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NATURAL RESOURCES AND ENVIRONMENTAL LAW

Prepared by:

CABUHAT, MILEAKIMKARLA
cabuhat.mileakimkarla@gmail.com

NATURAL RESOURCES AND ENVIRONMENTAL LAW


PRELIMS
I. THREE (3) CATEGORIES OF PHILIPPINE ENVIRONMENTAL LAW
1) Law which regulates the exploitation, development and utilization of natural resources
2) Law which regulates the protection, preservation and conservation of natural resources
involving flora and fauna
3) Law that deals with pollution and environmental management
II. CONSTITUTIONAL PROVISIONS
1) PREAMBLE
We the sovereign Filipino people imploring the aid of God Almighty, in
order to build just and humane society, and establish a government that shall embody our
ideals and aspirations, to promote common good, preserve and protect our patrimony, and
secure to ourselves and to our posterity the blessings of Independence and sovereignty, do
ordain and promulgate this Constitution.
2) ARTICLE I, NATIONAL TERRITORY -The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
3) ARTICLE II, DECLARATION OF PRINCIPLES AND STATE POLICIES (a) Section 15 - The
State shall protect and promote the right to health of the people and instill health consciousness
among them; and (b) Section 16 - The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.
4) ARTICLE XII, NATIONAL ECONOMY AND PATRIMONY
Section 2 - All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. With the exception of agricultural lands, all
other natural resources shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State. The State may
directly undertake such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the grant.
The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in
rivers, lakes, bays, and lagoons.
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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development and use of local scientific
and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.
*NOTE: REGALIAN DOCTRINE - the legal concept employed by the Spanish Crown in
claiming exclusive dominion over the Philippine archipelago upon conquest in 1521. Under this doctrine,
title to all lands became vested in the Crown, and private ownership was acquired only through royal
grants or decrees. This was continued during United States (US) colonization, the Philippine
Commonwealth period under the 1935 Constitution, and upon independence in the 1973 and 1987
Constitution
Section 3 - Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses which they may be devoted. Alienable lands of the public domain
shall be limited to agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to exceed one thousand hectares
in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire
not more than twelve hectares thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development, and subject to
the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of
the public domain which may be acquired, developed, held, or leased and the conditions
therefor.
*CLASSIFICATION OF PUBLIC LANDS
1. Agricultural Lands
-MODES OF DISPOSITION
For homestead settlement
By sale
By lease
By confirmation of imperfect or incomplete title
a. By judicial legalization
b. By administrative legalization or free patent
2. Forest or Timber Lands
3. National Parks
4. Mineral Lands
*PUBLIC LAND ACT - Classification, Delimitation, and Survey of Lands of the
Public Domain, for the Concession Thereof
SECTION 6. The President, upon the recommendation of the Secretary of Agriculture
and Commerce, shall from time to time classify the lands of the public domain into
(a)
(b)
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Alienable or disposable;
Timber, and

NATURAL RESOURCES AND ENVIRONMENTAL LAW

(c)

Mineral lands,

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and may at any time and in a like manner transfer such lands from one class to
another, for the purposes of their administration and disposition.
SECTION 9. For the purpose of their administration and disposition, the lands of the
public domain alienable or open to disposition shall be classified, according to the use
or purposes to which such lands are destined, as follows:
(a)
(b)
(c)
(d)

Agricultural
Residential commercial industrial or for similar productive purposes
Educational, charitable, or other similar purposes
Reservations for town sites and for public and quasi-public uses.

Section 4 - The Congress shall, as soon as possible, determine by law the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such period as it may determine
measures to prohibit logging in endangered forests and watershed areas.
Section 5 - The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.
III. CASES
1) OPOSA vs. FACTORAN
FACTS: This case is unique in that it is a taxpayers class suit brought by 44 children, through
their parents, claiming that they bring the case in the name of their generation as well as those
generations yet unborn. Aiming to stop deforestation, it was filed against the Secretary of the
Department of Environment and Natural Resources, seeking to have him cancel all the timber
license agreements (TLAs) in the country and to cease and desist from accepting and approving
more timber license agreements. The children invoked their right to a balanced and healthful
ecology and to protection by the State in its capacity as parens patriae. The petitioners claimed
that the DENR Secretary's refusal to cancel the TLAs and to stop issuing them was "contrary to
the highest law of humankind-- the natural law-- and violative of plaintiffs' right to selfpreservation and perpetuation." The case was dismissed in the lower court, invoking the law on
non-impairment of contracts, so it was brought to the Supreme Court on certiorari.
ISSUE/S: Did the children have the legal standing to file the case?
RULING: Yes. The Supreme Court in granting the petition ruled that the children had the legal
standing to file the case based on the concept of intergenerational responsibility. Their right
to a healthy environment carried with it an obligation to preserve that environment for the
succeeding generations. In this, the Court recognized legal standing to sue on behalf of future
generations. Also, the Court said, the law on non-impairment of contracts must give way to the
exercise of the police power of the state in the interest of public welfare.
2) CHAVEZ VS. PEA
FACTS: From the time of Marcos until Estrada, portions of Manila Bay were being reclaimed. A
law was passed creating the Public Estate Authority which was granted with the power to
transfer reclaimed lands. Now in this case, PEA entered into a Joint Venture Agreement with
AMARI, a private corporation. Under the Joint Venture Agreement between AMARI and PEA,
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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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several hectares of reclaimed lands comprising the Freedom Islands and several portions of
submerged areas of Manila Bay were going to be transferred to AMARI.
ISSUE: Whether or not the stipulations in the Amended JVA for the transfer to AMARI of lands,
reclaimed or to be reclaimed, violate the Constitution
RULING: YES!
Under the Public Land Act (CA 141, as amended), reclaimed lands are classified as alienable
and disposable lands of the public domain Section 3 of the Constitution: Alienable lands of the
public domain shall be limited to agricultural lands. Private corporations or associations may
not hold such alienable lands of the public domain except by lease. The 157.84 hectares of
reclaimed lands comprising the Freedom Islands, now covered by certificates of title in the
name of PEA, are alienable lands of the public domain. PEA may lease these lands to private
corporations but may not sell or transfer ownership of these lands to private corporations. PEA
may only sell these lands to Philippine citizens, subject to the ownership limitations in the 1987
Constitution and existing laws. Clearly, the Amended JVA violates glaringly Sections 2 and 3,
Article XII of the 1987 Constitution. Under Article 1409 of the Civil Code, contracts whose
object or purpose is contrary to law, or whose object is outside the commerce of men, are
inexistent and void from the beginning. The Court must perform its duty to defend and
uphold the Constitution, and therefore declares the Amended JVA null and void ab initio.
3) CRUZ VS. SEC OF ENVIRONMENT AND NATURAL RESOURCES
FACTS: Cruz, a noted constitutionalist, assailed the validity of the RA 8371 or the Indigenous
Peoples Rights Act on the ground that the law amount to an unlawful deprivation of the States
ownership over lands of the public domain as well as minerals and other natural resources
therein, in violation of the regalian doctrine embodied in Section 2, Article XII of the
Constitution. The IPRA law basically enumerates the rights of the indigenous peoples over
ancestral domains which may include natural resources. Cruz et al content that, by providing
for an all-encompassing definition of ancestral domains and ancestral lands which might
even include private lands found within said areas, Sections 3(a) and 3(b) of said law violate the
rights of private land owners.
ISSUE: Whether or not the IPRA law is unconstitutional.
HELD: The SC deliberated upon the matter. After deliberation they voted and reached a 7-7
vote. They deliberated again and the same result transpired. Since there was no majority vote,
Cruzs petition was dismissed and the IPRA law was sustained. Hence, ancestral domains may
include natural resources somehow against the regalian doctrine
Additionally, ancestral lands and ancestral domains are not part of the lands of the public
domain. They are private lands and belong to the ICCs/IPs by native title, which is a concept of
private land title that existed irrespective of any royal grant from the State. However, the right
of ownership and possession by the ICCs/IPs of their ancestral domains is a limited form of
ownership and does not include the right to alienate the same.
IV. STATUTORY LAWS/INTERNATIONAL COMMITMENTS WITH CORRESPONDING
CATEGORY
I.
REGULATES
THE
EXPLOITATION,
DEVELOPMENT
AND
UTILIZATION
OF
NATURAL RESOURCES
Revised Forestry Code

