lOMoARcPSD|9752915

Natural resources Reviewer for law student

Juris Doctor Degree (Western Mindanao State University)

Scan to open on Studocu

Studocu is not sponsored or endorsed by any college or university

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 lOMoARcPSD|9752915

PHILIPPINE FISHERIES CODE OF ‡ &RQWLJXRXV =RQH LV DQ DUHD RI ZDWer
1998 not exceeding 24 nautical miles from the
baseline
RA 8550 enacted on 17 February 1998
law providing for the development & ‡ ([FOXVLve Economic Zone is an area
conservation of fisheries & aquatic extending not more than nautical miles
resources beyond the baseline

RA 10654 act to prevent, deter & ‡ &RQWLQHQWDO 6KHOI UHIHUV WR WKH VHDbed
eliminate unreported & unregulated and subsoil of submarine areas adjacent
fishing. Repealed Chapter VI of RA to coastal state but outside the territorial
8550. sea to a depth of 2001meters or beyond
that to where depth allows exploitation &
POLICY CONSIDERATIONS seabed and subsoil of areas adjacent to
‡ To achieve security; islands.
‡ To limit access of fishery & aquatic
resources for exclusive use & OBLIGATIONS OF COASTAL STATES
HQMR\PHQW RI )LOLSLQR FLWL]HQV ‡ 7R
protect rights of fisherfolks; ‡7KH\Pust ensure that living resources
‡ To provide support to fishery sector; of EEZ are not over exploited. They
‡ To manage fishery & aquatic have duty to maintain and restore fish
resources using an ecosystem population at levels which produce
based approach maximum sustainable yield.
‡ To grant private sector privilege to
use fishery resources as partner of ‡ 7KH\ PXVW SURPRWH REMHFWLYH RI
State in sustainable development & optimum utilization of living resources.
protection of aquatic resources They must determine the allowable
catch of living resources & grant other
APPLICATION OF LAW States access if they don¶t have
capacity to harvest allowable catch.
‡ all Philippine waters, the country's
200 nautical mile EEZ & continental USE OF PHILIPPINE WATERS
shelf all aquatic & fishery resources;
‡ all aquatic & fisheries resources; ‡ 6HF  $UW ;,, RI  &RQVWLWXWLRQ
‡ all lands devoted to aquaculture provides that the use and exploitation of
whether private or public land; fishery and aquatic resources shall be
‡ all Philippine flagged fishing vessels reserved exclusively for Filipinos.

INTERNAL WATERS, EEZ, ‡$UWRIWKH81&RQYHQWLRQRQWKH

CONTINENTAL SHELF Law of the Seas mandates States to
protect & preserve the marine
‡,QWHUQDOwaters include waters around. environment.
& connecting the islands Of archipelago:
‡7HUULWRULDO6HDLVDEHOWRIVHDIURPWKH ‡ &KLQD YLRODWHG 81&/26 ZKHQ LW
baseline up to 12 nautical miles beyond constructed artificial islands in Spratly's
it harmed the coral reef environment.

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 lOMoARcPSD|9752915

‡&KLQDDOVRYLRODWHG3KVRYHUHLJQULJKWV vessels of 3 tons or less, or fishing not

in its EEZ by interfering with Ph fishing requiring the use of fishing vessels.
& petroleum exploration, constructing
artificial islands & failure to prevent ACCESS TO FISHERY RESOURCES
Chinese fishermen from fishing in EEZ.
‡ '$ VKDOO LVVXH VXFK QXPEHU RI
DEFINITION OF TERMS licenses & permits for the conduct of
fishery activities subject to the limits of
‡ $TXDFXOWXUH-fishery operations the maximum sustainable yield as
involving all forms of raising & culturing determined by scientific studies or best
fish in fresh, brackish & marine water available evidence.

‡ $TXDWLF 5HVRXUFHV-includes fish, all ‡'$6HFUHWDU\PD\SUHVFULEHOLPLWDWLRQV

other aquatic flora & fauna & other living or quota on total quantity of fish
resources of the aquatic environment captured for a specified of time &
specified area based on available
‡ &DWFK &HLOLQJV-annual catch limits evidence. Catch may be imposed per
allowed to be taken or harvested from species of fish.
any fishing area
‡ '$ 6HFUHWDU\ PD\ GHFODUH WKUX SXEOLF
‡ &RPPHUFLDO )LVKLQJ-taking of fishery notice a closed season in any or all Ph
species by passive or active gear for waters outside the boundary of
trade, business or profit beyond municipal waters and bays for
subsistence or sports fishing conservation & ecological purposes.

‡ &RUDOV-hard calcareous substance BUREAU OF FISHERIES & AQUATIC

made up of the skeleton of marine RESOURCES (BFAR) FUNCTIONS
coelenterate polyps which includes
reefs, shelves & atolls or any of the ‡ 3UHSDUH  LPSOHPHQW &RPSUHKHQVLYH
marine coelenterate animals living in National Fisheries Industry & Devt Plan
colonies where their skeletons form a ‡ ,VVXH OLFHQVHV IRU RSHUDWLRQ RI
stony mass; commercial fishing vessels

‡&RUDO5HHI-natural aggregation of coral ‡ 0RQLWRU  UHYLHZ MRLQW ILVKLQJ

skeleton with or without living coral agreements between Fil citizens &
polyps, occurring in intertidal and sub- foreigners who conduct fishing activities
tidal marine waters. in international waters

‡)LVKHUIRON-people directly or personally ‡ ,PSOHPHQW LQVSHFWLRQ V\VWHP IRU

& physically engaged in taking &/or import & of fishery aquatic products to
culturing & processing fishery &/or ensure product quality & safety
aquatic resources
‡ 'HYHORS YDOXH DGGHG ILVKHU\ SURGXFWV
‡ 0XQLFLSDO )LVKLQJ-refers to fishing for domestic consumption & export
within municipal waters using fishing

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 lOMoARcPSD|9752915

‡ $GRSW implement a national plan of ‡ 1R FRPPHUFLDO ILVKLQJ YHVVHO OLFHQVH

action to manage fishing capacity, shall be issued except to citizens of Ph.
implement code of conduct for partnerships or operatives or
responsible fishery; corporations duly registered in Ph at
least60% of capital stock is owned by
‡+HDU GHFLGHDGPLQLVWUDWLYH Ph citizens. Such cannot to unqualified
persons
‡,QLWLDWHFULPLQDOSURVHFXWLRQRIRIIHQVHV
committed in violation of this Code ‡ )LVKLQJ YHVVHOV UHJLVWHUHG LQ 3K PD\
regardless of situs operate in international waters but they
must secure international fishing permit
MUNICIPAL FISHERIES and certificate of clearance from DA.
Catch not subject to import duties when
‡ 7KH PXQLFLSDOFLW\ JRYHUQPHQW VKDOO landed in Ph Aquaculture
have jurisdiction over municipal waters.
The LGU in coordination with FARMC ‡ 3XEOLF ODQGV VXFK DV WLGDO VZDPSV
may enact appropriate ordinances mangroves, marshes, foreshore lands &
subject to review by Sanggunian. ponds suitable for fishery operations
shall not be disposed or alienated.
‡'XO\UHJLVWHUHGILVKHUIRONRUJDQL]DWLRQV
or cooperatives shall have preference in ‡ )LVKSRQG OHDVH DJUHHPHQWV )/$V 
the grant of fishery rights by the may be issued for public lands available
municipal/city council. for fishpond development to qualified
fisherfolk cooperatives/associations.
PREFERENTIAL RIGHT NOT
ABSOLUTE AQUACULTURE

‡ ,Q 7DQR YV 6RFUDWHV *5   ‡ 3XEOLF ODQGV VXFK DV WLGDO VZDPSV
validity of ordinance making it unlawful mangroves, marshes, foreshore lands &
to ship out of Puerto Princesa live fish ponds suitable for fishery operations
and lobster for being violative of their shall not be disposed or alienated.
right to livelihood
‡ )LVKSRQG OHDVH DJUHHPHQWV )/$V 
‡ 6& XSKHOG RUGLQDQFH VD\LQJ WKDW may be issued for public lands available
preferential right of marginal fishermen for fishpond development to qualified
is not absolute and imply restrictions for fisherfolk cooperatives/associations.
the protection, development &
conservation of aquatic resources. CONDITIONS FOR LEASE OF
FISHPONDS
COMMERCIAL FISHERIES
‡ $UHDV not more than 50 hectares for
‡ &RPPercial fishing, pearl fishing, or individuals & 250 hectares for
fishing vessel tor scientific, research or corporations
educational purpose require license
from DA

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 lOMoARcPSD|9752915

‡ /HDVH SHULRG 2I  \HDUV UHQHZDEOH breed or culture fish, fry or fingerlings or
for another 25 years, transferrable to any fishery species or products or
heirs construct & operate fish corals, fish
traps, fish pens, cages or fishponds
‡/HDVHUDWHVIL[HGE\'$ without license or permit

‡ $UHD OHDVHG VKDOO EH GHYHORSHG EXW ‡ )DLOXUH WR VHFXUH ILVKLQJ SHUPLW IURP
area not fully producing within 5 years DA and authorization from costal state
from approval shall revert to public prior to engaging in distant water fishing
domain for reforestation. such as high seas, territorial seas,
archipelagic waters, EEZ.
‡ )LVKSRQG VKDOO QRW EH VXEOHDVHG LQ
whole or in part, otherwise FLA will be ‡ 8QUHSRUWHG )LVKLQJ-failure to comply
cancelled with reportorial requirements of
commercial fishing vessel
‡ 7UDQVIHU RU DVVLJQPHQW RI ULJKWV
subject to prior written approval of DA ‡ 8QUHJXODWHG )LVKLQJ-it is unlawful for
any person to engage in unregulated
‡/HVVHHVKDOOXQGHUWDNHUHIRUHVWDWLRQRI fishing in waters within & beyond
river, seashore fronting dike of fishpond national jurisdiction
‡ /HVVHH VKDOO SURYLGH IDFLOLWLHV WKDW
minimize environmental pollution. ‡3RDFKLQJLQ3KZDWHUV-it is unlawful for
any foreign person, corporation or entity
FISHING RESERVES, REFUGE & to fish or operate any fishing vessel in
SANCTUARIES Ph waters.

‡ '$ PD\ GHVLJQDWH DUHD EH\RQG  ‡ )LVKLQJ WKUX H[SORVLYHV QR[LRXV RU
kilometers from shoreline as fishery poisonous substance or electricity.
reservation for educational, research &
scientific purposes. ADMINISTRATIVE ADJUDICATION

‡ '$ PD\ HVWDEOLVK ILVK UHIXJH  ‡ '$ LV HPSRZHUHG WR LPSRVH WKH
sanctuaries and set aside area for administrative fines & in the Code thru
cultivation of mangroves to strengthen an Adjudication Committee
the habitat & spawning grounds of fish.
No commercial fishing shall be allowed ‡'$$GMXGLFDWLRQ&RPPLWWHHKDVSRZHU
in this area to issue cease & desist orders & to
summarily eject holder of FLA or other
PROHIBITIONS & PENALTIES holders of permits or license

‡ 8QDXWKRUL]HG )LVKLQJ-fishing without ‡ %)$5 'LUHFWRU RU UHSUHVHQWDWLYH PD\

license from DA or LGU. Fishing for issue notice of violation & order of fish
daily sustenance not covered. or aquatic illegally caught & equipment
used
‡8QDXWKRUL]HG)LVKHU\$FWLYLWLHV-it Shall
unlawful to exploit, occupy, produce,

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 lOMoARcPSD|9752915

‡07& 57&FDQQRWLVVXHLQMXQFWLRQV 
restraining orders against BFAR in the
performance of its functions

SEIZURE WITHOUT WARRANT OF

FISHING VESSELS BREACHING
FISHERY LAWS

‡ 6HDUFK  VHL]XUH ZLWKRXW VHDUFK

warrant of fishing vessels & boats
breaching fishery laws is exempt from
SW requirement. Vessels are powered
by high speed motors that enable them
to escape.

