NEW ERA UNIVERSITY 12.
Kaingin
No. 9 Central Ave., Diliman, QC
LAW ON NATURAL RESOURCES AND OTHER
ENVIRONMENTAL LAWS 1st Semester, SY 2015 – 2015
Schedule: Monday, 8:00PM to 10:00PM
Atty. Jonas Leones
Undersecretary – DENR
Midterm Exam
1. Government Lands
Government lands are lands owned by the
government which may be classified into (a) lands of public
domain, either alienable or inalienable, or (b) lands of private
domain.
2. Public Lands
Public land is a subset of government land which
are lands intended for public use. It.
3. Doctrine of Primary Jurisdiction
Doctrine of Primary Jurisdiction – the courts will
not resolve controversy involving question which is within
the jurisdiction of an administrative tribunal especially where
the question demands the knowledge, experience and
services of administrative tribunal to determine technical and
intricate matter of fact.
4. Homestead Settlement
Homestead Settlement is a mode of disposition of
land by which a qualified beneficiary is granted with a portion of
land of public domain in exchange of cultivation efforts.
5. Exhaustion of Administrative Remedy
Doctrine of Exhaustion of Administrative
Remedy provides that court action will not prosper until all
the remedies have been exhausted at administrative level. It
simply deprives the plaintiff of a cause of action, which is a
ground for a motion to dismiss.
6. Imperfect Title
Imperfect Title is a scenario in which a vested right
under a bona-fide ownership is acquired over the land in the
absence of a Torrens Title
7. Foreshore Lands
Foreshore land is a strip of land that lies between
the high and the low watermarks that is alternately wet and
dry.
8. Vested Right
Vested right is some right or interest in the
property which has become fixed and established and no
longer open to doubt or controversy by any parties or
regulation. This vested right over a property may not be
altered or deprived by executive fiat alone without
contravening the due process guarantees of the constitution.
9. Ordinary Registration Proceedings
Ordinary Registration Proceeding is a
proceeding for registration of ‘unregistered’ land filed in RTC,
initiated by those who, by themselves or through their
predecessors-in-interest, have been in open, continuous,
exclusive and notorious possession and occupation of
alienable and disposable lands of the public domain under a
bona fide claim of ownership since June 12, 1945, or earlier.
10. Cadastral Registration Proceedings
Cadastral proceedings is a government initiated
proceeding for compulsory registration of ‘unregistered’ land
by filing petition against holder/ claimant, otherwise, they
lose their right to own their property.
11. Critical Watershed
Critical Watershed is a drainage area of a river
system supporting existing and proposed hydro-electric
power and irrigation works needing rehabilitation.
Kaingin is a farming method in a portion of the
forest land which is subject to slash-and-burn cultivation
having little or no provision to prevent soil erosion.
13. Forest Land
Forest Land is a type of land under the constitution
which is beyond the commerce of man and may not be
alienated or disposed. It includes public forest, permanent
forest and forest reservations.
14. Laches
Laches is based on the maxim that "equity aids the
vigilant and not those who slumber on their rights." It is a
failure or neglect for an unreasonable time to assert a right,
warranting a presumption that the party entitled thereto has
either abandoned on declined it.
15. Financial or Technical Assistance or Agreement
A Financial or Technical Assistance Agreement is a
contract involving financial or technical assistance for large-scale
exploration, development, and utilization of natural resources, in
which the collection of government share shall commence after
the contractor has fully recovered its pre-operating expenses. In
case of FTAA, any legally-organized foreign-owned corporation is
deemed a “qualified person.”
16. Ore Transport Permit
Ore Transport Permit is a permit specifying the
origin and quantity of non-processed mineral ores from mine
site to warehouse.
17. Exploration Permit
Exploration permit grants a qualified person the right
to conduct exploration for all minerals in specified area.
18. Filipino Owned Corporation
Filipino-Owned Corporation refers to a
corporation owned by Filipino shareholders of at least 60%
ownership.
19. Multiple Use Management
Multiple use management provides that only
utilization, exploitation, occupation or possession of natural
resources that will produce optimum benefits, with least
injury, shall be allowed.
20. Principle of Intergenerational Responsibility
Principle of Intergenerational Responsibility
provides that man bears a solemn responsibility to protect
and improve the environment for present and future
generations. Essentially, the principle means that we hold the
natural resource treasures of the earth in trust for the benefit,
enjoyment and use of the generations of humankind yet to
come.
Problems
1. Regalian Doctrine v. Doctrine of Native Titles
Regalian Doctrine is enshrined in Article XII,
Section 2 of the 1987 Constitution which provides that all
lands of public domain, including its natural resources, belong
to the state. All lands not appearing to be of public domain
presumptively belong to the state.
On the other hand, Doctrine of Native Titles
provides that that indigenous people may obtain recognition
of their right over ancestral lands and ancestral domain by
virtue of a native title.
Both provision is harmonized in the doctrine enshrined
in Cruz v. DENR, which provides that the ancestral domains are
areas owned by the indigenous people since time immemorial,
hence, these were never part of public domain. Since these lands
were never a part of public domain, therefore, they are not
covered by the Regalian Doctrine.
2. Discuss the forms of mineral agreement: Co-production
Agreement, Joint Venture Agreement and Production Sharing
Agreement
Under Section 2, Article XII of the Constitution, the
State may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or
1
 corporations or associations at least sixty per centum of corporation may validly own the land since private lands are
whose capital is owned by such citizens. Such agreements alienable and not part of the public domain.
may be for a period not exceeding 25 years, renewable for not
more than 25 years. GENERAL RULE ON PRIVATE LANDS
Co-production agreement is an agreement between  
government and a contractor where the government will share Private lands can only be transferred or conveyed to:
inputs on mining operations other than minerals. 1. Filipino Citizen
Meanwhile, in joint venture agreement, the 2. Corporations or associations incorporated in the
government enters into a business venture to set-up a firm in Philippines, at least 60% of capital is owned by
which share of equity and gross revenue is expected. Filipino Citizen
On the other hand, a production-sharing 
 
agreement is where a government provides an exclusive Exception on the general rule:
grant to a corporation for the utilization of natural resources 1. In intestate succession, where an alien heir of a
in exchange of taxes or royalties. Filipino is the transferee of private land
2. A natural born citizen of the Philippines who has lost his
3. Is A liable under Forestry Code for cutting trees within his Philippine citizenship may be a transferee of private land,
ancestral land? subject to limitation provided by law. Hence, land can be
Yes. A is liable under Forestry code. Under the law, used only for residential purposes. In this case, he only
cutting and removing of trees/timber without necessary acquires derivative title.
permit from DENR, regardless of ownership or location of the 3. Foreign states may acquire land only for embassy
trees, is punishable by law. It is also in consonance with and staff residential purposes.
Regalian doctrine that all lands of public domain and natural
resources are owned by the state. 
Filipino citizenship is only required at the time the land is
In the case at bar, although the land of A is an acquired. Thus, loss of citizenship
 after acquiring the land
ancestral domain, the trees planted over the land is still does not deprive ownership.

subject to the Forestry Code which prohibits the cutting done
by A. Therefore, A is liable under the penal provisions of the  
 Restriction against aliens only applies to ownership. Therefore:
Forestry Code, equivalent to the penalty of qualified theft as
the case may be. 1. Aliens may be lessees or usufructuaries of private
lands
4. Is mere possession of trees/timber liable under forestry 2. Aliens may be mortgagors of land, as long as they do
code? not obtain possession thereof and do not bind
Yes. Mere possession of trees/timber without foreclosure sale.
necessary permit from DENR is a prima facie evidence of
violation of the Forestry Code. Perpetrators liability will be 
Land tenure is not indispensable to the free exercise of
equivalent to that of qualified theft, as the case may be. religious profession and worship. A religious corporation
controlled by non-Filipinoscannot acquire and own land,
5. What us the jurisdiction of MTC in land registration even for religious purposes

proceedings?

Remedies to recover private lands from disqualified aliens
Application for registration shall be heard in RTC.  (provided that the alien
qualified person yet):
 has not passed ownership to
However, MTC has the delegated jurisdiction to hear and
determine cadastral or land registration cases in the 1. Escheat proceedings
following instances: 2. Action for reversion under Public Land Act
3. An action by the former Filipino owner to recover
1. Where the lot sought to be registered is not the the land.
subject of the controversy (Remarks: Pari delicto principle has been abandoned.)
2. Value of the lot does not exceed P100,000.00

6. What are the instances when an aggrieved party be allowed

to file directly to court without exhaustion of administrative
remedy?

