be
THE PRIVATE SECTOR frozen at their prevailing prices or placed under
automatic price control whenever:
• Integration of Disaster Risk Reduction Education into 1. That area is proclaimed or declared a disaster area
the School Curricula and SK Program or under a state of calamity;
• Mandatory Training for the Public Sector Employees 2. That area is declared under an emergency;
• DepED, CHED, TESDA, in coordination with the 3. The privilege of the writ of habeas corpus is
OCD, NYC, DOST, DENR, DILG-BFP, DOH, suspended in that area;
DSWD and other relevant agencies, has the duty to 4. That area is placed under martial law;
integrate disaster risk reduction and management 5. That area is declared to be in a state of rebellion;
education or
6. A state of war is declared in that area.
LDRRMF (FUND)
Government agencies that extend calamity or emergency
• Not less than 5% of the estimated revenue from loans
regular sources shall be set aside as the LDRRMF to a. GSIS
support disaster risk management activities b. Home Development Fund (PAG-IBIG)
• 30% of this shall be allocated to Quick Response c. SSS
Fund (QRF)
• Unexpended LDRRMF shall accrue to a Special Trust Agencies Involved
Fund (STF) solely for the purpose of supporting a. NDRRMC
disaster risk reduction and management activities of b. OCD
the LDRRMCs within the next five (5) years c. OP – approval of the calamity fund
• If not used after 5 years – will revert to the general d. DBM – issues Special Allotment Release Order and
fund Notice of Cash Allocation
i. NGAs and GOCCs
• There is also People’s Survival Fund [SEE NOTES
ii. LGUs
ON THE CLIMATE CHANGE ACT OF 2009]
QUICK RESPONSE FUND
DECLARATION OF STATE CALAMITY
• built-in budgetary allocations that represent pre-
• State Calamity refers to a condition involving mass
disaster or standby funds for agencies in order to
casualty and/or major damages to property, disruption
immediately assist areas stricken by catastrophes and
of means of livelihoods, roads and normal way of life
crises
of people in the affected areas as a result of the
occurrence of natural or human-induced hazard. • does not require the recommendation of the NDRRMC
or the approval of OP to trigger the use and release of
• The National Council shall recommend to the
funds
President of the Philippines
• The President’s declaration may warrant international
MECHANISM FOR INTERNATIONAL HUMAN
humanitarian assistance as deemed necessary
ASSISTANCE
• The declaration and lifting of the state of calamity may
also be issued by the local sanggunian, upon the
• may be issued by the President upon the
recommendation of the LDRRMC
recommendation of the chairman of NDRRMC
• The National Council shall determine the criteria for
• as party to the ASEAN Agreement on Disaster
the declaration and lifting of a state of calamity
Management and Emergency Response
including epidemics
(AADMER), the request for assistance may be sent
directly to other ASEAN Member States or through
REMEDIAL MEASURES
the ASEAN Humanitarian Assistance (AHA) Centre
in Jakarta, Indonesia.
• If state of calamity is declared:
• The DFA may facilitate the call for international
a. Price control
assistance and closely coordinate with the NDRRMC
b. Appropriation of calamity fund
• LDRRMCs may directly submit or request assistance
c. Granting of no interest loans
abroad (Section 23, Local Government Code of
1991)

