envi law reviewer

8/10/2019 Envi Law Reviewer

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E n v i r o n m e n t a l L a w R e v i e w e r | 2

AJDM Notes 2014 Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Under the Convention, governments:

gather and share information on greenhouse gas emissions,national policies and best practices;

launch national strategies for addressing greenhouse gasemissions and adapting to expected impacts, including theprovision of financial and technological support todeveloping countries ;

cooperate in preparing for adaptation to the impacts ofclimate change

KEY ELEMENT:parties should act to protect the climate system onthe basis of EQUALITY and in accordance with their COMMON BUTDIFFERENTIATED responsibilitiesand respective capabilities.

The principle of COMMON but DIFFERENTIATEDresponsibilitiesincludes 2 elements: (Very important. Tinatanongni Ambatol pag malapit na finals. Tinanong din sa final exam)

(1) Common responsibilities of parties to protect theenvironment, parts of it, at the national, regional, and globallevels

(2) Need to take into account the different circumstances,particularly each partys contribution to the problem and itsability to prevent, reduce, and control threat.

Another element underpinning the UNFCCC is the polluter pays

principle. This means that the party responsible for producingpollution is responsible for paying for the damage done to thenatural environment.

ASEAN AGREEMENT ON TRANSBOUNDARYHAZE POLLUTION

An agreement which binds a group of contiguous states totackle transboundary haze pollution resulting from land andforest fires.

The agreement requires parties to:

COOPERATEin developing and implementing measures toprevent, monitor, and mitigate transboundary haze pollutionby controlling sources of land and forest fires, assessmentand early warning systems, exchange of information, andmutual assistance.

RESPOND PROMPTLYto a request for relevantinformation sought by a state affected or may be affected bytransboundary haze pollution.

TAKElegal, administrative, and/or other measures toimplement their obligation under the agreement.

MEMBERS OF ASEAN

Philippines Brunei Darussalam Laos Malaysia Myanmar Singapore Thailand Vietnam Indonesia

Cambodia

DENR BUREAUS AND ATTACHEDAGENCIES: ENVIRONMENTAL FUNCTIONS

(1) Ecosystems Research and Development Bureau-principalresearch and development (R & D) unit of DENR. Its R & D andextension activities are focused on the 5 major ecosystems of the


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Philippines which include forests, upland farms, grassland anddegraded areas, coastal zone and freshwater, and urban areas.

(2) Environmental Management Bureau (EMB)- the primarygovernment agency under the Department of Environment and

Natural Resources to formulate, integrate, coordinate, supervise andimplement all policies, programs, projects and activities relative tothe prevention and control of pollution as well as the managementand enhancement of environment (e.g. It is mainly responsible forthe implementation and enforcement of RA 8749 (Phil Clean Air Actof 1999).

(3) Forest Management Bureau (FMB)- provides support for theeffective protection, development, occupancy management, andconservation of FOREST LANDS and WATERSHEDS.

(4) Land Management Bureau (LMB)-As per Executive Order192, LMB shall ADVISE the Secretary on matters pertaining torational land classification, management, and disposition.

It is an agency of the Philippine government under the Departmentof Environment and Natural Resources responsible for administering,surveying, managing, and disposing Alienable and Disposable (A&D)lands and other government lands not placed under the jurisdictionof other government agencies.

(5) Mines and Geosciences Bureau (MGB)- government agencyresponsible for the conservation, management, development, and

proper use of the countrys mineral resources including those inreservations and lands of public domains.

(6) Protective Areas and Wildlife Bureau (PAWB)- The Bureaushall have the following functions:

Formulate and recommend policies, guidelines, rules andregulations for the establishment and management of anIntegrated Protected Areas Systems such as national parks,

wildlife sanctuaries and refuge, marine parks, andbiospheric reserves;

Formulate an up-to-date listing of endangered Philippineflora and fauna and recommend a program of conservationand propagation of the same;

Assist the Secretary in the monitoring and assessment ofthe management of the Integrated Protected AreasSystem and provide technical assistance to the regionaloffices in the implementation of programs for theseareas;

Formulate and recommend policies, guidelines, rules andregulations for the preservation of biological diversity,genetic resources, the endangered Philippine flora andfauna;

Perform other functions as may be assigned by theSecretary and/or provided by law.

PD 1151: PHILIPPINE ENVIRONMENTALPOLICY

Purpose:To protect the right of the people to a healthyenvironment through a requirement of environmental impactassessments and statements

Features:

(1)

Declares a continuing policy of the State(a) to create,develop, maintain, and improve conditions under which manand nature can thrive in productive and enjoyable harmonywith each other, (b) to fulfill the social, economic, and otherrequirements of present and future generations of Filipinos,(c) to ensure the attainment of an environmental quality thatis conducive to a life of dignity and well being

(2) In pursuing this policy , it shall be the responsibility of thegovernment, in cooperation of concerned private


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organizations and entities, to use all practicable means,consistent with other essential considerations of nationalpolicy, in promoting the general welfare to the end that thenation may (a) recognize, discharge, and fulfil theresponsibilities of each generation as trustee and guardian of

the environment for the succeeding generations, (b) assurethe people of a safe, decent, helpful, productive, andaesthetic environment, (c) encourage the widest exploitationof the environment without degrading it, or endangeringhuman life, health, and safety or cr4eating conditionsadverse to agriculture, commerce, and industry, (d) preserveimportant historic and cultural aspects of the Philippineheritage, (e) attain a rational and orderly balance betweenpopulation and resource use, (f) improve the utilization ofrenewable and non-renewable resources.

(3)

In furtherance of these goals and policies, the governmentrecognizes the right of the people to a healthfulenvironment. It shall be the duty and responsibility of eachindividual to contribute to the preservation andenhancement of the Philippine environment.

(4) Pursuant to the above enunciated policies and goals, allagencies and instrumentalities of the national government,including all government owned and controlled corporationsas well as private corporations and firms and entities shallprepare, file, and include in every action, project, orundertaking which significantly affects the quality of the

environment a detailed statement on:

the environmental impact of the proposed action,project, or undertaking;

any adverse environmental effect which cannot beavoided should the proposal be implemented;

alternative to the proposed action; a determination that the short-term uses of the

resources of the environment are consistent with

the maintenance and enhancement of the long-term productivity of the same; and

whenever a proposal involves the use of depletableor non-renewable resources, a finding must bemade that such use and commitment are

warranted.

PD 1152: PHILIPPINE ENVIRONMENTALCODE

Purpose:To achieve and maintain such levels of air quality as toprotect public health and to prevent to the greatest extentpracticable, injury and/or damage to plant and animal life andproperty, and promote the social and economic development of thecountry

Features:

(1) Provided a comprehensive program of environmentalprotection and management. The Code established specificenvironment management policies and prescribesenvironmental quality standards.

(2) To achieve and maintain such levels of air quality as toprotect public health and to prevent to the greatest extentpracticable, injury and/or damage to plant and animal lifeand property, and promote the social and economicdevelopment of the country

(3) Prescribe management guidelines to protect and improvewater quality through: classification of Philippine waters,establishment of water quality standards, protection andimprovement of the quality of the Philippine waterresources, and responsibilities for surveillance and mitigationof pollution incidents


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obligation to ensure the protection of that right for the generationsto come.

(2) NO.The Court does not agree with the trial courts conclusionsthat the plaintiffs failed to allege with sufficient definiteness a

specific legal right involved or a specific legal wrong committed, andthat the complaint is replete with vague assumptions andconclusions based on unverified data.

The complaint focuses on one specific fundamental legal righttheRIGHT TO A BALANCED AND HEALTHFUL ECOLOGYwhich issolemnly incorporated in fundamental law. While said right is to befound under the Declaration of Principles and State Policies, it doesnot follow that it is less important than any civil political rights.

The right to a balanced and healthful ecology carries with it thecorrelative right to refrain from impairing the environment.

MANILA PRINCE HOTEL VS GSIS

FACTS:

Pursuant to the privatization program of the government, GSISdecided to sell 30-51% of the issued and outstanding shares oftheManila Hotel Corporation (MHC). Two bidders participated, ManilaPrince Hotel Corporation (MPHC) and Malaysian Firm Renong Berhad(RB). MPHCs bid was at P41.58/per share while RBs bid was at

P44.00/share. RB was the highest bidder hence it was logicallyconsidered as the winning bidder but is yet to be declared so.Pending declaration, MPHC matches RBs bid and invoked the FilipinoFirst policy enshrined under par. 2, Sec. 10, Art. 12 of the 1987Constitution, but GSIS refused to accept. In turn MPHC filed a TROto avoid the perfection/consummation of the sale to RB.