1. When there is a violation of due process

2. When the issue involved is purely question of law
3. When the administrative action is patently illegal
amounting to lack or excess of jurisdiction
4. When there is estoppel on the part of the administrative
agency concerned
5. When there is irreparable injury.
6. When the respondent is department secretary whose
acts as an alter ego of the President bears the implied and
assumed approval of the latter
7. When to require exhaustion of administrative remedies
would be unreasonable
8. When it would amount to the nullification of the claim
9. When the subject matter is a private land in land case
proceedings
10. When the rule does not provide a plain, speedy and
adequate remedy
11. When there are circumstances indicating the urgency of
judicial intervention

7. May a private corporation acquire ownership over lands of

public domain?
As a general rule, corporation is not allowed to own
lands of public domain. However, the only way for a Filipino
Corporation to own lands of public domain is thru adverse
possession under bona fide ownership of a predecessor in
interest. Hence, if a land is already a private land, a
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 CA 141: Public Land Act 5. According to 1935 Constitution
I. Agricultural Land
Article I of 1987 Constitution. National Territory II. Forest or Timber
The national territory comprises the Philippine III. Mineral Lands
archipelago, with all the islands and waters embraced therein, and
all other territories over which the Philippines has sovereignty or 6. According to Public Land Act
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, I. Alienable or disposable
including its territorial sea, the seabed, the subsoil, the insular II. Timber
shelves, and other submarine areas. The waters around, between, III. Mineral Lands
and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the 7. Classification of Public Lands Open to Disposition
Philippines. I. Agricultural
II. Residential, commercial, industrial, or for similar
Differentiate Imperium v. Dominium productive purposes
III. Educational, Charitable, or for other similar purposes
Imperium is the State’s authority to govern. It covers
IV. Reservation for town sites and for public and quasi-
such activities as passing laws governing a territory, maintaining
public purpose.
peace and order, and defending it against foreign invasion. On the
other hand, dominium is the capacity to own or acquire property.
It covers such rights as title to land, exploitation and use of it, and Who shall make classification provided for in Public Land Act?
disposition or sale of the same. Regalian Doctrine is under the The President, upon recommendation by the Secretary
realm of dominium. of Environment and Natural Resources, shall, from time to time,
make the classification and reclassification of lands from one class
What are the natural resources of the State? to another.
The natural resources of the State are: Before the President could alienate or dispose the lands
[1]All lands of the public domain [7]all forces of potential energy of public domain, the President must first officially classify these
[2]waters [8]fisheries lands as alienable and disposable and declare them open for
[3]minerals [9]forests or timber
disposition. Classification is a prerogative of the executive
department and not the court.
[4]coal [10]wildlife

[5]petroleum [11]flora and fauna

[6]other mineral oils [12]other natural resources

Who are the Indigenous people?
Indigenous People refer to a group of people who have
continuously lived as an organized community on communally
bounded and defined territory. These groups of peoples have
actually occupied, possessed and utilized their territories under
claim of ownership since time immemorial.
Differentiate ancestral land v. ancestral domain
Ancestral land refers to the land occupied by the
individual families and clans who are member of indigenous
cultural community since time immemorial.
Ancestral domain, on the other hand, is defined as areas
generally belonging to industrial communities.
What are the classification of lands?
1. In general:
I. Lands of Public Domain (a.k.a Public Land)
A. Alienable
1. Agricultural Land
B. Non-Alienable
1. Forest or Timber Land
2. Mineral Lands
3. National Park
II. Lands of Private Domain – Land belonging to the state
as a private individual without being devoted for public
use, public service or development of national wealth
2. According to Civil Code
I. Public Dominion – Those intended for public use; these
properties are: (1) Outside the commerce of man;
(2) not subject to levy, encumbrance or disposition
through public or private sale.
II. Patrimonial Properties – Former properties of the
public dominion that are no longer intended for public
use or public service.
3. According to the 1987 Constitution
I. Agricultural Land
II. Forest or Timber
III. Mineral Lands IV.
National Park
4. According to 1973 Constitution
Agricultural, industrial, commercial, residential,
resettlement mineral, timber or forest, grazing lands, and
other classes as may be provided by law.
No public land can be acquired by private person
without express or implied grant. Unless public land is shown
to have been reclassified or alienated to a private person by the
State, it remains part of inalienable public domain. Therefore,
possession in the concept of owner, no matter how long, cannot
ripen into ownership and be registered as a title.
Differentiate classification v. reclassification in line with PLA
Classification means grouping of lands similar to each
other, either as agricultural, forest or timber, mineral or national park,
while reclassification means transfer of land from one class to
another. Proper classification is essential because only lands classified
as agricultural land may be alienated and disposed.
How may public lands be disposed?
1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect/incomplete title
4.1 Judicial legalization
4.2 Administrative legalization
I. HOMESTEAD
1. Citizen of the Philippines
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares
4. Must have cultivated and improved at least 1/5 of land
continuously since approval of the application
5. Resided for at least 1 year in the municipality in w/c the land
is located or in the municipality adjacent to the same
6. Payment of required fee
II. SALE
What are the qualification for sale of public land?
1. Citizen of the Philippines
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares
4. Mode of sale through sealed bidding
5. Paid in full or 10 annual equal installment
6. Must have cultivated and improved at least 1/5 of land
within 5 years from date of award
7. Must show actual occupancy, cultivation and improvement
of at least 1/5 of the land until the date of final payment
Requisites of a private sale
1. A Filipino citizen of legal age
2. Not the owner of a home lot in the municipality in which
he resides
3. Have established good faith
4. Have construed his home and actually resided therein
5. Lot to be purchased not more than 1,000 sqm
3
Section 59 classifies land disposable under Title III as follows: may be conveyed or inherited. No subsequent law can deprive him of
Lands reclaimed by the government the vested right. If he complied, he acquires the property right. Not
1
by dredging, filling or other means only a right to grant but the grant from the government.
2 Foreshore
Lease only
Marshy lands or lands covered with Who has the burden of proof to show that the land is alienable and
3 water bordering upon shores or disposable?
banks of navigable lakes or rivers The presumption that the land subject of an application
Lands not included in any of the for registration is alienable and disposable rests with the
4 Lease/ Sale applicant.
foregoing classes

III. LEASE
What are the qualification for Lease?
A. Filipino Citizen
1. Not to exceed 500 hectares
2. 1/3 of the land must be cultivated within 5 years.
B. Corporation
1. 60% Filipino-owned
2. Period of lease: not to 25 years, renewable for not
more than 25 years.
3. Not to exceed 1,000 hectares
4. 1/3 of the land must be cultivated within 5 years.
Conditions of Lease of public land:

Lessee construct permanent improvement of the land
 cause of action for both cases.

At the expiration of the 
lease, all improvement shall become
government’s property
Limitations regarding Alienable land of Public Domain
Limitations on area
Lease* Sale
Private Corp. 1,000 hectares n/a
12 hectares (thru
Filipino Citizen 500 hectares purchase, homestead or
grant)
*Lease period cannot exceed 25 years, renewable for not more
than 25 years
X filed a lease to a foreshore land. Subsequently, it was converted
into a commercial or industrial land prior to the approval of the
lease. Will the application be terminated?
NO. The application of the lease will not be
terminated. The subsequent classification of foreshore land
into commercial or industrial land shall not result in the
revocation of the lease, since the said land was a foreshore land
at the time the application was filed.
IV. CONFIRMATION OF IMPERFECT AND INCOMPETE TITLE
A. Judicial legalization
Applicable to the following citizens occupying lands of
public domain or claiming to own any such lands or interest
therein but whose titles have not been perfected or completed.
(Under RTC’s jurisdiction)
Requisites for judicial legislation:
1. Applicant must be Filipino Citizen
2. By themselves or through their predecessor in interest,
possessed and occupied A&D agricultural portion of public
domain
3. OCENPO since June 12, 1945 under a bona fide ownership
4. Must be filed in proper court
B. Administrative legalization (Free Patents)
What are the qualification for administrative legalization?
1. Any natural-born citizen of the Philippines
2. Not the owner of more than 12 hectares
3. Has continuously occupied and cultivated either by himself
and or his predecessor in interest
4. Subject land must be an agricultural land
5. Real estate tax must be paid
6. Land not occupied by any other person
7. Prescriptive period of 30 years, under a bona fide claim of
ownership
8. FP to be granted not to exceed 12hectares
What is the effect of compliance with legal requirements of a
homesteader?
Even without a patent, he acquires vested right and is to be
regarded as equitable owner thereof, unaffected by the fact that the
paramount title to the land is still in the government. Such land
Does res judicata operates against third party with a better right?
Res judicata will not operate against a third party who
appears with a better right and title to the property. It does not
operate as a bar to the proceedings for registration instituted on
the grounds of new evidence.
Res Judicata, a brocard, is a basic principle of law which
provides that a matter judged by a competent court may not be
pursued by the same party. The requisites of Res Judicata are:
1. The former judgment must be final
2. Judgment must be on the merits of the case
3. The former decision is rendered by the court having
jurisdiction over the subject.
4. There is similar identity of parties, subject matter and
What are the non-registrable properties?
1. Property of public dominion
2. Forest lands
3. Watersheds
4. Mangrove swamps
5. Mineral lands
6. National parks
7. Military or naval reservations
8. Foreshore lands or reclaimed areas
9. Submerged areas
10. Lakes
11. Navigable Rivers
12. Creeks
13. Reservations for public and semi-public purposes
What is Torrens System?
Torrens System is a system of land titling in which
register of land holding guarantees an indefeasible title to those
included in the register. Upon expiration of one year from its
issuance, the certificate of title shall become indefeasible.
May an applicant transfer/convey/encumber his rights to the land
and improvements of the homestead?
YES. An applicant may transfer his rights to the land and
improvements to any person legally qualified, provided:
1. Such conveyance does not affect any right or interest of the
government
2. The transferee is not delinquent
3. There is a prior approval Secretary of DENR
Failure to meet any of the above requirement will make
the transfer NULL and VOID. Additionally, any person who
transfer his rights may not again apply for a new homestead.
A, under adverse possession of 30 years, claims ownership of a
parcel of land. The land was only classified as A&D on his 25th year
of occupation in the land. Does A have vested right in the land?
(Malabanan v. Republic)
YES. A have vested right in the land and may apply for
judicial legislation of imperfect title. The law provides that there
must be an OCENPO of at least 30 years under a bona fide
ownership. It is not necessary that the land first be classified as
alienable and disposable at the time claim of ownership could start.
The law merely requires that the property must be alienable and
disposable at the time the application is filed.
If the land under adverse possession is a forest land, will your
answer be the same?
NO. Occupation in a forest land in the concept of
owner, no matter how long, cannot ripen into ownership and be
registered as a title. It is expressly stated in the constitution that
alienable lands of the public domain shall be limited to
agricultural lands. Since the land occupied by A is a forest land,
therefore, he cannot have vested right over the property.
4
 Supposing that A sold the land to ABC Corporation without yet The transaction when a homesteader sold a portion
securing a title to the land after 30years of adverse possession, of a homestead on an understanding that actual conveyance
may ABC Corp validly register the land to the corporation’s will take effect after the 5-year prohibitory period is null and
name? void because the law does not distinguish between executory
ABC Corporation may validly register the land in the and consummated sales.
Corporation’s name. The confirmation of imperfect and
incomplete title has the following basic requisites: (1) RIGHT TO REPURCHASE
Applicant must be Filipino Citizen; (2) Registration must be 
made by themselves or through their predecessor in interest,  Period to repurchase
transfer/ sale.
 within 5 years from the subsequent
possessed and occupied A&D agricultural portion of public 
Right to repurchase can be exercised
 even in the absence of any
domain; (3) OCENPO since June 12, 1945, or at least 30 years stipulation in the deed of sale
under a bona fide ownership; and (4) It must be filed in proper 
Right to repurchase cannot be waived.