‡,Q5ROGDQYV$UFD -XO\), crew

of fishing vessel was caught in flagrante
illegally fishing with dynamite and
without license, their apprehension
without warrant of arrest while
committing a crime was lawful. Seizure
of vessel & equipment was valid as
incident to lawful arrest

‡ ,Q +L]RQ YV &$  'HFHPEHU  

warrantless search on fishing boat
suspected of having engaged in illegal
fishing was held valid. Fish & other
evidence seized were admitted by trial
court.

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 lOMoARcPSD|9752915

WATER CODE OF THE PHILIPPINES ‡ WKH XWLOL]DWLRQ H[SORLWDWLRQ

(PD NO. 1067) development, conservation and
protection of water resources shall be
‡,WZDVHQDFWHG'HFHPEHU subject to the control and regulation of
the government through the National
‡ LV WKH ODZ JRYHUQLQJ WKH RZQHUVKLS Water Resource Council, hereinafter
appropriation, utilization, exploitation, referred to as the Council.
development, conservation and
protection of water resources and rights ‡SUHIHUHQFHLQWKHXVHDQGGHYHORSPHQW
to the land related thereto. of waters shall consider concurrent
usages and be responsive to the
OBJECTIVES changing needs of the country

‡ WR HVWDEOLVK WKH EDVLF SULQFLSOHV DQG APPROPRIATION OF WATERS

framework relating to appropriation,
control and control and conservation of ‡LVWKHDFTXLVLWLRQRIULJKWVRYHUWKHXVH
water resources to achieve optimum of waters or the taking or diverting of
development and rational utilization of waters from a natural source in the
these resources. manner and for any purpose allowed by
law
‡ WR GHILQH WKH H[WHQW RI WKH ULJKWV DQG
obligation of water users and owners ‡ 7KH RZQHU RI WKH ODQG ZKHUH ZDWHU LV
including the protection and regulation found may use it for domestic purpose
of such rights. without securing a permit, provided that
such use shall be registered when
‡ WR DGRSW EDVLF ODZ JRYHUQLQJ WKH required by the Council.
ownership appropriation, utilization,
exploitation, development, conservation, PURPOSE OF APPROPRIATION
and protection of water resources and
rights to land related thereto ‡'RPHVWLF0XQLFLSDO
‡0XQLFLSDO
‡ WR LGHQWLI\ WKH DGPLQLVWUDWLYH DJHQFLHV ‡,UULJDWLRQ
which will enforce the Code. ‡3RZHU*HQHUDWLRQ
‡/LYHVWRFN5DLVLQJ
UNDERLYING PRINCIPLES ‡,QGXVWULDO
‡5HFUHDWLRQDO
‡DOO waters belong to the State.
‡ DOO ZDWHUV WKDW EHORQJ WR WKH 6WDWH NATIONALITY REQUIREMENT
cannot be the subject acquisitive
prescription ‡ 2QO\ FLWL]HQV RI 3K, of legal age, and
juridical persons 60% of capital is
‡ WKH 6WDWH PD\ DOORZ WKH XVH RU owned by Filipinos are qualified to
development of waters by administrative exploit and develop water resources and
concession thus may be given water permits.

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 lOMoARcPSD|9752915

‡ +RZHYHU QDWLRQDOLW\ UHTXLUHPHQW unauthorized sale of water; willful failure

applies only to grant of' water permits for or refusal to comply with rules &
the privilege to appropriate & use water regulations; pollution, public nuisance or
and refers to extraction of water directly acts detrimental to public health &
from natural source safety; when appropriator is found to be
disqualified
‡ 2QFH ZDWHU LV UHPRYHG IURP QDWXUDO
source, they cease to be part of natural ORDER OF PREFERENCE IN USE OF
resource and may be subject of ordinary WATERS
& can be acquired by foreigners.
‡'RPHVWLFDQGPXQLFLSDOXVH
‡,Q,'($/6YV36$/0WKH6&KHOGWKDW ‡,UULJDWLRQ
hydropower generation by foreign ‡3RZHUJHQHUDWLRQ
entities is not constitutionally prohibited. ‡)LVKHULHV
‡$IRUHLJQFRPSDQ\PD\QRWEHVDLGWR ‡/LYHVWRFNUDLVLQJ
be appropriating our natural resources if ‡,QGXVWULDOXVH
it utilizes the waters ‡2WKHUXVHV

‡ 6LQFH 13& UHPDLQV LQ FRQWURO Rf the LEGAL EASEMENTS RELATING TO

operation of dam by virtue of water WATERS
rights granted to it, there is no legal
impediment to foreign companies ‡1DWXUDOGUDLQDJHRIODQGV $UW 
undertaking generation of electric power ‡1DWXUDOGUDLQDJHRIEXLOGLQJV $UW 
using waters already appropriated by ‡ (DVHPHQW RQ ULSDULDQ EDQNV IRU
NPC, the holder of the water permit. navigation, flotage, fishing & salvage
(Art 638) Easement of a dam (Arts 639,
WATER RIGHTS & PERMITS 647)
‡ (DVHPHQW IRU GUDZLQJ ZDWHU RU IRU
‡Water right is the privilege granted by ZDWHULQJ‡DQLPDOV $UWV 
government to appropriate & use water ‡ (DVHPHQW RI DTXHGXFW Arts 643-646)
‡ 1R SHUVRQ VKDOO DSSURSULDWH ZDWHU Easement for of stop lock or sluice
without a water right evidenced by a ‡*DWH $UW 
water permit
JURISPRUDENCE
‡ 3HUPLW QHHG QRW EH VHFXUHG IRU D 
appropriation of water thru handcarried ‡ 5HPPDQ (QWHUSULVHV YV &$  $SULO
receptacles (b) bathing, washing, 2000) Lat & Remman are enjoining
watering or dipping of domestic animals Landowners of fruit trees & piggery
& navigation of watercrafts, transport of business respectively. Remman's land is
logs or other objects by flotation. higher than Lat. Lat filed for damages
against Remman because water with
REVOCATION OF WATER PERMITS pig manure flooded his land. Remman
invoked easement.
‡ :DWHU SHUPLWV PD\ EH UHYRNHG DIWHU
due notice & hearing on grounds of non- ‡ 6& KHOG WKDW 5HPPDQ V SURSHUW\ ZDV
use; gross violation of permit conditions; made a catch basin of water & damage

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 lOMoARcPSD|9752915

occasioned thereby entitles Lat owner of ‡Any watershed or any area adjacent to
servient estate to compensation. surface of water or overlying any ground
water may be declared by DENR as
CONTROL OF WATERS protected area.

‡ '3:+ 6HF PD\ GHFODUH IORRG FRQWURO ‡ ,Q &ROODGR YV &$  2FW   6&
areas and promulgate flood plain held that watershed reservation is not
management plans. susceptible of occupancy, disposition,
conveyance or alienation.
‡ ,Q /RYLQD vs Moreno (29 Nov. 1963),
the SC upheld power of DPWH Sec ‡ $Q RIILFLDO SURFODPDWLRQ RI H[HFXWLYH
under RA 2056 to declare as public department is needed to declassify land
navigable stream any depression or which was earlier classified as
bodies of water even inside titled watershed reservation. Until such
properties. declassification, rule on confirmation of
imperfect title does not apply.
‡ 5LYHU EHGV PD\ QRW EH FXOWLYDWHG
without prior permission from DPWH NATIONAL WATER RESOURCES
Sec BOARD

‡ /Hvees or revetments may be erected ‡7KH1DWLRQDO:DWHU5HVRXUFHV&RXQFLO

to protect from floods provided it will not was renamed & reorganized by PD 424
cause damage to other properties as National Water Resources Board
chaired by DENR Secretary.
‡ ,Q FDVH RI FKDQJH LQ FRXUVH RI ULYHUV
owner affected land may return river to ‡7KH1:5%LVWKHFKLHIFRRUGLQDWLQJ 
old bed at their expense upon prior regulating agency for water resources
permit from DPWH management activities tasked with
development of policies on water
‡1RSHrson may drill a well without prior utilization & appropriation, control &
permission from Council supervision of water utilities &
franchises & regulation & rationalization
JURISPRUDENCE of water rates.
‡,Q6WD5RVD5HDOW\'HYW&RUSYV&$
(12 Oct 2001) SC held that protection of POWERS OF THE BOARD
watersheds is an intergenerational
responsibility. Disputed parcels of land ‡ 1:5% LV HPSRZHUHG WR HQWHU SULYDWH
in Sta. Rosa Realty is an area that lands with previous notice to owner for
needs to be protected for watershed the purpose of conducting surveys &
purposes. Clearing & tilling of lands are hydrologic investigation including right to
totally inconsistent with sound exercise eminent domain
watershed management
‡ 1:5% KDV MXULVGLFWLRQ RYHU DOO
‡ 3URWHFWLRQ RI ZDWHUVKHG HQVXUHV disputes on appropriation, utilization,
adequate supply of water for future exploitation, development, control,
generations & control of flashfloods. conservation & protection of waters.

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‡ :DWHU GLVWULFWV TXDVL-public are

JURISPRUDENCE corporations performing public services.
They have the power of eminent
‡,Q7DQMD:DWHU'LVWULFWYV*DEDWRQ  domain& rights & privileges of private
April 1989), C held that an action for corporations
injunction & damages against Mun of
Pamplona to prevent them from ‡ ,QFUHDVH LQ ZDWHU UDWHV UHTXLUH WKH
interfering in the management of Tanjay conduct of a public hearing and review
Waterworks involves appropriation, and approval of Local Water Utilities
utilization & control of water, thus within Administration (LWUA) if the rates are
NWRB's jurisdiction compliant with existing laws.

‡ :KHUH PDLQ FDXVH RI DFWLRQ LV LOCAL WATER UTILITIES

annulment of title & reversion to ADMINISTRATION
government of lot water reservoir
alleged to be erroneously titled to ‡3'FUHDWHG/:8$DJRYWFRUSWR
petitioners, regular court has jurisdiction. function as a specialized lending
(Santcos vs CAJ23 sept 1992) institution for the promotion,
development & financing of local water
‡,Q%XODRYV&$ )HE 6&KHOG utilities
that regular court has jurisdiction over
action for damages based on quasi ‡/:8$KDVQRSRZHUWRUHJXODWHZDWHU
delict. tariffs. However, it may review rates of
water districts which it has financial
‡ 7KH DFW FRQVWLWXWLQJ IDXOW LV WKH exposure for the purpose of ensuring
construction of dam which diverted flow financial viability.
of water which resulted in destruction of
rice plants. ‡/:,-$KDVQRDGMXGLFDWRU\IXQFWLRQV,W
may review rates without prejudice to
‡ 1:5% 'HFLVLRQV VKRXOG EH HOHYDWHG appeal to NWRB
to the CA under Rule 43 of ROC.
‡ 6(& KDV QR VXSHUYLVRU\ SRZHUV RYHU
WATER DISTRICTS water districts. Their charters are filed
with LWUA and not SEC. The function
‡3'RUWKH3URYLQFLDO:DWHU8WLOLWLHV of supervision & control over water
Act of 1973 as amended by PD 768 and districts is entrusted to LWUA.
1479 authorizes the formation, lays
down the powers & functions & governs
the operation of water districts

‡:DWHUGLVWULFWVPD\EHFUHDWHGE\ORFDO
legislative bodies thru the passage of a
resolution. The primary function is to sell
water to residents under such rates as
determined by their boards.