II.
REGULATES
THE
PROTECTION,
PRESERVATION
AND
CONSERVATION
OF
FLORA AND FAUNA
Philippine Fisheries Code

III.
POLLUTION
ENVIRONMENTAL
MANAGAMENT

Small Scale Mining Act

National Integrated Protected


Ares System Act

Establishing an Environment
Impact Statement System

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AND

Marine Pollution Decree

NATURAL RESOURCES AND ENVIRONMENTAL LAW

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Philippine Mining Act

Wildlife Conservation and


Protection Act

Philippine Clean Water Act

Water Code of the Philippines

National Caves and Caves


Resources

Philippine Clean Air Act

Coal Development Act

Ecological Solid Waste


Management Act

Petroleum Development Act


VI. CASES
1) LLDA vs CA
FACTS: The City Govt of Caloocan was maintaining an open dumpsite at the Camarin area.
LLDA said that the city Govt failed to secure ECC from EMB of DENR, as required under PD
1586 and clearance from LLDA as mandated in RA 4850. Hence, LLDA issued a CEASE AND
DESIST order to City Govt to stop the operation of the open dumpsite. The latter followed the
order but later on resumed their operation.
ISSUE: (1) WON LLDA has the authority to cater complaints against dumping of garbage on
the open dumpsite in Camarin (2) WON LLDA has the power to issue a cease and desist order
RULING: (1) YES, it is specifically mandated under RA 4850 (2) YES, pursuant to EO 927 s. of
1983, authorizes LLDA to make, alter or modify ORDER requiring the discontinuous or
pollution.
2) MEAD vs ARGEL
FACTS: Mead is the president and general manager of INSOIL. It was allegedly found out that
Mead and Isaac Arivas causing pollution of waterway due to discharges from the operation of
INSOIL. In view of this, Provincial Fiscal of Rizal charged them for violation of Section 9, in
relation to Section 10 of RA 3931.
ISSUE: WON the Provincial Fiscal has the legal personality to file the information
HELD: NO. The filing of information on the alleged pollution is under the exclusive authority
of National Water and Air Pollution Commission, created under Art. 3931. Hence, the filing of
information is premature and unauthorized.
*Pollution alteration of the physical, chemical and/or biological properties of any
water and/or atmospheric air of the Philippines, or any such discharge of any liquid, gaseous or
solid substance into any of the waters and/or atmospheric air of the country as will or is likely
to create or render such waters and/or atmospheric air harmful or detrimental or injurious to
public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational
or other legitimate uses, or to livestock, wild animals, birds, fish, or of her aquatic life.
3) TATEL VS. MUN. OF VIRAC
FACTS: Tatel owns a warehouse in barrio Sta. Elena, Mun. of Virac. Complaint was received by
the municipality concerning Public nuisance, disturbance caused by the operation of Abaca
bailing machine.
Committee was created to investigate the matter including the accidental fire inside the
warehouse that caused danger to neighborhoods lives and properties. After such, Resolution
No. 29 was passed declaring said warehouse as public nuisance.
ISSUE/S: (1) WON warehouse is a nuisance (2) WON Ordinance No. 13 S. of 1952 is
unconstitutional and void

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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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RULING: (1) Yes within the definition under Art. 694 of the Civil Code. (2) No. The resolution is
constitutional because it conforms to valid municipal ordinance, and the municipality of Virac
exercised valid police power.

MIDTERMS
I. REGULATION OF EXPLOITATION, UTILIZATION
AND DEVELOPMENT OF NATURAL RESOURCES
A. REVISED FORESTRY CODE
Multiple Land Use
- harmonized utilization of the numerous beneficial uses of the land, soil, water, wildlife,
recreation value and timber of forest lands.
- It is important to reassess the multiple uses of forest lands and resources to optimize the
maximum benefits (Watershed Reservation, Bird Sanctuary, and National Park etc.)
Classification of Forest Lands
1) PUBLIC FOREST mass of lands of the public domain which has not been the subject of
the present system of classification
2) PERMANENT FOREST/ FOREST RESERVES lands of the public domain which have
been the subject of the present system of classification & determined to be needed for
forest purposes
3) FOREST RESERVATION forest lands which have been reserved by the President of
the Philippines for any specific purpose
How the States regulate the utilization and disposition of forest resources? By means of
timber license, timber license agreement, permit and lease.
NOTE: The timber license is not a contract within the purview of due process clause. It is only a
license or privilege which can be validly withdrawn whenever dictated by public interest or
public welfare
LICENSE
Privilege granted by
the State to a person
to utilize forest
resources without any
rights of occupation
and possession

LICENSE
AGREEMENT
To utilize forest
resources with the
right of possession
and occupation

PERMIT

LEASE

Short-term privilege
or authority to utilize
any limited forest
resources or
undertake a limited
activity without right
of occupation and
possession

Privilege to occupy
and possess, in
consideration of a
specified rental, any
forest land of public
domain in order to
undertake any
authorized activity
therein

NOTE:
No land of the public domain 18% in slope or over shall be classified as alienable and
disposable, nor any forest land 50% in slope or over, as grazing land
Selective Logging: Systematic removal of the mature, over mature and defective trees in
such manner as to leave adequate and volume of healthy residual trees of the desired
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species necessary to assure a future crop of timber and forest cover for the protection &
conservation of soil and water
Forest lands cant be owned by private persons. Open, Continuous, Exclusive and
Notorious possession of such land does not ripen into registrable title or to private
ownership.
The fact that a forested area has been classified as a forest land does not lose such
classification simply because loggers or settlers had stripped it for its forest cover. The
classification is descriptive of its legal nature or status and does not have to be
descriptive of what the land actually like. (Heirs of Amunategui vs. Director of Forestry)
Forest lands do not have to be on mountains or in out of the way places. Swampy areas
covered by mangrove trees, nipa, palms & other trees growing in brackish or sea water
may also be classified forest land.
Not all forest land can be subject to TLA
Lumber - a processed log or processed forest raw material
(In Mustang vs. CA - The Revised Forestry Code contains no definition of
either timber or lumber. While the former is included in forest products as
defined in paragraph (q) of Section 3, the latter is found in paragraph (aa) of
the same section in the definition of Processing plant; which reads:
(aa) Processing plant is any mechanical set-up, machine or combination
of machine used for the processing of logs and other forest raw materials
into lumber, veneer, plywood, wallboard, block-board, paper board,
pulp, paper or other finished wood products.
This simply means that lumber is a processed log or processed forest raw
material. Clearly, the Code uses the term lumber in its ordinary or common
usage. In the 1993 copyright edition of Webster's Third New International
Dictionary, lumber is defined, inter alia, as timber or logs after being
prepared for the market. Simply put, lumber is a processed log or timber.)

B. PHILIPPINE FISHERIES CODE


Constitutional Provisions seek to protect marine resources and safeguard the rights of
small Filipino fishermen
(a) ARTICLE XII, Section 2 (par. 2 & 3)
The State shall protect the nations marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by
Filipino citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fish workers in rivers, lakes, bays, and lagoons.
(b) ARTICLE XIII, Section 7 (par. 2 & 3)
The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of local marine and fishing resources, both
inland and offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial, production, and
marketing assistance, and other services. The State shall also protect, develop, and
conserve such resources. The protection shall extend to offshore fishing grounds
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of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just


share from their labor in the utilization of marine and fishing resources.
Classification of Fishing (MUNICIPAL AND COMMERCIAL FISHING)