court. In short, a corporation may only validly own a land once
that it is already a private land. FRAUD
In the case at bar, the only way that a corporation Actual or Constructive
acquire ownership over land of public domain is through 1. Actual/ Positive Fraud – Intentional deception
adverse possession of a predecessor in interest. by misrepresentation of material fact
Although the land was not titled yet, A acquires vested 2. Constructive Fraud – Construed as fraud because of its
right and is to be regarded as equitable owner thereof. Such detrimental effect upon public interest and private/public
land may be conveyed or sold. confidence, even though the act is not designed to commit
Since A validly acquire the right to the land by meeting fraud or injury
the requisites mentioned above, hence, it is already converted Extrinsic or Intrinsic
into a private land, thus, he may convey the land validly to ABC 1. Extrinsic – Employed to deprive parties of their day in court;
Corporation. preventing them to assert their right to their property
2. Intrinsic – Fraudulent acts pertaining to an issue involved in
Differentiate direct attack v. collateral attack in land registration the original action, or when acts constituting the fraud could
proceeding. have been litigated therein
Collateral attack means that the ownership of the land
is not the main cause of action of the case, hence, it may be filed to 
Court will deny relief if fraud
 is constitute in the
MTC. Direct attack, on the other hand, means that the ownership  presentation of the trial
is the main cause of action of the land sought to be registered. 
Hence, RTC acquires proper jurisdiction over the case. If the owner of an uncultivated land allowed a bona fide
grantee to till/improve
 the land, the owner lose all rights to
the parts of the land
What is Special Patent?
Special Patent is a grant by law of a property in favor of Differentiate Action for Nullity v. Reversion
a government agency pursuant to a special law, proclamation and Action for Nullity Reversion
special order. It is a proclamation from the president that titles a Initiated by Private individual The Gov’t thru SolGen
land in favor of a school, university or other government entity for Party-In- Plaintiff & Respondent The State
special/specific purpose. Interest have at least two titles
*The difference lies in the allegations as to the character of ownership
Differentiate a patent v. registration of the realty whose title is sought to be nullified.
A patent or a grant only operates between the grantor Pertinent Would require plaintiff’s Would admit state
(Government) and the grantee (beneficiary), while the act of allegation ownership prior to the ownership of the land.
registration conveys or affects the transfer of land and binds third issuance of patent and
title vis-à-vis the
parties.
defendant’s document of
A public land patent, when registered in the registry of title.
deeds, is a veritable Torrens Title, and becomes indefeasible upon Nature of Claims of ownership of Claims of ownership of
the expiration of 1 year from the date of its issuance. property the land as private the land as public
property property
What are friar lands?
Friar lands are lands purchased by the government When is Reversion improper?
from religious corporations for sale to actual occupants. These No. Scenario Rationale
friar lands are not public lands but private or patrimonial property 1 At the time of the issuance, The government is not the real
of the government. it is no longer a public party-in-interest, since the
property property is already PRIVATE.
May the government be barred by prescription by laches? Here, the court may direct the
defendant to RECONVEY the
NO. The government is not barred by prescription by parcel of land to the true owner.
laches if the State is the real party in interest to assert its own 2 Though the title was Fraudulent title may be a root of
rights. obtained by fraud, it was a valid title in the name of an
already sold to an innocent buyer-for-value and in
PROHIBITED ALIENATIONS innocent buyer for value good faith
and in good faith who are
Why is there a prohibition? holding a torrens title
The prohibition has the avowed purpose of giving the
homesteader or patentee every chance to preserve for himself
and his family the land that the State had gratuitously given him
as a reward for his labor in cleaning and cultivating it.


Any transfer of the land acquired thru homestead and free
patent within 5 years from the date of the grant shall nullify
the alienation/ transfer
and constitute the reversion of the
 property to the state.

Approval from Secretary of DENR is merely directory. Hence,
 it does not invalidate any transfer because
may be secured at any time in the future.
such approval

Even if only part of the land has
been sold or alienated, it is a
sufficient cause for reversion.

5
 PD 706: Revised Forestry Code
Distinguish Forest v. Forest Land
Forest is a large track of land covered with a natural
growth of trees and underbrush. On the other hand, forest land is
a classification of land under the Constitution that is part of public
domain which is beyond the commerce of man and may not be
alienated or disposed.
The former is a description of what the land appears, and
the latter is a legal classification for legal purposes. However, it
must be stresses that legal nature or status does not have to be
descriptive of what the land actually looks like. Therefore, a land
may be urbanized, yet still classified as forest land.
What are the three (3) types of Forest?
1. Public Forest – a mass of land of public domain which has
not been a subject of the present system of classification.
2. Permanent Forest/ Forest Reserves – lands of public
domain which have been subject of the present system of
classification and 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.
Differentiate Watershed, watershed reservation and critical
watershed
 transported:
Watershed is a land area drained by a stream or fixed body
 of water and its
surface run-off.
 tributaries having a common outlet for
 authorizations or permits and/or supporting
Watershed Reservation is a forest land reservation
 established to protect or improve the conditions
yield thereof or reduce sedimentation.
 of the water
 with spurious (fake) authorizations,
Critical Watershed is a drainage area of a river supporting
existing and proposed hydro-electric power and irrigation
works needing immediate rehabilitation as it is being
subjected to a fast denudation
 causing accelerated erosion
and destructive floods.
Notes:

Legality of closure of logging road is a justiciable question
 
 machineries, equipment and tools illegally used in
Regalian Doctrine provides that all lands of public domain,
including Forest lands, belong to the state and are not
alienable and disposable. Hence, any title issued on such non-
disposable lands, even if it is in the hands ofa purchaser in
good faith and for value shall be CANCELLED.
International Hardwood & Veneer Co. v.
UP GR 521518, Aug. 13, 1991
Issue: Does UP have the authority to collect forest charges to
supervise the operation of the petitioner of a previously
reclassified forest land?
Yes. Even though the operation of the petitioner in the
land began when the land is still a forest land, it completely
removed the said land from public domain thru the Presidential
Proclamation, hence, made UP the absolute owner of the
property. Therefore, UP have the authority to collect forest
charges to the petitioner. However, the right of the existing
concessions in the land must be respected, even though it is no
longer a forest land, until concession expires.
Preservation and protection of forest
 deemed to be in  custodia legis, therefore, beyond
Ramos v. Director of Lands: “The prodigality of the spendthrift
who squanders his substance for the pleasure of the fleeting
moment must be restrained for the less spectacular but surer
 policy.”
 DENR Secretary except
A license is not a contract, property or right protected by due
process clause of the constitution. It does not create an
irrevocable right. It can be withdrawn or cancelled in the
exercise of the police power of thestate whenever dictated by
 
public interest or public welfare.