RB then assailed the TRO issued in favor of MPH arguing amongothers that:

Par. 2, Sec. 10, Art. 12 of the 1987 Constitution needs animplementing law because it is merely a statement ofprinciple and policy (not self-executing);

Even if said passage is self-executing, Manila Hotel does notfall under national patrimony.

ISSUE:Whether or not RB should be admitted as the highest bidderand hence be proclaimed as the legitimate buyer of shares.

HELD:

No. MPHC should be awarded the sale pursuant to Art. XII of the1987 Constitution. This is in light of the Filipino First Policy.

Par. 2, Sec. 10, Art. XII of the 1987 Constitution is self-executing.The Constitution is the fundamental, paramount and supreme law ofthe nation, it is deemed written in every statute and contract.

Manila Hotel falls under national patrimony.Patrimony in itsplain and ordinary meaning pertains to heritage. When theConstitution speaks of national patrimony, it refers not only to thenatural resources of the Philippines, as the Constitution could havevery well used the term natural resources, but also to the culturalheritage of the Filipinos. It also refers to our intelligence in arts,sciences and letters. Therefore, we should develop not only ourlands, forests, mines and other natural resources but also the mentalability or faculty of our people. Note that, for more than 8 decades(9 now) Manila Hotel has bore mute witness to the triumphs and

failures, loves and frustrations of the Filipinos; its existence isimpressed with public interest; its own historicity associated with ourstruggle for sovereignty, independence and nationhood.

Herein resolved as well is the term Qualified Filipinos which not onlypertains to individuals but to corporations as well and other juridicalentities/personalities. The term qualified Filipinos simply meansthat preference shall be given to those citizens who can make aviable contribution to the common good, because of crediblecompetence and efficiency. It certainly does NOT mandate the


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pampering and preferential treatment to Filipino citizens ororganizations that are incompetent or inefficient, since such anindiscriminate preference would be counter-productive and inimicalto the common good.

In the granting of economic rights, privileges, and concessions,when a choice has to be made between a qualified foreigner and a

qualified Filipino, the latter shall be chosen over the former.

**Section 10. The Congress shall, upon recommendation of theeconomic and planning agency, when the national interest dictates,reserve to citizens of the Philippines or to corporations orassociations at least sixty per centum of whose capital is owned bysuch citizens, or such higher percentage as Congress may prescribe,certain areas of investments. The Congress shall enact measuresthat will encourage the formation and operation of enterpriseswhose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering thenational economy and patrimony, the State shall give preference toqualified Filipinos.

The State shall regulate and exercise authority over foreigninvestments within its national jurisdiction and in accordance with itsnational goals and priorities.

[Note:Cultural heritage: part of environmental law].

ENVIRONMENTAL FUNCTIONS OFAGENCIES

Department of Health (DOH)o Has environmental health programs. These concerns

PREVENTING ILLNESS through managing the environment.These are primarily concerned with effects of theenvironment to health of people.

o Issues environmental sanitation clearance

Department of Agriculture (DA)o Executive branch responsible for the promotion of

agriculture and fisheries development and growth.o Emphasizes on the productivity and sustainability in the use

of agricultural resources.

o

Reports on areas where marine life has to be restored.o Extends assistance to LGUS in developing fisheries.

Department of Education (DepEd)o Department responsible for ensuring access to, promoting

equity in, and improving the quality of basic education.o

Integrates environmental education in schools curricula(e.g. environmental laws concepts and principles), thuspromoting environmental awareness.

o Integrates lessons in pollution prevention, wastemanagement, environmental protection etc.

Department of Tourismo Department responsible for the regulation of Philippine

tourism industry and promotion of the Philippines as atourist destination.

o Assumes prominent role in developing responsible tourismthereby ensuring protection, preservation, and promotion ofresources.

o Promotes tourism industry that is ecologically sustainable.

Department of Public Works and Highways (DPWH)o Department responsible for the safety of projects in the field

of public works. It is also responsible for the maintenance ofPhilippine road network and irrigation system.

o Responsible for removal and demolition of structuresobstructing free flow of water.

o Integrates environmental and social concerns into road andinfrastructure development projects.

o Utilizes Environmental Impact Assessment in its projects.


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Philippine National Police (PNP)o Enforces laws involving agriculture, environment, and

natural resources.o Apprehends violators of environmental laws.

Department of Interior and Local Government (DILG)o Improves performance of local governments in governance,

administrative, social, and economic development andENVIRONMENTAL MANAGEMENT (e.g. It may order LGUs todetermine if they have proper wastewater treatmentfacilities).

Philippine Atmospheric Geophysical and AstronomicalServices Administration (PAGASA).

o Government agency for weather forecasting, flood control,astronomical observations, and time service.

o Maintains NATIONWIDE NETWORK pertaining to observationand forecasting of weather and other climatologicalconditions affecting national safety, welfare, and economy.

o Undertakes researches on the structure, development, andmotion of typhoons and formulates measures for theirmoderation.

o Maintains effective linkages with scientific organization hereand abroad, and promotes exchange of scientific informationand cooperation among personnel engaged in atmospheric,geological, and astronomical studies.

POLLUTION ADJUDICATION BOARD (EO192)

The Pollution Adjudication Board (PAB) is a quasi-judicial bodycreated under Section 19 of Executive Order (E.O.) 192 for theadjudication of pollution cases.

It is created under the Office of the Secretary. The Board shall becomposed of the Secretary as the Chairman, Two (2)Undersecretaries as may be designated by the Secretary, the

Director of the Environmental Management Bureau (EMB), the Three(3) others to be designated by the Secretary as members. The Boardshall assume the powers and functions of the Commission/Commissioners of the National Pollution Control Commission (NPCC)with respect to the adjudication of pollution cases under Republic Act

3931 and Presidential Decree 984.

The PAB is organizationally under the supervision of the Office of theSecretary of the Department of Environment and Natural Resources(the DENR) with Secretariat support provided by the EnvironmentalManagement Bureau (EMB).

Power and function maybe delegated to the DENR Regional Officersin accordance with rules and regulations of the Board.

PAB vs. CA

FACTS:

Solar Textile Finishing Corporation was involved in bleaching, rinsing,and dyeing textiles with wastewater being directly discharged into acanal leading to adjacent Tullahan-Tinejeros River.

Petitioner Board, an agency charged with the task of determiningwhether effluents of a particular industrial establishments complywith or violate applicable anti-pollution statutory and regulatoryprovisions have been remarkably forbearing, enforced the applicable

standards vis--vis Solar.

Petitioner issued an ex parte order directing Solar to immediatelycease and desist from utilizing its wastewater pollution sourceinstallations. Solar then went to the RTC on petitioner for certiorari.Case was, however, dismissed due to the following:

Appeal, not certiorari, is the proper remedy. Boards subsequent order allowing Solar to operate

temporarily rendered Solars petition moot and academic.


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CA reversed the order of dismissal and declared the Writ ofExecution null and void. It held that certiorari is the proper remedysince the order of petitioner would result in great and irreparabledamage to Solar.

Petitioner asked the Supreme Court to review CAs decision. Itclaimed that ex-parte order with writ was issued in accordance withlaw. It claimed that under PD 984, Sec. 7 (a), it has legal authorityto issue ex-parte orders to suspend the operations of anestablishment where there is prima facie evidence that suchestablishment is discharging wastewater, the pollution level exceedsthe maximum permissible standards set by the Board.

Respondents contention: No threat to life, public health safety orwelfare.

ISSUE:Whether the CA erred in reversing the Trial Courts decision.

HELD:

Yes. The Board was acting within its powers in issuing the cease anddesist orders as per PD 9874, Sec. 7 (a). It is not essential that animmediate threat to life, public health, safety exists before an ex-parte cease and desist order may be issued. It is enough if the Boardfinds that the wastes discharged do exceed the allowable standardsset by the Board.

MMDA vs. CONCERNED RESIDENTS OF

MANILA BAY

FACTS:

At the core of this case is Manila Bay, a place with proud historicpast, once brimming with marine life, but now a dirty and slowlydying expanse mainly due to official indifference of people andinstitutions that could have otherwise made a difference.

Respondents Concerned Residents filed a complaint before the RTCin Imus, Cavite against several government agencies, among themthe petitioners, for the cleanup, rehabilitation, and protection ofManila Bay and to submit to RTC a concerted concrete plan of actionfor the purpose.