• Any importation and donation shall be treated as environmental rights are violated. The Civil Code provisions
importations by and/or donations to the NDRRMC, on quasi-delicts are found in Articles 2176 to 2194.
subject to the rules and regulations of the Tariff and
Customs Code or special facilities created by the CLIMATE CHANGE ACT OF 2009
Office of the President for the purpose
• Payment of duties and taxes by concerned member KEY PRINCIPLES
agencies, if any, shall be subject to deferred payment • Mitigation is defined as a policy or action, measures,
scheme strategies to reduce or avoid GHG emissions or to
• Foreign donations and importations for humanitarian increase GHG absorption.
assistance and disaster relief shall also be guided with • Adaptation is the adjustment in natural or human
the International Disaster Response Law (IDRL) systems to a new or changing environment.
and other related guidelines • Two of the major coal contributors: carbon dioxide
and nitrous oxide
Questions on Philippine Disaster Risk Reduction and • Agreement with UN Framework Convention on
Management Act of 2010 Climate Change (UNFCCC) put into effect through
1. Why is RA 10344 relevant to RA 10121? the Paris Agreement 2015
The protection of DRRM equipment is crucial in guaranteeing • The State has adopted the Philippine Agenda 21
accurate and timely determination of factors involved in framework which espouses sustainable development,
hazards. Previously, isolated incidents involving the theft and to fulfill human needs while maintaining the quality if
destruction of such equipment have hampered the efforts of the the natural environment for current and future
NDRRMC and its local counterparts, with the implementation generations.
of this law, the operations of NDRRMC and its local • Hyogo Framework for Action, the State likewise
counterparts will proceed smoothly. adopts the strategic goals in order to build national and
local resilience to climate change-related disasters
2. Could you bring an action under RA 10121 against
an LGU? TERMS
[my suggested answer (read at your own risk] YES. An • Climate Change refers to a change in climate that can
aggrieved party may bring an action using the grounds or be identified by changes in the mean and/or variability
responsibilities enumerated under R.A. No. 10121 through a of its properties and that persists for an extended
petition for a writ of continuing mandamus. According to the period typically decades or longer, whether due to
Rules of Procedure for Environmental Cases, a Writ of natural variability or as a result of human activity.
Continuing Mandamus is “a writ issued by a court in an • Disaster refers to a serious disruption of the
environmental case directing any agency or instrumentality of functioning of a community or a society involving
the government, or officer thereof to perform an act or series of widespread human, material, economic or
acts decreed by final judgment which shall remain effective environmental losses and impacts which exceed the
until judgment is fully satisfied.” ability of the affected community or society to cope
using its own resources.
3. Could RA 10121 be a source of substantive right • Disaster Risk Reduction and Management refers to
under the law on torts? the systematic process of using administrative
[my suggested answer (read at your own risk] YES. Where the directives, organizations, and operational skills and
act complained of does not fall under a specific violation of capacities to implement strategies, policies and
Environmental Law and there is evidence of recklessness or improved coping capacities in order to lessen the
negligence resulting in harm to the environment, the Civil Code adverse impacts of hazards and the possibility of
provisions on quasi-delict may apply (for example, negligence disaster. Prospective Disaster Risk Reduction and
attributed to an officer of NDRRMC or its local counterpart in Management refers to risk reduction and management
connection to its mandated duties). There is negligence when a activities that address and seek to avoid the
person’s conduct lacks the diligence required by the nature of development of new or increased disaster risk,
the obligation (arising from law in this case). Recklessness is especially if the risk reduction policies are not put in
conduct by a defendant which demonstrates a conscious place.
disregard for a known risk of probable harm to others.137
• Global warming refers to the increase in the average
temperature of the Earth’s near-surface air and oceans
Under the rules on quasi-delict, the basic legal duty is to act
tat is associated with the increased concentration of
with reasonable care. A party may be held liable for activities greenhouse gases in the atmosphere.
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

CLIMATE CHANGE COMMISSION endowments, bequests, or gifts in cash, or in kind from