 No forest 
land 50% in slope or over may be utilized for pasture
purposes.
 recreation areas and vandalism therein
Wildlife may be destroyed, killed, consumed, eaten or
otherwise disposed of, without necessity of permit, for the
protection of life, health,safety and property, and the
convenience of the people.
Criminal offenses and penalties
I. Section 68 of PD 705
1. Cutting, gathering, collecting and removing timber
or other forest products from any forest land, or
timber from alienable or disposable public and, or
from private land without any authority; and
2. Mere possession of timber or other forest products
without the legal documents required under existing
forest laws and regulations.

In the second offense, it is immaterial whether the
method of gathering the timber is legal or not. Mere
possession of the forest product without the proper

 document is a prima facie evidence of the crime.

Violation of Section 68 is an offense equivalent to
Qualified Theft (Articles 309 and 310 of RPC). It is
not qualified theft per se, but imposesonly a penalty
 equivalent to that of qualified theft.

The elements of the crime of qualified theft of logs
are: (1) that the accused cut, gathered, collected or
removed timber or other forest products; (2) that
the timber or other forest products belong to the
 government or to any other private individual; and
(3) that the cutting, gathering, collecting or
removing was without authority granted by the
state.

Illegal Forest Products – Any forest products that
are removed, cut, collected, processed and/or
(a) without the requisite,
authorization or permit; or (b) with incomplete
supporting documents; (c) with genuine
documentation that have an expired validity, have
been cancelled or that contain forged entries; or (d)
 permits and/or
 supporting documents.

This offense is considered as Mala Prohibita.
Characteristics of Mala Prohibita are: (1) it is
prohibited by a special law; (2) Commission of the
prohibited act is a crime itself; (3) Good
faith is not
 a defense; and (4) intent is immaterial.
Any timber/forest product, as well as the
the area where the timber or forest products are
found, shallbe confiscated in favor of the
 government.

Reward to informant shall be20% of the proceeds of
 confiscated forest products

Mustang Lumber, Inc. v. CA: Lumber is a processed
log or timber. The legislative intent is to include
mere possession of lumber without legal documents
punishable
 under Section68 of Revised Forestry
 Code.

A forest officer or employee may arrest without
warrant any person who has committed, or is
committing in his presence any of the offense
 defined in the code.

If an officer arrests an alleged perpetrator without a
warrant, and without violating any offense in the
code in his presence,
 the officer shall be investigated
 administratively.

Forest products and other items seized and
confiscated upon authority of the DENR Secretary is
lawfully taken by virtue of legal process and is
 reach of replevin.
 
Appeal: Forest Management Bureau DENR Secretary

President; Courts cannot review the decisions of the
through special civil action for
 certiorari or prohibition.

A suit against public officers acting within the scope
of their authority is a suit againstthe state and
cannot prosper without its consent.
II. Pasturing livestock
III. Illegal occupation of national parks system and
IV. Survey by unauthorized persons
V. Misclassification and survey by government official or
employee
6
 RA 7942: Philippine Mining Act of 1995 without the permission from the State, because the right to
possess or own the surface ground is separate and distinct
Constitutional Basis: from the mineral land over the same land.
Section 2, Article XII of 1987 Constitution

Even though location of a mining claim has been perfected, it
 does not bar the government’s exercise of its power of
All lands of the public domain, xxx and other natural eminent domain.
resources are owned by the State. With the exception of 
agricultural
lands, all other natural resources shall not be
alienated. 
 The right of eminent domain covers all forms of private
property, tangible orintangible, and includes rights which are
 attached to the land.
The exploration, development, and utilization of natural 
resources shall be under the full control and supervision of
the State. 
 All projects relating to EDUC of natural resources are projects
of the state, thus, the projects nevertheless remain as state
 projects and can never be purely private endeavors.
The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-
Section 5: Mineral Reservations. When national interest so
sharing agreements with Filipino citizens, or corporations or
associations at least sixty per centum of whose capital is requires xxx, the President may establish mineral
owned by such citizens. Such agreements may be for a period reservations upon the recommendation of the Director
not exceeding twenty-five years, renewable for not more than through the Secretary. xxx
twenty-five years, and undersuch terms and conditions as
may be provided by law. xxx 
 This section empowers the president to enter into mineral
agreements
 with contractor if the national interest so
 
requires.
The President may enter into agreements with foreign-
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and

Hence, it is beyond the power of the DENR Secretary to
utilization of minerals, petroleum, and other mineral oils withdraw lands from forest reserves and to declare the same
according to the general terms and conditions provided by as an area open for mining operations.
law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State Classification of minerals
shall promote the development
 and use of local scientific and No. Group Mineral
technical resources. xxx 1 First Group Metals or metalliferous ores
2 Second Group Precious stones
Four (4) modes of Exploration, Development and Utilization 3 Third Group Fuels
of Natural Resources (Shall be under the full control and 4 Fourth Group Saline and mineral waters
supervision of the State)
Building stone in place, clays,
5 Fifth Group
fertilizers and other non-metals
I. The state may directly undertake such activities
Definition of terms:
II. The state may enter into co-production, joint venture and
production sharing arrangement with Exploration – searching or prospecting for mineral resources by
a. Filipino citizen surveys, remote testing, etc. for the purpose of the existence,
extent, quantity, quality and feasibility of mining them for profit.
b. Corporation or association at least 60% of whose
capital is owned by such citizen.
 Development – work undertaken to explore and prepare on ore
It should not exceed
 25 years, renewable for not more body or a mineral deposit for mining, including the construction of
than 25 years
necessary infrastructure and related facilities.
III. Congress may, by law, authorize small-scale utilization of
Utilization – extraction or disposition of minerals
natural resources by Filipino citizen; (Congress may also
authorize cooperative fish farming, with priority to
subsistence fishermen and fish- workers in rivers, lakes, bays, Foreign owned corporation – Any juridical entity with less than
50% Filipino-owned capital
and lagoons.)
Qualified Person – any citizen of the Philippines with capacity to
IV. The President may enter into agreements with foreign-
contract, or a juridical entity with technical and financial capability
owned corporations involving either technical or financial
to undertake mineral resources development with at least 60%
assistance for large-scale EDU of minerals, petroleum, and
Filipino ownership
other mineral oils
 1. Individual
It should be based on real contributions to
the economic a. Must be a Filipino Citizen
 growth and general welfare of the country
b. Of legal age

In such agreements, the State shall promote the c. With capacity to contract
development
 and use of local scientific and technical 2. Juridical entity (corporation, partnership, cooperation
 resources. or cooperative)

The President shall notify the Congress of every contract a. Must be organized or authorized for the
entered under
 this provision, within 30 days from its purpose of engaging in mining
 execution. b. Duly registered in accordance with law

 Management
 and service contracts are not allowed under this c. 60% Filipino ownership
rule

Large-scale EDU
pertains to area covered and not the amount Abandonment is the actual relinquishment of right; giving-up
of investment. absolutely with intent never again to resume or claim one’s right
or interest.
Section 4: Ownership of Mineral Resources. Mineral resources
are owned by the State, and the exploration, development, 2 elements of abandonment:
utilization and processing thereof shall be under its full 1. INTENT to abandon a right or claim
control and supervision. The State may directly undertake 2. EXTERNAL ACT by which intention is expressed and carried
such activities or it may enter mineral agreements with out to that effect.
contractors.

 Mineral resources are BEYOND  the commerce of man. Thus, they
Thus, if a person is the owner of an agricultural land in which cannot be subject of patent.
minerals are discovered, his ownership of such land does not give
him the right to extract or utilize the said minerals
7
Section 19: Areas Closed to Mining Operations. 
1. In military and other government reservations Yes. The State may secure the aid of a foreign company. The
spirit of the law provides that although all minerals are
2. Near or under public or private buildings, cemeteries, owned by the State, given the inadequacy of Filipino
archeological and historical sites, etc. capital, it may secure the help of foreign corporation,
3. In areas covered by valid and existing mining rights PROVIDEDthat the State maintain its right of FULL
4. In areas prohibited by law CONTROL.
5. In areas covered by small-scale miners
6. Old growth or virgin forests, proclaimed watersheds, Are the agreements stated in the Constitution limited to only
forest reserves, etc. and in areas prohibited under NIPAS MPSA, JVA and CPA or FTAA?

Upon close reading of the Constitution, there is no express

  prohibition that restricts other agreements besides MPSA,
In general, these areas are closed to mining operations except
upon prior written clearance by government
 agency having JVA and CPA or FTAA. The phrase “the state may directly 
jurisdiction over such reservation.  undertake such activities, or it may enter into CPA, JV or
  
MPSA” and “either financial or technical assistance” DOES
 NOT restrict
A mining license is a mere privilege and does not vest  nor intend to exclude other modes of
absolute rights in the holder. Thus,it may be revoked by the assistance.
state if public interest so requires. 
 If the intent of the constitution is
to confine the agreements, it
would have restrict it otherwise.

