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Environmental law Reviewer

1. Climate Change Law


-Strengthen, integrate, consolidate and institutionalize government initiatives to
achieve coordination in the implementation of plans and programs to address
climate change in the context of sustainable development
-Provides for the system of protecting climate change system for the benefit of
the humankind on the basis of climate justice or common but differentiated
responsibilities
-Stabilize GHG concentrations in the atmosphere.
-Creates a Climate Change Commission(implements the law)
-Provides for the coordination of the NGOs, LGUs, academe, civic
organizations and the private and corporate sectors in order to promote the Act.

2. Paris Agreement (UNFCCC)


-Article 2 provides that the agreement aims to strengthen the global response to
the threat of climate change.
-Sought to limit the global average temperature increase from 2C to 1.5C in
order to reduce risks and impacts of climate change
-Parties to the Agreement shall prepare, communicate and maintain their
intended nationally determined contributions that they intend to achieve every 5
years and shall be recorded in the public registry
-Parties should take action to conserve and enhance sinks and reservoirs of
greenhouse gases including forests.
-Developed country Parties shall provide financial resources to assist
developing country Parties with respect to both mitigation and adaptation of
their obligations under the Convention
-Conference serves as the meeting of the Parties to the Paris Agreement and
shall assess the collective progress towards achieving their purpose and long
term goals referred to as the global stocktake

3. Biofuels Act of 2006


-Aims to reduce dependence on imported fuels with due regard to the protection
of public health, environment and natural resources
-Mitigation of the toxic and GHG emissions
-Within 6mos from effectivity, the DOE shall gradually phase out the use of
harmful gasoline additives
-Mandatory use of BioFuels
-Gives incentives to those who will invest in the production, distribution and
use of biofuels. (VAT exempt, financial assistance, exempt from wastewater
charges)

4. Renewable Energy Act


-Accelerate the exploration and development of renewable
resources(biomass, solar, wind, geothermal and ocean energy)

energy

-Increase and encourage the utilization of renewable energy


-Provides for the Green Energy Option that gives the end users an option to
choose renewable energy resources as their source of energy
-Provides for the Waste-to-energy Technology which convert biodegradable
materials into useful energy through various process such as anaerobic
digestion, fermentation and gastification.

5. Philippine Environmental Policy (PD 1151)


Policies: -Create, develop, maintain and improve conditions under which man
and nature can thrive in a productive and enjoyable harmony with each other
-Insure attainment of an environmental quality that is conducive to a life of
dignity and well-being.
Goals:
-Preserve important historic and cultural aspects of the Philippine history
-Recognize, discharge and fulfill the responsibilities of each generation as
trustee and guardian of the environment for the future generation.

6. Fundamental Principles of Environmental Law (Draft Covenant on


Environmental Development)
a. Respect for all life forms
b. Common Concern of humanity=global environment
c. Interdependent Values (peace, respect for HR, etc.)

8. Reorganization Act of DENR (EO 192)


-Dept. of Environment, Energy and Natural Resources--- DENR
-Ensure sustainable use, development, management, renewal and conservation
of the countrys forest, minerals, lands, and offshore areas and other natural
resources.

d. Equity and Justice

-Increase productivity of the natural resources to meet demands of thr growing


population

e. Prevention of Environmental Harm

-Promote equitable access to the natural resources

f. Precaution

BUREAUS:

g. Proportionality- utilizing the least burdensome

a. Forest Management Bureau (FMB)

/harmful alternative available

b. Land Management Bureau (LMB)

h. Resilience-ability to withstand and recover from environmental


disturbances

c. Mines and Geo-Sciences Bureau (MGB)

i. Right to Development-universal and inalienable


j. Eradication of Poverty
k. Common but Differentiated Responsibilities-depends on the
capabilities and capacities
*Intergenerational Equity- each generation owes a duty to future ones
to avoid impairing their abilities to fulfill their basic needs.

d. Environment Management Bureau (EMB)-abolished NEPC, NPCC


and ECP
e. Ecosystems Research and Development Bureau (ERDB)
f. Protected Areas and Wildlife Bureau (PAWB)
ATTACHED AGENCIES and CORPORATIONS:
a. National Mapping and Resource Information Authority (NAMRIA)
b. Natural Resources Development Corporation (NRDC)

7. Strategic Environmental Plan (SEP) for Palawan (RA 7611)


-Serves as a comprehensive framework for the sustainable development of
Palawan compatible with protecting and enhancing the natural resources and
endangered environment of the province.
-For the sustainable development of Palawan which improves the quality of life
of its people in the present and future generations

c. National Electrification Administration (NEA)

BROWN LEGISLATIONS
9. Philippine Environmental Code (PD 1152)
-Achieve and maintain such levels of air, water and land quality as to protect
the public health and to prevent injury and /or damage to plant and animal life
and property, and to promote social and economic development of the country
-Set guidelines for waste management
-Provides for the Population-Environment Balance
-Promotes Environmental Education and Research
-Encourage participation of the LGUs and private individuals in the
management and protection programs of the government