The complaint alleged the following:

Water quality had fallen way below the allowable standardsset by law (as confirmed by the DENR). Given the samplewater collected, the amount of fecal coliform content isbeyond the standard.

The continued neglect of officials violates several laws

With the reckless, accumulated, and ongoing acts, omission,commission of defendants resulting in clear and present danger topublic health and in the depletion and contamination of the marinelife of Manila Bay, the RTC held petitioner liable and ordered to cleanup and rehabilitate Manila Bay and to restore its water quality toclass B waters fit for swimming, skin-diving, and other forms ofcontact recreation.

Petitioners appealed before the CA contending that the provisions ofEnvironmental Code (PD 1152) relate only to the cleaning of specificpollution incidents and do not cover cleaning in general. They alsoasserted that cleaning of the Manila Bay is not a ministerial act whichcan be compelled by mandamus.

ISSUES:

(1) Whether Sec. 17 and 20 f PD 1152 under the headings,Upgrading of Water Quality and Clean-Up Operations,envisage a clean-up in general or are they limited only to thecleanup of specific pollution incidents?

(2) Can petitioner be compelled by mandamus to clean up andrehabilitate Manila Bay?

HELD:


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(1) NO. Sec. 17 does not state that government agenciesconcerned ought to confine themselves to containment,removal, and cleaning operations when specific pollutionincident occurs.

On the contrary, Sec. 17 requires them to act even in theabsence of specific pollution incident, as long as the waterquality has deteriorated to a degree where its state willadversely affect its best usage. This is not conditional onoccurrence of any pollution incident.

(2)YES. SC held that cleaning up and rehabilitating Manila Bayis ministerial in nature and can be compelled by mandamus.Sec. 3 (c) of RA No. 7924 (law creating MMDA) is mandatedto put up an adequate and appropriate sanitary landfill andsolid waste and liquid disposal as well as alternative garbagedisposal systems. This is set up by law (enjoined as a matterof statutory obligations).

LAGUNA LAKE DEVELOPMENT AUTHORITY(LLDA): RA 4850 and EO 927

The LLDA was organized by virtue of Republic Act No. 4850 as aquasi-government agency with regulatory and proprietary functions.Through Presidential Decree 813 in 1975, and Executive Order 927in 1983, its powers and functions were further strengthened toinclude environmental protection and jurisdiction over the lakebasins surface water. In 1993, through Executive Order 149, theadministrative supervision over LLDA was transferred from the Officeof the President to the Department of Environment and NaturalResources (DENR).

R.A. No. 4850: AN ACT CREATING THELAGUNA LAKE DEVELOPMENT AUTHORITY,PRESCRIBING ITS POWERS, FUNCTIONS

AND DUTIES, PROVIDING FUNDSTHEREFOR, AND FOR OTHER PURPOSES.

Special Powers and Functions

1. To make a comprehensive survey of the physical and naturalresources and potentialities of the Laguna Lake regionparticularly its social and economic conditions, hydrologiccharacteristics, power potentials, scenic and tourist spots,regional problems, and on the basis thereof, to draft acomprehensive and detailed plan designed to conserve andutilize optimally the resources within the region particularlyLaguna de Bay to promote the region's rapid social andeconomic development and upon approval by the NationalEconomic and Development Authority (NEDA) Board of such

plan, to implement the same including projects in line withsaid plan: Provided, That implementation of all fisheriesplans and programs of the authority shall require priorconsensus of the Bureau of Fisheries and Aquatic Resourcesto ensure that such plans and programs are consistent withthe national fisheries plans and programs. For the purposeof said survey, public agencies shall submit and privateentities shall provide necessary data except such data whichunder existing laws are deemed inviolable.

2. To provide the machinery for extending the necessaryplanning, management and technical assistance to

prospective and existing investors in the region;

3. To make recommendation to the proper agencies on thepeso or dollar financing, technical support, physicalassistance and, generally, the level of priority to be accordedagricultural, industrial and commercial projects, soliciting orrequiring direct help from or through the government or anyof its instrumentalities;


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7. To make an annual report to the stockholders regarding theoperation of the Authority more particularly a statement ofits financial conditions, activities undertaken, progress ofprojects and programs and plans of actions for the incomingyears: Provided, however, That a majority of the

stockholders may require the Authority to submit report orreports other than the annual report herein required, whichreport must be submitted within a period of thirty (30) daysfrom notice thereof;

8. To lend or facilitate the extension of financial assistanceand/or act as surety or guarantor to worthwhile agricultural,industrial and commercial enterprises;

9. To reclaim or cause to the reclaimed portions of the Lake orundertake reclamation projects and/or acquire such bodiesof land from the lake which may be necessary to accomplishthe aims and purposes of the Authority subject to theapproval of the NEDA Board: Provided, That the land soreclaimed shall be the property of the Authority and titlethereto shall be vested in the Authority: Provided, further,That the resulting lake shore shall continue to be owned bythe national government.

10.The provisions of existing laws to the contrarynotwithstanding, to engage in fish production and otheraqua-culture projects in Laguna de Bay and other bodies ofwater within its jurisdiction and in pursuance thereof to

conduct studies and make experiments, whenevernecessary, with the collaboration and assistance of theBureau of Fisheries and Aquatic Resources, with the end inview of improving present techniques and practice. Provided,That until modified, altered or amended by the procedureprovided in the following sub-paragraph, the present laws,rules and permits or authorizations remain in force;

11.For the purpose of effectively regulating and monitoring

activities in Laguna de Bay, the Authority shall have

exclusive jurisdiction to issue new permit for the use of the

lake waters for any projects or activities in or affecting the

said lake including navigation, construction, and operation of

fishpens, fish enclosures, fish corrals and the like, and to

impose necessary safeguards for lake quality control and

management and to collect necessary fees for said activities

and projects: Provided, That the fees collected for fisheries

may be shared between the Authority and other government

agencies and political sub-divisions in such proportion as

may be determined by the President of the Philippine upon

recommendation of the Authority's Board: Provided, further,

That the Authority's Board may determine new areas of

fisheries development or activities which it may place under

the supervision of the Bureau of Fisheries and Aquatic taking

into account the overall development plans and programs for

Laguna de Bay and related bodies of water: Provided, finally,

That the Authority shall subject to the approval of the

President of the Philippines promulgate such rules and

regulations which shall govern fisheries development

activities in Laguna de Bay which shall take into

consideration among others the following: socioeconomic

amelioration of bonafide resident fisherman whether

individually or collectively in the form of cooperatives,

lakeshore town development, a master plan for fishpen

construction and operation, communal fishing ground for

lakeshore town residents, and preference to lakeshore town

residents in hiring laborers for fishery projects.

12.To require the cities and municipalities embraced within theregion to pass appropriate zoning ordinances and otherregulatory measures necessary to carry out the objectives ofthe Authority and enforce the same with the assistance ofthe Authority.


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13.The provisions of existing laws to the contrarynotwithstanding, to exercise water rights over public waterswithin the Laguna de Bay region whenever necessary tocarry out the Authority's projects;

14.

To act in coordination with existing governmental agenciesin establishing water quality standards for industrial,agricultural and municipal waste discharges into the lake andto cooperate with said existing agencies of the governmentof the Philippines in enforcing such standards, or toseparately pursue enforcement and penalty actions asprovided for in Section 4(d) and Section 39-A of this Act:Provided, That in case of conflict on the appropriate waterquality standard to be enforced such conflict shall beresolved thru the NEDA Board;

15.

To develop water supply from ground and/or lake waterresources for municipal, agricultural and industrial usages, incoordination with the National Water Resources Councilcreated by Presidential Decree No. 424 dated March 28,1974 or its successors in interests, and to enter intoagreements with municipalities, governmental agencies andcorporations and the private sector to supply, distribute andmarket such water;

16.Undertake studies on the improvement and maintenance ofthe desirable lake water quality of Laguna de Bay, and inpursuance thereof, prepare a water quality management

program on a continuing basis, subject to the approval ofthe NEDA, which the Authority shall carry out with theassistance and support of all national and local governmentunits involved in water quality management.

E.O 927

-Further defines certain functions and powers of the Laguna LakeDevelopment Authority.

Additional Powers and Functions of LLDA under E.O 927:

1. Issue standards, rules and regulations to govern theapproval of plans and specifications for sewage works and

industrial waste disposal system and the issuance of permitsin accordance with the provisions of this Executive Order;inspect the construction and maintenance of sewage worksand industrial waste disposal systems for compliance toplans.