Although BMG is vested with quasi-judicial power, it cannot Discuss degree of control
take cognizance of determining the validity of contract, since
it remains a judicial function and involves a judicial question. 
 The Constitution provides that the state must have FULL
control and supervision of the agreements, but full control and
 ownership does not mean control and supervision of
Findings of fact made by quasi-administrative body must be EVERYTHING. Degree of control must only be sufficient
respected as long as they are supported by substantial  to
enable the state to regulate the extractive enterprise.
evidence. The administrative decision in matters within the
exclusive jurisdiction can only be set asideon proof of gross
abuse of discretion, fraud or error of law.
Quarry Resources
Examples of permits issued under Philippine Mining Act 1. Quarry permit
1. Exploration Permit – grants the right to conduct 2. Sand and gravel permit
exploration for all minerals in a specified area. 3. Gratuitous permit
4. Guano permit
Initial term of exploration 5. Gemstone gathering permit
2 years
permit
Renewable Permit Section 76: Entry into Private Lands and Concession Areas. Subject
Non-metallic 4 years to prior notification, holders of mining rights shall not be
Metallic 6 years prevented from entry into private lands and concessions by
Extension* Not to exceed 2years surface owners xxx upon payment of just compensation
xxx and any damaged done shall be properly & justly
compensated.

*In case exploration permit expires prior to the approval
of the declaration of mining feasibility, the permit shall 
be deemed automatically extended until such time FTAA Easement of Right of Way – ownership will not vest to the
application is approved. owner of the mining area. They merely uses the area
 temporarily for the purposes of more convenient mining

 operations, in exchange of just compensation.
Exploration permit may be transferred or assigned to a 
qualified person subject to prior approval of the
Secretary.  
 Holders of mining right may invoke power of eminent domain.

 
Assignment or transfer of right and obligation of any
mineral agreement except FTAA is deemed Under Regalia Doctrine, minerals found in one’s land belong
automatically approved if not acted upon by the to the State and not to a private landowner. Nonetheless, a
Secretary within condition sine qua non is that prospecting, exploration,
30working days from OR date, unless discovery and location must be done in accordance with
patently illegal.
 the law. Omission or failure to comply with the condition
precedent means that its claim for surface rights and right of
2. Ore Transport Permit (OTP) – permit specifying the origin way will not mature, hence, it would
and quantity of non-processed mineral ores from mine site to  be to countenance illegal
trespass into private property.
warehouse.

 The absence of permit shall
be considered as prima facie Section 9, Article III of 1987 Constitution: Private property shall
evidence of illegal mining. not be taken for public use without just compensation.

OTP is not required for ore samples not exceeding 2
metric tons
to be used exclusively for assay and pilot test Issue: WoN taking under power of eminent domain for mining
purposes is for public use.

3. Mineral/Ore Export Permit (MOEP) - permit specifying the Held: Yes. Mining is for public use, since mining is an industry
origin and quantity of non-processed mineral ores from which is for public benefit. Hence, eminent domain may be
warehouse to ship. exercised.
La Bugal B’laan Tribal Association v. Ramos Types of mining disputes
1. Rights to mining area (any adverse claim, protest, or
May a foreign corporation hold exploration permit? opposition to an application for a mineral agreement)
 2. Mineral agreements, FTAAs or permit
Yes. A foreign corporation may hold exploration permit.
This is NOT unconstitutional because in fact, there is no 3. surface owners, occupants and claim holders/
express prohibition in the constitution prohibiting  concessionaires; and
 foreign/local contractors to hold exploration permits. 4. disputes pending before the Bureau at the date of
 effectivity of Phil. Mining Act
The right to conduct exploration is not tantamount to an
authorization to extract
 or carry off mineral resources that
may be discovered

May the State secure aid of foreign corporation in EDU?

8
Appeal 4. Destruction of mining structure
5. Mines arson
Panel Arbitrators 6. Willful damage to a mine
Composed of 3 members: 2 lawyers and 7. Illegal obstruction to permittes or contractors
1 licensed mining engineer in regional office 8. Violations of the terms of ECC
 9. Obstruction of government officials
Mines Adjudication Board (MAB) 10. Other violations
Composed of 3 members: DENR Secretary,
Director of MGB and USec for Operations


Court of Appeals


Jurisdiction is limited to purely administrative matter,
questions of fact or matters requiring
 the application of
technical knowledge and experience.


Since MAB is a quasi-judicial body, rules of evidence
prevailing in the court shall not be controlling. The board
shall use all reasonable means to ascertain the facts in each
case speedily and objectively without regard to technicalities

of law or procedure, all in the interest of due process.


Validity of mining contract is a question of law; it involves
exercise of judicial function; it requires
determination of what
the law is and the rights of the parties.


If ground for the annulment of a mining contract is due to
non-conformity with the terms and condition of the
agreement, it is purely civil innature, hence, it is within the
jurisdiction of regular courts.

ABC filed to Panel Arbitrators for an alleged dispute regarding

operating agreement against XYZ. Will the action prosper?

Held:

No. The action will not prosper. Panel arbitrators has exclusive
and original jurisdiction over the following disputes: (1) Those
involving rights to mining area; (2) those involving mineral
agreements or permit (3) those involving surface owners,
occupants and claim holders/ concessionaires; and (4) those
pending before the Bureau at the date of effectivity of Phil.
Mining Act.

Upon its nature, an operating agreement is not a “mineral

agreement,” because a mineral agreement requires that it be a
contract between the government and a contractor; nor it is a
“permit,” because permit pertains to exploration permit, quarry
permit and other mining permit.

Hence, being not a “mineral agreement” nor a “permit”, it is not

within the jurisdiction of panel arbitrators. It is a purely civil
contract between two private parties and under the jurisdiction
of regular courts.

Grounds for Cancellation, Revocation and Termination

1. Late or non-filing of requirements
2. Violation of terms and conditions
3. Non-payment of taxes and fees
4. Expiration of permits
5. Falsehood/omission of facts
6. Withdrawal from mineral agreement or FTAA

Penal Provisions
1. False statement
2. Illegal exploration
3. Theft of minerals
  
Elements of theft of minerals
i. The accused extracted, removed and/or
disposed the minerals
ii. These minerals belong to the government or
to other person
iii. The accused did not possess the required
permits or documents from DENR

In crimes punished by special laws, the act
alone, irrespective  of the motive,
constitutes the offense

9
 RA 8550: Philippine Fisheries Code Differentiate marginal v. subsistence fishermen:

Philippine water Marginal fishermen – an individual engaged in fishing
whose margin or return is barely sufficient to yield a
1. All waters within the Philippine Territory  profit.
2. Waters around, between an connecting the islands of the 
Subsistence fishermen – catch
 yields but irreducible
archipelago, regardless of its breadth and dimension minimum for his livelihood.
3. The territorial sea, the seabed, the subsoil, the insular shelves
and all other waters over which the Philippines has National Mapping & Resource Information Authority
sovereignty or jurisdiction (NAMRIA) – repository of all maps in the Philippines.
4. 200n.m. EEZ and the continental shelf.
Obligations of the coastal state
Section 2, Article XII of 1987 Constitution: 1. Ensure measures that the living resources are not subject to
“The state shall protect the nation’s marine wealth over-exploitation
and its archipelagic water, territorial sea, and exclusive 2. Promote optimum utilization of living resources
economic zone, and reserve its use and enjoyment exclusive for
Filipino Citizen.” 2 kinds of fishing:
1. Municipal fishing – 3 gross tons or less
In other words, Filipino subsistence or marginal 2. Commercial fishing
fishermen shall have “preferential right” over use and a. Small scale (3.1 to 20 GT)
exploitation of fishery and aquatic resources. b. Medium scale (20.1 to 150 GT)
c. Large scale (more than 150 GT)
However, in Tano v. Socrates, the “preferential right”
of the subsistence/marginal fishermen is NOT ABSOLUTE, since Limit of fishponds:
in accordance with the Regalian Doctrine, EDU of natural 1. 50 hectares – individual
resources shall be under full control and supervision of the 2. 250 hectares – corporation
state.

Section 2, Article XII aims primarily NOT TO BESTOW NO PERSON SHALL OPERATE A COMMERCIAL FISHING
VESSEL, OR ENGAGE IN FISHERY ACTIVITY WITHOUT FIRST
any right to subsistence fishermen but to lay stress on duty of SECURING A  LICENSE FROM DEPARTMENT OF
the state to protect the nation’s wealth. AGRICULTURE.