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NATIONAL INTEGRATED h. conventions, international

PROTECTED AREAS SYSTEM ACT agreements to which Ph is a signatory.
OF 1992 (RA 7586)
DEFINITION OF TERMS
‡5$  ZDV HQDFWHG RQ  -XQH 
to secure the perpetual existence of all ‡ 1,3$6 LV WKH FODVVLILFDWLRQ 
native plants & animals thru the administration of all designated
establishment of a comprehensive protected areas to maintain essential
system of integrated protected areas. processes & life support systems, to
preserve genetic diversity, to ensure
‡,W LV WKH 6WDWH V SROLF\ WR VHFXUH IRU WKH sustainable use of resources & to
present & future Filipinos the perpetual maintain their natural conditions;
existence of all native plants & animals
thru the establishment of a ‡ 3URWHFWHG $UHD- identified portions of
comprehensive system of integrated land & water set aside because of their
protected areas within the classification unique physical & biological
of a national park as provided in the significance, managed to enhance
Constitution. biological diversity & protected against
destructive human exploitation.
BIODIVERSITY CONSERVATION
‡ 1DWLRQDO 3DUN UHIHUV WR D IRUHVW
‡ 7KH 1,3$6 $FW LV DLPHG DW RYHUDOO reservation essentially of natural
biodiversity conservation. wilderness character withdrawn from
settlement, occupancy or any form of
‡ 7KH $FW IRFXVHV RQ KDELWDW DQG exploitation
ecosystem related conservation, ‡1DWXUDO0RQXPHnt is a relatively small
identifying forests, watersheds, coastal area focused on protection of small
zones, coral reefs, and other areas that features to protect or preserve nationally
represent a wide variety of ecosystems. significant natural features on account of
their special interest or unique
‡ 7KH $FW WDNHV LQWR DFFRXQW characteristics.
irreplaceable areas with unique natural
characteristics and culturally important ‡ 1DWXUDO 3DUN LV D UHODWLYHO\ ODUJH DUHD
areas. not materially altered by human activity
and maintained to protect outstanding
CATEGORIES OF PROTECTED natural & scenic areas for scientific,
AREAS educational & recreational use

a. Strict nature reserve ‡ 3URWHFWHG ODQGVFDSHVHDVFDSH DUH

b. Natural park areas of national significance
c. Natural monument characterized by the harmonious
d. Wildlife Sanctuary interaction of man & land while providing
e. Protected landscape & seascapes opportunities for public enjoyment thru
f. Resource reserve; recreation & tourism within the normal
g. Natural biotic areas; and Other lifestyle & economic activity of these
categories established by law, areas.

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 lOMoARcPSD|9752915

‡ 5HVRXUFHV 5HVHUYH LV DQ H[WHQVLYH  resources in the Tafton Strait thru
relatively isolated & uninhabited area Service Contract 46.
designated to protect the natural
resources for future use; ‡ 5HV 0DULQe challenged SC 46
asserting the adverse ecological impact
‡ 6WULFW 1DWXUH 5HVHUYH LV DQ DUHD of SC 46 because consultations were
possessing outstanding ecosystem, not made prior to issuance of ECC.
species of flora/fauna maintained to
protect nature & maintain processes in ‡7KHFRQGLWLRQVPDQGDWHGE\6HF$OW
an undisturbed state in order to have XII of Constitution requiring the
examples of natural environment for signature of the President & that
scientific study, environmental Congress be notified of such contract
monitoring, education & maintenance of renders SC 46 void
genetic resources.
‡:KLOHH[SORUDWLRQIRUHQHUJ\UHVRXUFHV
‡ :LOGOLIH 6DQFWXDU\ FRPSULVHV DQ DUHD is allowed under Sec 14 of NIPAS, this
which assures the natural conditions is not an exemption from the EIA
necessary to protect nationally requirement
significant species, groups of species,
biotic communities, or physical features ‡7KHH[SORLWDWLRQ XWLOL]DWLRQRIHQHUJ\
of the environment where these may resource may be allowed only thru a law
require specific human manipulation for passed by Congress since Tañon Strait
their perpetuation. is a NIPAS area.

TARION STRAIT - PROTECTED AREA BUFFER ZONES

‡ 3HU 3URFODPDWLRQ  7DQRQ 6WUDLW ‡ )RU HDFK SURWHFWHG DUHD SHULSKHUDO
was set aside and declared as a buffer zones shall be established to
protected area under the category of a protect the area from activities that will
protecteld seascape. directly & indirectly harm it.

‡$PDQDJHPHQWSODQPXVWEHGHVLJQHG ‡ %XIIHU ]RQHV Pay include public &

to protect & enhance the permanent private lands.
preservation of its natural conditions.
‡ 3UHVFULSWLRQV IRU WKH PDQDJHPHQW RI
‡ $Q (QYLURQPHQWDO ,PSDFW $VVHVVPHQW buffer zones is included in the protected
(EIA) must be made prior to undertaking area management plan.
any activity outside the scope of the
management plan. MANAGEMENT PLANS

RESIDENT MARINE MAMMALS VS ‡7KHUHVKDOOEHDJHQHUDOPDQDJHPHQW

REYES (GR 180771, 21 APRIL 2015) planning strategy to serve as guide in
formulating individual plans for each
‡ 6WDWH HQWHUHG LQWR D *HRSK\VLFDO protected area.
Survey & Exploration Contract with
JAPEX to explore & develop petroleum

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 lOMoARcPSD|9752915

‡ ,W VKDOO SURPRWH WKH DGRSWLRQ RI ‡ '(15 VKDOO KDYH QR SRZHU WR HYLFW
innovative management techniques indigenous from their present
such as zoning, buffer zone occupancy nor resettle them without
management, habitat conservation, their consent.
diversity management, community
organizing, socio economic & scientific ‡ 8QOHVV WKH ICC/IP submits written
researches, pest management & fire notice of intent to manage the protected
control. area, the DENR & PAMB shall manage
the protected area.
NIPAS ADMINISTRATION &
MANAGEMENT SURVEY FOR ENERGY RESOURCES

‡ 1,3$6 LV XQGHU WKH FRQWURO  ‡ ([SORUDWLRQ LQ SURWHFWHG DUHDV DUH
administration of DENR. allowed only for the purpose of
gathering information on energy
‡ (DFK UHJLRQDO RIILFH ZKHUH SURWHFWHG resources and only if activity is carried
area was established shall have a out with least damage to surrounding
Protected Area and Wildlife Division areas.
(PAWD)
‡ 5HVXOW RI VXUYH\ VKDOO EH PDGH
‡ 7KHUH VKDOO DOVR EH D 3URWHFWHG $UHD available to the public, submitted to
Management Board (PAMB) who President for recommendation to
decides on funding, planning & Congress.
administration of the area.
‡ 1R H[SORLWDWLRQ  XWLOL]DWLRQ RI HQHUJ\
ENVIRONMENTAL IMPACT resources shall be allowed unless thru a
ASSESSMENT law passed by Congress.

‡ 3URSRVDOV IRU Dctivities outside the PROHIBITED ACTS

scope of the management plan shall be
subject to an EIA. ‡+XQWLQJGHVWUR\LQJGLVWXUELQJRUPHUH
possession of plants/animals without
‡ 1R DFWXDO LPSOHPHQWDWLRQ RI VDLG permit from PAMB;
activities shall be allowed without the
required Environmental Compliance ‡ 'XPSLQJ RI ZDVWH SURGXFW GHWULPHQWDO
Certificate (ECC) under the Philippine to protected area;
Environment Impact Assessment
System. ‡ 8VH RI PRWRUL]HG HTXLSPHQW Zithout
permit from PAMB;
ANCESTRAL LANDS
‡ 0XWLODWLQJ GHIDFLQJ RU GHVWUR\LQJ
‡ '(15 VKDOO SUHVFULEH UXOHV  objects of natural beauty or objects of
regulations to govern ancestral lands interest to cultural communities;
within protected areas.
‡'DPDJLQJ OHDYLQJURDGV WUDLOVLQD
damaged condition

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‡ 6TXDWWLQJ PLQHUDO ORFDWLQJ RU

occupying any land;

‡ Constructing or maintaining any

structure, fence or enclosure,
conducting business enterprise without
permit;

‡ /HDYLQJ LQ H[SRVHG RU XQVDQLWDU\

refuse or debris or depositing in ground
or bodies of water; and

‡ $OWHULQJ UHPRYLQJ GHVWUR\LQJ RU

defacing boundary marks or signs.

LAND WITHIN NIPAS IS

INALIENABLE

‡ /DQG ZLWKLQ D SURWHFWHG DUHD OLNH WKH

Bataan Natural Park is inalienable.

‡7KHLOOHJDOSRVVHVVLRQRUVDOHRIULJKWV
or portions thereof is prohibited under
the NIPAS rules & regulations.

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CLIMATE CHANGE ACT OF 2009 (RA RENEWABLE ENERGY

9729 AS AMENDED BY RA 10174)
‡,Q&RQJUHVVHQDFWHG5HQHZDEOH
‡ 3K LV D FOLPDWH KRWVSRW YXOQHUDEOH WR Energy Act to spur the growth of
some of the worst manifestations of renewable energy
climate change
‡ 3K has 246,000 megawatts of
‡ 7ZR RI WKH PDMRU JUHHQKRXVH JDVHV untapped renewable energy capacity
contributing to climate change are from sun, tidal ocean power, wind,
produced by coal combustion - carbon geothermal & hydro
dioxide & nitrous oxide.
‡ 5HQHZDEOH HQHUJ\ LV UHFRJQL]HG DV D
‡ 81 HVWLPDWHV WKDW  RI JOREDO long term solution to address climate
mercury emissions come from change.
combustion of coal in power plants
2015 PARIS AGREEMENT
‡ 3K FRQVXPSWLRQ RI FRal is increasing
by 27% because they are widely ‡ 3K as chair of Climate Vulnerable
available & easy to build Forum led call to limit global warming to
1.5 degrees C to be able to survive
‡ +RZHYHU WKHUH DUH H[WHUQDO FRVWV WR
coal because of its impact on health, air ‡ 3K FRPPLWWHG D  UHGXFWLRQ E\
quality, climate & life. 2030.

GLOBAL WARMING ‡ %HQGLQJ WKH JOREDO ZDUPLQJ FXUYH WR

1.5 degreeC is a moral imperative
‡3KJHRJUDSKLFORFDWLRQPDNHVLWSURQH because it means saving lives,
to natural hazards upholding rights of poor & vulnerable &
ensuring integrity of our ecosystem.
‡ 3K LV RQO\ D PLQRU HPLWWHU RI
greenhouse gases with only 0.3% of DEFINITION OF TERMS
global emissions but it is among the
most vulnerable to climate change ‡&OLPDWH&KDQJH-change in climate that
impact can be identified by changes in the
mean or variability of its properties that
‡ ([DPSOHV DUH 2QGR\ LQ   persists for an extended period, whether
Yolanda in 2013 due to natural variability or human
activity
‡ *OREDO ZDUPLQJ KDV DOUHDG\ EUHDFKHG
the 1 degreeC level. The 2degreeC ‡ *OREDO ZDUPLQJ-refers to the increase
warming is almost a reality. in the average temperature of Earth's
near surface air & oceans that is
associated with increased concentration
of greenhouse gases in the atmosphere.

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‡ *UHHQKRXVH (ffect-process by which ‡ ,GHQWLILFDWLRQ RI PRVW YXOQHUDEOH

the absorption of infrared radiation by communities/areas to impact of CC
the atmosphere warms the earth
‡,GHQWLILFDWLRQRIGLIIHUHQWLPSDFWVRI&&
‡ *UHHQKRXVH JDVHV-refers to on men, women & children
constituents of the atmosphere that
contribute to greenhouse effect ‡ $VVHVVPHQt & management of risk &
including carbon dioxide, methane, vulnerability
nitrous oxide, hydroflurocarbons,
perfluorocarbons & sulfur hexafluoride. ‡ ,GHQWLILFDWLRQ RI *+* PLWLJDWLRQ
potentials
CLIMATE CHANGE COMMISSION
‡ ,GHQWLILFDWLRQ RI RSHUDWLRQV
‡LVDQLQGHSHQGHQW DXWRQRPRXVERG\ prioritization of adaptation measures for
that has status of agency attached to joint projects of national & local
Office of the President governments.