-DENR in coordination with the National Water Resources Board (NWRB)


shall designate certain areas as water quality management areas using
appropriate physiographic units such as watershed, river basins or water
resources regions.
-LGUs shall share in the responsibility in the management and improvement of
the water quality within the respective territory.
-Provides for wastewater charges for those who discharge wastewater into a
water body
-All possible dischargers are required to put up an environment guarantee fund
(EGF) as part of their environmental management plan that will finance the
conservation of watershed and aquifers and also for rehabilitation purposes.
-Prohibits the discharge of any water pollutant to the water body, also prohibits
disposal of potentially infectious medical waste into sea by vessels.

10. Clean Air Act


-Formulate a holistic national program of air pollution management
implemented through the proper delegation and coordination of functions and
activities.
-Recognizes the right to breathe clean air and the right to utilize and enjoy all
natural resources according to the principle of sustainable development
-Provides for the emission standards for motor vehicles and banned act of
incineration(burning of municipal and hazardous wastes which emits toxic
fumes)
-Regulates the use of fuel and fuel additives, and prohibits misfueling
-Phasing out of Ozone-Depleting Substances
Lead Agency: DENR
11. Clean Water Act

12. Ecological Solid Waste Management System Act


Factors contributing to the Solid Waste Problem:
a.
b.
c.
d.

Population growth
Rapid urbanization
Changing lifestyles
Consumption Patterns

-Solid wastes results to Pollution, Climate Change, Flood, etc.


-Provides for a systematic solid waste management system involving the public
for the waste treatment and disposal.
-Educates people on how to handle wastes;
-Provides for mandatory segregation of Solid Waste (dry, wet, hazardous,
garden, sanitary, etc.)

-Aims to protect the countrys water bodies from pollution caused by land
based sources.

-Prohibits the use of Open Dumps for solid waste (PAYATAS)- these are
located wherever land is available without regard to safety, health or aesthetic
degradation---use of Sanitary Landfills instead

-Provides for a comprehensive and integrated strategy to prevent and minimize


pollution through a multi-sectoral and participatory approach involving all
stakeholders.

-Gives Incentives to those who have undertaken projects, technologies in the reuse, recycling and reduction
-No littering, no burning of solid waste, no squatting in open dumps

13. Toxic Substances and Hazardous and Nuclear Waste Control Act
-Monitor and regulate the chemical substances and mixtures that present
unreasonable risk or injury to health or to the environment

GREEN LEGISLATIONS
15. National Integrated Protected Areas System Act (NIPAS Act)

-Inform and educate the populace regarding the hazards and risks attendant of
toxic chemicals and other substances

-Secure perpetual existence of all native plants and animals through the
establishments of a comprehensive system of integrated protected areas within
the classification of national park under the Constitution.

-Includes importation, manufacture, processing, storage, transportation and sale


of all unregulated chemical substances

*Protected Areas- portions of land and water set aside by reason of


their unique physical and biological siginificance

-Hazardous (unsafe); nuclear(radioactive)

*National Parks- forest reservations withdrawn from settlement,


occupancy or any form of exploitation, set aside to conserve the area or
preserve its scenery

-Provides for a pre-manufacturing and pre-importation requirement to be


complied, thereafter there will be testing in order to test whether the said
substance may present an unreasonable risk to the health or the environment
before it may be utilized.
-Prohibits the use of chemical substances who failed to comply with the
requirements

14. Environment Impact Assessment


-Process of predicting the likely environmental consequences of implementing a
project and designing appropriate preventive mitigating and enhancing
measures as an input to decision making
-Designed to assess direst and indirect impacts of a project on the environment
-Critical Areas(must obtain ECC); Non-critical Areas(no ECC necessary but
may be subject to additional environmental safeguards)
*Environment Compliance Certificate- document issued by the DENR
Secretary certifying that the proposed project or undertaking will not cause a
significant negative environmental impact, and that the proponents have
complied with all the necessary requirements in the EIA System.
Simplified Procedure:
1. Survey of the area without the project (check the environmental
conditions, presence of animals, plants etc.)
2. Forecast of the area with the proposed project (what will happen to
the area?)
3. Evaluation of the Project
EIA!EIS(basis of the ECC)! ECC

e.g. Hundred Islands in Alaminos, Pangasinan; Mayon Volcano


*Natural Monuments- small area focused on protection of small
features to protect or preserve nationally significant natural features on account
of their special interest/unique characteristics. (Chocolate Hills in Bohol)
-To be operationalized, there should be notice to the public of the proposed
project and a Presidential Proclamation designating the area as a protected area.
-An Environmental Impact Assessment is needed for activities outside the
scope of the management plan for the protected area
-Prohibits the destroying, disturbing or mere possession of plants or animals
found in the protected areas
16. Wildlife Resources Conservation and Protection Act
-Conserve countrys wildlife resources and habitats for sustainability
-Regulates the collection and trade of wildlife
-Threatened Species(critically endangered); Vulnerable Species(likely to move
to endangered category)
-Prohibit possession of wildlife EXCEPT if can prove financial and technical
capability and facility to maintain such wildlife.
-Prohibits entry of Exotic species into the country EXCEPT upon obtaining
clearance from the Secretary/rep.
-Provides for a Wildlife Management Fund that will finance rehabilitation and
restoration of habitats.