Application of RA 8550: 
ANY PERSON FOUND IN AREA WITHOUT  PERMIT OR
The law shall be enforced in: REGISTRATION FOR A FISHING VESSEL SHALL BE

a. all Philippine waters including other waters which the PRESSUMED ENGAGED IN UNAUTHORIZED FISHING.”
Philippine has sovereignty or jurisdiction; 
b. all aquatic and fisheries resources 
c. all lands devoted to aquaculture THERE IS AN AUTOMATIC CANCELLATION OF FISHPOND
LEASE AGREEMENT IF THE HOLDER ACQUIRES
CITIZENSHIP IN OTHER COUNTRY.
Maritime Zones according to United Nations Convention on Law of

the Seas (UNCLOS) 
THE ENTRY OF FOREIGN FISHING VESSEL IN THE
PHILIPPINE WATERS SHALL CONSTITUTE A PRIMA FACIE
1. Internal waters – all waters landward from baseline of the EVIDENCE OF UNAUTHORIZED FISHING (Penalty: fine, 
territory. According to the constitution, “the waters around, confiscation of catch, fishing equipment and fishing vessel)
between and connecting the archipelago. (Archipelagic 
waters)” 
SEARCH AND SEIZURE OF FISHING VESSEL WHICH
VIOLATED THE FISHERIES LAW IS AN EXCEPTION
 TO BILL
2. Territorial Sea – a belt of sea outwards from baseline up to OF RIGHTS – SEARCH WITHOUT WARRANT.
12n.m, in which the coastal state exerciser sovereignty.
LLDA v. CA
3. Contiguous Zone – Water not exceeding 24n.m. from 
baseline; exercises authority for customs, fiscal, immigration RA 4850 (1966) provides that Laguna Lake Development
or sanitation authority. Authority (LLDA) has exclusive jurisdiction to issue
permits for enjoyment of fishery and privilege in Laguna
de Bay; On the other hand, RA 7160 (1991) calls for the
4. Exclusive Economic Zone (EEZ) – Not more than 200n.m exclusiveauthority of municipality regarding issuance of
from baseline. The coastal state has rights & obligations  permits.
relative to the exploitation, management and preservation 
over the economic resources found within the zone. To harmonize, SC held that RA 7160 does not repeal the
provision of RA 4850. The charter of LLDA constitutes a
special law, while RA 7160 is a general law which cannot
Baseline - low-water line along the coast as officially recognized be construed to have repealed a special law. Power of
by the coastal State.  LLDA embodied a valid exercise of police power, while

LGU’s power is clearly granted for revenue purpose.
Straight baseline – drawn connecting selected points on coast
without appreciable departure from general shape of the coast. Hizon v. Court of Appeals

High seas – beyond territorial seas and not subject to the There is a presumption of guilt on the discovery of
substances and contaminated  fish in the possession of
sovereign of the coastal state.  fishermen in the fishing boat.

Continental Shelf – seabed/subsoil of submarine areas adjacent However, since it is only a prima facie evidence, the
accused is not precluded fromresenting his evidence to
to the coastal state but outside territorial sea up to depth of rebut the main fact presumed.
200meters or beyond.
Araneta v. Gatmaitan
Municipal waters – bodies of water within the municipality
which is not included within the protected areas, 15km from

If the Secretary has authority to regulate or ban fishing,
coastline. then, the president may exercise the same power under: (i)
 
Jurisdiction of municipal/city government
 Section 17, Article VII of 1987 constitution; and (ii)
  Supervision and control of President  over his executive
Under general welfare clause department under administrative code

Catch ceiling – limitations or quota on total quantity of fish

captured for a specific period of time and specified area based on
available evidence.
10
 RA 7586: NIPAS Act PD 972: Coal Development Act

What is NIPAS? What are the aims of the Coal Development Act?
National Integrated Protected Areas System (NIPAS)
is a system of classification and administration of designated Coal Development Act of 1976 aims to:
protected areas xxx to preserve genetic diversity. 1. promote an accelerated exploration, development,
exploitation, production and utilization of coal,
What are the protected areas? 2. encourage the participation of private sector with
1. Strict natural reserve sufficient capital, technical and managerial resources in
2. Natural park the exploitation and production of coal resources, and
3. Natural monument 3. upgrade the technical and financial capabilities of coal
4. Wildlife Sanctuary industry.
5. Protected landscape and seascape
6. Resource reserve 
Jurisdiction over
 coal development act shall be under Department of
7. Natural biotic areas Energy (DOE).
8. Other categories established by law 

DOE shall not accept any application or proposal for
contracts except
PICOP v. Base Minerals Corp. during competitive public contracting rounds/bids.
 There must be a classification that an area is considered as
 

 “protected area.” 
 Blocking system: each coal region shall be divided into
Without proclamation/classification pursuant  to law, prohibition meridional
 blocks or quadrangles containing 1,000 hectares
of mineral location will not be operational. or less.

Prohibited acts under NIPAS 
No person shall be entitled to more than 15 blocks of coal lands in
any coal region.
1. Hunting, destroying, disturbing, or mere possession of any 
plants or animals or products derived therefrom without a 
Exploration period under every coal operating contract
 shall be for
permit from the Management Board; 2 years. It may be extended for another 2 years.

2. Dumping of any waste products detriment to the protected 
area, or to the plants and animals or inhabitants therein; All materials, equipment, plants and other installations
movable in nature shall be properties of DOE if not removed
within 1 year after the termination of coal operating contract
3. Use of any motorized equipment without a permit from the
Management Board; EMINENT DOMAIN

4. Mutilating, defacing or destroying objects of natural beauty, Power of eminent domain may be invoked and exercised for
or objects of interest to cultural communities (of scenic the entry, acquisition and use of private lands for purposes of
coal exploration, development and  exploitation, upon prior
value); written notice to the surface owner.

5. Damaging and leaving roads and trails in a damaged TIMBER RIGHTS

condition; 
The operator may cut trees or timber within his coal contract
6. Squatting, mineral locating, or otherwise occupying any land;  as may be necessaryfor exploration, development and
exploitation of the area

7. Constructing or maintaining any kind of structure, fence or The operator granted with timber right shall be obligated to
perform reforestation
 works in accordance with the
enclosures, conducting any business enterprise without a regulations of FMB.
permit;
WATER RIGHTS
8. Leaving in exposed or unsanitary conditions refuse or 
debris, or depositing in ground or in bodies of water; and A coal operator shall also enjoy water rights necessary for the
 exploration, development and exploitation of is coal contract
area, BUT water rights already granted 
or legally existing

9. Altering, removing destroying or defacing boundary marks SHALL NOT THEREBY BE IMPAIRED.
or signs.

Terminologies:

"Protected Area" refers to 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" are identified areas outside the boundaries of and

immediately adjacent to designated protected areas pursuant to
Section 8 that need special development control in order to avoid
or minimize harm to the protected area;

"Indigenous cultural community" refers to a group of people

sharing common bonds of language, customs, traditions and other
distinctive cultural traits, and who have, since time immemorial,
occupied, possessed and utilized a territory;

11
 PD 1586: 
Once a project is implemented,
 the ECC remains valid and active for the
Philippine Environmental Impact Statement System  lifetime of the project

The ECC automatically expires if a project has not been
Principle of Sustainable Development - rational and orderly implemented within five (5) years from ECC issuance, or if the
balance between economic growth and environmental protection ECC was not requested for extension  within three (3) months
from the expiration of its validity.
What is PEISS?
Deciding Authority Appeal
PD 1586 otherwise known as Philippine Environmental EMB Regional Office Director EMB Central Office Director
Impact Statement Systems (1978) requires all instrumentalities of EMB Central Office Director DENR Secretary
the government and private entities to prepare an Environmental DENR Secretary Office of the President
Impact System (EIS) for every proposed Environmentally Critical
Projects (ECP), or projects located in an Environmentally Critical Area Paje, Secretary of DENR v. Casiño
(ECA), for every proposed project and undertaking which significantly
affect the quality of the environment and to justify why the project Is ECC a permit or license?
should be implemented.
No. ECC is not a permit. A “license” has been defined as “a
ECC v. CNC 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
Environmental Compliance Certificate (ECC) - document do so safely, or use property for a certain purpose.”
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 While a “permit” has been defined as “a license or other
 significant negative environmental impact. document given by an authorized public official or agency (building
 inspector, department of motor vehicles) to allow a person or
Certificate of Non-Coverage (CNC) – a certification issued by business to perform certain acts.”
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. 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
It should be noted however, that the issuance of an ECC does permit.
not preclude a project proponent from securing related
permits, such as sanitary, conversion, water, and building
permits, from concerned government  agencies under other Why do I need to know WoN ECC is a permit?
existing laws, rules and regulations.
In IPRA Law, it is necessary to secure a Certificate of Non-
ECA v. ECP 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.
Environmentally Critical Area (ECA) - area delineated as
environmentally sensitive such that significant environmental
Aside from DENR, may LGU issue ECC or CNC?
 impacts are expected if certain types of proposed projects
programs are located, developed or implemented in it.
 or

 No. PD 1586 provides that ECCs are issued only by the

Environmentally Critical Project (ECP) - project or program  that President of the Philippines or his duly authorized representative,
has high potential for significant negative environmental impact. which is DENR (DENR Secretary as Alter Ego of the President). A
delegated authority cannot be re-delegated.
EIS v. EIA
Thus, administrators of declared area management authorities
 and economic zones/industrial parks as well as LGUs do not have the
Environmental Impact Statement (EIS) - document, prepared and
submitted by the project proponent  and/or EIA Consultant that authority to issue ECC/CNC under P.D. 1586 unless otherwise
 serves as an application for an ECC. expressly delegated by the President of the Philippines

 Initial Environmental Examination (IEE) Report
 - document similar to
an EIS, but with reduced details and depth of Identify if issuance of the following are ministerial duty:

assessment and discussion.
 