2. Adopt, prescribe, and promulgate rules and regulationsgoverning the Procedures of the Authority with respect tohearings, plans, specifications, designs, and other data forsewage works and industrial waste disposal system, thefiling of reports, the issuance of permits, and other rules andregulations for the proper implementation and enforcement

of this Executive Order.

3. Issue orders or decisions to compel compliance with theprovisions of this Executive Order and its implementing rulesand regulations only after proper notice and hearing.

4. Make, alter or modify orders requiring the discontinuance ofpopulation specifying the conditions and time within whichsuch discontinuance must be accomplished.

5. Issue, renew, or deny permits, under such conditions as it

may determine to be reasonable, for the prevention andabatement of pollution, for the discharge of sewage,industrial waste, or for the installation or operation ofsewage works and industrial disposal system or partsthereof: Provided, however, that the Authority, by rules andregulations, may require subdivisions, condominiums,hospitals, public buildings and other similar humansettlements to put up appropriate central sewerage systemand sewage treatment works, except that no permits shallbe required of any new sewage works or changes to or


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extensions of existing works that discharge only domestic orsanitary wastes from a single residential building providedwith septic tanks or their equivalent. The Authority mayimpose reasonable fees and charges for the issuance orrenewal of all permits herein required.

6. After due notice and hearing, the Authority may also revoke,suspend modify any permit issued under this Orderwhenever the same is necessary to prevent or abatepollution.

7. Deputize in writing or request assistance of appropriategovernment agencies or instrumentalities for the purpose ofenforcing this Executive Order and its implementing rulesand regulations and the orders and decisions of the

Authority.

8. Authorize its representative to enter at all reasonable timesany property of the public dominion and private propertydevoted to industrial, manufacturing, processing orcommercial use without doing damage, for the purpose ofinspecting and investigating conditions relating to pollutionor possible or imminent pollutions.

9. Exercise such powers and perform such other functions asmay be necessary to carry out its duties and responsibilitiesunder this Executive Order.

Further, to effectively regulate and monitor activities in the Lagunade Bay region, the Authority shall have exclusive jurisdiction to issuepermit for the use of all surface water for any projects or activities inor affecting the said region including navigation, construction, andoperation of fishpens, fish enclosures, fish corrals and the like.

LLDA vs. CA

FACTS:

Laguna Lake Development Authority (LLDA) was created throughRA No. 4850 in order to execute the policy of towards environmentalprotection and sustainable development so as to accelerate thedevelopment and balanced growth of the Laguna Lake Area and thesurrounding provinces and towns.

EO 927 further defined and enlarged the powers and functions ofLLDA and enumerated towns, cities, and provinces encompassed bythe term Laguna de Bay Region.

Upon the implementation of RA No. 7160 (Local Government Code),the municipalities assumed EXCLUSIVE JURISDICTION and authority

to issue fishing privileges within their municipal waters since Sec.149 thereof provides that Municipal corporations shall have authorityto grant in municipal waters and impose rental fees or chargesthereof.

Big fish pen operators took advantage of the occasion to establishfish pens and fish cages to the dismay of LLDA. Implementation ofseparate, independent policies in fish cages/fish pen operation andthe INDISCRIMINATE grant of fish pen permits by the lakeshoremunicipalities aggravated the current environmental problems andecological stress of Laguna Lake.

LLDA then served notice to general public that:

Fish pens, cages, and other aquaculture structuresunregistered with LLDA are declared illegal;

Those declared illegal shall be subject to demolition; Owners of those declared illegal shall be criminally charged

with violations of provisions of RA No. 4850/PD 813.


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A month later, LLDA sent notices advising the owner of the illegallyconstructed fish pens/cages and aqua structures, advising them todismantle their respective structures otherwise demolition shall beeffected.

ISSUE: Which agency of the governmentLLDA ortowns/municipalities comprising the regionshould exercisejurisdiction over the Laguna Lake and its surrounding district insofaras issuance of permits for fishing privileges is concerned.

HELD:

LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927, specificallyprovide that the LLDA shall have exclusive jurisdiction to issuepermits for the use of all surface water for any projects or activitiesaffecting the region. On the other hand, RA No. 7610 has grantedmunicipalities exclusive authority to grant fishery privilege on

municipal waters.

Provisions of RA No. 7610 do not necessarily repeal the laws creatingLLDA. Where theres conflict between general and special laws, thelatter should prevail as it evinces legislative intent more clearly thangeneral statute. Special law cannot be repealed, amended, or alteredby a subsequent general law by mere implications.

Moreover, the powers of LLDA , for the purpose of effectivelyrehabilitating and monitoring Laguna de Bay, partakes of the natureof police power, most pervasive, least limitable, most demanding of

all state powers.

TANO vs. SOCRATES

FACTS:

The Sangguniang Panglungsod of Puerto Princesa enacted OrdinanceNo. 15-92 banning the shipment of live fish and lobster outsidePuerto Princesa City for a period of 5 years. In the same light, the SP

Palawan also enacted a Resolution that prohibits the catching,gathering, buying, selling, possessing, and shipment of live marinecoral-dwelling aquatic organisms for 5 years within Palawan waters.

Petitioners Airline Shippers Association of Palawan, together with

marine merchants, were charged for violating the above ordinanceand resolution by the city and provincial governments.

Petitioners now alleged that they have the preferential rights asmarginal fishermen granted with privileges provided in Sec. 149 ofthe Local Government Code, invoking the invalidity of theenactments as violative of their preferential rights.

ISSUE:Whether the enactments are violative of preferential rights.

HELD:

No. Enactments are valid exercise of police power of LGU to protectpublic interests and the public rights to a balanced and healthfulecology.

Rights and privileges invoked by petitioner are not absolute. TheGeneral Welfare Clause of the Local Government Code mandates forthe liberal interpretation in giving the LGUs more powers toaccelerate economic development and to upgrade the life of peoplein the community.LGUs are then empowered to enact fishery laws

in its municipal waters which necessarily include the enactment of

ordinances in order to effectively carry out enforcement of fishery

laws in the community.

AARHUS CONVENTION ON PUBLICPARTICIPATION, ACCESS TOINFORMATION, AND ENVIRONMENTALJUSTICE


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The Aarhus Convention establishes a number of rights of the public(individuals and their associations) with regard to the environment.The Parties to the Convention are required to make the necessaryprovisions so that public authorities (at national, regional or locallevel) will contribute to these rights to become effective. The

Convention provides for:

(1)Access to Environmental Information:the right ofeveryone to receive environmental information that is heldby public authorities. This can include information on thestate of the environment, but also on policies or measurestaken, or on the state of human health and safety where thiscan be affected by the state of the environment. Applicantsare entitled to obtain this information within one month ofthe request and without having to say why they require it. Inaddition, public authorities are obliged, under theConvention, to actively disseminate environmental

information in their possession;

(2) Public Participation in Environmental decision-making: the right to participate in environmental decision-making. Arrangements are to be made by public authoritiesto enable the public affected and environmental non-governmental organisations to comment on, for example,proposals for projects affecting the environment, or plansand programmes relating to the environment, thesecomments to be taken into due account in decision-making,and information to be provided on the final decisions and the

reasons for it.

(3)Access to Justice: the right to review procedures tochallenge public decisions that have been made withoutrespecting the two aforementioned rights or environmentallaw in general.

INDIGENOUS PEOPLES RIGHTS ACT of1997

-A legislation recognizing and promoting all the rights of indigenouscultural communities or indigenous peoples of the Philippines.

It provides the ARTICULATION of numerous rights that should be

afforded to indigenous people which includes:

Right of ownership over land and natural resources Right to develop lands and natural resources Right to stay in territories Right to safe and clean air and water Right to claim parts of reservations Right to resolve conflicts, among others.

It also provides for the ESTABLISHMENT of a process for the formalrecognition of land rights through the introduction of the Certificate

of Ancestral Domain Title (CADT) and the ESTABLISHMENT of theNational Commission on Indigenous Peoples (NCIP), the agencymandated to protect the interest of indigenous peoples.

[Note:Environmental Law also covers IPs because of theirtraditional knowledge regarding the environment (plant and animals)within their immediate surroundings.]

PD 1160: VESTING AUTHORITY INBARANGAY CAPTAINS TO ENFORCE

POLLUTION AND ENVIRONMENTALCONTROL LAWS AND FOR OTHERPURPOSES.