‡,WLVWKHVROHSROLF\PDNLQJERG\RIWKH PH CLEAN WATER ACT (RA 9275)

government is tasked to coordinate,
monitor & evaluate programs & action ‡ 5$  ZDV HQDFWHG RQ  0DUFK
plans of the government relating to 2004
climate change.
‡ HQDFWHG EDVHG RQ SROLF\ RI HFRQRPLF
Framework Strategy & Program on growth in a manner consistent with the
Climate Change protection, preservation & revival of the
quality of our fresh, brackish & marine
‡ 7KH )67&& VHUYHV DV WKH EDVLV IRU D waters.
program for climate change planning,
research & development, extension & ‡ 7KH $FW DSSOLHV WR ZDWHU TXDOLW\
monitoring of activities to protect management in all water bodies but
vulnerable communities from adverse shall primarily govern the abatement &
effects of climate change control of pollution from land based
sources.
‡ 7KH )UDPHZRUN VKDOO EH IRUPXODWHG
based on CC vulnerabilities, specific STATE POLICY
adaptation needs, & mitigation potential
& in accordance with international ‡7RVWUHDPOLQHSURFHVVHV SURFHGXUHV
agreements. in prevention, control & abatement of
pollution of water resources
NATIONAL & LOCAL CLIMATE
ACTION PLAN COMPONENTS ‡ 7R SURPRWH HQYLURQPHQWal strategies,
use of appropriate economic
‡ $VVHVVPHQW RI QDWLRQDO LPSDFW RI instruments & control mechanisms for
climate change; protection of water resources

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‡ 7R IRUPXODWH D KROLVWLF QDWLRQDO ‡ &OHDQ XS RSHUDWLRQV-activities for

program of water quality management removal of pollutants in water &
integrated with concerns about water restoration to their former physical,
sources & ecological protection, water chemical & biological condition.
supply, public health & quality of life.
‡ &RQWDPLQDWLRQ-introduction of
‡ 7R IRUPXODWH LQWHJUDWHG ZDWHU TXDOLW\ substances not found in natural
management framework; composition of water that makes it unfit
for intended use
‡ 7R SURPRWH  LQGXVWULDO SURFHVVHV 
products that are environment friendly & ‡ 'LVFKDUJH-act of spilling, leaking,
energy efficient pumping, or dumping any material in
body of water or land which might flow
‡ To encourage cooperation & self- into water
regulation among citizens & industries
thru application of incentives & market ‡'XPSLQJ-illegal disposal into any body
based instruments of water wastes, toxic or hazardous
materials except effluent within
‡ 7R SURYLGH IRU FRPSUHKHQVLYH standards.
management program for water
pollution focusing on pollution ‡(IIOXHQW-discharges from known source
prevention. passed into body of water or land or
wastewater flowing out of
‡ 7R SURPRWH SXEOLF LQIRUPDWLRQ  manufacturing, industrial, recreational
education to encourage participation of facilities
informed public in water quality
management & monitoring ‡ (nvironmental Management-entire I
system including conservation,
‡ 7R IRUPXODWH  HQIRUFH D V\VWHP RI regulation, minimization of pollution,
accountability for short & long term clean production, waste management,
adverse environmental impact of a environmental law, environmental
project, program or activity. education & information, study &
mitigation of environmental impact of
DEFINITION OF TERMS human activity & environmental
research.
‡%HQHILFLDO8VH-use of the environment
conducive to public/private welfare, ‡ +D]DUGRXV ZDVWH-waste or
safety & health such as use of water for combination of wastes of solid, liquid,
domestic, irrigation, livestock, gaseous which cause or contribute to
recreational purpose increase in mortality or contribute to
adverse acute effect on health of
‡ &OHDQHU SURGXFWLRQ-application of persons
integrated, preventive environmental
strategy to processes, products, ‡ ,QGXVWULDO ZDVWH-soli, semi-solid or
services to increase efficiency & reduce liquid waste material with no commercial
risks to human & environment value released by manufacturing plant

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 lOMoARcPSD|9752915

or processing plant other than excluded ‡ ,W VKDOO SUHSDUH DQG LPSOHPHQW D
material. program that will not allow new sources
of water pollutants without a
‡ 1RQ SRLQW VRXUFH-source of pollution corresponding reduction in discharges
not identifiable as point source including from existing sources
run-off from irrigation or rainwater which
picks up pollutants from farm & urban ‡ /*86 VKDOO LPSOHPHQW FRQWLQJHQF\
areas. plans including relocation when
necessary for the protection of health &
‡ 3RLQW 6RXUFH-identifiable source of welfare of residents in affected areas.
pollution with specific point of discharge
into a particular water body DOMESTIC SEWAGE COLLECTION,
TREATMENT & DISPOSAL
‡ 3ROOXWDQW-any substance, solid, liquid,
gas, or radioactive which alters quality ‡ 7KH DJHQF\ YHVWHG WR SURYLGH ZDWHU
of any segment of receiving water body supply & sewerage facilities &/or
affecting beneficial use, is hazardous or concessionaires in MM & HUCs in
potentially hazardous to health, imparts coordination with LGUs shall be
objectionable odor, change, temperature required to connect existing sewage line
physical/chemical/biological change, in found in all subdivisions, condominiums,
excess of allowable limits of malls, hotels, buildings, including
concentration. households, subject to payment of
sewerage fees.
WATER QUALITY MANAGEMENT
AREA WATER POLLUTION
PERMITS/CHARGES
‡'(15LQFRRUGLQDWLRQZLWK1:5%VKDOO
designate certain areas as water quality ‡ '(15 VKDOO LPSOHPHQW ZDVWHZDWHU
management areas using appropriate charge system in all management areas
physiographic units such as watershed, for discharging wastewater into water
river basins or water resources regions. bodies

‡ *RYHUQLQJ ERDUG FRPSRVHG RI ‡ '(15 VKDOO UHTXLUH RZQHUVRSHUDWRUV

representatives of LGUs shall formulate of facilities that discharge effluents to
strategies necessary for effective secure permit to discharge.
implementation of this Act.
‡ 'LVFKDUJH SHUPLW VKDOO VSHFLI\ WKH
MANAGEMENT OF NON- quantity & quality of effluent that
ATTAINMENT AREAS facilities are allowed to discharge in a
water body.
‡'(15VKDOOGHVLJQDWHZDWHUERGLHVRU
portions thereof where specific
pollutants have exceeded water quality
guidelines as non-attainment areas.

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ENVIRONMENTAL GUARANTEE ‡ 3UHVHUYDWLRQ RI :DWHU TXDOLW\ DIWHU

FUND rehabilitation is as important as cleaning
phase.
‡ '(15 VKDOO UHTXLUH SURJUDP  SURMHFW
proponents to put up EGF as part of ‡:DVWHV contaminants found in rivers,
environmental management plan. inland bays & other bodies of water
must be stopped from reaching Manila
‡ (*) VKDOO ILQDQFH WKH PDLQWHQDQFH RI Bay, otherwise clean up would be futile
health of ecosystems specially exercise.
conservation of watersheds & aquifers &
needs of emergency response, clean up ‡)RUVDLGSXUSRVH&RXUWPD\LVVXHZULW
or rehabilitation of areas damaged of continuing mandamus to ensure that
during project implementation. decision would not be set at naught by
administrative inaction.
CLEAN UP OPERATIONS
INSTITUTIONAL MECHANISM
‡ $Q\ SHUVRQ ZKR FDXVHV SROOXWLRQ LQ
water bodies in excess of applicable ‡ '(15 VKDOO EH WKH SULPDU\
standards shall be responsible to government agency responsible for
contain, remove & clean up any implementation of this Act.
pollution at his own expense
‡'(15VKDOOJUDGXDOO\GHYROYHWR/*8V
‡ 7KH '(15 LQ FDVH DQ HPHUJHQF\ the authority to administer aspects of
clean up is necessary may undertake water quality management & regulation
the same subject to reimbursement of including issuance of permit, monitoring
expenses incurred from person & imposition of administrative penalties
responsible for pollution. when LGU has showed readiness to
undertake such functions
JURISPRUDENCE
‡3ROOXWLRQ$GMXGLFDWLRQ%RDUG 3$% KDV
‡ 00'$ YV &RQFHUQHG 5HVLGHQWV RI the power to determine the location,
Manila Bay (18 December 2008)-even in magnitude, extent, severity causes &
the absence of pollution incident, MMDA effects of water pollution. PAB has
are required to take measures needed power to conduct hearings & impose
to meet water quality standards. penalties

‡7KHGXW\WRXSJUDGHTXDOLW\RIZDWHULV ‡ /*86 VKDOO VKDUH WKH UHVSRQVLELOLW\ LQ

not conditioned on the occurrence of management & improvement of water
any pollution incident. quality within their jurisdiction thru
monitoring of water quality, emergency
WRIT OF CONTINUING MANDAMUS response, participate in efforts for water
quality protection & rehabilitation
‡7KHFOHDQXSRI0DQLOD%D\LVRQO\WKH
initial stage of a long term solution.

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PROHIBITED ACTS

‡ 'LVFKDUJLQJ PDWHULDO RI DQ\ NLQG LQWR

water bodies;

‡ 'LVFKDUJLQJ RU DOORZLQJ WR VHHS LQWR

soil any substance that pollutes ground
water

‡ 2SHUDWLQJ Iacilities that discharge

regulated water pollutants without permit
‡ 'LVSRVDO RI LQIHFWLRXV PHGLFDO ZDVWH
into sea water;

‡8QDXWKRUL]HGWUDQVSRUWRUGXPSLQJLQWR
sea water of sewage sludge or solid
waste

JURISPRUDENCE

‡ 8QLYHUVDO 5RELQD YV //'$  0ay

2011)- SC held that protection of
environment including bodies of water is
no less urgent or vital than pressing
concerns of private enterprises.
Everyone must do their share to
conserve national patrimony for the
benefit not only of present generation
but those to follow
‡5RELQD VZDVWHZDWHUIDLOHGWRSDVV
standards & ordered to pay penalties.

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PH CLEAN AIR ACT (RA 8749) liquid or solid that will create or render
air resources harmful, detrimental or
‡HQDFWHGRQ-XQH injurious to public health

‡ HQDFWHG EDVHG RQ WKH SULQFLSOH WKDW D ‡ (FR-profile-geographic based

clean & healthy environment is for the instrument for planners & decision
good of all and should therefore be the makers which present an evaluation of
concern of all the environmental quality & carrying
capacity of an area
‡ WKH 6WDWH VKDOO SXUVXH D SROLF\ RI
balancing development and ‡ (PLVVLRQ-any air contaminant,
environmental protection. pollutant, gas stream or unwanted
sound from a known source which is
POLICY DECLARATION passed into the atmosphere

‡ )RUPXODWH D KROLVWLF QDWLRQDO SURJUDP ‡ *UHHQKRXVH JDVHV-gases that can

for air pollution management potentially be expected to induce global
warming including carbon dioxide,
‡ (QFRXUDJH FRRSHUDWLRQ  VHOI methane, chloroflurocarbons.
regulation among citizens & industries
thru application of market based ‡ +D]DUGRXV VXEVWDQFHV-substances
instruments which present either short term acute
hazards such as ingestion, inhalation,
‡ )RFXV RQ SROOXWLRQ SUHYHQWLRQ UDWKHU skin/eye hazard or long term toxicity
than control such as carcinogenicity, potential to
pollute underground or surface waters
‡ 3URPRWH SXEOLF LQIRUPDWLRQ 
education to encourage public ‡0RELOHVRXUFH-any vehicle propelled by
participation in air quality planning & carbon based or other fuel for the
monitoring purpose of transporting people or goods

‡ )RUPXODWH  HQIRUFH D V\VWHP RI ‡ 0RWRU YHKLFOH-vehicle propelled by

accountability for short/long term gasoline or diesel engine or by any
environmental impact of project, means other than human or animal
program or activity power.