a) MUNICIPAL FISHING fishing within municipal waters using fishing vessel of 3 gross
tons or less or fishing not requiring the use of fishing vessels
Municipal Water includes:
(a) Streams, lakes, inland bodies of water & tidal waters within the municipality
(b) Marine waters included between 2 lines perpendicularly to the general coastline from
points where the boundary lines of the municipality or city touch the sea at low tide and a
third line parallel with the general coastline & 15 km from it
(c) Where 2 municipalities are so situated on the opposite shores that there is less than 15km
of marine waters between them, the 3rd line shall be equally distant from opposite shores of
the respective municipalities
NOTE:
The power of municipalities to grant fishery privilege can be found in Section 149 of
the RA 7160 or the Local Government Code of 1991
Sanggunian shall, by appropriate ordinance, penalize the use of explosives, noxious
or poisonous substances, electricity, muro-ami, and other deleterious methods of
fishing and prescribe a criminal penalty
The State regulates fishing activities through the following:
a) Requiring the registration of the fishing vessel
b) Requiring the fishing company to secure necessary permits to operate fishing
(Fishing Boat/Gear License, Fishing activities permit)
c) Setting limits in the amount of fishes to catch thru CATCH CEILING imposition
(Catch- ceiling - annual catch limits allowed to be taken, gathered or harvested from any
fishing area in consideration of the need to prevent overfishing and harmful depletion of
breeding stocks of aquatic organisms.)
d) Declaring certain areas as closed season (the period during which the taking of specified
fishery species by a specified fishing gear is prohibited in a specified area or areas in
Philippine waters)
e) Prohibiting the use of explosives, noxious or poisonous substances, electricity, muroami, and other deleterious methods of fishing
Application
a) Philippine water, within 200 nautical miles Exclusive Economic Zone, and
continental shelf
b) Aquatic and Fishery resources (fish pond, fish pens, cages)
c) All lands devoted to aquaculture or business and activities relating to fishery
whether private or public land
b) COMMERCIAL FISHING the taking of fishery species by passive or active gear for trade,
business or profit beyond subsistence or sports fishing, to be further classified as:
(1) Small scale commercial fishing - fishing with passive or active gear utilizing
fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;
(2) Medium scale commercial fishing - fishing utilizing active gears and vessels
of 20.1 GT up to one hundred fifty (150) GT; and
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(3) Large commercial fishing - fishing utilizing active gears and vessels of more
than one hundred fifty (150) GT.
General Provisions as per Fisheries Administrative Order No. 198 on Commercial
Fishing Vessel / Gear and the persons eligible to apply
Section 2. License to Operate a Commercial Fishing Vessel / Gear
a. License duly granted by the Bureau
Except: fishing vessel engaged in scientific, research or educational purposes
within Philippine waters pursuant to an international agreement of which the
Philippine is a signatory
b. the fishing gear that it will utilize in fishing shall be registered and the
corresponding license issued by this Bureau
Section 3. Persons eligible to Apply for CFVGL
a. Citizens of the Philippines; and
b. Corporations, partnerships, or associations and cooperatives duly registered in
the Philippines at least sixty percent (60%) of the capital stock of which is owned
by Filipino Citizens.
NOTE:
No person with license, shall transfer or assign directly or indirectly his stock or
indirectly his stock or interest to others
Fishing vessels owned by the citizens of the Philippines, partnership, corporation shall
secure Certificates of Philippine Registry
License is 3 years, renewable
Philippine Commercial Vessel to operate in the International Waters Requirements
(1) Secure international fishing permit and certificate of clearance from the Department,
BFAR
(2) Comply with the requirements of Philippine Coast Guard, MARINA and other
government instrumentalities concerned
Application of Taxes for Fishing by Philippine Commercial Fishing Fleet in International
Waters
That the fish caught by such vessels shall be considered as caught in Philippine waters and
therefore not subject to all import duties and taxes only when the same is landed in duly
designated fish landings and fish ports in the Philippines
That fishworkers on board Philippine registered fishing vessels conducting fishing activities
beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino
workers.
VIOLATIONS
a) Unauthorized fishing/ Unauthorized fishing activities (without license and
permit)
b) Poaching in the Philippine water
c) Fishing using explosives, noxious, or poisonous substance and/or electricity
d) Use of fine mesh net
e) Use of active gear in the municipal water, bay etc.
f) Muroami
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Aquaculture fishery operations involving all forms of raising and culturing fish and other
fishery species in fresh, brackish and marine water areas
Use of areas released for fishpond development - secure a permit, contract or lease
Permits, Contracts and Leases
(a) Gratuitous Permit - A Gratuitous Permit (GP) for portions of areas released for fishpond
development may be granted by the Secretary upon the recommendation of the Director to any
branch of government, academic, scientific or research institution, for scientific, research,
educational or experimental breeding purposes.
(b) Stewardship Contract - An Aquaculture Stewardship Contract (ASC) may be granted for
mangrove-friendly aquaculture by the Secretary upon the recommendation of the Director to
fisherfolk cooperative or association as well as MSME over areas released for fishpond
development.
(c) Lease Agreement - A Fishpond Lease Agreement (FLA) for fishpond operations may be
granted by the Secretary upon the recommendation of the Director to qualified applicants
over areas released for fishpond development that have already been developed into
fishponds.
The following persons may apply for FLA over developed public fishpond areas:
(a) Citizens of the Philippines who are at least twenty-one years of age;
(b) Corporations duly incorporated and registered under the laws of the Philippines at least
sixty per centum (60%) of the capital stock or interest of which belongs to citizens of the
Philippines.
Period of FLA- Twenty-five (25) years, renewable for another twenty-five years but not exceed
fifty (50) years
*transfers shall only be allowed within the fifty-year period
Surface right - lessee shall have no right to utilize or remove any timber or other forest
products, stones, or earth therefrom without authority from proper officials
NOTE: PRIORITY RIGHT IS GIVEN TO FILIPINO CITIZEN.
Reason: Aside from the Constitutional rights, it is the equitable distribution of opportunities,
income and wealth; expanding productivity as the key to raising the quality life for all,
especially the under privilege and protect small fisherfolk from unfair competition

PRIMARY MINING LAWS IN THE PHILIPPINES


(1) CA 137 MINING ACT (2) PHILIPPINE MINING ACT OF 1995 (3) PHILIPPINE SMALL SCALE MINING ACT
C. CA 137 MINING ACTS
Regalian Doctrine (Section 3) All mineral lands of the public domain and minerals belonging to the
State, and their disposition, exploitation, development, or utilization, shall be limited to citizens of the
Philippines, or to corporations, or associations, at least sixty per centum of the capital of which is owned

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by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration
of the Government established under the Constitution.
Classification of Mineral Lands
a) First group Metals or metalliferous ores.
b) Second group Precious stones.
c) Third group Fuels.
d) Fourth group Salines and mineral waters.
e) Fifth group Building stone in place, clays, fertilizers, and other nonmetals
D. PHILIPPINE MINING ACT OF 1995 (RA 7942)
New system of mineral resources exploration, development, utilization and processing of all
mineral resources
Surface Right of Private Land Owner The right to possess or own surface ground is
SEPARATE and DISTINCT from the mineral rights over the same
How does the State exercise full control over natural resources? MODES OF MINERAL
AGREEMENT
a) Direct Undertaking
b) Entering into production sharing agreement, co production agreement, joint venture
agreement
[60% owned by a Filipino citizen, corporation or association]
c) Entering into agreement with foreign owned corporation for financial & technical
assistance (FTAA) [100% foreign owned]

(1) MINERAL PRODUCTION SHARING (MPSA) agreement where the Government grants to
the contractor the exclusive right to conduct mining operations within a contract area and
shares in the gross output. The contractor shall provide the financing technology, management
and personnel necessary for the implementation of this agreement
(2) CO- PRODUCTION AGREEMENT agreement wherein the Government shall provide
inputs to the mining operations other than the mineral resource
(3) JOINT VENTURE AGREEMENT where joint venue company is organized by the
Government and the contractor with both properties having equity shares. Aside from earnings
in equity, the Government shall be entitled to a share in the gross output
(4) FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT (FTAA) Agreement between
Government and foreign owned corporation for purposes of financial and technical assistance
FTAA as Distinguished from SERVICE CONTRACT contractual arrangement allowing forest
products licensees, lessees, permittees to enter into service contracts for financial, technical,
management, or other forms of assistance, in consideration of a fee, with any foreign person or
entity for the exploration, development, exploitation, utilization of the forest resources, covered
by their license agreement, licenses, permits, lease.
NOTE: INTERPRETATION OF CONSITUTIONAL PROVISION REGARDING FTAA
Service contract is permitted with foreign corporations as contractors, but with safety
measures to prevent abuses. Reason: perceived insufficiency of Filipino capital and the
need for foreign expertise in the EDU of mineral resources
The agreements involving technical or financial assistance referred to in the
Constitution are in fact service contracts, but such service contracts are between foreign
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corporations acting as contractors and government acting as principal owner (of the
works),
foreign contractors provides capital, technology and technical knowhow, managerial
expertise in the creation and operation of the large scale mining/extractive enterprise,
and government through its agencies actively exercises full control (restrain, regulate
and govern) and supervision over the entire enterprise
Service Contracts may be entered into only with respect to minerals, petroleum and
other mineral oils.

Service contract may only be allowed:


1) Service Contracts be crafted in accordance with a general law setting standard or
uniform terms, conditions and requirements
2) President be signatory for the government
3) President report the executed agreement to Congress within 30 days
LA BUGAL BLAAN TRIBAL ASSOCIATION INC vs. RAMOS
FACTS: RA 7942 (The Philippine Mining Act) took effect on April 9, 1995. Before
the effectivity of RA 7942, the President signed a Financial and Technical
Assistance Agreement (FTAA) with WMCP, a corporation covering close to 100,000
hectares of land.
Petitioners prayed that RA 7942, its implementing rules, and the FTAA between
the government and WMCP be declared unconstitutional on ground that they
allow fully foreign owned corporations like WMCP to exploit, explore and develop
Philippine mineral resources in contravention of Article XII Section 2 paragraphs 2
and 4 of the Charter.
WMC - a publicly listed Australian mining and exploration company - sold its
whole stake in WMCP to Sagittarius Mines, 60% of which is owned by Filipinos
while 40% of which is owned by Indophil Resources, an Australian company.
DENR approved the transfer and registration of the FTAA in Sagittariusname but
Lepanto Consolidated assailed the same.