-Law deputizing the Barangay Captain, the Barangay Councilmanand Barangay Zone Chairman as Peace Officersin order to containcertain problems and grave danger brought about by pollution,ecological imbalance, and other environmental disturbance, and


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obviate any further aggravation of the consequent danger to public,health, safety, and national interest.

All laws to the contrary notwithstanding, the Barangay Captain, theBarangay Councilman, and the Barangay Zone Chairman are hereby

deputized as peace officers, with authority to effect arrest ofviolators in accordance with law, for purposes of enforcing andimplementing national and local laws, ordinances and rules andregulations governing pollution control and other activities whichcreate imbalance in the ecology or disturbance in environmentalconditions.

The courts and proper prosecuting or administrative officials oragencies shall give preference to the expeditious disposition ofcases involving a violation of the laws, ordinances, rules andregulations referred to in Sec. 2 of this Decree when the magnitudeof the violation is such as to adversely affect an entire or major

portion of a community as may be certified to by the NationalPollution Control Commission or the National EnvironmentalProtection Council as the case may be.

CLEAN AIR ACT

-outlines the governments measures to REDUCE air pollution andINCORPORATE environmental protection into its development plans.

It mandates the various government agencies to do the following insupport of the Act:

1. Department of Environment and Natural Resources(DENR)act as overall of the lead agency; prepare aNational Air Quality Status Report which shall be used as abasis in formulating the Integrated Air Quality ImprovementFramework; issue rules and regulations in theimplementation of the Act.

2. Department of Transportation and Communication(DOTC)in coordination with the DENR in case of

industrial dischargers and the DOTC, in case of motorvehicles, shall, based on environmental techniques, design,impose on and collect regular emission fees from all saiddischargers as part of the emission permitting system orvehicle registration renewal system, as the case may be;

implement the emission standards for motor vehicles

3. Department of Science and Technology (DOST)withthe DENR, other agencies, private sector , the academe,non-government organizations and peoples organization,shall establish a National Research Development Program forthe prevention and control of air pollution.

4. Department of Trade and Industry (DTI) , DOST LocalGovernment Units (LGUs)- together with the DENR shalldevelop an action plan for the control and management ofair pollution from motor vehicles with the Integrated AirQuality Management Framework.

5. DOTC, DTI and DENR- shall establish the procedures forthe inspection of motor vehicles and the testing of theiremissions for the purpose of determining the concentrationand/or rate of emission of pollutants discharged by the saidsources.

6. Department of Energy (DOE) co-chaired with theDENR, in consultation with the Bureau of ProductStandards of DTI, DOST with the fuel and automotiveindustries, academe and the consumersshall set

specifications for all types of fuel and fuel-related products,to improve fuel composition for increased efficiency andreduced emissions.

7. Philippine Atmospheric, Geophysical andastronomical Service Administration (PAGASA)shallregularly monitor meteorological factors affectingenvironmental conditions including ozone depletion andgreenhouse gases.


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8. Philippine Nuclear Research Institute (PNRI)withthe DENR shall regulate all projects which will involve theuse of atomic and/or nuclear energy, and will entail relaeaseof radioactive substances into the environment, incident tothe establishment or possession of nuclear energy facilities

and radioactive materials, handling, transport , production ,storage and use of radioactive materials.

9. Department of Education (DepEd), Commission onHigher Education (CHED) , Department of Interior

and Local Governments (DILG) and the PhilippineInformation Agency ( PIA)shall encourageparticipation of government agencies and the private sectorincluding NGOs, POs, academe, environmental groups andother private entities in a multi-sectoral campaign.

CLEAN WATER ACT

-aims to protect the countrys water bodies from pollution from land-based sources, industries and commercial establishments, agricultureand community (household activities).

Coverage of the Act- This Act shall apply to water qualitymanagement in all water bodies:Provided, That it shall primarilyapply to the abatement and control of pollution from land basedsources: Provided, further, That the water quality standards and

regulations and the civil liability and penal provisions under this Actshall be enforced irrespective of sources of pollution.

It mandates the various government agencies to do the following insupport of the Act:

(1) Philippine Coast Guard in coordination with DA and theDepartment shall enforce for the enforcement of waterquality standards in marine waters, set pursuant to this Act,specifically from offshore sources;

(2) DPWH through its attached agencies, such as the MWSS,LWUA, and including other urban water utilities for theprovision or sewerage and sanitation facilities and theefficient and safe collection, treatment and disposal of

sewage within their area of jurisdiction;

(3) DA, shall coordinate with the Department, in the formulationof guidelines for the re-use of wastewater for irrigation andother agricultural uses and for the prevention, control andabatement of pollution from agricultural and aquacultureactivities: Provided, That discharges coming from non-pointsources be categorized and further defined pursuant to this

Act: Provided, further, That the Bureau of Fisheries andAquatic Resources (BFAR) of the DA shall be primarilyresponsible for the prevention and control of water pollutionfor the development, management and conservation of thefisheries and aquatic resources;

(4) DOH shall be primarily responsible for the promulgation,revision and enforcement of drinking water qualitystandards;

(5) DOST, in coordination with the Department and otherconcerned agencies, shall prepare a program for theevaluation, verification, development and publicdissemination of pollution prevention and cleaner productiontechnologies; and

(6) Department of Education (DepEd), Commission HigherEducation (CHED), Department of the Interior and LocalGovernment (DILG) and Philippine Information Agency (PIA)shall assist and coordinate with the Department in, thepreparation and implementation of a comprehensiveprogram pursuant to the objectives of this Act.

The Act also outlines the beneficial use of water (as follows):


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Beneficial use- means the use of the environment or any elementor segment thereof conducive to public or private welfare, safety andhealth; and shall include, but not be limited to, the use of water fordomestic, municipal, irrigation, power generation, fisheries, livestock

raising, industrial, recreational and other purposes.

1. Use of water for domestic purposes- means the utilization ofwater for drinking, washing, bathing, cooking or other householdneeds, home gardens and watering of lawns or domestic animals;

2. Use of water for municipal purposes- means the utilizationof water for supplying water requirements of the community;

3. Use of water for irrigation- means the utilization of water forproducing agricultural crops;

4. Use of water for power generation- means the utilization ofwater for producing electrical or mechanical power;

5. Use of water for fisheries- means the utilization of water forthe propagation of culture of fish as a commercial enterprise;

6. Use of water for livestock raising - means the utilization ofwater for large herds or flocks of animals raised as a commercialenterprise;

7. Use of water for industrial purposes- means the utilization of

water in factories, industrial plants and mines, including the use ofwater as an ingredient of a finished product; and

8. Use of water for recreational purposes- means theutilization of water for swimming pools, bath houses, boating, waterskiing, golf courses and other similar facilities in resorts and otherplaces of recreation.

SOLID WASTE MANAGEMENT ACT (R.A. No.9003)

This law aims for the reduction of solid waste through source

reduction and waste minimization measures, treatment and disposalof solid waste in accordance with ecologically sustainabledevelopment principles.

It also aims to ensure the proper segregation, collection, transport,storage, treatment, and disposal of solid waste through theformulation and adoption of the best environmental practice inecological waste management EXCLUDING INCINERATION [burningof waste].

R.A. No. 9003 considers waste as a resource that can berecovered, emphasizing RECYCLING, REUSE, and COMPOSTING asmethods to minimize waste problems.

The Act also gives strong emphasis on the role of municipal andLGUs providing for the creation of solid waste managementcommunities up to the barangay level.

HAZARDOUS CHEMICAL ACT (R.A. No.6969]

Overview: It has been recognized that the public and theenvironment are at risk in the use or exposure to chemicals as wellas the long term damage brought about by careless handling ordisposal of hazardous wastes.

Under this act importation, manufacture, processing, handling,storage, transportation, sale, distribution, use and disposal of allunregulated chemical substances and mixtures in the Philippines, aswell as the entry even in transit, or storage and disposal ofhazardous and nuclear wastes are regulated.


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The Department of Environment and Natural Resources shall be theimplementing agency and shall be assisted by the Inter-Agency

Advisory Council

It provides for the regulation of all chemical substances that maypose threat to public health and the environment through import,manufacture, sale, use, distribution, and disposal as well as theregulation of all hazardous wastes from generation, transport,storage, re-use/recycling, treatment and disposal [and to prevententry of nuclear wastes into the country FOR WHATEVER PURPOSE.]

