COURSE OUTLINE 1

NATURAL RESOURCES AND ENVIRONMENTAL LAW

Academic Year 2018-2019
First Semester

Alonette S. Ragodo-Perez, CPA, Ll.B, M.M.M.

A. GENERAL INFORMATION
Class Time : 2A- Saturday 9-12 AM
2C- Saturday 1-4 PM;

Contact : Tel No.: 033 335 1759

E-mail: aluet17@yahoo.com

B. COURSE MATERIALS

Special laws are readily available from the internet, you may download for the laws and
assigned cases from www. lawphil.net, for the environmental issues from www. oneocean.org, www.
google.com.

C. OBJECTIVES, METHODOLOGY AND EVALUATION

Objectives:

 To let the student appreciate the environmental and natural resource governance system of
the Philippines, including understanding the role of key government agencies and other actors
in the system;
 To acquire knowledge on the constitutional provisions and special laws governing natural
resources their use and disposition. The study includes existing laws protecting the
environment and the ecosystem and prevailing rules against despoliation of the environment.
 To appreciate the linkage between national laws and international environmental law;
 To acquire knowledge on specific international environmental issues such as climate change
and biological diversity.

Methodology:

This course will be conducted through a mix of (a) classroom learning through lectures, group dynamic,
class reports, topic presentation, case studies and (b) experiential learning. Students are expected to fully
participate in class discussion as there would be graded recitation. There would be a topic presentation for
each student (Hereunder is the guideline).

Evaluation:
Evaluation is based on the following:

Midterm 25%
Finals 25%
Class Standing 25%
Tree planting/outreach activities 25%
100%

Class Standing Component:

1. Quizzes------------------------ 20%
2. Graded Recitation ---------- 30%
3. Case/Topic Presentation--- 50%

Guidelines for the Case/Topic Presentation

Topic shall be assigned to each student in at the beginning of the semester. The student is expected to
present a 30 minute power point presentation for the topic assigned. For students who are assigned to report
on special topics, he/she is required to distribute to his classmates a two-page briefing notes. The briefing

1
*** This course outline was developed Atty. James L. Kho and Atty. Alett C. Nunez with modifications from Atty. Alonette
S. Ragodo-Perez.
notes shall include an introduction to the topic, important terminology, Brief overview or chronology of events;
(Who, what, when and where, if applicable) case study, Any relevant Observations, conclusion and references.
For students who are assigned to report on special laws (as appearing in the syllabus) he shall present an
introduction, highlights of the law, current issues, analysis/relevant observations and conclusion.

I. INTRODUCTION
(1) Course expectations and overview
(2) Documentary presentation on current environmental issues by “Master Ching Hai”
(3) Tragedy of the Commons by Garett Hardin
(4) Important Factors in Influencing Rule compliance in Fisheries by Nielsen et al.
(5) Nullem crimen nulla pena sinelege

II. Environment and the Philippine Constitution

 Constitutional Provisions: Right to health and environment
o Sec. 15 and 16, Article II, Const.
o Oposa vs. Factoran, G.R. No. 101083 July 30, 1993, 224 SCRA 789
o Ysmael v Deputy Executive Secretary [G.R. No. 79538 October 18, 1990]
o Henares vs. LTFRB, G.R. No. 158290, Oct 23, 2006
o SJS v Atienza G.R. No. 156052, Feb. 13, 2008
o MMDA vs Concerned Citizens of Manila Bay, G.R. No. 171947-48, Dec. 18, 2008
 Constitutional Provisions: Utilization of Natural Resources
 Regalian Doctrine
o Sec. 2, Art. XII, Const.
o Ysmael v Deputy Executive Secretary, G.R. No. 79538 October 18, 1990
o Miners Assoc vs. Factoran, G.R. No. 98332, Jan 16, 1995
o PICOP vs Base Metal Mining, G.R. No. 163509, Dec 6, 2006
o DENR vs. Yap, G.R. No. 167707, Oct 8, 2008
 National Parks
o Secs. 3 and 4, Art. XII, Const.
 Preferential Use of Resources
o Sec 7, Art XIII; par 2&3, Const.
o Sec 2, Art XII; foreign part: par 4, Const.
 Local Government Share
o Sec. 7, Art. X; Local Government Code
 Acess to Information
o Sec 7, Art. III, Const.
 People’s Participation
o Sec 16, Art XIII, Const.
 Constitutional provisions: Indigenous People’s Rights
o Sec. 5, Art. XII, Const.
o Cariño vs. Insular Government, 41 Phil 935 (1909)
o Cruz vs NCIP, G.R. No.135385, Dec 6, 2000; read opinion of Justice Puno