• attached to the Office of the President local and foreign sources in support of the
• an independent and autonomous agency with the same development and implementation of climate change
status as that of a national government programs and plan.
• It is the sole policy-making body of the government
tasked to coordinate, monitor and evaluate the NATIONAL CLIMATE CHANGE ACTION PLAN
programs and action plans of the government relating (NCCAP)
to climate change.
• President – Chairperson • 2011-2028
• Consists of three commissioners assisted by a • Components: NIDAGA
1. Climate Change Officer a. Assessment of the national impact of climate change;
2. National Panel of Technical Experts b. The identification of the most vulnerable
3. Advisory Board communities/areas, including ecosystems to the
• A Joint Congressional Oversight Committee impacts of climate change, variability and extremes;
composed of 5 senators and five house representatives c. The identification of differential impacts of climate
monitors the Act’s implementation change on men, women and children;
d. The assessment and management of risk and
FORMULATION OF FRAMEWORK STRATEGY AND vulnerability;
PROGRAM ON CLIMATE CHANGE e. The identification of GHG mitigation potentials; and
f. The identification of options, prioritization of
• Section 12 states that the Framework shall include, but appropriate adaptation measures for joint projects of
not limited to, the following components: national and local governments.
NIPIR-DAAMM
a. National priorities; • seven strategic priorities:
b. Impact, vulnerability and adaptation assessments; 1. Food security;
c. Policy formulation; 2. Water sufficiency;
d. Compliance with international commitments; 3. Ecological and Environmental stability;
e. Research and development; 4. Human security;
f. Database development and management; 5. Climate-friendly industries and services;
g. Academic programs, capability building and 6. Sustainable energy;
mainstreaming; 7. Knowledge and capacity development.
h. Advocacy and information dissemination;
i. Monitoring and evaluation; and LOCAL CLIMATE CHANGE ACTION PLAN
j. Gender mainstreaming.
• Guiding principles in its formulation:
• Serves as framework for the formulation of climate 1. Increase knowledge and understanding of the hazard
change action plans both at the national and local level and climate change impacts.
• Key Result Areas (KPAs) or climate-sensitive sectors 2. Increase understanding of exposure, vulnerability and
a. Agriculture adaptive capacity.
b. Biodiversity 3. Identify and engage relevant stakeholders.
c. Infrastructure 4. Build on existing policies, tools, processes and good
d. Energy practices.
e. Population 5. Work with uncertainties.
f. Health 6. Prioritize adaptation options.
g. Demography 7. Consider adaptation actions that are sustainable.
8. Build on partnership to reduce vulnerability and risk to
• Mitigation strategies aimed to facilitate the transition climate change impacts.
of the country towards low greenhouse gas emissions 9. Avoid mal-adaptation.
for sustainable development in the long run. 10. Monitor and evaluate.
• Adaptation strategies on the other hand, aimed to
UNFCCC
build the adaptive capacity of communities and to
increase the resilience of natural ecosystems to climate • Paris Agreement is the landmark agreement
change in the long run. • It aims to limit the global temperature rise to well
• The Commission is also authorized by the R.A. 9249 below 2°C above pre-industrial levels and to pursue
to accept grants, contributions, donations, efforts to limit the increase to 1.5°C.

• 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

• If an officer arrests an alleged perpetrator without a

warrant, and without violating any offense in the code
PROHIBITED ACTS in his presence, the officer shall be investigated
administratively.
REVISED FORESTRY CODE • Forest products and other items seized and confiscated
upon authority of the DENR Secretary is lawfully
I. Section 68 of PD 705 taken by virtue of legal process and is deemed to be in
1. Cutting, gathering, collecting and removing timber or custodia legis, therefore, beyond reach of replevin.
other forest products from any forest land, or timber • Courts cannot review the decisions of the DENR
from alienable or disposable public and, or from Secretary except through special civil action for
private land without any authority; and certiorari or prohibition.
• A suit against public officers acting within the scope
2. Mere possession of timber or other forest products of their authority is a suit against the state and cannot
without the legal documents required under existing prosper without its consent.
forest laws and regulations.
II. Pasturing livestock
• In the second offense, it is immaterial whether the III. Illegal occupation of national parks system and
method of gathering the timber is legal or not. Mere recreation areas and vandalism therein
possession of the forest product without the proper IV. Survey by unauthorized persons
document is a prima facie evidence of the crime. V. Misclassification and survey by government official
• Violation of Section 68 is an offense equivalent to or employee
Qualified Theft (Articles 309 and 310 of RPC). It is
not qualified theft per se, but imposes only a penalty FISHERIES AND LLDA
equivalent to that of qualified theft.
• The elements of the crime of qualified theft of logs The following are the prohibitive acts under RA 10654.
are: SECTIONS
a. that the accused cut, gathered, collected or 86. Unauthorized Fishing.
removed timber or other forest products; 87. Engaging in Unauthorized Fisheries Activities
b. that the timber or other forest products belong 88. Failure to Secure Fishing Permit Prior to Engaging in
to the government or to any other private Distant Water Fishing
individual; and 89. Unreported Fishing
c. that the cutting, gathering, collecting or 90. Unregulated Fishing
removing was without authority granted by 91. Poaching in Philippine Waters
the state 92. Fishing Through Explosives, Noxious or Poisonous
Substance, or Electricity
• Illegal Forest Products – Any forest products that are 93. Use of Fine Mesh Net
removed, cut, collected, processed and/or transported: 94. Fishing in Overexploited Fishery Management Areas
a. without the requisite, authorization or permit; 95. Use of Active Gear in Municipal Waters, Bays and
or Other Fishery Management Areas
b. with incomplete supporting documents; 96. Ban on Coral Exploitation and Exportation
c. with genuine authorizations or permits and/or 97. Ban on Muro-ami, Other Methods and Gear
supporting documentation that have an Destructive to Coral Reefs and Other Marine Habitat
expired validity, have been cancelled or that 98. Illegal Use of Superlights or Fishing Light Attractor
contain forged entries; or 99. Conversion of Mangroves
d. with spurious (fake) authorizations, permits 100. Fishing During Closed Season
and/or supporting documents. 101. Fishing in Marine Protected Areas, Fishery Reserves,
• This offense is considered as Mala Prohibita. Refuge and Sanctuaries
• Any timber/forest product, as well as the machineries, 102. Fishing or Taking of Rare, Threatened or Endangered
equipment and tools illegally used in the area where 103. Capture of Sabalo and Other Breeders/Spawners
the timber or forest products are found, shall be 104. Exportation of Breeders, Spawners, Eggs or Fry
confiscated in favor of the government. 105. Importation or Exportation of Fish or Fishery Species.
• A forest officer or employee may arrest without 106. Violation of Harvest Control Rules
warrant any person who has committed, or is 107. Aquatic Pollution
committing in his presence any of the offense defined 108. Failure to Comply with Minimum Safety Standards
in the code. 109. Failure to Submit a Yearly Report on All Fishponds,
Fish Pens and Fish Cages