Registration of the following is required to ensure that industrialeconomic growth is achieved in an environmentally sound manner toeffectively manage hazardous wastes in order to minimize humanand environmental impacts cause by industrial activities:

Hazardous wastes generatorsHazardous wastes treaterHazardous wastes transporter

Violators shall be subject to fines, imprisonment, dismissal fromoffice, confiscation and forfeiture chemical substances and mixturesin favor of the government, deportation and barred from entry intothe Philippines in case of foreigner

NDRMMC: NATIONALDISASTER RISK

REDUCTION MANAGEMENT COUNCIL

-A working group of various government, non-government, civilsector, and private sector organizations of the Philippines. It is underthe Department of National Defense. The Council is responsiblefor ensuring the protection and welfare of the people duringdisasters/emergencies.

NIPAS ACT: National Integrated ProtectedAreas System Act (RA 7586)

-provides the legal framework for the establishment/management of

protected areas in the Philippines.

The law defines PROTECTED AREAS as the identified portions of landand/or water set aside by reason of their unique physical andbiological significance, managed to enhance biological diversity andprotected against destructive human exploration.

It establishes a National Integrated Protected Areas System (NIPAS)which will designate, whether terrestrial, wetland or marine,protected areas, areas that "shall encompass outstandingremarkable areas and biologically important public lands that arehabitats of rare and endangered species of plants and animals,biogeographic zones and related ecosystems."

Enlisting categories of protected areas are as follows: (1)Strictnature reserve; (2)Natural park; (3)Natural monument; (4)Wildlifesanctuary; (5)Protected landscapes and seascapes; (6) Resourcereserve; (7) Natural biotic areas; and, (8) Other categoriesestablished by law, conventions or international agreements whichthe Philippine Government is a signatory.

WILDLIFE ACT

This Act calls for the CONSERVATION of the countrys wildliferesources and their habitats for sustainability as a policy of the State.

Among its features are:

Guidelines on access and benefits sharing Quota for collection of specimens


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Republic Act No. 7076 (1991), otherwise known as the PeoplesSmall-Scale Mining Act defines small-scale mining as minimumactivities which rely heavily on manual labor using simpleimplements and methods, and which do not use explosives or heavymining equipment. The main purpose of the law is: (1) To effect an

orderly and systematic disposition of small-scale mining areas in thecountry; (2) To regulate the small-scale mining industry with theview to encourage their growth and productivity; and (3) To providetechnical, financial and marketing assistance and efficient collectionof government revenues. Through this law, the harmful effects ofthe classic trade-off between development and environment could beminimized if not totally avoided. This law was authored by Senator

Aquilino Pimentel Jr.

With Republic Act 7076 it allows small miners under this law to useonly simple equipments like pick and shovel in extracting gold andother precious metals in their mining areas. In this age of modern

technology, this law is making sure that the small mining law shouldbenefit the small miners and not only the big-time operators who areusing the skills and sweat of small-scale miners to accumulate afortune.

Under RA 7076, no ancestral land may be declared as a peoplessmall scale mining area without the prior consent of the culturalcommunities concerned. This respects the rights of the indigenouspeoples to their ancestral lands which are fully guaranteed underexisting laws. The law defines small miners as Filipino citizens who,individually or in tandem with others, voluntarily form a cooperative,

duly licensed by the Department of Environment and NaturalResources, to engage in the extraction or removal of minerals orore-bearing materials from the ground.

PD1586 (Environment Impact Assessment)

--Law establishing an environmental impact statement system,including other environmental management-related measures.

Purpose:To attain and maintain a rational and orderly balancebetween socio-economic growth and environmental protection

This established an ENVIRONMENTAL IMPACT STATEMENT SYSTEMfounded and based on environmental impact statement, required

under Section 4 of P.D. No. 1151, of all agencies, instrumentalities ofnational government, including GOCCs, as well as privatecorporations and entities for every proposed project/undertakingwhich significantly affect the quality of the environment.

Section 4 of P.D. No. 1151 provides:

Section 4. Environmental Impact Statements. Pursuant to the aboveenunciated policies and goals, all agencies and instrumentalities ofthe national government, including government-owned or controlledcorporations, as well as private corporations firms and entities shall

prepare, file and include in every action, project or undertakingwhich significantly affects the quality of the environment a detailstatement on:

(a) The environmental impact of the proposed action, project orundertaking(b) Any adverse environmental effect which cannot be avoidedshould the proposal be implemented;(c) Alternative to the proposed action;(d) a determination that the short-term uses of the resources of theenvironment are consistent with the maintenance and enhancementof the long-term productivity of the same; and

(e) Whenever a proposal involves the use of depletable or non-renewable resources, a finding must be made that such use andcommitment are warranted.

FEATURES:

Declared environmentally critical projects and areas arerequired to obtain an Environmental Compliance Certificatebefore operation


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Environmentally Critical Projects includes heavy industries,resource extractive industries, infrastructure projects, golfcourse projects

Characteristics of Environmentally Critical Areas:

Areas declared by law as natural parks, watershed reserves,wildlife reserves, and sanctuaries

Areas set aside as aesthetic, potential tourist spots Areas which constitute the habitat for any endangered or

threatened species of indigenous Philippine wildlife (floraand fauna)

Areas of unique historical, archeological, geological orscientific interests

Areas which are traditionally occupied by culturalcommunities or tribes

Areas frequently visited and/or hard hit by natural calamities

(geologic hazards, floods, typhoons, volcanic activity, etc.) Areas of critical slope Areas classified as prime agricultural lands Recharged areas of aquifers Waterbodies Mangrove areas Coral reefs

Violators shall be punished by the suspension of cancellationof his/its certificate and or fine for each violation

What is an ENVIRONMENTAL IMPACT ASSESSMENT (EIA)?

It is the process of predicting the likely environmentalconsequences of implementing a project or undertaking, anddesigning appropriate preventive, mitigating andenhancement measures.

EIA provides options for the project to be implemented withassurance that the quality of the environment and well-

being of people will be safe-guarded. HENCE, EIA is aPLANNING TOOL.

REAL PURPOSE OF EIA:

1. To aid the proponent/applicant on environmentalconsiderations prior to starting construction works on theproject.

2. To aid agencies in considering EIA results in their decisionmaking for their respective permitting system

ENVIRONMENTALLY CRITICAL PROJECTS (ECP):

The project include activities that have significant

environmental consequences

A project in this category is likely to have significant adverseimpact that may be sensitive, irreversible and diverse. If theproject is an ECP, an EIS document will have to besubmitted. It will be the Environmental Management Bureau(EMB-Manila) that has jurisdiction on the matter. In otherwords, a project that is categorized as an ECP falls under theauthority of the EMB and must follow the steps identifiedwith the preparation of an EIS.

EIA STAGES

1. Screening - Determines if a project is covered or notcovered by the PEISS (Philippine Environmental ImpactStatement System). If a project is covered, screening furtherdetermines what document type the project should prepareto secure the needed approval, and what the rest of therequirements are in terms of EMB office of application,endorsing and decision authorities, duration of processing.


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2. Scoping - Identifies the most significant issues/impacts of aproposed project, and then,delimits the extent of baselineinformation to those necessary to evaluate andmitigate theimpacts.

3.

EIA Study and Report Preparation - Involves adescription of the proposed project and its alternatives,characterization of the project environment, impactidentification and prediction, evaluation of impactsignificance, impact mitigation, formulation of EnvironmentalManagement and Monitoring Plan,

4. EIA Report Review and Evaluation -An EMB proceduralscreening for compliance to minimum requirements specifiedduring Scoping, followed by a substantive review of eithercomposed third party experts commissioned by EMB as theEIA Review Committee for PEIS/EIS-based applications, or

DENR/EMB internal specialists, the Technical Committee, forIEE based applications.

5. Decision Making - Involves evaluation of EIArecommendations and the draft decision document, resultingto the issuance of an ECC, CNC or Denial Letter. Whenapproved, a covered project is issued its certificate ofEnvironmental Compliance Commitment (ECC) while anapplication of a non-covered project is issued a Certificate ofNon-Coverage (CNC).

6.

Monitoring, Validation and Evaluation -Assessesperformance of the Proponent against the ECC and itscommitments in the Environmental Management andMonitoring Plans to ensure actual impacts of the project areadequately prevented or mitigated.