I. ECPs in ECA or NECA: EIS ECC
 a. CNC – Yes. Issuance of CNC is a ministerial duty upon
II. NECA in ECA: IEE ECC application of the proponent.
III. NECPs in NECA: CNC
b. ECC – NO. Issuance of ECC is NOT a ministerial duty
A. Environmentally Critical Projects
I. Heavy Industries
It is important to know the nature of ECC/CNC whether it is
II. Resource Extractive Industries
a ministerial duty because it is one of the element of the judicial
III. Infrastructure Projects writ of Mandamus, to wit:
B. Environmentally Critical Areas
1. Petitioner must show a clear legal right to the act
1. NIPAS
demanded;
2. Aesthetic potential tourist spots;
2. Respondent must have a duty to perform the act
3. Habitat for any endangered or threatened species mandated by law;
4. Historic, archaeological, or scientific interests;
5. Occupied by cultural communities or tribes;
3. Respondent unlawfully neglect the performance of the
6. Frequently visited and/or hard-hit by natural calamities duty enjoined by law;
7. Critical slopes areas;
8. Prime agricultural lands;
4. The act to be performed is ministerial and not
9. Recharged areas of aquifers; discretionary; and
10. Water bodies
11. Mangrove areas
5. There is no other plain, speedy and adequate remedy in
12. Coral reefs the ordinary course of law.
 To tell whether the act may be compelled by Mandamus, the
The outcome of the EIA Process within the system administered by
 the  Decision documents
DENR is the issuance of decision documents. duty must be first ministerial. A duty is ministerial if it is the
may either be an ECC, CNC or a Denial Letter. official duty of a public officer required by direct and positive
 command of the law wherein the officer has no room for the
The decisions on applications shall be made within prescribed
timelines within the control of DENR, otherwise, the application exercise of discretion.
shall be deemed automatically approved, with the issuance of the
approval document within five  (5) working days from the time
the prescribed period lapsed.

12
 RA 8749: Philippine Clean Air Act PAB or LGU requiring determination of intricate matters of
facts.
What is Philippine Clean Air Act?
Citizen Suit
Philippine Clean Air Act of 1999 outlines the
government's measures to reduce air pollution and incorporate 
Any citizen may file an appropriatecivil, criminal or administrative
environmental protection into its development plans. action in the proper court against:

Definition of terms 1. Any person who violates or fails to comply with the
provision of the Clean Air Act
Air pollutant – any matter found in the atmosphere other than the
inert gases in their natural or normal concentrations that is 2. The Department or other implementing agencies with
detrimental to health or environment respect to orders, rules and regulations issued
inconsistent with Clean Air Act.
Air pollution – any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge that 3. Any public officer who willfully or grossly neglects the
will likely to create or render the air resources harmful, performance of an act.
detrimental or injurious to public health.
Suits and Strategic Legal Actions against Public Participation
Ambient air – the general amount of pollution present in a broad (SLAPP)
area; and refers to the atmosphere’s average purity as
distinguished from discharge measurements taken at the source 
of pollution. 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
Incineration – process of burning of municipal bio-medical and complained about, it shall be the duty of the investigating
hazardous wastes, which emits poisonous and toxic fumes. prosecutor or the court, as the case may be, to immediately
However, prohibition on incineration does not apply to sanitation determine within 30 days, whether the said legal action has
“siga”, traditional, agricultural, health and food preparation and been filed to harass, vex, exert undue pressure
 or stifle such
crematoria. (Atty. USec: Jurisprudence held that incineration is legal recourses of the person complaining.
not at all prohibited, provided that it meets the standard)
Gross violation
Will mandamus prosper to compel PUVs to used natural gas  
as alternative fuel? Gross violation against clean air act shall mean:

NO. Mandamus will not prosper to compel PUVs to use a. three (3) or more specific offenses within a period of (1)
natural gas as alternative fuel in the absence of specific law on year
the matter. The legislature should provide first the specific
statutory remedy to the complex environmental problems b. three (3) or more specific offenses within three (3)
before any judicial recourse by mandamus is taken. consecutive years;

Regulation of Vehicles and Engines 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
Any imported new or locally-assembled motor vehicle shall
not be registered unless it complies with the emission operation; and
standards
 set, as evidenced by Certificate of Conformity
(COC).
 d. irreparable or grave damage to the environment as a
 consequence of any violation or omission of the
No motor vehicle registration (MVR) shall be issued unless such provisions of this Act.
motor vehicle passes the emission testing requirement.
According to USec Leones:
Prohibition on smoking
Application of Exhaustion of Administrative Remedies

Section 10 of Clean Air Act: Smoking inside a public building 
 
or an enclosed public place, including public vehicles and PD 1586: EAR shall apply
other means of transport, or in any other enclosed area 
Clean Water Act/Clean Air Act: EAR does not apply, since 
outside one’s private residence, private place of work or any jurisdiction on the matter is vested on a quasi-judicial body.
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.


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

13
 RA 9275: Clean Water Act
What is Clean Water Act?
 
Clean Water Act of 2004 aims to protect the country’s 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.
 
It covers ALL types of bodies of water
 National Solid Waste Management Commission (NSWMC) shall
 shall be composed  of 14 government agencies and 3 members
All owners or operators of facilities that discharge
wastewater are required
 to get a permit to discharge from
the DENR or LLDA
 Definition of terms
 Collection - shall refer to the act of removing solid waste from the
Anyone discharging wastewater
 into a water body shall have to pay
a wastewater charge.
Definition of 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.
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.
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.
RA 9003: Ecological Solid Waste Management Act
What is 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.

implement the Ecological Solid Waste Management Act which
from private sector.
source or from a communal storage point;
Composting - shall refer to the controlled decomposition of organic
matter by micro-organisms, mainly bacteria and fungi, into a humus-
like product;
Ecological solid waste management - shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment,
and disposal of solid waste and all other waste management activities
which do not harm the environment;
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 non-
hazardous/non-toxic solid waste.
Solid Waste Management Procedure

Segregation of wastes shall begin in the household, institutional,
industrial, commercial and agricultural sources, which shall be
 segregated into “compostable”,
“special type of waste”.
 “non-recyclable”, “recyclable” or

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 practice
or 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 [1]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;
[2]Open burning of solid wastes, et. al.
14
 RA 6969: Toxic Substances and
Hazardous and Nuclear Wastes Control Act
What is Toxic Substances and Hazardous and Nuclear Wastes
Control Act?
Toxic Substances and Hazardous, and Nuclear
Wastes Control Act of 1990: (1) regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use and
disposal of chemical substances and mixtures that present
unreasonable risk and/or injury to health or the environment; (2)
prohibit the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the Philippine territorial limits for
whatever purpose; and (3) provide advancement and facilitate
research and studies on toxic chemicals.
TSHNWCA shall cover the importation, manufacture,
processing, handling, storage, transportation, sale, distribution,
use and disposal (from cradle to grave) of all unregulated
chemical substances and mixtures in the Philippines, including the
entry even in transit, as well as the keeping or storage and disposal
of hazardous and nuclear wastes into the country for whatever
purposes.
There is an Inter-agency Technical Advisory Council
attached to the Department of Environment and Natural Resources
which shall be composed of one (1) chairman and ten
(10) members: Secretary of DENR as Chairman, and Secretary of
DOH, Director of PNRI, Secretary of DTI, Secretary of DOST,
Secretary of DND, Secretary of DFA, Secretary of DOLE, Secretary
of DOF, Secretary of DA, Representative from NGO from Health and
safety as members
Section 13 of TSHNWCA enumerates the following as
Prohibited Acts:
a. Knowingly use in chemical substance or mixture which is
imported, manufactured, processed or distributed in
violation of this Act or implementing rules and regulations or
orders;
b. Failure or refusal to submit reports, notices or on the
information, access to records as required by this Act, or
permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and
pre-importation requirements (Meaning, there must be
import clearance before entry of any chemical substances to the
Philippines); and
d. Cause, aid or facilitate, directly or indirectly, in the
storage, importation or bringing into Philippine territory,
including its maritime economic zones, even in transit, either
by means of land, air or sea transportation or otherwise
keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines
Definition of Terms:
Hazardous substances are substances which present either:
1. short-term acute hazards such as acute toxicity by ingestion,
inhalation or skin absorption, corrosivity or other skin or eye
contact hazard or the risk of fire or explosion; or
2. long-term environmental hazards, including chronic toxicity
upon repeated exposure.
Hazardous wastes are substances that are without any safe
commercial, industrial, agricultural or economic usage and are
shipped, transported or brought from the country of origin for
dumping or disposal into or in transit through any part of the
territory of the Philippines.
Nuclear wastes are hazardous wastes made radioactive by
exposure to the radiation incidental to the production or
utilization of nuclear fuels but does not include nuclear fuel, or
radioisotopes which have reached the final stage of fabrication so
as to be usable for any scientific, medical, agricultural, commercial,
or industrial purpose.
Kinds of list of chemicals as provided by TSHNWCA:
1. Philippine Inventory of Chemicals & Chemical Substances
(PICCS) – list of all allowed chemical substances.
2. Philippine Priority Chemical List (PPCL) – list of
prohibited chemical substances
RA 7076:
People’s Small-Scale Mining Act of 1991
What is People’s Small-Scale Mining Act?

