Mindanao State University

COLLEGE OF LAW

NATURAL RESOURCES AND ENVIRONMENTAL LAW

COURSE OUTLINE

ATTY. FAISAL PACALNA CALI, REB, Sh.L.

Classroom Rules:

1. Attendance will be checked at the beginning of every meeting.

2. Recitation will be conducted every meeting. Students are expected,

therefore, to come to class prepared and to have read the materials
scheduled to be covered during the meeting. When a student is reciting, the
rest of the class is expected to listen to him. Students are encouraged to
participate in the discussion by asking questions.
3. A student who is called to recite is expected to close his book during
recitation.
7
4. Electronic gadgets are not prohibited during class hours. A student is
expected, however, to turn off his mobile phone or to put it on silent mode
as soon as he steps into the classroom. If student expects a call during the
meeting, he can take the call by discretely leaving the classroom. Laptops,
tablets, and other similar electronic devices, are not, likewise, prohibited but
the students who are called to recite should close these electronic devices
for the duration of their recitation. The same rules apply to mobile phones
that serve as data storage.

5. Any student may discretely leave the classroom if and when absolutely
necessary. When a student is not in the classroom when called for recitation,
he will be given a grade of 5.

Bases for Student Evaluation at the end of the semester:

Recitation Other requirements - 30 %

Mid term Exam - 30 %
Final Exam - 40 %
 NATURAL RESOURCES AND ENVIRONMENTAL LAW

I. Introduction

Definition and Concepts

Natural Resources

Environment

Climate Change

Environmental Problem

Precautionary Principle

Sustainable Development (Principle 3, Rio Declaration)

Environmental Justice

Construction of Environmental Law

LLDA v. CA, G.R. No. 120865-71, December 7, 1995

II. Review on the Constitutional Provisions

Preamble

National Territory
Archipelago Doctrine
Natural Resources of the State
Relate First paragraph of Section 1, Article XII, 1987 Constitution
UNCLOS (Read on the Maritime Zones)

Magallona v. Ermita, G.R. 187167, July 16, 2011

Declaration of Principles and State Policies

Section 15, 16

Oposa v. Factoran, G.R.101083, July 30, 1993

Section 22

Cruz v. DENR, G.R. No. 135385, December 6, 2000

(also READ CJ Puno Separate Opinion and CJ
Panganiban Opinion)
 Bill of Rights

Section 9

Association of Small Land Owners of the Philippines v.

Sec. of Agrarian Reform, G.R. 78742, July 14, 1989

National Economy and Patrimony

Section 1

Section 2

Carino v. Insular Government, G.R.2869, March 25,

1907
Oh Cho v. Director of Lands, G.R. L-48321, August
31, 1946
Republic v. dela Paz, G.R. 171631, November 15,
2010
La Bugal B’laan Tribal Association v. Ramos, G.R.
127882, January 27, 2004(December)
Resident Marine Mammals of the Protected
Seascape Tanon Strait v. Reyes, G.R. 180771, April
21, 2015

Section 3, 4, 5, and 6
Also read R.A. 8371 (IPRA Law)
Case Study:
Chavez v. Public Estates Authority, G.R. 133250, July
9, 2002
Relate Cruz v DENR

Social Justice and Human Rights

Sections 4, 6 and 7

Local Autonomy

Section 7

III. General Environmental Laws

Civil Code Provisions

C.A.141 (Public Land Act)

DENR v. Yap, G.R. 167707, October 8, 2008
Republic v. Naguit, G.R.134209, Jan 24, 2006
 Chavez v. Public Estates Authority, G.R. 133250, July 9,
2002
Bureau of Forestry v. CA, G.R. L-37995, Aug 31, 1987
Director of Lands v. CA, G.R. 83609, Oct 26, 1989
Collado v. CA, GR107764, Oct 4, 2002
Mengnito v. Republic, G.R. 134308, Dec 14, 2000
Balboa v. Farrales, G.R. 27059, Feb 14, 1928
La Tonde̋ňa, Inc. v. Republic, G.R. 194617, Aug 5, 2015
Republic v. Herbieto
Herico v. DAR, GR L-23265, Jan 28, 1980
Nagaňo v. CA, GR 123231, Nov 17, 1997

R.A. 7942 (Philippine Mining Act)

Yinlu Bicol Mining Corp v. Trans-Asia Oil and Energy Dev

Corp, G.R. 207942, Jan 12, 2015
La Bugal B’laan Tribal Association v. Ramos, G.R. 127882,
December 1, 2004
Republic v. Rosemoor Mining, G.R. 149927, March 30,
2004

R.A. 8550 as amended (Philippine Fisheries Code)

Hizon v. Court of Appeals, G.R. No. 119619. December 13,

1996
Araneta v. Gatmaitan, G.R. Nos. L-8895 and L-9191, April
30, 1957
Tano v. Socrates, G.R.1102499, August 21, 1997

P.D. 705 (Forestry Code)

Case Study:
International Hardwood and Veneer Co. UP, G.R. 521518,
August 13,1991
Ramos v. Director of Lands, G.R. L-13298, November 19,
1918
Mustang Lumber Inc. v CA, G.R. 1049988, June 18, 1996
Tan v Director of Forestry, G.R. L-24548, Oct 27. 1983
Mamanteo v. Deputy Sheriff Magumun,
Factoran v. CA, G.R. 93540, Dec 13, 1999

P.D. 953 (Requiring the planting of Tree)

R.A. 7586 (NIPAS Law)

PICOP v. Base Minerals Corporation, G.R. 163509,

December 6, 2006
 P.D. 1151 (Philippine Environment Policy)

P.D. 1152 (Philippine Environment Code)

P.D. 1586 (Establishing an environmental Impact Statement System)

Paje, Secretary of DENR v. Casino, G.R. 207257, February 3,

2015

R.A. 9729 (Climate Change Act)

P.D. 984 (Pollution Control Law)

R.A. 9003 (Ecological Solid Waste Mgt. Act)

R.A. 8749 (Clean Air Act)

R.A. 9275 (Clean Water Act)

R.A. 9175 (Chainsaw Act)

R.A. 7076 (People Small-scale Mining Act)

P.D. 1067 (Water Code)

R.A 9275 (Clean Water Act)

R.A. 10121 (DRRM Law)

IV. Environmental Administration

E.O. 192 of 1987

Ysmael v. Deputy Executive Secretary, G.R. 79538,

October 18, 1990

Congress

Judiciary

Local Governments

Rusol v. Sandiganbayan, G.R. 186739, April 17, 2013

Tano v. Socrates, G.R.1102499, August 21, 1997
 Other actors

V. International Environmental Law

Rio Declaration

Cartagena Protocol

Basel Convention

Stockholm Convention

Rotterdam Convention

Montreal Protocol

Kyoto Protocol

V. Remedies

Doctrine of Primary Jurisdiction

Exhaustion of Administrative Remedies

Finality of Administrative Decisions

A.M. No. 09-6-8-SC, Environmental Rules of Procedure

Arigo v. Swift, G.R. 2016510, September 16,

2014
Dolot v. Paje, G.R. 199199, August 27, 2013
Resident Marine Mammals of the Protected
Seascape Tanon Strait v. Reyes, G.R. 180771, April
21, 2015
MMDA v. Concerned Residents of Manila Bay,
G.R.17194, December 18, 2008

Supplemental Reference

Agcaoili (2016) Law on National Resources and Environmental

Developments. Manila, Philippines: Rex Bookstore