110. Gathering and Marketing of Shell Fishes or Other ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF
Aquatic Species 2000
111. Obstruction to Navigation or Flow or Ebb of Tide in
any Stream, River, Lake or Bay 11. Littering, throwing, dumping of waste matters in public
112. Noncompliance with Good Aquaculture Practices places, such as roads, sidewalks, canals, esteros or parks,
113. Commercial Fishing Vessel Operators Employing and establishment, or causing or permitting the same;
Unlicensed Fisherfolk, Fishworker or Crew 12. Undertaking activities or operating, collecting or
114. Obstruction of Defined Migration Paths transporting equipment in violation of sanitation
115. Obstruction to Fishery Law Enforcement Officer operation and other requirements or permits set forth in
116. Noncompliance with Fisheries Observer Coverage established pursuant;
117. Noncompliance with Port State Measures 13. The open burning of solid waste;
118. Failure to Comply with Rules and Regulations on 14. Causing or permitting the collection of non-segregated
Conservation and Management Measures or unsorted wastes;
119. Noncompliance with Vessel Monitoring Measures 15. Squatting in open dumps and landfills;
120. Constructing, Importing or Converting Fishing 16. Open dumping, burying of biodegradable or
Vessels or Gears Without Permit from the Department nonbiodegradable materials in flood prone areas;
121. Use of Unlicensed Gear 17. Unauthorized removal of recyclable material intended
122. Falsifying, Concealing or Tampering with Vessel for collection by authorized persons;
Markings, Identity or Registration 18. The mixing of source-separated recyclable material with
123. Concealing, Tampering or Disposing of Evidence other solid waste in any vehicle, box, container or
Relating to an Investigation of a Violation receptacle used in solid waste collection or disposal;
124. Noncompliance with the Requirements for the 19. Establishment or operation of open dumps as enjoined
Introduction of Foreign or Exotic Aquatic Species in this Act, or closure of said dumps in violation of Sec.
125. Failure to Comply with Standards and Trade-Related 37;
Measures 20. The manufacture, distribution or use of
126. Possessing, Dealing in or Disposing Illegally Caught nonenvironmentally acceptable packaging materials;
or Taken Fish 21. Importation of consumer products packaged in
127. Unauthorized Disclosure of Sensitive Technical nonenvironmentally acceptable materials;
Information 22. Importation of toxic wastes misrepresented as
128. Other Violations "recyclable" or "with recyclable content";
23. Transport and dumplog in bulk of collected domestic,
NIPAS ACT OF 1992 industrial, commercial, and institutional wastes in areas
other than centers or facilities prescribe under this Act;
2. Hunting, destroying, disturbing, or mere possession of 24. Site preparation, construction, expansion or operation of
any plants or animals or products derived therefrom waste management facilities without an Environmental
without a permit from the Management Board; Compliance Certificate required pursuant to Presidential
3. Dumping of any waste products detriment to the Decree No. 1586 and this Act and not conforming with
protected area, or to the plants and animals or inhabitants the land use plan of the LGU;
therein; 25. The construction of any establishment within two
4. Use of any motorized equipment without a permit from hundred (200) meters from open dumps or controlled
the Management Board; dumps, or sanitary landfill; and
5. Mutilating, defacing or destroying objects of natural 26. The construction or operation of landfills or any waste
beauty, or objects of interest to cultural communities (of disposal facility on any aquifer, groundwater reservoir,
scenic value); or watershed area and or any portions thereof
6. Damaging and leaving roads and trails in a damaged
condition; PHILIPPINE DISASTER RISK REDUCTION AND
7. Squatting, mineral locating, or otherwise occupying any MANAGEMENT ACT OF 2010
land;
8. Constructing or maintaining any kind of structure, fence Section 19, Republic Act No. 10121 states:
or enclosures, conducting any business enterprise Any person, group or corporation who commits any of the
without a permit; following prohibited acts shall be held liable and be subjected
9. Leaving in exposed or unsanitary conditions refuse or to the penalties in Section 20 of this Act:
debris, or depositing in ground or in bodies of water; and
10. Altering, removing destroying or defacing boundary d. Dereliction of duties which leads to destruction, loss
marks or signs. of lives, critical damage of facilities and misuse of
funds;