DEFINITION OF TERMS ‡ 2]RQH GHSOHWLQJ VXEVWDQFHV-

substances that significantly deplete or
‡ $LU SROOXWDQW-any matter found in the modify the ozone layer which will result
atmosphere detrimental to health or the to harm on human health & environment
environment such as smoke, dust, soot such as CFC
etc
‡ 6WDQGDUG RI SHUIRUPDQFH-standard for
‡ $LU SROOXWLRQ-alteration of physical, emissions of air pollutants which reflects
chemical & biological properties of the degree of emission limitation
atmospheric air or any discharge of any

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‡ 6WDWLRQDU\ VRXUFH-any building or ‡ +HQDUHV YV /7)5%  2FW  

immobile structure, facility, installation Mandamus does not lie to compel public
which emits or may emit air pollutants. utility vehicles to use compressed
natural gas as alternative fuel' in the
AIR POLLUTION absence of specific law on the matter
CLEARANCES/PERMITS
‡ '27& V IXQFWLRQ LV OLPLWHG WR
‡ '(15 KDV DXWKRULW\ WR LVVXH SHUPLWV implementation of emission standards
necessary for the prevention & set forth by RA 8749 but it does not
abatement of air pollution. recognize CNG as an alternative fuel

‡ 3HUPLWV VKDOO FRYHU HPission REGULATION OF VEHICLES &

limitations for the regulated air pollutants ENGINES
to attain & maintain ambient air quality
standards ‡$Q\LPSRUWHGQHZRUORFDOO\DVVHPEOHG
MV shall not be registered unless it with
‡ 3HUPLWV VKDOO VHUYH DV PDQDJHPHQW emission standards as evidenced by
tools for LGUs in the development of Certificate of Conformity issued by
their action plan. DENR

POLLUTION FOR STATIONARY ‡ $Q\ LPSRUWHG XVHG 09 RU UHEXLOW 09
SOURCES using new or used engines shall not be
registered unless it complies with
‡ ,QFLQHUDWLRQ ZKLFK LV WKH EXUQLQJ RI emission standards
municipal, biomedical & hazardous
wastes is prohibited. ‡ 1R 09 UHJLVWUDWLRQ VKDOO EH LVVXHG
unless it passes the emission testing
‡ 3URKLELWLRQ QRW DSSOLFDEOH WR VPDOO requirement conducted by DOTC or
scale community sanitation such as authorized inspection centers.
siga, traditional, agricultural, cultural,
food preparation & crematoria. POLLUTION FROM OTHER SOURCES

‡ /*8V DUH mandated to promote ‡ 6PRNLQJ LQVLGH SXEOLF EXLOGLQJ

comprehensive ecological waste including public vehicles & other means
management such as waste of transport or in any enclosed area
segregation, recycling & composting outside of one's private residence,
private place of work or any duly
POLLUTION FROM MOTOR designated smoking area is prohibited.
VEHICLES ‡ 3ROOXWLRQ IURP RWKHU PRELOH VRXUFHV-
standards shall be determined by DENR
‡ '27U VKDOO LPSOHPHQW WKH HPLVVLRQ
standards set for motor vehicles & shall OTHER POLLUTANTS
review, revise standards every 2 years
or as need arises. ‡'(15VKDOOSKDVHRXWR]RQHGHSOHWLQJ
substances consistent with Montreal
Protocol

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‡ 3$*$6$ VKDOO UHJXODUO\ PRQLWRU POLLUTION ADJUDICATION BOARD

meteorological factors affecting
environmental conditions including ‡ 3$% KDV VROH  H[FOXVLYH MXULVGLFWLRQ
ozone depletion & greenhouse gases over all cases of air pollution including
and coordinate with DENR to guide air imposition of administrative sanctions
pollution monitoring & standard setting
activities ‡ $& (QWHUSULVHV YV )UDEHOOH 3URSHUWLHV
Corp. (2 Nov 2006) -action for
‡ 5DGLRDFWLYH HPLVVLRQV VKDOO be abatement of private nuisance lies with
regulated by Ph Nuclear Research regular courts not with PAB nor
Institute in coordination with DENR sangguniang bayan

INSTITUTIONAL MECHANISM ‡3$%KDVQRMXULVGLFWLRQRYHUthe noise

on whether it is an actionable nuisance
‡ '(15 VKDOO EH WKH SULPDU\ DJHQF\ does not require technical knowledge of
responsible for implementation of this PAB
Act. The EMB will be converted from
staff bureau to line bureau ACTIONS BEFORE LTO

‡ /*8V VKDOO VKDUe responsibility in ‡ $FWLRQV IRU YLRODWLRQ RI 09 SROOXWLRQ
management & maintenance of air control laws may be filed by any person
quality within their territorial jurisdiction thru written complaint or by DOTC motu
proprio.
‡ $Q (QYLURQPHQW  1DWXUDO 5HVRXUFHV
Office headed by the Environment & ‡+HDULQJLVVXPPDU\LQQDWXUH
Natural Resources Officer may be
created in every province, city or ‡ 2QO\ XSRQ IXOO SD\PHQW RI ILQHV VKDOO
municipality grounded vehicle be released to resume
operations
JURISPRUDENCE
CITIZEN SUITS
‡ 7HFKQRORJ\ 'HYHORSHUV ,QF YV &$ -
Mayor ordered closure of plant in ‡$Q\)LOLSLQRFLWL]HQLQUHSUHVHQWDWLRQRI
response to complaints of residents on others may file an action to enforce
pollution emitted by fumes of its plant. rights or obligations under
environmental laws. Upon filing, court
‡ 6& VXVWDLQHG FORVXUH RUGHU EHFDXVH shall issue order containing brief
mayor has responsibility to protect description of cause of action and reliefs
inhabitants from pollution unless sought and require interested parties to
measures are taken to address manifest their interest to intervene within
emissions although matter of 15 days from notice.
determining whether there is pollution is
I addressed to Pollution Adjudication SLAPP
Board
‡ 6WUDWHJLF /HJDO $FWLRQ $JDLQVW Public
Suit brought Participation (SLAPP) -

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 lOMoARcPSD|9752915

against person who filed action, court

shall determine within 30 days if said
suit was filed to harass, vex, exert
undue pressure or stifle legal recourse
upon person complained of.
‡,IVXLWLV6/$33FDVHZLOO be dismissed
DZDUGDWWRUQH\V¶IHHV GRXEOH
damages

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ECOLOGICAL SOLID WASTE ‡ (FRORJLFDO VROLG Zaste management-

MANAGEMENT ACT OF 2000 systematic administration of activities
which provide for segregation
‡ 5$  ZDV HQDFWHG RQ  -DQXDU\ segregated at source, transportation,
2001 to provide a systematic, storage, transfer, processing, treatment
comprehensive & ecological solid waste & disposal of solid waste
management program.
‡ +D]DUGRXV ZDVWH-solid waste or
‡'HFODUDWLRQRI3ROLF\ combination thereof which because of
its quantity, concentration or physical,
‡ (QVXUH WKH SURWHFWLRQ RI SXEOLF KHDOWK chemical or infectious characteristics
& environment may cause increase in mortality, illness
or pose substantial or potential hazard
‡6HWJXLGHOLQHV WDUJHWVIRUVROLGZDVWH to human health or environment.
avoidance and volume reduction thru
source reduction & waste minimization ‡ /HDFKDWH-liquid produced when waste
measures. undergo decomposition. It is
contaminated liquid that contains
DECLARATION OF POLICY dissolved & suspended materials

‡ (QVXUH SURSHU VHJUHJDtion, collection, ‡ 2SHQ GXPS-disposal area where solid

transport, storage, treatment & disposal wastes are indiscriminately thrown
of solid waste thru adoption of best without planning & consideration for
environmental practice in ecological environmental & health standards
waste management excluding
incineration ‡ 5HF\FOLQJ-treating of used or waste
materials thru a process of making them
‡ (QFRXUDJH SULYDWH VHFWRU SDUWLFLSDWLRQ suitable for beneficial use
in solid waste management Retain
primary enforcement of solid waste ‡ 5HVRXUFH FRQVHUYDWLRQ-reduction of
management with LGU's the amount of solid waste that are
generated or reduction of overall
DEFINITION OF TERMS resource consumption & utilization of
recovered resources
‡ $JULFXOWXUDO ZDVWH-generated from
planting or harvesting crops, trimming of ‡ 5HVRXUFH recovery-collection,
plants or run-off materials from farms extraction or recovery of recyclable
materials from the waste stream for the
‡ &RPSRVWLQJ-controlled decomposition purpose of recycling or producing a
of organic matter by micro-organisms product suitable for beneficial use,
into a humus like product excluding incineration

‡&RQWUROOHGGXPS-disposal site at which

solid waste is deposited in accordance
with minimum prescribed standards of
site operation.

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NATIONAL SOLID WASTE ‡ &LW\0XQLFLSDO 6ROLG :DVWH

COMMISSION Management Board chaired by the
mayor shall prepare & implement a plan
‡ 1DWLRQDO 6ROLG :DVWH &Rmmission is for the safe & sanitary management of
composed of 14 members from solid waste generated in areas within
government & 3 from private sector. It is their jurisdiction.
under the Office of the President
SEGREGATION OF WASTES
‡ 5HVSRQVLEOH IRU WKH SUHSDUDWLRQ RI
national solid waste framework, ‡6HJUHJDWLRQVKDOO EHFRQGXFWHGDWWKH
approval of local solid waste source to include household,
management plans & review & institutional, industrial, commercial &
monitoring of the same manage the agricultural sources
solid waste management fund,
encourage private sector initiatives, ‡ 5HTXLUHPHQWV IRU VHJUHJation- there
community participation & investments shall be a separate container for each
in resource based livelihood programs type of waste, the container shall be
for local communities. marked as compostable, non-recyclable,
recyclable or special waste
NATIONAL ECOLOGY CENTER
REQUIREMENTS FOR COLLECTION
‡ 7KH 1(& ZKLFK LV XQGHU WKH 16:& OF SOLID WASTE
shall provide consulting, information,
training & networking services for the ‡ $OO FROOHFWRUV VKDOO EH HTXLSSHG ZLWK
implementation of this Act personal protective equipment;

‡ '(15 VKDOO FKDLU 1:6& DQG VKDOO ‡7UDLQLQJVKDOOEHJLYHQWRFROOHFWRUVWR

have visitorial powers, access & right to ensure that solid wastes are handled
copy records required to be maintained properly
pursuant to the provisions of this Act. It
shall have the right to enter premises of ‡&ROOHFWLRQRIVROLGZDVWHVKDOOEHGRQH
any generator, recycler, manufacturer & in a manner which prevents damage to
to question or investigate any fact container & spillage or scattering of solid
related to violation of this Act. wastes.

ROLE OF LGUS RECYCLING PROGRAM

‡ /*8 VKDOO EH UHVSRQVLEOH IRU WKH ‡ 7KH 1(& VKDOO DVVLVW /*8 LQ
implementation of the provisions of this establishing a deposit or reclamation
Act within their respective jurisdictions program in coordination with
manufacturers, recyclers & generators
‡ 3URYLQFLDO 6ROLG :DVWH 0DQDJHPHQW
Board chaired by governor shall be ‡ 2ZQHUV RI FRPPHUFLDO HVWDEOLVKPHQWV
established in each province are prohibited from selling products that
are placed in non-environmentally an
acceptable packaging.