III. Institutional Framework for Natural Resources and the Environment

 The DENR and the other agencies in the executive branch

 The role of Congress
 The Emergence of the Judiciary

IV. Biodiversity Conservation and Protected Areas Management

 National Integrated Protected Areas System (NIPAS) Act (R.A. No. 7586)
 Mt. Kanlaon Natural Park Law (R.A. 9154)
 Sagay Marine Reserve Law (R.A. 9106)
 Wildlife Conservation Act, RA No. 9147
 Indigenous People’s Rights Act (IPRA; Republic Act No. 8371)
o Cruz vs. Sec. DENR, supra
 Experiential Learning to a Protected Area in Panay
V. Forestry and Watershed Management

 Revised Forestry Code (Presidential Decree No. 705)

 E.O No. 23
o Case: Oposa vs. Factoran, supra
 Community-Based Forestry Management Program, (DENR DAO 96-29)
o Tenure instrument vs. Private Property Rights
 Water Code of the Philippines (PD No. 1067)

VI. Fisheries and Coastal Resources Management

 Overview
 Philippine Fisheries Code of 1998 (Republic Act No. 8550) as amended by R.A. 10654
o Sec. 149, Local Government Code of 1991
o Definition and Delineation of Municipal Waters (DENR DAO 01-17)
o Preferential Treatment of Municipal Fishers (Joint Administrative Order No. 3, 1996).
o Hizon vs. Court of Appeals, 265 SCRA 517 (1996)
o MMDA vs. Concerned Residents of Manila Bay, supra.
 Aquatic Pollution [Sec. 4 (4), R.A. No. 8550]

VII. Mining and Quarrying

 Philippine Mining Act of 1995 (Republic Act No. 7942)
 People’s Small-Scale Mining Act of 1991 (R.A. No. 7076)
 Secs. 289-292, Local Government Code of 1991
o La Bugal B’laan vs. Sec DENR, et al. , GR No. 127882, Jan 27, 2004
o Southeast Mindanao Gold Mining Corp vs. Balite Portal Mining Coop, GR No. 135190, April 3,
2002
VI. Waste Management/Sanitation/ Pollution Control

 Ecological Solid Waste Management Act (Republic Act No. 9003)

 Code of Sanitation (P.D. No. 856)
 Toxic Substances, Hazardous and Nuclear Waste Management Act (R.A. 6969)
 Clean Air Act (R.A. No. 8749)
 Clean Water Act (RA No.9275)
 Marine Pollution (RA No. 9483)
o Province of of Rizal vs. Exec. Sec., GR No. 129546 Dec 13, 2005
VII. The Rules of Court for Environmental Cases

1. Overall framework of environmental litigation

2. The Writ of Kalikasan
3. Continuing Mandamus
4. SLAPP cases
5. Precautionary principle as rule of evidence
VIII: Overview of International Environmental Law & Principles

Key questions:

1. What is the date of signature of this treaty by the Philippines?

2. What is the date of ratification of the Philippines?
3. What are the key provisions on environmental protection?
4. What legislation in the Philippines implements this treaty?
5. Which authorities are responsible for the administration of this legislation?
6. What are the key measures in implementing the legislation?

 Rio Agreements (Climate Change [UNFCC & Kyoto Protocol], Agenda 21)
 CITES and other wildlife agreements
 UNCLOS
 A focus on Climate Change
 Paris Agreement
Final Examinations