ISSUES:
1. Whether or not the Philippine Mining Act is unconstitutional for allowing fully
foreign-owned corporations to exploit the Philippine mineral resources.
HELD:
(FIRST DECISION, DECLARED UNCONSTITUTIONAL)
NO. Upon motion for reconsideration, the Supreme Court interpreted the relevant
regulations as well as the corresponding parts of the Constitution providing that
the President could enter into agreements with foreign-owned corporations for
large-scale exploration, development, and utilization of minerals, petroleum, and
other mineral oils. It examined the extent of control of the state in implementing
the said agreements. It emphasized that all mineral resources were owned by the
State. Their exploration, development and utilization always had to be subject to
the full control and supervision of the State. However, given the inadequacy of
Filipino capital and technology, the State could secure the help of foreign
companies in all relevant matters -- especially financial and technical assistance -provided that, at all times, the State maintained its right of full control. The
Constitution should not be used to strangulate economic growth. Rather, it should
be construed to grant the President and Congress sufficient discretion to enable
them to attract foreign investments and expertise, as well as to secure for Filipino

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people prosperity and peace. The regulations in question vested in the government
more than a sufficient degree of control and supervision over the conduct of
mining operations. This setup could not be regarded as disadvantageous to the
State or the Filipino people; it did not convey beneficial ownership of Filipino
mineral resources to foreign contractors. The Court upheld the constitutionality of
the Philippine Mining Law and its implementing rules and regulations - insofar as
they related to financial and technical agreements - as well as the Financial and
Technical Assistance Agreement in question.

E. SMALL-SCALE MINING ACT


Small-scale mining refers to any single unit mining operation having an annual production of
not more than 50,000 metric tons of ore and satisfying the following requisites
1. The working is artisanal, either open cast or shallow underground mining, without the use of
sophisticated mining equipment;
2. Minimal investment on infrastructures and processing plant;
3. Heavy reliance on manual labor; and
4. Owned, managed or controlled by an individual or entity qualified under existing mining
laws, rules and regulations.
Purpose of Small Scale Mining Act
1. To generate more employment opportunities within communities
2. To provide an equitable sharing of the nation's wealth and natural resources
Areas Closed to Mining
a) Areas expressly enumerated under Section 19, of RA 7942
b) Protected Areas under RA No. 7586 the National Integrated Protected Areas System
c) Prime agricultural lands
d) Tourism development areas
e) Other critical areas, island ecosystems and impact areas of mining
Rights Under a People's Small-scale Mining Contract A people's small-scale mining contract
entitles the small-scale mining contractor to the right to mine, extract and dispose of mineral
ores for commercial purposes. In no case shall a small-scale mining contract be subcontracted,
assigned or otherwise transferred
NOTE: No ancestral land may be declared as a peoples small scale mining area without the
prior consent of the cultural communities concerned

EXPLOITATION OF PETROLEUM, COAL AND ENERGY RESOURCES


(1) PETROLEUM ACT OF 1949 (2) COAL DEVELOPMENT ACT OF 1976
F. PETROLEUM ACT OF 1949
Petroleum include any mineral oil, hydrocarbon gas, bitumen, asphalt, mineral wax and all
other similar or naturally associated substances
KINDS OF CONCESSIONS
a) Non Exclusive Exploration Permit grants to the permittee the non- exclusive right to
conduct geological or geophysical exploration on specified areas
- Preparatory to making application for exclusive Exploration concession
-TERM: 2 years, renewable for another 2 years
b) Exploration Concession grants to the concessionaire the exclusive right to explore for
petroleum within specified area
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c)

d)

e)
f)

- all work that have for their object the discovery of petroleum, including, but not
restricted to surveying and mapping, aerial photography, surface geology, geophysical
investigations, testing of subsurface conditions by means of drilling and any other same
manner
-TERM: 4 years, extension of another 3 years, but should not exceed 10 years from the
date of issuance
Exploitation Concession grants to the concession the exclusive right to explore for
petroleum within specified areas
- drilling or operating wells, providing and operating pumping and storage facilities and
other facilities useful for the purpose of making petroleum available for sale,
manufacture or refining within or for shipment from such area
TERM: 25 years, renewable before expiration for another 25 years
Refining Concession grants to the concessionaire the right to manufacture or refine
petroleum or to exact its derivatives
- processing or treating of petroleum by chemical or physical means for the purpose of
making or separating marketable products
25 years, renewable before expiration for another 25 years
Pipeline Concession grants to the concessionaire the right to provide and operate pipe
line systems or transporting petroleum
25 years, renewable before expiration for another 25 years
- non exclusive right to transport petroleum, by means of a pipelines, between sources of
production and/or refining and the places defined in the Pipeline Concession
- includes the construction and operation of pie lines, pumping or compressing stations,
storage tanks and gas tanks, power plants, shops, storehouse and other buildings, water
supply and communications systems, roads and other equipment facilities
- COMMON CARRIER

QUALIFICATIONS OF APPLICANT FOR CONCESSIONS


a) Individual citizen of the Philippines, legal age and have the capacity to contract
b) Partnership or Corporation at least 60% of the capital held by citizens of the
Philippines
G. COAL DEVELOPMENT ACT OF 1976
- Provide a viable energy source
Coal Operating Contract an agreement whereby service, technology and financing are
furnished by operator for which it shall be entitled to the stipulated fee and reimbursement of
operating expenses
Incentives to Operators
1) Tax Exemptions (except income tax)
2) Tariff duties and compensating tax on importation of equipments and parts exemption
H. WATER CODE OF THE PHILIPPINES
-Governing the ownership, appropriation, utilization, exploitation, development, conservation
and protection of water resources
- Waters under and above the grounds, waters in the atmosphere and the waters of the sea
within the territorial jurisdiction of the Philippines
Waters Appropriation
a) Domestic drinking, washing, bathing, cooking or other household needs
b) Municipal supplying water requirements for community
c) Irrigation - utilization of water for producing agricultural crops
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d)
e)
f)
g)
h)
i)

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Power Generation for producing electrical or mechanical power


Fisheries for the propagation and culture of fish as commercial enterprise
Livestock raising for large herds or flocks of animals raised as a commercial enterprise
Industrial - for factories, industrial plants and mines
Recreational for swimming pools, bath houses, boating, water skiing, golf courses
Other purposes

Underlying Principles of the Water Code of the Philippines


1. All waters belong to the State;
2. All waters that belong to the State cannot be subject to acquisitive prescription;
3. The State may allow the use or development of waters by administrative concession;
4. The utilization, exploitation, development, conservation and protection of water resources
shall be subject to the control and regulation of the government through the Natural Water
Resources Council;
5. Preference in the use and development of waters shall consider current usages and be
responsive to the changing needs of the country
Qualification of Applicants for Permit/Authority
a) Citizens of the Philippines;
b) Associations, duly registered cooperatives or corporations organized under the laws of the
Philippines, at least 60 percent of the capital of which is owned by the citizens of the
Philippines;
c) Government entities and instrumentalities, including government owned and controlled
corporations
Some Easements Relating to Waters
Lower estates are obliged to receive the waters which naturally and without the intervention of
man descend from the higher estates, as well as the stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this easement; neither
can the owner of the higher estate make works which will increase the burden.
The easement of aqueduct does not prevent the owner of the servient estate from closing or
fencing it, or from building over the aqueduct in such manner as not to cause the latter any
damage, or render necessary repairs and cleanings impossible.
For legal purposes, the easement of aqueduct shall be considered as continuous and apparent,
even though the flow of the water may not be continuous, or its use depends upon the needs of
the dominant estate, or upon a schedule of alternate days or hours.
I. WILD LIFE RESOURCES CONSERVATION AND PROTECTION ACT
(a) To conserve and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity;
(b) To regulate the collection and trade of wildlife;
(c) To pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
(d) To initiate or support scientific studies on the conservation of biological diversity
GENERALLY it is unlawful for any person to willfully and knowingly exploit wildlife
resources and their habitats, but under this ACT the following are allowed:
a) Collection of Wildlife appropriate and acceptable wildlife collection techniques with
least or no detrimental effects to the existing wildlife populations and their habitats
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Collection of wildlife by indigenous people may be allowed for traditional use


and not primarily for trade BUT shall not cover threatened species

b) Possession of Wildlife- No allowed possession of wildlife by private person or entity


with financial and technical capability and facility to maintain said wildlife
c) Collection and/or Possession of By-Products and Derivatives the source was not
obtained in violation of this Act
d) Local Transport of Wildlife, By-Products and Derivatives - Local transport of wildlife,
by-products and derivatives collected or possessed through any other means shall be
authorized (should not be prejudicial to the wildlife and public health)
e) Exportation and/or Importation of Wildlife - may be exported to or imported from
another country as may be authorized by the Secretary or the designated representative.
f) -The recipient of the wildlife is technically and financially capable to maintain it
g) Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife allowed only for population enhancement of recovery purposes subject to prior
clearance from the Secretary
- Any proposed introduction shall be subject to a scientific study which shall focus
on the bioecology
h) Introduction of Exotic Wildlife - No exotic species shall be introduced into the country,
unless a clearance is first obtained.
i) Bioprospecting - allowed upon execution of an undertaking by any proponent
j) Scientific Researches on Wildlife Collection and utilization of biological resources for
scientific research and not for commercial purposes shall be allowed upon execution of
an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or
the authorized representative:
k) Biosafety - All activities dealing on genetic engineering and pathogenic organisms in the
Philippines, as well as activities requiring the importation, introduction, field release
and breeding of organisms that are potentially harmful to man and the environment
shall be reviewed in accordance with the biosafety guidelines ensuring public welfare
and the protection and conservation of wildlife and their habitats
Commercial Breeding or Propagation of Wildlife Resources - securing wildlife farm culture
permit
(1) Wildlife farm or culture permits - 3 to 5 years;
(2) Wildlife collector's permit - 1 to 3 years;
(3) Gratuitous permit - 1 year;
(4) Local transport permit - 1 to 3 months; and
(5) Export/Import/Reexport permits - 1 to 6 months
J. NATIONAL INTERGRATED PROTECTED AREA SYSTEM ACT (NIPAS)
- the classification and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions to the
greatest extent possible
- Due to impact of mans activities, effect of increasing population, resource exploitation and
industrial advancement it is important to protect and maintain the natural biological and
physical diversities of the environment on areas with biologically unique features to sustain
human life and development, as well as plant and animal life.