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 lOMoARcPSD|9752915

‡ (VWDEOLVKPHQW RU RSHUDWLRQ RI RSHQ

WASTE MANAGEMENT FACILITIES dumps
‡ 0DQXIDFWXUH, importation, distribution
‡1RRSHQGXPSVVKDOOEHHVWDEOLVKHGRU or use of non- environmentally
operated. Open dumps shall be acceptable packaging materials
converted into controlled dumps
‡ ,PSRUWDWLRQ RI WR[LF ZDVWHV
‡ 3URYLQFH RI 5L]DO YV ([HFXWLYH misrepresented as recyclable or with
Secretary (13 Dec. 2005) - Two recyclable content
requisites are needed before a national
project that affects the environment may ‡ &RQVWUXFWLRQ RI HVWDEOLVKPHQWV ZLWKLQ
be implemented, there must be prior 200 meters from open/controlled dump
consultation with affected local or sanitary landfills.
communities & prior approval of the
project by the sanggunian. CITIZEN SUITS

JURISPRUDENCE ‡$Q\ FLWL]HQ ILOH PD\ D

civil/criminal/administrative suit against
‡ 6LWH VHOHFWHG IRU ODQGILOO PXVW LQ DQ any person who violates this Act, DENR
area where its operation will not or its agencies on orders, rules &
adversely affect environmentally regulations violative of this Act, any
sensitive resources such as public officer who willfully or grossly
groundwater reservoirs, or watershed neglects duty, abuses authority
areas (Prov of Rizal vs ES)
‡ 1R GRFNHW IHVV QRU LQMXQFWLRQ ERQG
‡ ,Q 00'$ YV &RQFHUQHG 5HVLGHQWV RI shall be collected.
Manila Bay (15 Feb 2011), SC required
MMDA to submit location of open &
controlled dumpsites & average amount
of garbage collected monthly per district

‡ 'LUHFWLYHV ZHUH SDUW RI FRQWLQXLQJ

mandamus for the & proper use of
natural resources.

PENAL PROVISIONS

‡ /LWWHULQJ WKURZLQJ RI ZDVWHV LQ SXEOLF

places such as roads, sidewalks, canals
‡Open burning of solid wastes

‡ 3HUPLWWLQJ WKH FROOHFWLRQ RI QRQ-

segregated wastes

‡6TXDWWLQJLQRSHQGXPSV

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 lOMoARcPSD|9752915

RULES OF PROCEDURE FOR witnesses, documentary "object

ENVIRONMENTAL CASES evidence.

Rule I, Sec. 2 Scope- These rules shall The complaint shall state that it is an
govern the procedure in civil, criminal, & environmental case & the law involved &
special civil actions before the RTC, shall include a certification against
MetC, MTC in Cities, MTC, & MCTC forum shopping.
involving enforcement or violation of
environmental, & other related laws, Sec. 4 Who may file- Any real party in
rules & regulations. including the government & interest,
juridical entities authorized by law, may
PLEADINGS & PARTIES file a civil action involving the
enforcement or violation of any
Rule 2, Sec I- The pleadings & motions environmental law
that may be filed are complaint, answer,
motion for intervention, motion for ‡$ )LOLSLQR RU DQ DOLHQ FDQ ILOH D VXLW DV
discovery & motion for reconsideration long as they are able to show direct &
of the judgment personal injury.

Motion for postponement, motion for Sec. 5 Citizen Suit- Any Filipino citizen
new trial & petition for relief from in representation of others, including
judgment shall be allowed in highly minors or generations yet unborn, may
meritorious cases or to prevent a file an action to enforce rights or
manifest miscarriage of justice obligations under environmental laws.
Upon the filing of citizen suit, the shall
Sec. 2 - The following shall not be issue an order which shall contain a
allowed: brief description of cause of action &
(a) Motion to dismiss the complaint reliefs prayed for, requiring all interested
(b) Motion for bill of particulars parties to manifest their interest to
(c) Motion for extension of time to file intervene within 15 days from notice.
pleadings except to file answer, The plaintiff may publish the order once
extension not more than 15 days in a newspaper of general circulation in
(d) Motion to declare defendant in Ph or furnish all affected barangays
default copies of said order.
(e) Reply & Rejoinder
(f) Third party complaint CITIZEN SUIT (CONT)

Sec. 3 Verified Complaint- The verified ‡ $Q\ )LOLSLQR FLWL]HQ DV VWHZDUG RI
complaint shall contain the names of the nature may bring suit to enforce
parties, their addresses, the cause of HQYLURQPHQWDO ODZV ‡ 3XEOLFDWLRQ LV
action & reliefs prayed for. permissive jurisdictional & meant to only
public participation
The plaintiff shall attach to the verified
complaint all evidence proving the ‡ &RXUW VKDOO GHIHU SD\PHQW  IHHV
cause of action consisting of affidavits of which shall serve as judgment. & non-

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 lOMoARcPSD|9752915

encourage other legal basis for which the applicant may oppose als by
judgement. affidavits

Sec. 6 Service of complaint on The TEPO may be dissolved if it

government or its agencies- Upon filing appears after hearing that Its issuance
of complaint, plaintiff is required to or continuance would cause irreparable
furnish the government or the damage to the person enjoined while
appropriate agency, although not a the applicant may be fully compensated
party, a copy of the complaint. Proof of for such damages as he may suffer &
service upon government or appropriate subject to the posting of a sufficient
agency shall be attached to complaint bond by the person enjoined.

‡,WLVPDQGDWRU\IRUSODLQWLIIWRQRWLI\WKH TEPO
PENR & OSG.
‡$Q(32LVDQRUGHULVVXHGE\WKHFRXUW
TEMPORARY ENVIRONMENTAL directing or enjoining any person or
PROTECTION ORDER (TEPO) JRY¶W DJHQF\ WR SHUIRUP RU GHVLVW IURP
performing an act in order to protect or
Sec. 8 Issuance of TEPO- If it appears preserve or rehabilitate the environment.
from the verified complaint with prayer
for issuance of EPO that the matter is of ‡ 7KH (32 VHUYHV VLPLODU IXQFWLRQ DV
extreme urgency & applicant will suffer prohibitory or mandatory injunction, but
grave injustice & irreparable injury, the it specifically applies to environmental
EJ of multiple sala (nurt before raffle or cases
the PJ of single sala court, may issue ex
parte a TEPO effective for only 72 hours ‡ 7(32 LV DYDLODEOH IRU ERWK FLYLO
from date of receipt of TEO by person criminal environmental cases, writ of
enjoined. Within said period, court shall kalikasan & writ of continuing madamus.
conduct a summary hearing to
determine whether the TEPO may be PROHIBITION AGAINST TRO &
extended until the termination of the PRELIMINARY INJUNCTION
case.
Sec. 10 Except the SC, no court can
Court where case is assigned issue a TRO or writ of preliminary
shall periodically monitor the existence injunction against lawful actions of
of acts subject matter of TEPO even if government agencies that enforce
issued by EJ & may lift the same as environmental laws or prevent violations
circumstances warrant. thereof.

DISSOLUTION OF TEPO ‡ 'HULYHG IURP 3'   

prohibiting issuance of TRO & Pl on
Sec. 9 Action on motion for dissolution essential government projects.
of TEPO- The grounds for motion to
dissolve TEPO shall be supported by
affidavits of the party or person enjoined

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VERIFIED ANSWER Failure to file PTB shall have the same

effect as failure to appear at PT.
Sec 14 Within 15 days from receipt of
summons, Defendant shall file verified MEDIATION
answer & serve copy thereof to plaintiff.
Defendant shall attach affidavits of Sec 3 At the start of PTC, court shall
witnesses, reports, studies of experts, & inquire from parties if they settled the
all defense evidence. dispute, otherwise court shall refer
parties to PMC for mediation.
Affirmative & special defenses
not pleaded shall be deemed waived, Mediation must be conducted
except lack of jurisdiction. within non- extendible period of 30 days
from receipt of notice of referral.
Cross claims & compulsory
counterclaims not asserted shall be Mediation report must be
deemed barred. Answer to counterclaim submitted within 10 days from expiration
or cross claim shall be filed & served of 30 day period.
within 10 days from service of answer in
which they are pleaded. ‡ 0HGLDWLRQ LV D SURFHVV ZKHUH DQ
impartial 3rd person facilitates
EFFECT OF FAILURE TO ANSWER communication & negotiation for the
purpose of assisting parties reach a
Sec 15 Should the Defendant fail to voluntary agreement.
answer the complaint within the period
provided, the court shall declare PRELIMINARY CONFERENCE
defendant in default & upon motion of
plaintiff, shall receive evidence ex parte Sec 4 If mediation fails, court will
& render judgment based thereon & schedule continuance of PT. Before P T,
reliefs prayed for. court may refer case to BCOC for
preliminary conference for marking of
PRE TRIAL evidence, assisting parties to settle,
submission of depositions, submission
Sec. 1 Within 2 days from filing of of names of witnesses.
answer to counterclaim or cross claim, if
any, the BCOC shall issue a notice of CONSENT DECREE
PT to be held not later than 1 month
from filing of last pleading Sec. 5 The judge shall put the parties &
their counsels under oath & they shall
‡ 3UH WULDO is a mandatory conference & remain under oath in all PTC
personal confrontation before the judge
between the parties & their counsels for Judge shall exert best efforts to
the purpose of settling litigation ASAP or persuade parties to arrive at settlement.
simplifying the issues Judge may issue a consent decree
approving the agreement between the
Sec. 2 At least 3 days before the pre- parties in accordance with law, morals,
trial, parties shall submit pre-trial briefs. public order & public policy to protect

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 lOMoARcPSD|9752915

the right of the people to a balanced & evidence shall be allowed & the
healthful ecology opposing party shall immediately
interpose his objections. The judge shall
‡ &RQVHQW 'HFUHH-judicially approved rule on offer of evidence in open court.
settlement between concerned parties
based on public interest & public policy PERIOD TO TRY & DECIDE
to protect & preserve the environment.
Sec 5 The court shall have a period of I
EFFECT OF FAILURE TO APPEAR AT year from filing of complaint to try &
PRE- TRIAL decide case. Before expiration 1 year
period, court may petition SC for
Sec. 7 The Court shall not dismiss the extension for justifiable cause.
complaint, except upon repeated &
unjustified failure of plaintiff to appear. Court shall prioritize the
Dismissal shall be without prejudice & adjudication of environmental cases.
court may proceed with counterclaim.
JUDGMENT & EXECUTION (RULE 5)
If defendant fails to appear at PT,
court shall receive evidence ex-parte Sec 1 Reliefs in citizen suit- If
warranted, the court may grant the
CONTINUOUS TRIAL (RULE 4) plaintiff reliefs which include protection,
preservation or rehabilitation of
Sec. 1 The judge shall conduct environment & payment of attorney's
continuous trial which shall not exceed fees, costs of suit & other litigation
two (2) months from date of issuance of expenses. It may also require violator to
pre-trial order submit a program of rehabilitation or
restoration of environment, the cost
Before the expiration of 2-month shall be borne by violator or to
period, the judge may ask the SC for contribute to a special trust fund for that
extension of trial period for justifiable purpose
cause
‡ 1R GDPDJHV FDQ EH DZDUGHG LQ
Sec. 2 In lieu of direct examination, citizens suit because it is the
affidavits shall serve as direct environment that is vindicated.
examination of affiant subject to cross
by adverse party. Sec 2 Any judgment directing the
performance of acts for the protection,
1 DAY EXAMINATION OF WITNESS preservation or rehabilitation of the
RULE environment shall be executory pending
appeal unless restrained by appellate
Sec. 3 The court shall strictly adhere to court
the rule that a witness has to be fully
examined in 1 day subject to court's ‡ -XGJPHQW LV LPPHGLDWH H[HFXWRU\ 
discretion of extending the examination cannot be stayed by posting bond. Sole
for justifiable reason. After presentation remedy is to apply for TRO with CA
of last witness, only oral offer of