People’s Small-Scale Mining Act of 1991 enshrines the rights of
small scale miners, and authorized Mining Regulatory Board
directly under DENR Secretary’s control and supervision to
declare and set aside people's small-scale mining areas in sites
onshore suitable for small-scale mining, immediately giving
priority to areas already occupied and actively mined by small-
 scale miners before August 1, 1987;

 
Exceptions
a. such areas are not considered as active mining areas;
b. the minerals found therein are technically and
commercially suitable for small-scale mining activities:
c. the areas are not covered by existing forest rights or
reservations and have not been declared as tourist or
marine reserves, parks and wildlife reservations, unless
their status as such is withdrawn by competent authority,

 
Suitable areas for small- scale mining:
a. Areas already occupied and actively mined by small-scale
miners before August 1, 1987Public lands not subject to any
existing right,
b. Public lands not subject to any existing rights
c. Public lands covered by existing mining rights which are
not active mining areas, and
d. Private lands, except those with substantial improvements or
used as a yard, stockyard, garden, plant nursery, plantation,
cemetery or burial site; or land situated within one hundred
meters (100 m.) from such cemetery or burial site, water
reservoir or a separate parcel of land with an area
often thousand square meters (10,000sq.m.) or less.
e. Ancestral lands with prior consent of the cultural
communities
f. Areas occupied by a community of traditional small-scale
miners, subject to approval of the said community

No ancestral land may be declared as a people's small-scale
mining area without the prior consent of the cultural
communities concerned: Provided that, if ancestral lands are
declared as people's small-scale mining areas, the members of
the cultural communities therein shall be given priority in the
awarding of small-scale mining contracts; provided further that
royaltiesshall be paid to them by the parties to the mining
contract.


Small-scale miners have easement rights to mining and logging
roads, private roads, port and communication facilities,
processing plant which are necessary for the effective
implementation of the People's Small-scale Mining Program,
subject to payment of reasonable fees to the operator, claim
owner, landowner or lessor of the property.


In no case shall a small-scale
 mining contract be subcontracted, assigned
 or otherwise transferred.

A contract shall have a term of two (2) years, renewable subject to
 verification  as long as the contractor
by the Board for like periods
complies with the provisions of the act.

The small-scale mining contractor shall be the owner of all mill
 the tailings or
 tailings produced from the contract area. He may sell
have them processed in any custom mill in the area

All golds shall be sold to the Central Bank, or its duly
authorized representatives, which shall buy it at prices
 competitive with those
of volume or weight
 prevailing in the world market regardless

Royalty of
private land owner shall not exceed 1% of the gross value of
minerals
Definition of Terms:
Small-scale mining refers to mining activities which rely heavily on
manual labor using simple implements and methods and do not use
explosives or heavy mining equipment.
Small-scale miner refers to Filipino citizens who, individually or in
the company of other Filipino citizens voluntarily form a cooperative
duly licensed by the Department of Environment and Natural
Resources to engage, under the terms and conditions of a contract, in
the extraction or removal of minerals or ore-bearing materials from
the ground
15
 Cartagena Protocol Rotterdam Convention

What is Cartagena Protocol? What is Rotterdam Convention?

The Cartagena Protocol on Biological Diversity is an
international treaty governing the movements of living modified
organisms (LMOs) from one country to another, and seeks to protect
biological diversity from the potential risks posed by genetically
modified organisms resulting from modern biotechnology.
Living Modified Organism (LMO)/ Genetically Modified
Organism (GMO) – any living organism that possesses a novel
combination of genetic material obtained through the use of modern
biotechnology. Overall, the term 'living modified organisms' is
equivalent to genetically modified organism – the Protocol did not
make any distinction between these terms and did not use the term
'genetically modified organism.'
Biosafety Clearing-House (BCH) – an information-
exchange mechanism that provides open and easy access to key
information about LMOs
Salient Feature: The parties shall ensure that the
development, handling, transport, use, transfer and release of any
living modified organisms are undertaken in a manner that prevents
or reduces the risks to biological diversity, taking also into account
risks to human health.
Rotterdam Convention on the Prior Informed
Consent Procedure for Certain “Hazardous Chemicals and
Pesticides” in International Trade is a multilateral treaty to
promote shared responsibilities in relation to importation of
hazardous chemicals. The convention promotes open exchange of
information and calls on exporters of hazardous chemicals to use
proper labeling, include directions on safe handling, and
inform purchasers of any known restrictions or bans.
Signatory nations can decide whether to allow or ban the
importation of chemicals listed in the treaty, and exporting
countries are obliged to make sure that producers within their
jurisdiction comply.
The Convention promotes the exchange of information
on a very broad range of chemicals. Basically, the convention is
about the proper labelling of chemicals.

Basel Convention Montreal Protocol

What is Basel Convention? What is Montreal Protocol?

The Basel Convention on the Control of Transboundary
Movements of “Hazardous Wastes” and Their Disposal is an The Montreal Protocol on Substances that Deplete
international treaty that was designed to reduce the movements of
the Ozone Layer (a protocol to the Vienna Convention for the
hazardous waste between nations, and specifically to prevent transfer
Protection of the Ozone Layer) is an international treaty designed
of hazardous waste from developed to less developed countries
(LDCs). It does not, however, address the movement of radioactive to protect the ozone layer by phasing out the production of
waste. numerous substances that are responsible for ozone depletion.
Hazardous wastes are substances which are either (1)
explosive, (2) flammable, (3) toxic or (4) corrosive. Those Due to its widespread adoption and implementation it
substances/wastes that did not fall on the category is defined as or has been hailed as an example of exceptional international co-
considered to be a hazardous waste under the laws of either the operation, with Kofi Annan quoted as saying that "perhaps the
exporting country. (see RA 6969) single most successful international agreement to date has been
Atty Usec: As a general rule, no one is permitted to export the Montreal Protocol". In comparison, effective burden sharing
hazardous waste. Exception: exporter without treatment facility. In and solution proposals mitigating regional conflicts of interest
other words, if an exporter already have a treatment facility, they are have been among the success factors for the Ozone depletion
no longer allowed to export hazardous waste. challenge, where global regulation based on the Kyoto Protocol has
There are 2 options in resolving the wastes exported from failed to do so.
Canada to the Philippines: (1) ship it back to the source country, as per
Basel Convention; or (2) if there is no way to ship it back, or if would Chlorofluorocarbons (CFCs) – ozone depleting substance
not be convenient or economical, or if it would cause more harm to the
environment, the concerned State should sit down, discuss the
problem and come up with a solution. In the case at bar, it would be
economical to bury the waste and promulgate a more stringent rules
on importation.

Stockholm Convention Kyoto Protocol

What is Stockholm Convention? What is Kyoto protocol?

Stockholm Convention on Persistent Organic Pollutants
is an international environmental treaty, signed in 2001 and effective The Kyoto Protocol is an international treaty, which
from May 2004, that aims to eliminate or restrict the production and extends the 1992 United Nations Framework Convention on
use of persistent organic pollutants (POPs).
Climate Change (UNFCCC) that commits State Parties to reduce
Persistent Organic Pollutants (POPs) are chemical greenhouse gases emissions, based on the premise that (a) global
substances that persist in the environment, bio-accumulate through warming exists and (b) man-made CO2 emissions have caused it.
the food web, and pose a risk of causing adverse effects to human
health and the environment.
The Stockholm Convention is perhaps best understood as
having five essential aims:
1. Eliminate dangerous POPs, starting with the 12 worst
2. Support the transition to safer alternatives
3. Target additional POPs for action
4. Cleanup old stockpiles and equipment containing POPs
5. Work together for a POPs-free future

12 worst chemicals

No. Chemical Name No. Chemical Name

1 Aldrin 7 Mirex
2 Chlordane 8 Toxaphene
3 Dieldrin 9 Polychlorinated biphenyls (PCBs)
4 Endrin 10 DDT
5 Heptachlor 11 Polychlorinated dibenzo-p-dioxins
("dioxins") and polychlorinated
dibenzofurans
6 Hexachlorobenzene 12 Hexachlorobenzene

16