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- The purpose of NIPAS is to secure for the Filipino people of present and future generations the
perpetual existence of all native plants and animals.
Categories of Protected Areas
a) Strict nature reserve - area possessing some outstanding ecosystem, features and/or
species of flora and fauna of national scientific importance maintained to protect nature
and maintain processes in an undisturbed state in order to have ecologically
representative examples of the natural environment available for scientific study,
environmental monitoring, education, and for the maintenance of genetic resources in a
dynamic and evolutionary state (Calauit Safari Park, Palawan)
b) Natural Park - relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding and
scenic areas of national or international significance for scientific, educational and
recreational use (Angat River, Binahaan River, marcos Highway)
c) Natural monument - relatively small area focused on protection of small features to
protect or preserve nationally significant natural features on account of their special
interest or unique characteristics (Ex: Chocolate Hills)
d) Wildlife sanctuary - area which assures the natural conditions necessary to protect
nationally significant species, groups of species, biotic communities or physical features
of the environment where these may require specific human manipulation for the
perpetuation (Taal Volcano, Quirino, Jose Rizal Memorial)
e) Protected landscapes and seascapes - areas of national significance which are
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through recreation and tourism within the normal
lifestyle and economic activity of these areas (Batanes, Siargao Island, Panglao Island)
f) Resource reserve - extensive and relatively isolated and uninhabited area normally with
difficult access designated as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect the resource pending the
establishment of objectives which are based upon appropriate knowledge and planning
g) Natural biotic areas - area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace (Basilan)
h) Marine reserves (Palaui Island Cagayan, Masinloc Zambales)
i) Forest reserves, Wilderness Areas (Bantayan Island, Dampalit Island)
j) Managed Resource Protected Areas (El Nido Managed Resource Protected Area)
k) Mineral Reserves (Cagayan, Nueva Vizcaya)
NOTE:
- Protected Area - identified portions of land and water set aside by reason of their unique
physical and biological significance, managed to enhance biological diversity and protected
against destructive human exploitation;
- Buffer zones - identified areas outside the boundaries of and immediately adjacent to
designated protected areas that need special development control in order to avoid or minimize
harm to the protected area
- All areas or islands in the Philippines proclaimed, designated or set aside, classified, pursuant
to a law, presidential decree, presidential proclamation or executive order as protected areas
before the effectivity of NIPAS are designated as initial components of the System.
Types of Uses/Services Provided
-- Protected areas may provide any of the following permitted uses or services:
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1. Maintenance of biodiversity and environmental services


2. Scientific research/educational activities/environmental monitoring
3. Protection of cultural, historical, or archaeological heritage; scenic beauty
4. Resource utilization/extraction
5. Tourism and recreation
6. Maintenance of indigenous use or habitation
7. Multiple use/open options
8. Contribution to rural development
9. Others

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K. National Cave and Cave Resources Management and Protection Act


- To conserve, protect and manage caves and cave resources as part of the countrys natural
wealth
- ecotourism, scientific, educational, habitat of species
There are 3 classification of caves:
1. Class I caves with delicate and fragile geological formations, threatened species,
archeological and paleontological values and extremely hazardous conditions.
There are 21 newly classified caves under Class I, including the Masi Cave in Adams, Ilocos
Norte, the Pagulayan Cave within the Peablanca Protected Landscape in Cagayan, and the
Santol Cave in the Island Garden City of Samal in Davao del Norte.
Allowable activities: mapping, photography, educational and scientific purposes
Closed to: ecotourism activities
2. Class II caves with areas or portions which have hazardous conditions and contain
sensitive geological, archeological, cultural, historical, and biological values or high quality
ecosystem.
It may be necessary to close these caves seasonally or permanently; otherwise, they may be
open only to experienced cagers or guided educational tours or visits. There are 154 newly
classified caves under Class II, including the famous Sohoton Cave in Samar.
3. Class III caves with no known threatened species and archeological, geological, natural
history, cultural, and historical values. They may also be used when appropriate for economic
purposes such as extraction of guano (bat waste) and collection of edible bird nests.
Prohibited Acts
(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the
speleogem or speleothem of any cave or altering the free movement of any animal or plant life
into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for
sale without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other person to violate any provisions of
this Section.

FINALS
L. ESTABLISHING AN ENVIRONMENTAL IMPACT SYSTEM (PD 1586)
DEFINITION:

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It is a process that involves evaluating and predicting the likely impacts of a project (including cumulative
impacts) on the environment during construction, commissioning, operation and abandonment. It also includes
designing appropriate preventive, mitigating and enhancement measures addressing these consequences to
protect the environment and the communitys welfare. The process is undertaken by, among others, the project
proponent and/or EIA Consultant, EMB, a Review Committee, affected communities and other stakeholders.
Principle of Sustainable Development - rational and orderly balance between economic growth and environmental
protection
OBJECTIVES:
(1) Assure the availability and sustainability of the country's natural resources through judicious use and
systematic restoration or replacement, whenever possible;
(2) Increase the productivity of natural resources in order to meet the demands for forest, mineral, and land
resources of a growing population;
(3) Enhance the contribution of natural resources for achieving national economic and social development;
(4) Promote equitable access to natural resources by the different sectors of the population;
(5) Conserve specific terrestrial and marine areas representative of the Philippine natural and cultural
heritage for present and future generations. EMB is responsible for the issuance of decision making
documents such as Environmental Compliance Certificate (ECC) and Certificate of Non-Coverage (CNC)
for PEISS. For the programs and projects in CAAMs, EMB Regional Offices in respective regions are
primary responsible for the consultation and supervision of development projects.
SCOPE:
a) In general, only projects that pose potential significant impact to the environment shall be required to
secure ECCs. In coordination with the Department of Trade and Industry (DTI) and other concerned
government agencies, the EMB is authorized to update or make appropriate revisions to the technical
guidelines for EIS System implementation.
b) The issuance of ECC or CNC for a project under the EIS System does not exempt the proponent from
securing other government permits and clearances as required by other laws.
In determining the scope of the EIS System, two factors are considered:
(i) The nature of the project and its potential to cause significant negative environmental impacts, and
(ii) The sensitivity or vulnerability of environmental resources in the project area.
ECC v. CNC
Environmental Compliance Certificate (ECC) document issued by the DENR/EMB after a positive review of
an ECC application, certifying that based on the representations of the proponent, the proposed project or
undertaking will not cause significant negative environmental impact.
Certificate of Non-Coverage (CNC) a certification issued by the EMB certifying that, based on the submitted
project description, the project is not covered by the EIS System and is not required to secure an ECC.
NOTE: It should be noted however, that the issuance of an ECC does not preclude a project proponent from
securing related permits, such as sanitary, conversion, water, and building permits, from concerned government
agencies under other existing laws, rules and regulations.
ECA v. ECP
Environmentally Critical Area (ECA) - area delineated as environmentally sensitive such that significant
environmental impacts are expected if certain types of proposed projects or programs are located, developed or
implemented in it.
Environmentally Critical Project (ECP) - project or program that has high potential for significant negative
environmental impact.
EIS v. IEE
Environmental Impact Statement (EIS) - document, prepared and submitted by the project proponent and/or
EIA Consultant that serves as an application for an ECC

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Initial Environmental Examination (IEE) Report document similar to an EIS, but with reduced details and
depth of assessment and discussion
I. ECPs in ECA or NECA: EIS ECC
II. NECA in ECA: IEE ECC
III. NECPs in NECA: CNC
ENVIRONMENTALLY CRITICAL PROJECTS
1)
Heavy Industries
2)
Resource Extractive Industries
3)
Infrastructure Projects
ENVIRONMENTALLY CRITICAL AREAS
1. NIPAS
2. Aesthetic potential tourist spots;
3. Habitat for any endangered or threatened species
4. Historic, archaeological, or scientific interests;
5. Occupied by cultural communities or tribes;
6. Frequently visited and/or hard-hit by natural calamities
7. Critical slopes areas;
8. Prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies
11. Mangrove areas
12. Coral reefs
CRITERIA FOR DETERMINING PROJECTS OR UNDERTAKINGS TO EB COVERED BY THE EIS SYSTEM

a.

Characteristics of the project or undertaking


Size of the project
Cumulative nature of impacts vis--vis other projects
Use of natural resources
Generation of waste and environment-related nuisance
Environment-related hazards and risk of accidents

b. Location of the Project

c.