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PERMANENT EPO SLAPP AS A DEFENSE

Sec 3 In the judgment, the court may Sec 2-SLAPP filed against a person
convert the TEPO to a permanent EPO involved in the enforcement of
or issue writ of continuing mandamus environmental laws, protection of the
directing the performance of acts which environment, or assertion of
shall be effective until judgment is fully environmental rights, the defendant may
satisfied file an answer interposing as a defense
that the case is a SLAPP & shall be
The court may motu proprio of supported by documents, affidavits,
WKUX JRY¶W DJHQF\ PRQLWRU WKH execution papers & pray for damages, attorneys¶
of judgment & require party concerned fees & costs of suit
to submit written reports on quarterly
basis detailing progress of execution of The court shall direct the plaintiff to file
judgment. an opposition showing the suit is not a
SLAPP within non-extendible period of 5
MONITORING OF COMPLIANCE days from receipt of answer, attaching
thereto evidence
Sec 4 The court may motu proprio or
upon motion order the enforcement of Defense of SLAPP shall be set for
judgment be referred to a commissioner hearing after issuance of order to file
to be appointed by court. The opposition within 15 days from filing of
commissioner shall file written progress comment or lapse of period
reports on quarterly basis or more
frequently EXAMPLES OF SLAPP

Sec 5 The process of writ of execution ‡;ILOHVDFRPSODLQWLQDQHQYLURQPHQWDO

shall terminate upon sufficient showing case against A (violator of
that decision or order has been environmental laws) and A retaliates by
implemented to the satisfaction of the filing a complaint for damages against X
court.
‡ Since a motion to dismiss is a
SLAPP (RULE 6) prohibited pleading, SLAPP should be
raised as an affirmative defense in the
Sec. 1 Strategic lawsuit against public answer
participation - a legal action filed to
harass, vex, exert undue pressure or SUMMARY HEARING
stifle any legal recourse that any person, Sec 3 The hearing on the defense of
institution or the government has taken SLAPP shall be summary in nature. The
or may take in the enforcement of parties must submit all available
environmental laws, protection of the evidence. Party seeking dismissal of
environment or assertion of case must prove by substantial
environmental rights shall be treated as evidence that his act for the
a SLAPP. enforcement of environmental law is a
legitimate action. The party filing the
action assailed as a SLAPP shall prove

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 lOMoARcPSD|9752915

by preponderance of evidence that the health or property of inhabitants of 2 or

action is not a SLAPP and is a valid more cities or provinces
claim
‡ :. VHHNV WR DGGUHVV WKH SRWHQWLDOO\
RESOLUTION OF THE DEFENSE OF exponential nature of large scale
SLAPP ecological threats

Sec 4 The affirmative defense of SLAPP ‡ :. LV FDWHJRUL]HG DV D VSHFLDO FLYLO
shall be resolved within 30 days after action which provides judicial relief to
summary hearing. If the court dismisses threatened or actual violations of right to
the action, the court may award balanced & healthful ecology.
damages, attorneys fees & costs of suit
under a counterclaim. The dismissal WK REQUISITES
shall be with prejudice.
1. There is an actual or threatened
If the court rejects the defense of violation of right to balanced & healthful
SLAPP, evidence adduced during the ecology
summary hearing shall be treated as
evidence of the parties on the merits of 2. The actual or threatened violation
the case. arises from unlawful act or omission of
public official or employee or private
The court is required to prioritize the individual or entity
hearing & resolution of SLAPP as a
defense. 3. The actual or threatened violation
involves or will lead to an environmental
WRIT OF KALIKASAN (RULE 7) damage of such magnitude as to
prejudice the life, health or property of 2
Sec1 Nature of the writ-The writ is a or more cities or provinces.
remedy available to a natural or juridical
person, POs, NGOs or any public DISTINCTION BETWEEN RULE 65
interest group on behalf of persons CERTIORARI & WK
whose constitutional right to a balanced
& healthful ecology is violated or ‡6XEMHFW PDWWHU- WK covers any
threatened with violation by an unlawful unlawful act or omission involving
act or omission of a public official or environment, Rule 65 covers grave
employee, or private individual or entity, abuse of discretion
involving environmental damage of such
magnitude as to prejudice the life, health ‡:KR PD\ ILOH 32V SXEOLF LQWHUHVW
or I property of inhabitants in 2 or more group, whose environmental rights are
cities or provinces. violated, Rule 65 only the aggrieved
party
NATURE OF WRIT OF KALIKASAN
‡ 5HVSRQGHQW-WK respondent may
‡:.LVDQH[WUDRUGLQDU\UHPHG\LVVXHG private individual/entity; Rule 65 only
to address environmental damages of government & its officers
such magnitude as to prejudice the life,

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 lOMoARcPSD|9752915

‡([HPSWLRQ IURP GRFNHW IHH-WK RETURN OF RESPONDENT

exempt,
Sec 8 Within a non-extendible period of
‡([KDXVWLRQRIDGPLQLVWUDWLYHUHPHGLHV- ten (10) days after service of writ,
not in WK Period to file-Rule 65, 60 respondent shall file a verified return
days from notice of judgment or denial which shall contain all defenses to show
of MR, WK has no such timeline that respondent did not violate or
threaten to violate or allow the violation
‡ 9HQXH-Rule 65 filed With RTC, CA & of any environmental law, rule or
SC; WK can be filed directly With CA & regulation or commit any act resulting to
SC environmental damage of such
magnitude as to prejudice the life, health
‡'LVFRYHU\ PHDVXUHV-not available for or property of inhabitants in 2 or more
Rule 65 but may be availed in WK. cities or provinces

VENUE All defenses not raised in return

is waived. Return small include affidavits
Sec 3 Where to file - petition shall be of witnesses, documentary evidence,
filed with SC or with any of the stations object evidence
of CA
PROHIBITED PLEADINGS
‡0DJQLWXGHRIHQYLURQPHQWDOGDPDJHLV
the reason why it may be filed directly Sec 9 The following pleadings &
with CA and SC whose jurisdiction is motions are prohibited:
national in scope a. Motion to dismiss
b. Motion for extension of time to file
‡ ,I PDJQLWXGH RI GDPDJH DIIHFts return
inhabitants of less than 2 cities or c. Motion for postponement
provinces, suit may be filed before RTC d. Motion for bill of particulars
which has territorial jurisdiction e. Counterclaim or cross claim
f. Third party complaint
Sec 4 No docket fees - the petitioner g. Reply &
shall be exempt from payment of docket h. Motion to declare respondent in
fees. default

ISSUANCE OF WRIT FAILURE TO FILE RETURN/HEARING

Sec 5 Within 3 days from filing of Sec 10 In case respondent fails to file
petition, if it is sufficient in form & return, court shall proceed to hear
substance, the court shall give an order evidence ex parte
issuing the writ& requiring respondent to
file verified return. The COC shall issue Sec. 11 Hearing-Upon receipt of return,
the writ under seal of court including may call a preliminary conference to
issuance of CDO & other temporary simplify issues, obtain stipulations & set
reliefs the same for hearing

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 lOMoARcPSD|9752915

Hearing including PC shall not JURISPRUDENCE

extend beyond 60 days & shall be given
the same priority as writs of habeas ‡ 3DMH vs Casino (3 Feb 2015)-
corpus, amparo & habeas data. allegations cannot come within WK
coverage because no causal link or
SUBMISSION FOR DECISION reasonable connection was shown
between defects/irregularities in
Sec 14 After hearing, the court shall issuance of ECC & actual or threatened
issue an order submitting the case for violation of right to balanced & healthful
decision. The court may require the ecology
filing of memoranda within 30 days from
date petition is submitted for decision ‡ $ULJo vs Swift (16 Sep 2014)-while
‡ 0HPRUDQGD PD\EH ILOHG LQ HOHFWURQLF Rules allow recovery of damages, action
form to hasten the resolution of the should be filed not in WK petition but in
petition a separate civil suit.

Judgment ‡ :HVW 7RZHU &RQGR YV )LUVW 3K

Industrial corp (31 May 2011)-first WK
Sec 15 Within 60 days from time petition with TEPO was issued ordering FPIC to
is submitted for decision, the court shall cease from operating the leaking
render judgment granting or denying the pipeline until further orders from the
privilege of writ of kalikasan court, to check structural integrity of
pipeline, & make a report within 60 days
Reliefs that may be granted are the
following: ‡ :ULW ZLOO QRW LVVXH LI WKH DOOHJHG
environmental damage is not
a. Directing respondent to permanently substantiated by experts on
cease & desist from committing acts or environmental matters
neglecting the performance of a duty in
violation of environmental laws resulting APPEAL
in environmental destruction or damage.
b. Directing respondent public official, Sec 16-Within 15 days from date of
government agency, private notice of adverse judgment or denial of
person/entity: 1. to protect, preserve, MR, any party may appeal to SC under
rehabilitate or restore the environment Rule 45 of ROC. The appeal may raise
2. to monitor strict compliance with questions of fact.
decision and orders of court 3. to make
periodic reports on the execution of final Petition may include application
judgment for preliminary Injunction
d. Such other reliefs relating to the right
of people to balanced & healthful Sec 17 -The filing of a WK petition shall
ecology except award of damages to not preclude the filing of separate civil,
individual petitioners. criminal or administrative actions.

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WRIT OF CONTINUING MANDAMUS hear the case which shall be summary

(RULE 8) in nature or require parties to submit
memoranda. The petition shall be
Sec 1 When any agency or resolved within 60 days from date of
instrumentality of the government or submission for resolution.
officer unlawfully neglects the
performance of an act which he law JUDGMENT
specifically enjoins as a duty resulting
from an office, trust or station in Sec 7 If warranted, the court shall grant
connection with enforcement or violation the privilege of WCM requiring
of environmental law, rule or regulation respondent to perform an act or series
or unlawfully excludes another from use of acts until judgment is fully satisfied &
or enjoyment of such right & there is no to grant such other reliefs as warranted
other plain, speedy & adequate remedy resulting from wrongful or illegal acts of
in the ordinary course of law, person respondent. Court shall require
aggrieved may file a verified petition in respondent to submit periodic reports
proper court alleging facts with certainty, detailing the progress of execution & the
attaching supporting evidence, court may or thru a commissioner
specifying the environmental law, rule or monitor compliance.
regulation. Petition shall contain sworn
certification of non-forum shopping. JURISPRUDENCE

WCM ‡ 00'$ YV &RQFHUQHG 5HVLGHQWV RI

Manila Bay (18 Dec 2008)- SC orders to
‡ )XQFWLRQ RI PDQGDPXV LV WR VHW LQ monitor compliance by requiring
motion & to compel action submission of progress reports are in
the nature of continuing mandamus
‡:&0FRPPDQGVUHVSRQGHQWWRGR DQ which is an integral part of court's
act or series of acts until judgment is adjudicative functions.
fully satisfied
‡ ,WV ILQDO MXGJPHQW LQFOXGHV QRW RQO\
‡ ,WV DYDLODELOLW\ DV D VSHFLal civil action what appears on its face to have been
complements its role as a final relief in adjudged but also matters actually &
environmental civil cases and in WK necessarily included therein or
where WCM may also be issued if facts necessary thereto.
warrant such relief.