e. Preventing the entry and distribution of relief goods RISK REDUCTION AND PREPAREDNESS EQUIPMENT
in disaster-stricken areas, including appropriate ACT
technology, tools, equipment, accessories, disaster
teams/experts; Section 4. Prohibited Acts. – The government risk reduction
f. Buying, for consumption or resale, from disaster and preparedness equipment, accessories and other vital facility
relief agencies any relief goods, equipment or other items, or parts thereof shall, at all times, be protected and it shall
aid commodities which are intended for distribution be unlawful for any person to commit any of the following acts:
to disaster affected communities; a. Steal, or take, or possess any of the equipment, or
g. Buying, for consumption or resale, from the recipient any part thereof;
disaster affected persons any relief goods, equipment b. Sell or buy stolen equipment or any part thereof;
or other aid commodities received by them; c. Tamper, dismantle, or disassemble equipment or any
h. Selling of relief goods, equipment or other aid part thereof;
commodities which are intended for distribution to d. Attempt to commit any of the abovementioned
disaster victims; prohibited acts; and
i. Forcibly seizing relief goods, equipment or other aid e. Benefit from the proceeds or fruits of any of the
commodities intended for or consigned to a specific abovementioned prohibited acts knowing that the
group of victims or relief agency; proceeds or fruits are derived from the commission
j. Diverting or misdelivery of relief goods, equipment of said prohibited acts.
or other aid commodities to persons other than the
rightful recipient or consignee,
k. Accepting, possessing, using or disposing relief PHILIPPINE CLEAN WATER ACT OF 2004
goods, equipment or other aid commodities not
intended for nor consigned to him/her; a. Discharging, depositing or causing to be deposited
l. Misrepresenting the source of relief goods, material of any kind directly or indirectly into the
equipment or other aid commodities by: water bodies or along the margins of any surface
1. Either covering, replacing or defacing the water, where, the same shall be liable to be washed
labels of the containers to make it appear into such surface water, either by tide action or by
that the goods, equipment or other aid storm, floods or otherwise, which could cause water
commodities came from another agency or pollution or impede natural flow in the water body;
persons; b. Discharging, injecting or allowing to seep into the soil
2. Repacking the goods, equipment or other or sub-soil any substance in any form that would
aid commodities into containers with pollute groundwater. In the case of geothermal
different markings to make it appear that projects, and subject to the approval of the
the goods, came from another agency or Department, regulated discharge for short-term
persons or was released upon the instance activities (e.g. well testing, flushing, commissioning,
of a particular agency or persons; venting) and deep re-injection of geothermal liquids
3. Making false verbal claim that the goods, may be allowed: Provided, That safety measures are
equipment or other aid commodity in its adopted to prevent the contamination of the
untampered original containers actually groundwater;
came from another agency or persons or c. Operating facilities that discharge regulated water
was released upon the instance of a pollutants without the valid required permits or after
particular agency or persons; the permit was revoked for any violation of any
m. Substituting or replacing relief goods, equipment condition therein;
or other aid commodities with the same items or d. Disposal of potentially infectious medical waste into
inferior/cheaper quality; sea water by vessels unless the health or safety of
n. Illegal solicitations by persons or organizations individuals on board the vessel is threatened by a great
representing others as defined in the standards and and imminent peril;
guidelines set by the NDRRMC; e. Unauthorized transport or dumping into sea waters of
o. Deliberate use of false or inflated data in support of sewage sludge or solid waste as defined under
the request for funding, relief goods, equipment or Republic Act No. 9003;
other aid commodities for emergency f. Transport, dumping or discharge of prohibited
p. Tampering with or stealing hazard monitoring and chemicals, substances or pollutants listed under
disaster preparedness equipment and Republic Act No. 6969;
paraphernalia. g. Operate facilities that discharge or allow to seep,
willfully or through gross negligence, prohibited
chemicals, substances or pollutants listed under