Vulnerability of the project area to disturbances due to its ecological importance, endangered
or protected status
Conformity of the proposed project to existing land use, based on approved zoning or on
national laws and regulations
Relative abundance, quality and regenerative capacity of natural resources in the area,
including the impact absorptive capacity of the environment

Nature of the potential impact


Geographic extent of the impact and size of affected population
Magnitude and complexity of the impact
Likelihood, duration, frequency, and reversibility of the impact

CATEGORIES OF PROJECTS/UNDERTAKINGS UNDER THE EIS SYSTEM:


a) Category A. Environmentally Critical Projects (ECPs) with significant potential
to cause negative environmental impacts
b) Category B. Projects that are not categorized as ECPs, but which may cause
negative environmental impacts because they are located in Environmentally
Critical Areas (ECA's)
c) Category C. Projects intended to directly enhance environmental quality or
address existing environmental problems not falling under Category A or B.
d) Category D. Projects unlikely to cause adverse environmental impacts.

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Projects under Category A and B are required to secure ECC. For co-located projects, the proponent
has the option to secure a Programmatic ECC. For ecozones, ECC application may be
programmatic based on submission of a programmatic EIS, or locator-specific based on submission
of project EIS by each locator.
Projects under Category C are required submit Project Description.

Projects classified under Category D may secure a CNC. The EMB-DENR, however, may require
such projects or undertakings to provide additional environmental safeguards as it may deem
necessary.

Projects/undertakings introducing new technologies or construction technique but which may


cause significant negative environmental impacts shall be required to submit a Project Description
which will be used as basis by EMB for screening the project and determining its category.

NOTE:
The outcome of the EIA Process within the system administered by the DENR is the issuance of decision
documents. Decision documents may either be an ECC, CNC or a Denial Letter.
The decisions on applications shall be made within prescribed timelines within the control of DENR,
otherwise, the application shall be deemed automatically approved, with the issuance of the approval
document within five (5) working days from the time the prescribed period lapsed.
Once a project is implemented, the ECC remains valid and active for the lifetime of the project
The ECC automatically expires if a project has not been implemented within five (5) years from ECC
issuance, or if the ECC was not requested for extension within three (3) months from the expiration of its
validity.
DECIDING AUTHORITY
EMB Regional Office Director
EMB Central Office Director
DENR Secretary

APPEAL
EMB Central Office Director
DENR Secretary
Office of the President

FINES, PENALTIES AND SANCTIONS

The EMB Central Office or Regional Office Directors shall impose penalties upon persons or
entities found violating provisions of P.D. 1586, and its Implementing Rules and Regulations.
Details of the Fines and Penalty Structure shall be covered by a separate order.

The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO) based on violations
under the Philippine EIS System to prevent grave or irreparable damage to the environment.
Such CDO shall be effective immediately. An appeal or any motion seeking to lift the CDO shall
not stay its effectivity. However, the DENR shall act on such appeal or motion within ten (10)
working days from filing.

The EMB may publish the identities of firms that are in violation of the EIA Law and its
Implementing Rules and Regulations despite repeated Notices of Violation and/or Cease and
Desist Orders.

IS ECC A PERMIT OR LICENSE?


No. ECC is not a permit. A license has been defined as a governmental permission to perform a
particular act (such as getting married), conduct a particular business or occupation, operate machinery
or vehicles after proving capacity and ability to do so safely, or use property for a certain purpose.
While a permit has been defined as a license or other document given by an authorized public official
or agency (building inspector, department of motor vehicles) to allow a person or business to perform
certain acts

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ECC is not a permit and should not be interpreted as such but rather a set of conditions which will have
to be complied with by the Project before implementing the said project, hence, not a permit.
WHY DO I NEED TO KNOW WON ECC IS A PERMIT?
In IPRA Law, it is necessary to secure a Certificate of Non- Overlap (CNO) from NCIP before any license
will be granted from any government agency. Since ECC is not a license, therefore, there is no need to
secure certification before the actual granting of ECC.
ASIDE FROM DENR, MAY LGU ISSUE ECC OR CNC?
No. PD 1586 provides that ECCs are issued only by the President of the Philippines or his duly
authorized representative, which is DENR (DENR Secretary as Alter Ego of the President). A delegated
authority cannot be re-delegated.
Thus, administrators of declared area management authorities and economic zones/industrial parks as
well as LGUs do not have the authority to issue ECC/CNC under P.D. 1586 unless otherwise expressly
delegated by the President of the Philippines
IDENTIFY IF ISSUANCE OF THE FOLLOWING ARE MINISTERIAL DUTY:
1) CNC Yes. Issuance of CNC is a ministerial duty upon application of the proponent.
2) ECC NO. Issuance of ECC is NOT a ministerial duty
IT IS IMPORTANT TO KNOW THE NATURE OF ECC/CNC WHETHER IT IS A MINISTERIAL DUTY
BECAUSE IT IS ONE OF THE ELEMENT OF THE JUDICIAL WRIT OF MANDAMUS, TO WIT:
1. Petitioner must show a clear legal right to the act demanded;
2. Respondent must have a duty to perform the act mandated by law;
3. Respondent unlawfully neglects the performance of the duty enjoined by law;
4. The act to be performed is ministerial and not discretionary; and
5. There is no other plain, speedy and adequate remedy in the ordinary course of law.
To tell whether the act may be compelled by Mandamus, the duty must be first ministerial. A duty is
ministerial if it is the official duty of a public officer required by direct and positive command of the law
wherein the officer has no room for the exercise of discretion
PROHIBITED ACTS:
a) Violation of standards for stationary sources
a. for actual exceedance of air quality standards or limitation
b) Any order, rule or regulation issued by the DENR with respect to such standard or limitation

M. PHILIPPINE CLEAN WATER ACT (RA 9275)


OBJECTIVES:
Clean Water Act of 2004 aims to protect the countrys water bodies from pollution. It provides for a
comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and
participatory approach involving stakeholders.
SCOPE/COVERAGE:
It covers ALL types of bodies of water
All owners or operators of facilities that discharge wastewater are required to get a permit to
discharge from the DENR or LLDA
Anyone discharging wastewater into a water body shall have to pay a wastewater charge.
IMPORTANT TERMS:
BENEFICIAL USE use of the environment or any element/segment thereof conducive to public or
private welfare, safety and health; and shall include, but not limited to the use of water for domestic,
municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other
purpose.

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CONTAMINATION means the introduction of substances not found in the natural composition of
water that make the water less desirable or unfit for intended use.
DISCHARGE the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping
of any material into a water body or onto land from which it might flow or drain into said water.
EFFLUENT - means discharge from known sources which is passed into a body of water or land, or
wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and
recreational facilities.
***REMEMBER: EFFLUENT STANDARDS
HAZARDOUS WASTE - means any waste or combination of wastes of solid liquid, contained gaseous,
or semi-solid form which cause, of contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence
and degradability in nature, its potential for accumulation or concentration in tissue, and other factors
that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or
organism.
POLLUTANT - shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly
or indirectly:
a. alters the quality of any segment of the receiving water body to affect or tend to affect adversely any
beneficial use thereof;
b. is hazardous or potential hazardous to health;
c. imparts objectionable odor, temperature change, or physical, chemical or biological change to any
segment of the water body; or
d. is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of
the condition, limitation or restriction prescribed in this Act.
TREATMENT - means any method, technique, or process designed to alter the physical, chemical or
biological and radiological character or composition of any waste or wastewater to reduce or prevent
pollution
WASTE - means any material either solid, liquid, semisolid, contained gas or other forms resulting
industrial, commercial, mining or agricultural operations, or from community and household activities
that is devoid of usage and discarded
WATER POLLUTION - means any alteration of the physical, chemical, biological, or radiological
properties of a water body resulting in the impairment of its purity or quality
N. PHILIPPINE AIR WATER ACT (RA 9275)
Philippine Clean Air Act of 1999 outlines the government's measures to reduce air pollution and
incorporate environmental protection into its development plans
IMPORTANT TERMS:
AIR POLLUTANT any matter found in the atmosphere other than the inert gases in their natural or
normal concentrations that is detrimental to health or environment
AIR POLLUTION any alteration of the physical, chemical and biological properties of the atmospheric
air, or any discharge that will likely to create or render the air resources harmful, detrimental or injurious
to public health
AMBIENT AIR the general amount of pollution presents in a broad area; and refers to the
atmospheres average purity as distinguished from discharge measurements taken at the source of
pollution.
INCINERATION process of burning of municipal bio-medical and hazardous wastes, which emits
poisonous and toxic fumes.