RP vs City of Davao: 388 SCRA 691 (2002)

FACTS:

City of Davao filed an application for a Certificate of Non-Coverage(CNC) for its proposed project, the ARTICA Sports Dome. Theapplication was filed with the DENR-Environmental ManagementBureau (EMB). Attached is a certificate from Planning &Development Office that the project is not located in a critical area.

EMB denied application. It found:

Davao is located in an environmentally-critical area. It must undergo Environmental Impact Assessment process

and submit EIS.

Davao filed a petition for mandamus and injunction with the RTC.RTC granted. It held that nothing in P.D. No. 1586 requires LGU tocomply.

ISSUES:

1. Whether Davao City, as a local government unit, is coveredby PD No. 1586.

2. Whether CNC should be issued to it.

HELD:

1.

YES. Sec. 16 of the Local Government Code states thatamong the duties of an LGU is to promote peoples right to abalanced ecology. Hence, it is not exempt

Also, as per the Civil Code, a person is either natural orjuridical. The State and its political subdivisions are juridicalpersons. Hence, LGU is a person covered by PD No. 1586.


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2. YES. Davao has sufficiently shown that the project area isnot environmentally-critical. Proclamation 2146 laid down allthe environmentally-critical areas/projects. The Sports Domedoes not fall under any of the categories.

Trail Smelter Arbitration vs Canada (33 and35 American Journal of EnvironmentalLaw)

In 1896, a smelter located in Trail, British Columbia, beganoperating under American ownership. However, in 1906, theConsolidated Mining and Smelting Company of Canada, Ltd. boughtthe smelter plant in Trail. This company expanded the plant in sizeand in turn in its capacity to smelt zinc and lead ores. However,in 1925 and in 1927, two large, 400-foot smoke stacks were built.

There was a resulting increase in the amount of sulfur emittedinto the air. Within that same time period the amount of sulfurreleased from the plant on a monthly basis almost doubled fromwhat it had been in 1924. The amount of sulfur released in 1924was about 4,700 tons per month. But in 1927, the amount had risento 9,000 tons per month. These increases continued because thissmelting operation of zinc and lead had become one of the largestin North America.

Finally, the effect of these harmful amounts of sulfur being releasedwere noticed in the State of Washington. The effects were

noticeable because for every ton of sulfur released into the air thereare two tons of sulfur dioxide created. It was this increase in sulfurdioxide that was detected through the rains.

In the period between 1928 and 1935, the Government of theUnited States filed complaints with the Government of Canada thatsulfur dioxide emissions from the Trail smelter had damaged theColumbia River Valley. On August 7, 1928, the issue was referredto the International Joint Commission by the United States and

Canada (IJC-UC) for settlement. The IJC-UC decided on February28, 1931 that the Trail smelter should limit its sulfur dioxideemissions and that Canada should pay the United States US$350,000as compensation for damages.

Despite the IJC-UC decision, the conditions at the Trail smelter didnot improve. Consequently, by February 1933 the U.S. Governmentwas refiled complaints to the Canadian Government about thesituation at the smelter. These set of complaints led to an emissionsconvention which was signed by the two parties on April 15, 1935.The Convention called for the creation of a Tribunal to determinewhether damage has been done to Washington State since 1932. Iffound to have done damage, should it be made to refrain from doingso? Should any compensation be paid? [ISSUES].

HELD:

Tribunal found that damaged has been caused to the US and that itshould be indemnified for damages. It held that under the principlesof International Law, as well as the law of the US, no state has theright to use or permit the use of its territory in such a manner as tocause injury by fumes in or to the territory of another when the caseis of serious consequences and injury is established by clear andconvincing evidence. Hence, Canada was responsible for the conductof the Trail Smelter.

Principles:

Principle of Good Neighborliness Polluter-Pays Principle

Common but Differentiated Responsibilities Precautionary PrincipleIf there is no scientific certainty,

one should approach the matter with caution (e.g. GMOs) Principle of Sustainable Development Principle of Cooperation (e.g. w/ respect the use of

transboundary natural resources) Principles of Access to Information, public participation, and

access toenvironmental justice.


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Corfu UK vs. Albania 1949ICJ4

Facts/ background:

On May 15th. 1946 the British warships passed through the Channelwithout the approval of the Albanian government and were shot at.Later, on October 22nd, 1946, a squadron of British warships (twocruisers and two destroyers), left the port of Corfu and proceedednorthward through a channel previously swept for mines in the NorthCorfu Strait.

Both destroyers were struck by mine and were heavily damaged.This incident resulted also in many deaths. The two ships weremined in Albanian territorial waters in a previously swept and check-

swept channel.

After the explosions of October 22nd, the United KingdomGovernment sent a note to the Albanian Government, in which itannounced its intention to sweep the Corfu Channel shortly. The

Albanian reply, which was received in London on October 31st,stated that the Albanian Government would not give its consent tothis unless the operation in question took place outside Albanianterritorial waters. Meanwhile, at the United Kingdom Government'srequest, the International Central Mine Clearance Board decided, ina resolution of November 1st, 1946, that there should be a furthersweep of the Channel, subject to Albania's consent. The UnitedKingdom Government having informed the Albanian Government, ina communication of November 10th, that the proposed sweep wouldtake place on November 12th, the Albanian Government replied onthe 11th, protesting against this 'unilateral decision of His Majesty'sGovernment'. It said it did not consider it inconvenient that theBritish fleet should undertake the sweeping of the channel ofnavigation, but added that, before sweeping was carried out, itconsidered it indispensable to decide what area of the sea should be

deemed to constitute this channel, and proposed the establishmentof a Mixed Commission for the purpose.It ended by saying that any sweeping undertaken without theconsent of the Albanian Government outside the channel thusconstituted, i.e., inside Albanian territorial waters where foreign

warships have no reason to sail, could only be considered as adeliberate violation of Albanian territory and sovereignty. After thisexchange of notes, 'Operation Retail' took place on November 12thand 13th.One fact of particular importance is that the North Corfu Channelconstitutes a frontier between Albania and Greece, that a part of it iswholly within the territorial waters of these States, and that theStrait is of special importance to Greece by reason of the traffic toand from the port of Corfu.

Issues:

The British government claimed the minefield which caused theexplosions was laid between May 15th, 1946, and October 22nd,1946, by or with the approval or knowledge of the AlbanianGovernment. Thus Albania was responsible for the explosions andloss of life and had to compensate the UK government.In addition to the passage of the United Kingdom warships onOctober 22nd, 1946, the second question in the Special Agreementrelates to the acts of the Royal Navy in Albanian waters onNovember 12th and 13th, 1946 when the British government carriedout a minesweeping operation called 'Operation Retail' without theconsent of Albania.

UK held the opinion the passage on October 22nd, 1946 wasinnocent and that according to rules of international law it had theright to innocent passage through the North Corfu Channel as it isconsidered part of international highways and does not need aprevious approval of the territorial state.

The Albanian Government does not dispute that the North CorfuChannel is a strait in the geographical sense; but it denies that thisChannel belongs to the class of international highways through


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which a right of passage exists, on the grounds that it is only ofsecondary importance and not even a necessary route between twoparts of the high seas, and that it is used almost exclusively for localtraffic to and from the ports of Corfu. Thus a previous approval ofthe territorial state is necessary.

1) Should the North Corfu Channel as it is considered part ofinternational highways?

2) Is Albania responsible under international law for theexplosions which occurred on the 22nd October 1946 in

Albanian waters and for the damage and loss of human lifewhich resulted from them and is there any duty to paycompensation?'

Analysis:

The court analyses the geographical situation of the channel

connects two parts of the high seas and is in fact frequently beingused for international navigation. Taking into account these variousconsiderations, the Court concludes that the North Corfu Channelshould be considered as belonging to the class of internationalhighways through which an innocent passage does not need specialapproval and cannot be prohibited by a coastal State in time ofpeace.

The UK government claims that on October 22nd, 1946, Albanianeither notified the existence of the minefield, nor warned the Britishwarships of the danger they were approaching. According to the

principle of state responsibility, they should have done all necessarysteps immediately to warn ships near the danger zone, moreespecially those that were approaching that zone. In fact, nothingwas attempted by the Albanian authorities to prevent the disaster.These grave omissions involve the international responsibility of

Albania.

But Albania's obligation to notify shipping of the existence of minesin her waters depends on her having obtained knowledge of that factin sufficient time before October 22nd; and the duty of the Albanian

coastal authorities to warn the British ships depends on the time thatelapsed between the moment that these ships were reported andthe moment of the first explosion.