TEPO

Sec 5 The court in which the petition is

filed may issue such orders to expedite
the proceedings, and it may also grant a
TEPO for the preservation of the rights
of the parties pending such proceedings
Sec 6 After the comment is filed or the
time of filing has expired, the court may

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 lOMoARcPSD|9752915

CODE ON SANITATION OF THE PH raise the health standards of individuals

& communities
P.D. NO. 856 or the Code of Sanitation
of the Philippines was enacted on 23 ‡([WHQGPD[LPXPKHDOWKVHUYLFHVWRWKH
December 1978. in rural areas and provide medical those
who cannot afford it by reason of
Said law updated and codified poverty
the various sanitary laws to ensure that
they are keeping with modern standards ‡'HYHORS DGPLQLVWHU  FRRUGLQDWH
of sanitation and to provide e guide for various health activities & services
their enforcement. which shall including public health,
preventive, curative and rehabilitative
The Code on Sanitation prescribed programs, medical care and education
standards and procedures for: services
1. Water supply;
2. food establishments ‡8SJUDGH WKH VWDQGDUGV 2I PHGLFDO
3. markets and abattoirs; practice, the quality of health services &
4, public laundry programs to assure the people of better
5. School sanitation and health services health services
6. industrial hygiene,
7. public swimming and bathing places, ‡$VVLVW ORFDO KHDOWK DJHQFLHV ,Q
8. rest areas, bus terminals, bus stops & developing health & promote medical
service stations and public health research
9. camps and picnic grounds,
10. standing schools, dance halls, and ‡,VVXH SHUPLWV WR HVWDEOLVK  RSHUDWH
night clubs; government and private hospitals,
11. Tonsorial and beauty establishments clinics, school of nursing, midwifery and
12. Massage clinics and sauna bath other para medical courses, clinical
establishments laboratories and blood banks
13. Hotels, motels, and apartments,
lodging, boarding tenement houses and ‡Prescribe standard rates of fees for
condominiums; health, medical, laboratory & other
14. port, airport, vessel & aircraft public health services.
sanitation 15. vermin control
16. sewage collection and disposal, ROLE OF LGUS/PROHIBITED ACTS
excreta disposal & drainage
17. refuse dispose of nuisances & ‡8QGHUVHF E (4) (vi) of the Local
offensive trades & occupation Government Code of 1991 (R.A.7160)
19. pollution of the environment the Local Health Officer is charged with
20. Disposal of dead persons. the duty Of directing the Sanitary
inspection Of business establishments
POWERS OF DOH within his area of jurisdiction that are
selling food Items or providing
‡ 8QGHUWDNH WKH SURPRWLRQ DQG accommodation such as hotels, motels,
preservation of the people's health and houses in accordance with the
Sanitation Code.

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 lOMoARcPSD|9752915

PROHIBITED ACTS

1. Violating, disobeying, refusing,

omitting or neglecting to comply
with the rules and regulations
under the Code
2. Interfering with or hindering or
opposing any officer, agent or
member of the DOH or the
bureaus and offices under it in
the performance of his duty under
the Sanitation Code
3. Tearing down, mutilating,
defacing or altering any placard
or notice affixed to premises in
the enforcement of the code.

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 lOMoARcPSD|9752915

MARINE POLLUTION DECREE OF or upon the territorial and inland

1976 navigable waters Of Ph

‡3'  RWKHUZLVH NQRZQ DV WKH Throw, discharge or deposit, dump or
Marine Pollution Of 1976 was enacted cause suffer or procure to be thrown,
August 1976 discharged in deposited either from out
of any ship, barge, or other floating craft
‡6DLGODZSURYLGHGIRUWKHUHYLVLRQRI3' or vessel of any kind in from the shore
No. 600 governing marine pollution wharf, manufacturing establishment or
mill of any kind, any refuse matter of any
‡7KH ODZ ZDV EDVHG RQ WKH GHFODUHG kind or description whatever other than
policy to prevent and control the that flowing from streets and sewers and
pollution Of sea the dumping of wastes passing therefrom in a liquid state into
which create hazards to human health, tributary of any navigable water from
harm living resources marine life, which the same shall float Or be washed
damage amenities or interfere with the into such navigable water.
legitimate uses of the sea within
territorial jurisdiction of the Philippines Deposit or cause, suffer or procure to be
deposited material of any kind in any
Exception to Prohibited Acts place on the bank of any navigable river
or on the bank of any tributary of any
‡,QFDVHVRIHPHUJHQF\LPSHULOLQJOLIHRU navigable water where the same shall
property or unavoidable accident, be liable to be washed into such
collision stranding or in any cases which navigable water, either by ordinary or
constitute danger to human life or high tides or by storms or floods,
property or a real thereof to vessel, whereby navigation may be impeded or
aircraft, platform or other man made obstructed or increased the level of
structure or If the dumping Is the only pollution of such water.
way of averting the threat and if there is
probability that the damage consequent
such dumping will be less than would
otherwise occur & except as otherwise
permitted by regulations of Coast Guard
or National Pollution Control
Commission.

PROHIBITED ACTS

Discharge, dump or suffer, permit the

discharge of oil. noxious gage, and
liquid substances & other harmful
substances from Or out of any ship,
vessel, barge or any of the floating craft,
or other man made structures at sea or
by any method, means or manner into

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 lOMoARcPSD|9752915

PLANT QUARANTINE DECREE OF to become agricultural crop pests

1978 is prohibited (Sec 4).

‡P.D. No. 1433 or the Plant Quarantine

Decree was enacted on 10 June 1978.

¾ The PD revised and consolidated

existing plant quarantine laws to
further Strengthen the plant
quarantine service of the Bureau
Of Plant Industry
¾ The law aimed to put certain
measures geared towards the
prevention Of the introduction
incursion, establishment and
subsequent spread of plant pest
by regulating the international
and domestic movements of
plants and plant products which
was their considered more
practical than other methods of
plant pest control.
¾ The Director of the Bureau of
Plant Industry with approval of
DA secretary has the power
promulgate rules and regulations
and issue quarantine orders
pertaining to the importance
and/or introduction to Ph Of
plants, plant products, soil,
packing materials of plant origin.
¾ Sec 8 of PD 1433 provides for
the domestic quarantine of plants
& plant products. To carry out the
provisions of the decree, a Plant
Quarantine Board created.
¾ The Plant Quarantine officers
shall inspect and issue
phytosanitary certification of all
plants, plant products and other
related materials capable of
harboring plant pets, if the
importing country requires
¾ The importation of certain
species of animals that are liable

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 lOMoARcPSD|9752915

TOXIC SUBSTANCES & HAZARDOUS include nuclear fuel, or radioisotopes

WASTES ACT which have reached the final stage of
fabrication so as to be usable for any
It is the policy of the State to regulate, scientific, medical, agricultural,
restrict or prohibit the importation, commercial, or industrial purpose.
manufacture, processing, sale,
distribution, use and disposal of PROHIBITED ACTS
chemical substances and mixtures that
present unreasonable risk and/or injury a) Knowingly use a chemical substance
to health or the environment; to prohibit or mixture which is imported,
the entry, even in transit, of hazardous manufactured, processed or
and nuclear wastes and their disposal distributed in violation of this Act or
into the Philippine territorial limits for implementing rules and regulations
whatever purpose; and to provide or orders;
advancement and facilitate research
and studies on toxic chemicals. b) Failure or refusal to submit reports,
notices or other information, access
HAZARDOUS to records, as required by this Act, or
SUBSTANCES/WASTES/NUCLEAR permit inspection of establishment
WASTES where chemicals are manufactured,
processed, stored or otherwise held;
Hazardous substances are substances
which present either short term acute c) Failure or refusal to comply with the
hazards such as acute toxicity by pre-manufacture and pre-importation
ingestion, inhalation or skin absorption, requirements; and
corrosivity or other skin or other skin or
eye contact hazard or the risk of fire or d) Cause, aid or facilitate, directly or
explosion; or long term environmental indirectly, in the storage, importation,
hazard including chronic toxicity upon or bringing into Philippines territory,
repeated exposure, carcinogenicity, including its maritime economic
potential to pollute underground or zones, even in transit, either by
surface waters, offensive odors. means of land, air or sea
transportation or otherwise keeping
Hazardous wastes are hereby defined in storage any amount of hazardous
as substances that are without any safe and nuclear wastes in any part of the
commercial, industrial, agricultural or Philippines.
economic usage and are shipped,
transported or brought from the country Priority Chemical List is a short list of
of origin for dumping or disposal into or chemicals that were determined to
in transit through any part of the territory potentially pose unreasonable risks to
of the Philippines. public health, workplace, and
environment.
Nuclear wastes are hazardous wastes
made radioactive by exposure to the Philippine Inventory of Chemicals &
radiation incidental to the production or Chemical Substances is a list of existing
utilization of nuclear fuels but does not industry chemicals and chemical

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 lOMoARcPSD|9752915

substances used, sold or distributed,

imported, processed, manufactured,
stored or transported in the Philippines.

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 lOMoARcPSD|9752915

WILDLIFE CONSERVATION & DEFINITIONS

PROTECTION ACT
Wildllife ± wild forms and varieties of
The law aims to conserve and protect flora and fauna in all developmental
the wildlife resources and their habitat stages those which are in captivity or
DQG WR SURWHFW WKH FRXQWU\¶V IDXQD IURP are being bred or propagated.
illicit trade, abuse, and destruction thru:
Endangered species ± species or
x Conserving and protecting subspecies that is not critically
wildlife species and their endangered but survival in the wild is
habitat; unlikely if the causal factor continue
x Regulating the collection and operating.
trade of wildlife;
x 3XUVXLQJ WKH FRXQWU\¶V Endemic species ± species or
commitment to interntional subspecies which are naturally
conventions on protection of occurring and found within specific
wildlife; areas in the country.
x Initiating or supporting
scientific studies on the Exotic species ± species or subspecies
conservation of biological which do not naturally occur in the
diversity. country.

RA 9147 is enforceable for all wildlife Introduction ± bringing species into the
species found in all areas of the country wild that is outside its natural habitat.
including protected areas under NIPAS
and critical habitats. It also applies to Indigenous wildlife ± species or
exotic species which are subject to subspecies of wildlife naturally occurring
trade, cultured or bred in captivity. or has established population in the
country.
The introduction or reintroduction or
restocking of endemic and indigenous Poachers ± persons who hunt animals
wildlife is allowed only for population or fish illegally on the property of
enhancement or recovery purposes another.
subject to prior clearance from DENR
Dec. or his representative. Critical habitat ± areas outside protected
areas that are known having threatened
Conservation breeding or propagation of species.
threatened species shall be encouraged
to enhance its population in its natural Threatened species ± species or
habitat. It shall be done simultaneously subspecies considered as critically
with the rehabilitation of the habitat endangered, vulnerable, or other
where the captive bred or propagated accepted categories whose population
species are released, and reintroduced. is at risk of extinction.

Species endemicity ± state of natural

occurrence and finding of species or

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 lOMoARcPSD|9752915

subspecies within specific areas in the (v) logging; and

country. (vi) quarrying

ILLEGAL ACTS d.) introduction, reintroduction or

restocking of wildlife resources;
It shall be unlawful for any person to
willfully and knowingly exploit wildlife e.) trading of wildlife;
resources and their habitats, or
undertake the following acts: f.) collecting, hunting or possessing
wildlife, their by-products and
a.) killing and destroying wildlife derivatives;
species, except in the following
instances; g.) gathering or destroying of active
nests, nest trees, host plants and the
(i) when it is done as part of the like;
religious rituals of established
tribal groups or indigenous h.) maltreating and/or inflicting other
cultural communities; (ii) when injuries not covered by the preceding
the wildlife is afflicted with an paragraph; and (i) transporting of
incurable communicable disease; wildlife.
(iii) when it is deemed necessary
to put an end to the misery
suffered by the wildlife;
(iv) when it is done to prevent an
imminent danger to the life or
limb of a human being; and
(v) when the wildlife is killed or
destroyed after it has been used
in authorized research or
experiments.

b.) inflicting injury which cripples and/or

impairs the reproductive system of
wildlife species;

c.) effecting any of the following acts in

critical habitat(s)

(i) dumping of waste products

detrimental to wildlife;
(ii) squatting or otherwise
occupying any portion of the
critical habitat;
(iii) mineral exploration and/or
extraction;
(iv) burning;

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