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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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However, prohibition on incineration does not apply to sanitation siga, traditional, agricultural, health
and food preparation and crematoria. (Atty. USec: Jurisprudence held that incineration is not at all
prohibited, provided that it meets the standard)
PROHIBITED ACTS (IN GENERAL)
a)
b)
c)
d)
e)

Discharging or depositing materials that could pollute any water body


Discharging regulated pollutants without valid discharge permit
Undertaking activities in violation of P.D. 1586
Transport or discharge of prohibited chemicals under R.A. 6969
Transport or dumping of solid wastes under R.A. 9003

REGULATION OF VEHICLES AND ENGINES


Any imported new or locally-assembled motor vehicle shall not be registered unless it complies with the
emission standards set, as evidenced by Certificate of Conformity (COC).
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission
testing requirement
PROHIBITION ON SMOKING
Section 10 of Clean Air Act: Smoking inside a public building or an enclosed public place, including
public vehicles and other means of transport, or in any other enclosed area outside ones private
residence, private place of work or any duly designated smoking area is prohibited. (To be implemented
by LGUs)
PROHIBITION ON OZONE DEPLETING SUBSTANCES (MONTREAL PROTOCOL)
Section 30 of Clean Air Act: The Department shall phase-out ozone-depleting substances.
ABATEMENT OF PRIVATE NUISANCE
Section 694 of NCC provides that nuisance is any act, omission, establishment, condition of property or
anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street or any body of
water; or
(5) Hinders or impairs the use of property.
CITIZEN SUIT
Any citizen may file an appropriate civil, criminal or administrative action in the proper court against:
1. Any person who violates or fails to comply with the provision of the Clean Air Act
2. The Department or other implementing agencies with respect to orders, rules and regulations issued
inconsistent with Clean Air Act.
3. Any public officer who willfully or grossly neglects the performance of an act.
SUITS AND STRATEGIC LEGAL ACTIONS AGAINST PUBLIC PARTICIPATION (SLAPP)
Where a suit is brought against a person who filed an action as provided in Section 41 (Citizen suit)
against any person, institution or government agency that implements a law complained about, it shall be
the duty of the investigating prosecutor or the court, as the case may be, to immediately determine within
30 days, whether the said legal action has been filed to harass, vex, exert undue pressure or stifle such
legal recourses of the person complaining.

Gross violation against clean air act shall mean:

a. three (3) or more specific offenses within a period of (1) year


b. three (3) or more specific offenses within three (3) consecutive years;

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c. blatant disregard of the orders of the PAB, such as but not limited to the breaking of seal, padlocks and
other similar devices, or operating despite the existence of an order for closure, discontinuance or
cessation of operation; and
d. irreparable or grave damage to the environment as a consequence of any violation or omission of the
provisions of this Act.
NOTE:
According to USec Leones: Application of Exhaustion of Administrative Remedies
PD 1586: EAR shall apply
Clean Water Act/Clean Air Act: EAR does not apply, since jurisdiction on the matter is vested on
a quasi-judicial body.
Will mandamus prosper to compel PUVs to used natural gas as alternative fuel?
NO. Mandamus will not prosper to compel PUVs to use natural gas as alternative fuel in the
absence of specific law on the matter. The legislature should provide first the specific statutory remedy to
the complex environmental problems before any judicial recourse by mandamus is taken
AC Enterprises, Inc. v. Frabelle Properties Corporation:
PAB has no jurisdiction on the resolution of the issue before RTC, WoN the noise complained about is an
actionable nuisance, since it does not require any technical expertise and experience of PAB or LGU
requiring determination of intricate matters of facts.
O. RA 9003: Ecological Solid Waste Management Act
Ecological Solid Waste Management Act of 2000 refers to the systematic administration of activities
which provide for segregation at source, segregated transportation, storage, transfer, processing,
treatment, and disposal of solid waste and all other waste management activities which do not harm the
environment.
National Solid Waste Management Commission (NSWMC) shall implement the Ecological Solid Waste
Management Act which shall be composed of 14 government agencies and 3 members from private
sector.
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 humuslike product;
LEACHATE - shall refer to the liquid produced when waste undergo decomposition, and when water
percolate through solid waste undergoing decomposition. It is contaminated liquid that contains
dissolved and suspended materials;
MATERIALS RECOVERY FACILITY (MRF) - includes a solid waste transfer station or sorting station,
drop-off center, a composting facility, and a recycling facility;
SOLID WASTE MANAGEMENT FACILITY - shall refer to any resource recovery system or component
thereof; any system, program, or facility for resource conservation; any facility for the collection, source
separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste;
MUNICIPAL WASTE - shall refer to wastes produced from activities within local government units
which include a combination of domestic, commercial, institutional and industrial wastes and street
litters;
SOLID WASTE - shall refer to all discarded household, commercial waste, non-hazardous institutional
and industrial waste, street sweepings, construction debris, agricultural waste, and other nonhazardous/
non-toxic solid waste.
SOLID WASTE MANAGEMENT PROCEDURE
a) Segregation of wastes shall begin in the household, institutional, industrial, commercial and
agricultural sources, which shall be segregated into compostable, non-recyclable,
recyclable or special type of waste.

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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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b) Collection of wastes shall be undertaken by the LGU. Solid wastes shall be brought to Materials
Recovery Facility (MRF), in which solid wastes shall be further sorted. Residual wastes shall be
sent to landfill, while hazardous wastes shall be sent to treatment facility.
SALIENT FEATURES:
Prohibition on the Use of Non-Environmentally Acceptable Packaging - No person owning, operating
or conducting a commercial establishment in the country shall sell or convey at retail or possess with the
intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging
which is not environmentally acceptable packaging.
Prohibition Against the Use of Open Dumps for Solid Waste No open dumps shall be established and
operated, nor any practiceor disposal of solid waste by any person, including LGUs, which constitutes
the use of open dumps for solid wastes, be allowed (Atty Usec: There should be no open dumpsite by
2016)
Prohibition on (A) Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; (B) Open
burning of solid wastes, et. al.

P. POLLUTION ADJUDICATION BOARD


The Pollution Adjudication Board (the PAB) is a quasi-judicial body created under Section 19 of Executive
Order 192 for the adjudication of pollution cases.
The Board assumes the powers and functions of the Commission/Commissioners of the National
Pollution Control Commission with respect to the adjudication of pollution cases under Republic Act
3931 and Presidential Decree 984.
The PAB is organizationally under the supervision of the Office of the Secretary of the Department of
Environment and Natural Resources (the DENR), the Environmental Management Bureau (EMB)
provides the Secretariat support.
ORGANIZATIONAL PLACEMENT CO-EQUAL W/ RTC
Sec.7 (d) of PD 984 Execution of decision: Any decision or order of the Commission, after the same has
become final and xecutor, shall be enforced and executed in the same manner as decisions of Courts
of First Instance,
Composed of the following:
Chairman:
DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director
3 others to be designated by the Secretary
JURISDICTION:
(1) Make, alter or modify orders requiring the discontinuance of pollution;
(2) Issue, renew, or deny permits for the prevention and abatement of pollution, for the discharge of
sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal
system; and
(3) Exercise such powers and perform such other functions necessary to carry out their duties and
responsibilities.

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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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cabuhat.mileakimkarla@gmail.com

EXPANDED JURISDICTION OF THE PAB:


Philippine Clean Air Act of 1999 (R.A. 8749) Exceedance of air emission; Imposition of Fines; Operating
without permit to operate air pollution source installations
Philippine Clean Water Act of 2004 (R.A. 9275) Exceedance of the effluent; Imposition of Fines;
Committing any of the prohibited acts under Section 27
POLLUTION ADJUDICATION PROCESS

IMPOSITION OF FINES

ROLES OF ROS IN ADJUDICATION PROCESS


1. Action on Complaints
Rule: In all complaints cognizable by the PAB, the Regional Office shall submit a report to the Board
containing the following:
Result of investigation
Status of the case
Recommendation
2. Monitoring: The Regional Office is required to submit monthly reports to the PAB on the
status/updates on cases referred, investigated and/or endorsed
3. Notice of Violation: If based on investigation there is a prima facie evidence of violation, a Notice of
Violation shall be issued. The PAB shall be furnished copies of all notices of violation issued by the
Regional Offices (every 5th day of every month), Notices of violation shall contain the following:
Complaint if any
Date of technical conference
Results of investigation/analyses
RO shall furnish respondent a copy of the results of analysis within five (5) days from the release of the
results.
4. Technical Conference: Within five (5) days from the conduct of compliance testing or validation, the
RO shall elevate the case to the Board regardless of its findings, i.e. whether respondent passed or failed
to comply with the standards. The records shall include the following:

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NATURAL RESOURCES AND ENVIRONMENTAL LAW

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Copy of the complaint, inspection, or monitoring report; NOV; Position paper,


commitment sheet/compliance plan; Minutes of technical conference; Results of
laboratory analysis; Resolution of the case.