Conclusion of the court:

The Court therefore reaches the conclusion that Albania isresponsible under international law for the explosions whichoccurred on October 22nd, 1946, in Albanian waters, and for thedamage and loss of human life which resulted from them, and thatthere is a duty upon Albania to pay compensation to the UnitedKingdom.

In the second part of the Special Agreement, the following questionis submitted to the Court:

(2) Has the United Kingdom under international law violated the

sovereignty of the Albanian People's Republic by reason of the actsof the Royal Navy in Albanian waters on the 22nd October and onthe 12th and 13th November 1946 and is there any duty to givesatisfaction?

Albania was in fact in war with Greece which means that the coastalstate was not in time of peace. UK had not an innocent passage dueto the way it was carried out. The court assessed the manner of UKwarships after they had been shot at May 15th. Having thusexamined the various contentions of the Albanian Government in sofar as they appear to be relevant, the Court has arrived at the

conclusion that the United Kingdom did not violate the sovereigntyof Albania by reason of the acts of the British Navy in Albanianwaters on October 22nd, 1946.

The United Kingdom Government does not dispute that 'OperationRetail' was carried out against the clearly expressed wish of the

Albanian Government. It recognizes that the operation had not theconsent of the international mine clearance organizations, that itcould not be justified as the exercise of a right of innocent passage,and lastly that, in principle, international law does not allow a State


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to assemble a large number of warships in the territorial waters ofanother State and to carry out minesweeping in those waters. TheUnited Kingdom Government states that the operation was one ofextreme urgency, and that it considered itself entitled to carry it outwithout anybody's consent.

The Court can only regard the alleged right of intervention as themanifestation of a policy of force, such as has, in the past, given riseto most serious abuses and such as cannot, whatever be the presentdefects in international organization, The United Kingdom Agent, inhis speech in reply, has further classified 'Operation Retail' amongmethods of self-protection or self-help. The Court cannot accept thisdefense either find a place in international law.Final conclusion of the court:

1) On the first question put by the Special Agreement ofMarch 25th, 1948,

The court gives judgment that the People's Republic of Albania isresponsible under international law for the explosions whichoccurred on October 22nd, 1946, in Albanian waters, and for thedamage and loss of human life that resulted there from; and

Reserves for further consideration the assessment of the amount ofcompensation and regulates the procedure on this subject.

2) On the second question put by the Special Agreement onthe violation of state sovereignty,

The court gives judgment that the United Kingdom did not violatethe sovereignty of the People's Republic of Albania by reason of theacts of the British Navy in Albanian waters on October 22nd, 1946;and unanimously, gives judgment that by reason of the acts of theBritish Navy in Albanian waters in the course of the Operation ofNovember 12th and 13th, 1946, the United Kingdom violated thesovereignty of the People's Republic of Albania, and that thisdeclaration by the Court constitutes in itself appropriate satisfaction.

RAMSAR CONVENTION ON WETLANDSCONSERVATION

--International treaty, adopted in the Iranian City of Ramsar in 1971,

for the CONSERVATIONand SUSTAINABLE UTILIZATIONofwetlands.

The Convention uses a broad definition of the types of wetlandscovered in its mission, including lakes and rivers, swamps andmarshes, wet grasslands and peatlands, oases, estuaries, deltas andtidal flats, near-shore marine areas, mangroves and coral reefs, andhuman-made sites such as fish ponds, rice paddies, reservoirs, andsalt pans.

At the centre of the Ramsar philosophy is the wise use concept.The wise use of wetlands is defined as "the maintenance of their

ecological character, achieved through the implementation ofecosystem approaches, within the context of sustainabledevelopment". "Wise use" therefore has at its heart the conservationand sustainable use of wetlands and their resources, for the benefitof humankind.

Under the 3 pillars of the Convention, the Parties have committedthemselves to:

Work towards the wise use of all their wetlands throughnational land-use planning, appropriate policies and

legislation, management actions, and public education;

Designate suitable wetlands for the List of Wetlands ofInternational Importance and ensure their effectivemanagement; and

Cooperate internationally concerning transboundarywetlands, shared wetland systems, shared species, anddevelopment projects that may affect wetlands.


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OF WHAT USE ARE WETLANDS[Ambassador Tolentino]

Wetlands are among the most valuable ecosystems in the world

providing so much benefits to people. Among the values andfunctions of wetlands are as:

1. Kidneys of the earthThey purify water and wastes fromboth natural and human sources by preventing high levels ofnutrients from agricultural run-offs such as phosphorous andnitrogen from reaching the groundwater as well aspreventing the rapid growth of algae which use up theoxygen in the water that is important for the survival ofother wetland species.

2. Storehouse of genetic materialsWetlands are habitats

for a wide variety of plants, animals and micro-organisms.They are nurseries for numerous fish species and restingand nesting places for migratory birds.

3. Biological supermarketIt is the source of fish andother protein-loaded aquatic creatures. Wetlands are alsothe source of fuelwood, timber, materials for utensils andhandicrafts of indigenous peoples and even fodder for workanimals.

4. Defense fortificationsWetlands proved excellent

defenses against the onslaught of typhoons and tsunamis asproven by the tsunami generated by an earthquakeoccurrence in 2004 which reached Indonesia, Thailand andSri Lanka. Scientists explained the roots of vegetation thatsurround Asian mangroves and other forest wetlands helpedto hold the sediments in place against the impact of strongwinds and waves.

5. Natural engineering structuresWetlands are naturaldams absorbing heavy rainfalls, preventing floods or slowing

down the flow of floodwaters. Most important is the fact thatwetlands store water and, therefore, stabilize water supplies.

6. Sponge for freshwaterWetlands help rechargegroundwater aquifers to satisfy peoples need for drinking

and agriculture. More than a billion people in Asia rely ongroundwater for drinking while it was reported that inEurope, an estimated 65% of public water originates fromgroundwater sources.

7. Treasure trove of cultural heritageMany wetlandsfeatured in mans march towards civilization and are nowheritage sites and tourists destinations generating muchincome for the population. Among them are the Tonle SapLake in Siem Reap (Cambodia), Kalang River (Singapore),Inle Lake (Myanmar) and the coastal areas of the island ofMindoro (Philippines).

CONVENTION ON BIOLOGICAL DIVERSITY(CBD)

- is an international legally-binding treaty with three maingoals:

1. Conservation of biodiversity;2. Sustainable use of biodiversity;

3.

Fair and equitable sharing of the benefits arising fromthe use of genetic resources.

Its overall objective is to encourage actions which will lead to asustainable future.

Subject to the rights of other States, and except as otherwiseexpressly provided for in the Convention, the provisions of theConvention apply, in relation to each Contracting Party:


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in the case of components of biological diversity, in areaswithin the limits of its national jurisdiction;

in the case of processes and activities, regardless of wheretheir effects occur, carried out under its jurisdiction orcontrol, within the area of its national jurisdiction or beyond

the limits of national jurisdiction.

Each Contracting Party must, as far as possible, cooperate with otherContracting Parties directly or, where appropriate, throughcompetent international organisations both in respect of areasbeyond national jurisdiction and on other matters of mutual interest,for the conservation and sustainable use of biological diversity.

Each Contracting Party should, in accordance with its particularconditions and capabilities:

develop national strategies, plans or programmes for the

conservation and sustainable use of biological diversity oradapt for this purpose existing strategies, plans orprogrammes;

integrate, as far as possible and as appropriate, theconservation and sustainable use of biological diversity intorelevant sectoral and cross-sectoral plans, programmes andpolicies.

Each Contracting Party should as far as possible:

Identify components of biological diversity important for itsconservation and sustainable use, having regard to theindicative list of categories set down in Annex I;

Ionitor, through sampling and other techniques, thecomponents of biological diversity identified, payingparticular attention to those requiring urgent conservationmeasures and those which offer the greatest potential forsustainable use;

identify processes and categories of activities which have orare likely to have significant adverse impacts on theconservation and sustainable use of biological diversity and

monitor their effects through sampling and othertechniques;

maintain and organise, by any mechanism, data derivedfrom identification and monitoring activities pursuant to thepoints set out above.

Each Contracting Party should, as far as possible, adopt economicallyand socially sound measures that act as incentives for theconservation and sustainable use of components of biologicaldiversity.

The Convention makes provision for the following:

Establishment and maintenance of programmes for scientificand technical education and training for the identification,conservation and sustainable use of biological diversity andits components and providing support for such education

and training for the specific needs of developing countries; Encouragement of research whic

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