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Environmental Law Reviewer |1

ENVIRONMENTAL LAWS:
Notes/Reviewer

ENVIRONMENTAL LAW-has been defined as that set of


legal rules addressed specifically to activities which
potentially affect the quality of the environment, whether
natural or man-made. It consists of international and
national laws relating to the protection and enforcement of
the environment and encompasses both hard law (i.e.
international treaties and national legislations) and soft
law (i.e. guidelines, standards, etc.). Its elements are
derived from sectoral subject areas (e.g., air, marine and
inland water, soil, energy, biological diversity) and
functional tasks (e.g. environmental impact assessment,
natural resources accounting, environmental auditing, etc.)
[Craig, 2002).
What is the difference between old natural resources
law and the environmental law we have today?
Old: Use-oriented/profit-oriented, no thoughts on what
could happen, focuses on unlimited exploitation of
resources.
Present: Resource-oriented, basically aimed at long-term
management and sustainable use of natural resources.

SUSTAINABLE DEVELOPMENT (Tagalog: Likas-kayang


pag-unlad) -often equated with development without
destruction. It is optimal development with minimal
destruction. In short, wise use of the environment. By
wise use is meant sustainable utilization for the benefit of
mankind in a way compatible with the maintenance of the
natural elements of the ecosystem. It is, in other words, a
forward-looking development.

AJDM Notes 2014

CONSTITUTIONAL PROVISIONS ON
ENVIRONMENTAL PROTECTION
Sec. 16, Art. II: The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
Sec. 2 (2), Art. XII: The State shall protect the nations marine
wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
Sec.5, Art. XII: The State, subject to the provisions of this
Constitution and national development policies and programs, shall
protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural wellbeing.
The Congress may provide for the applicability of customary
laws governing property rights or relations in determining the
ownership and extent of ancestral domain. (Note: Indigenous

peoples traditional ecological knowledge is an integral part of


understanding the environment).

UN FRAMEWORK CONVENTION ON
CLIMATE CHANGE (UNFCCC)
International Environmental Treaty that was produced at the UN
Conference on Environment and Development. It is aimed at
STABILIZING greenhouse gas concentrations in the atmosphere at a
level that would prevent interference with climate system.
Since the UNFCCC entered into force, the parties have been meeting
annually in Conferences of the Parties (COP) to assess progress in
dealing with climate change, and beginning in the mid-1990s, to
negotiate the Kyoto Protocol to establish legally binding obligations
for developed countries to reduce their greenhouse gas emissions.

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

Environmental Law Reviewer |2

Under the Convention, governments:

gather and share information on greenhouse gas emissions,


national policies and best practices;
launch national strategies for addressing greenhouse gas
emissions and adapting to expected impacts, including the
provision of financial and technological support to
developing countries ;
cooperate in preparing for adaptation to the impacts of
climate change

The agreement requires parties to:

KEY ELEMENT: parties should act to protect the climate system on


the basis of EQUALITY and in accordance with their COMMON BUT
DIFFERENTIATED responsibilities and respective capabilities.
The principle of COMMON but DIFFERENTIATED
responsibilities includes 2 elements: (Very important. Tinatanong
ni Ambatol pag malapit na finals. Tinanong din sa final exam)
(1) Common responsibilities of parties to protect the
environment, parts of it, at the national, regional, and global
levels
(2) Need to take into account the different circumstances,
particularly each partys contribution to the problem and its
ability to prevent, reduce, and control threat.
Another element underpinning the UNFCCC is the polluter pays
principle. This means that the party responsible for producing
pollution is responsible for paying for the damage done to the
natural environment.

ASEAN AGREEMENT ON TRANSBOUNDARY


HAZE POLLUTION

AJDM Notes 2014

An agreement which binds a group of contiguous states to


tackle transboundary haze pollution resulting from land and
forest fires.

COOPERATE in developing and implementing measures to


prevent, monitor, and mitigate transboundary haze pollution
by controlling sources of land and forest fires, assessment
and early warning systems, exchange of information, and
mutual assistance.
RESPOND PROMPTLY to a request for relevant
information sought by a state affected or may be affected by
transboundary haze pollution.
TAKE legal, administrative, and/or other measures to
implement their obligation under the agreement.