5. Endorsement to PAB: The Regional Office is bound to make categorical recommendations to the PAB
as regards to cases elevated
6. Implementation of CDO: The Regional Office is bound to implement fully a CDO issued by the PAB
within a period of 72 hours. If it cannot be implemented, a written report shall be transmitted stating
therein the causes of failure to execute.
SHELL PHILIPPINES EXPLORATION VS. JALOS 630 SCRA 399

Q. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES


(1) Writ of Continuing Mandamus
(2) Writ of Kalikasan
These Rules shall govern the procedure in civil, criminal and special civil actions before the Regional Trial
Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related
laws, rules and regulations
Under the 1987 Constitution of the Philippines, it has the power to promulgate rules concerning the
protection and enforcement of constitutional rights. Article 8 of the Civil Code of the Philippines provides
that judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal
system of the Philippines.
PROCEDURAL INNOVATIONS INTRODUCED IN SAID RULES ARE:
1. Citizen Suits giving the right to ordinary citizens to initiate legal action to enforce their right to the life
sources (a.k.a. environmental right);
2. Consent Decrees;
3. Temporary Environmental Protection Orders (TEPO) in cases of threat of serious damage to the
environment (or life sources);
4. Writ of Kalikasan;
5. Writ of Continuing Mandamus;
6. Protection against harassment countersuits (i.e., SLAPP suits Strategic Lawsuits against Public
Participation); and
7. Adoption of the Precautionary Principle
STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) AND (7) THE PRECAUTIONARY
PRINCIPLE:
What is especially notable about the new Rules of Procedure for Environmental Cases are the two special
civil actions that it adds to the existing rules of court in the Philippines, namely:
1. The writ of Kalikasan or the writ of Nature; and
2. The writ of Continuing Mandamus
R. WRIT OF CONTINUING MANDAMUS (RULE 8)
BRIEF SUMMARY:
When any agency or instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station
in connection with the enforcement or violation of an environmental law rule or regulation or a right
therein.
When any agency or instrumentality unlawfully excludes another from the use or enjoyment of such
right
Where the petition should be filed?
The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where
the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court.
What are some characteristics of the procedure for the issuance of the writ of continuing mandamus?

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a) The petitioner shall be exempt from the payment of docket fees.


b) Proceedings shall be summary in nature
c) Orders expediting the proceedings or a Temporary Environmental Protection Order for
protection of the rights of the parties may be granted by the court.
d) The petition shall be resolved without delay within sixty (60) days from the date of the
submission of the petition for resolution.
S. WRIT OF KALIKASAN
BRIEF SUMMARY:
The Writ of Kalikasan, or the writ of nature, is available when the environmental damage is of such
magnitude that it prejudices the life, health, or property of inhabitants in two or more cities or
provinces. The writ is issued by either the Supreme Court or the Court of Appeals within three days after
the filing of the application. Hearing of the matter is set within sixty days. No docket or filing fee is
required upon the filing of the complaint or petition. The proceedings terminate within sixty days from
submission of the original application. Note the emphasis on the enforcement of the right to life. Note
also the availability of the legal remedy where the damage is of such magnitude as to threaten the life and
health of inhabitants in two or more cities or provinces. In said cases, the petitioner (or affected party) can
immediately take recourse to the higher courts the Court of Appeals and the Supreme Court and seek
relief in summary proceedings.
What are the bases for issuing writ of kalikasan?
a) 1987 Constitution
Article 2 Sec. 16, he state shall advance the right of the people to a balanced and healthful
ecology in accordance with the rhythm and harmony of nature
Article 2 Sec. 15, The state shall protect and promote the right to health of the people and instill
health consciousness among them.
b) Environmental Justice
c) Inter-generational Responsibility (Oposa v. Factoran)
What are the objectives of Writ of Kalikasan?
a) For protection and promotion of constitutional right to a balanced and healthful ecology;
b) For simplified, speedy and inexpensive procedure in the enforcement of environmental rights
and duties;
c) To introduce and adopt innovations in ensuring the effective enforcement of remedies and
redress for violation of environmental laws; and
d) To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases
What is the nature of a writ of kalikasan?
It is an extraordinary remedy with the underlying emphasis on the magnitude as it deals with damage
that transcends political and territorial boundaries.
How is magnitude measure?
Magnitude is measured according to the qualification set forth in the Rule when there is environmental
damage that prejudices the life, liberty or property of inhabitants in two or more cities or provinces
Who can file a petition for Writ of Kalikasan?
a) Natural or juridical person, entity authorized by law, peoples organization, non-governmental
organization, or any public interest group accredited by or registered with any government
agency on behalf of persons;
b) whose constitutional right to a balanced and healthful ecology is violated, or threatened with
violation;
c) by an unlawful act or omission of a public official or employee, or private individual or entity;
d) Involving environmental damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
Where is it filed?
With the Supreme Court or with any station of the Court of Appeals
Why is the petition filed in the Supreme Court or the Court of Appeals?

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The magnitude of the environmental damage is the reason for limiting where the writ may be
filed, to the Supreme Court or Court of Appeals whose jurisdiction is national in scope.
How much is the docket fee?
The petitioner is EXEMPT from paying docket fees
What is the rationale of the exemption from the payment of docket fees?
The exemption from payment of docket fees is consistent with the character of the reliefs
available under the writ, which excludes damages for personal injuries. This exemption also
encourages public participation in availing of the remedy.
What are the reliefs that may be granted under the writ of kalikasan?
a) Directing respondent to permanently cease and desist from committing acts or neglecting
the performance of a duty in violation of environmental laws resulting in environmental
destruction or damage;
b) Directing the respondent public official, government agency, private person or entity to
protect, preserve, rehabilitate or restore the environment;
c) Directing the respondent public official, government agency, private person or entity to
monitor strict compliance with the decision and orders of the court;
d) Directing the respondent public official, government agency, or private person or entity
to make periodic reports on the execution of the final judgment; and
e) Such other reliefs which relate to the right of the people to a balanced and healthful
ecology or to the protection, preservation, rehabilitation or restoration of the
environment, except the award of damages to individual petitioners
Are the reliefs available exclusive?
The reliefs that may be granted under the writ are broad, comprehensive and non-exclusive. The
reliefs regarding monitoring and periodic reports ensure enforcement of the judgment of the
court.
What is the remedy in case an adverse judgment was rendered?
The remedy is to appeal to the Supreme Court under Rule 45 of the Rules of Court within fifteen
(15) days from the date of notice of the adverse judgment or denial of motion for reconsideration.
The appeal may raise questions of fact.
Can a question of fact be raised on appeal?
Given the extraordinary nature of circumstances surrounding the issuance of a writ of kalikasan,
this section allows an appeal to raise questions of fact and thus constitutes an exception to Rule45
of the Rules of Court
May a party institute separate actions?
After hearing, the court shall issue an order submitting the case for decision. The court may
require the filing of memoranda and if possible, in its electronic form, within a non-extendible
period of thirty (30) days from the date the petition is submitted for decision.
Within sixty (60) days from the time the petition is submitted for decision, the court shall render
judgment granting or denying the privilege of the writ of kalikasan.
Can a question of fact be raised on appeal?
Given the extraordinary nature of circumstances surrounding the issuance of a writ of kalikasan,
this section allows an appeal to raise questions of fact and thus constitutes an exception to Rule45
of the Rules of Court.
May a party institute separate actions?
Yes. The filing of a petition for the issuance of the writ of kalikasan shall not preclude the filing of
separate civil, criminal or administrative actions
DISTINCTIONS BETWEEN WRIT OF KALIKASAN AND WRIT OF CONTINUING MANDAMUS
WRIT OF KALIKASAN

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NATURAL RESOURCES AND ENVIRONMENTAL LAW

Prepared by:

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DEFINITION

Subject Matter
Petitioner
Respondent

It is a remedy available to a natural or


juridical person, entity authorized by
law, peoples organizations, nongovernmental organization, or any
public interest group accredited by or
registered with any government agency,
on
behalf
of
persons
whose
constitutional right to a balanced and
healthful ecology is violated, or
threatened with violation by an
unlawful act or omission of a public
official or employee, or private
individual or entity without involving
environmental
damage
of
such
magnitude as to prejudice the life, health
or property of inhabitants in two or
more cities or provinces
Unlawful act or omission; life health or
property
Any person or representative /agent

Writ issued by a court in an


environmental case directing any
agency or instrumentality of the
government or officer thereof to
perform an act or series of acts decreed
by final judgment which shall remain
effective until judgment is fully satisfied

Neglect or exclusion; law, rule or right


One who is personally aggrieved

(PO/NGO/Public Interest Group)


Public or private entity or individual

Government or officers

Ancillary remedy

Ancillary remedy

Venue

Supreme Court or Court of Appeals

Supreme Court, CA or RTC

Discovery

Ocular inspection or production of

Measures

documents

Temporary
Environmental
Protection Order
(TEPO)

No enumeration

None; separate suit


No damages may be awarded in a
petition for the issuance of a Writ of
Kalikasan consistent with the publicDamages

interest character of the petition. A party


who avails of this petition but who

to

be indemnified for injuries suffered may


file another suit for the recovery of
damages since the Rule on the Writ of
Kalikasan allows for the institution of
separate actions.

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The Writ of Continuing Mandamus


allows damages for the malicious
neglect of the performance of the legal
duty of the respondent, identical to Rule
65, Rules of Court