*ECOSYSTEM- a dynamic complex of plants, animals, microorganisms and


their non living environment of which people are an integral part.
*ECOSYSTEM MANAGEMENT APPROACH
-an integrated strategy for managing land, water and other living
resources that recognizes the strong linkages between the ecosystem services
and human well-being

17. Fisheries Code

19. Peoples Small Scale Mining Act


-Promote, develop protect and rationalize viable small-scale mining activities in
order to generate more employment opportunities and provide on equitable
sharing in the nations wealth and natural resources
*Small-scale Mining- mining activities, which rely heavily on manual,
labor using simple implements and methods and do not use explosives or heavy
mining equipment.
-Provincial/City Mining Regulatory Board implements the rules and regulations
related to small-scale mining within their territory.

Lead Agency: Department of Agriculture


-Provides for the development and conservation of the fisheries and aquatic
resources
-Achieve food security and to provide limitation of the access to the fishery and
other aquatic resources for the exclusive use and enjoyment of the Filipino
citizens.
-Improve the productivity of aquaculture within ecological limits
-Gives preference to municipal fisherfolk in exploiting fishery

18. Philippine Mining Act of 1995

20. Forestry Reform Code


Implementing Agency: DENR-FMB
-Land classification and survey shall be systematized and hastened
-Provides that the protection, development and rehabilitation of forest lands
shall be emphasized so as to ensure continuity in the productive condition
-Prohibits the sale of wood products without complying with the legal
requirements
-Promotes reforestation

-Regulates mineral resources development in the country


-Revitalize the ailing Philippine mining industry by providing fiscal reforms
and incentives and maintaining the viable inventory of minerals to sustain the
industry
-10% share of all royalties and revenues to be derived by the government from
the development and utilization of the mineral resources within mineral
reservations shall accrue to the Mines and Geo-Sciences Bureau

21. AARHUS Convention on Access to Justice on Environmental Matters


-Regional convention and not an international agreement but it is adopted by
regions for them to have their own
-Provides for a multilateral environmental agreement
-Follows a Right-based Approach
3 Pillars of the Convention:
*Access to Information
*Public Participation in Decision-Making (obligatory)
*Access to Justice on Environmental Matters; access to reports and
involves review procedures to ascertain whether requirements are followed

22. Vesting Authority to Brgy. Captains to Enforce Pollution and


Environmental Laws (PD 1161)
Implementing Agency: DENR-EMB
-Deputizing the Brgy. Captain, Brgy. Councilman and Brgy. Zone Chairman as
Peace Officers who shall have authority to effect arrest of violators of the
national and local laws designed to prohibit the contamination of the soil, water,
etc.

24. Writ of Kalikasan


-Remedy available to a natural/juridical person for the violation of his right to a
balanced and healthful ecology
-Special Civil Action
Contents of the Writ of Kalikasan:
*personal circumstances of the petitioner
*name and personal circumstances of the respondent

23. Indigenous Peoples Rights Act of 1997 (RA 8371)


-Recognize and promote the rights of the ICC/IP within framework of national
unity and development
-Provides for the establishment of necessary mechanisms to enforce and
guarantee the realization of the rights, taking into consideration their customs,
traditions, values, beliefs, rights to their ancestral domain.
*Indigenous Cultural Communities/IP- group of people or homogenous
societies identified by self-ascription and ascription by other, who have
continuously lived as organized community on communally bounded and
defined territory and who have, under claims of ownership since time
immemorial, occupied, possessed, customs, tradition, and other distinctive traits
and became historically differentiated from the majority of the Filipinos.
RIGHTS of the ICC/IP to their Ancestral Domains:

*environmental law, rule or regulation violated


Where to file? SC or CA
Prohibited Pleadings:
*Motion to Dismiss
*Motion for extension of time to file return
*Motion for Postponement
*Motion for Bill of Particulars
*Counterclaim or cross-claim
*Third-Party Complaint

-Right of Ownership

*Reply

-Right to Develop Lands and Natural Resources

*Motion to declare respondent in default

-Right to Stay in Territories


-Right to Safe and Clean Air and Water
-Right to Self-governance and empowerment
-Right to maintain Cultural Integrity