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!”

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NATURAL RESOURCES AND ENVIRONMENTAL LAW REVIEWER 2017

“That in all things God may be glorified”

R.A. No. 7586

R.A. No. 9003

R.A. No. 9275

JAMES BRYAN DEANG 1

THE PHILIPPINE MINING ACT a. mineral production sharing agreements

JAMES BRYAN DEANG 2

Surface and mining rights • MPP

Filing of MPP Application

less than 200 Million pesos

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

Publication and Announcement of Registered with and

Preliminary Evaluation of the

more than 200 Million pesos

If found to be more than 500

Registered with and released by

JAMES BRYAN DEANG 3

• FTAA association or cooperative organised or authorised for

Maximum Allowable Areas

• The maximum area for an MPSA, however, is:

• The Mining Act and its IRR defines ‘qualified

JAMES BRYAN DEANG 4

Closure and remediation of mining projects 5. determination of the decision-

JAMES BRYAN DEANG 5

contractor in a service contract. By allowing foreign contractors to

The underlying assumption in the provisions of the law is that the

JAMES BRYAN DEANG 6

• It is an established doctrine that decisions and orders

JAMES BRYAN DEANG 7

JAMES BRYAN DEANG 8

JAMES BRYAN DEANG 9

DISPOSITION OF PUBLIC LANDS FOR FISHERY

• Public lands such as tidal swamps, mangroves,

CODE OF PRACTICE FOR AQUACULTURE

• The Department shall establish a code of practice for

LICENSE TO OPERATE FISH PENS, CAGES, TRAPS,

JAMES BRYAN DEANG 10

JAMES BRYAN DEANG 11

JAMES BRYAN DEANG 12

• dominantly used for fisheries LLDA vs. CA, et al.

JAMES BRYAN DEANG 13

LLDA vs. CA, et al. NIPAS ACT OF 1992

Questions on Fisheries and LLDA POLICY OF THE STATE ON ENVIRONMENTAL

• Under the Ramsar Convention, parties commit to

JAMES BRYAN DEANG 14

JAMES BRYAN DEANG 15

JAMES BRYAN DEANG 16

• Executive Order (EO) No. 301 was issued in 2004

Collection – shall refer to the act of removing solid waste from

Composting – shall refer to the controlled decomposition of

Ecological solid waste management – shall refer to the

JAMES BRYAN DEANG 17

JAMES BRYAN DEANG 18

NATIONAL SOLID WASTE MANAGEMENT STATUS

JAMES BRYAN DEANG 19

JAMES BRYAN DEANG 20

MMDA vs. Concerned Residents of Manila Bay