MEMBERS OF ASEAN

Philippines
Brunei Darussalam
Laos
Malaysia
Myanmar
Singapore
Thailand
Vietnam
Indonesia
Cambodia

DENR BUREAUS AND ATTACHED


AGENCIES: ENVIRONMENTAL FUNCTIONS
(1) Ecosystems Research and Development Bureau-principal
research and development (R & D) unit of DENR. Its R & D and
extension activities are focused on the 5 major ecosystems of the

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

Environmental Law Reviewer |3


Philippines which include forests, upland farms, grassland and
degraded areas, coastal zone and freshwater, and urban areas.
(2) Environmental Management Bureau (EMB)- the primary
government agency under the Department of Environment and
Natural Resources to formulate, integrate, coordinate, supervise and
implement all policies, programs, projects and activities relative to
the prevention and control of pollution as well as the management
and enhancement of environment (e.g. It is mainly responsible for
the implementation and enforcement of RA 8749 (Phil Clean Air Act
of 1999).
(3) Forest Management Bureau (FMB)- provides support for the
effective protection, development, occupancy management, and
conservation of FOREST LANDS and WATERSHEDS.
(4) Land Management Bureau (LMB)- As per Executive Order
192, LMB shall ADVISE the Secretary on matters pertaining to
rational land classification, management, and disposition.
It is an agency of the Philippine government under the Department
of 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 jurisdiction
of other government agencies.
(5) Mines and Geosciences Bureau (MGB)- government agency
responsible for the conservation, management, development, and
proper use of the countrys mineral resources including those in
reservations and lands of public domains.
(6) Protective Areas and Wildlife Bureau (PAWB)- The Bureau
shall have the following functions:

Formulate and recommend policies, guidelines, rules and


regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks,

AJDM Notes 2014

wildlife sanctuaries and refuge, marine parks, and


biospheric reserves;
Formulate an up-to-date listing of endangered Philippine
flora and fauna and recommend a program of conservation
and propagation of the same;
Assist the Secretary in the monitoring and assessment of
the management of the Integrated Protected Areas
System and provide technical assistance to the regional
offices in the implementation of programs for these
areas;
Formulate and recommend policies, guidelines, rules and
regulations for the preservation of biological diversity,
genetic resources, the endangered Philippine flora and
fauna;
Perform other functions as may be assigned by the
Secretary and/or provided by law.

PD 1151: PHILIPPINE ENVIRONMENTAL


POLICY
Purpose: To protect the right of the people to a healthy
environment through a requirement of environmental impact
assessments and statements
Features:
(1) Declares a continuing policy of the State (a) to create,
develop, maintain, and improve conditions under which man
and nature can thrive in productive and enjoyable harmony
with each other, (b) to fulfill the social, economic, and other
requirements of present and future generations of Filipinos,
(c) to ensure the attainment of an environmental quality that
is conducive to a life of dignity and well being
(2) In pursuing this policy , it shall be the responsibility of the
government, in cooperation of concerned private

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

Environmental Law Reviewer |4


organizations and entities, to use all practicable means,
consistent with other essential considerations of national
policy, in promoting the general welfare to the end that the
nation may (a) recognize, discharge, and fulfil the
responsibilities of each generation as trustee and guardian of
the environment for the succeeding generations, (b) assure
the people of a safe, decent, helpful, productive, and
aesthetic environment, (c) encourage the widest exploitation
of the environment without degrading it, or endangering
human life, health, and safety or cr4eating conditions
adverse to agriculture, commerce, and industry, (d) preserve
important historic and cultural aspects of the Philippine
heritage, (e) attain a rational and orderly balance between
population and resource use, (f) improve the utilization of
renewable and non-renewable resources.
(3) In furtherance of these goals and policies, the government
recognizes the right of the people to a healthful
environment. It shall be the duty and responsibility of each
individual to contribute to the preservation and
enhancement of the Philippine environment.
(4) Pursuant to the above enunciated policies and goals, all
agencies and instrumentalities of the national government,
including all government owned and controlled corporations
as well as private corporations and firms and entities shall
prepare, file, and include in every action, project, or
undertaking 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 be
avoided 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

AJDM Notes 2014

the maintenance and enhancement of the longterm productivity of the same; and
whenever a proposal involves the use of depletable
or non-renewable resources, a finding must be
made that such use and commitment are
warranted.

PD 1152: PHILIPPINE ENVIRONMENTAL


CODE
Purpose: To achieve and maintain such levels of air quality as to
protect public health and to prevent to the greatest extent
practicable, injury and/or damage to plant and animal life and
property, and promote the social and economic development of the
country
Features:
(1) Provided a comprehensive program of environmental
protection and management. The Code established specific
environment management policies and prescribes
environmental quality standards.
(2) To achieve and maintain such levels of air quality as to
protect public health and to prevent to the greatest extent
practicable, injury and/or damage to plant and animal life
and property, and promote the social and economic
development of the country
(3) Prescribe management guidelines to protect and improve
water quality through: classification of Philippine waters,
establishment of water quality standards, protection and
improvement of the quality of the Philippine water
resources, and responsibilities for surveillance and mitigation
of pollution incidents

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

Environmental Law Reviewer |5


(4) Set guidelines for waste management with a view to
ensuring its effectiveness, encourage, promote and stimulate
technological, educational, economic and social efforts to
prevent environmental damage and unnecessary loss of
valuable resources of the nation through recovery, recycling
and re-use of wastes and wastes products, and provide
measures to guide and encourage appropriate government
agencies in establishing sound, efficient, comprehensive and
effective wastes management covering both solid and liquid
wastes

Minor petitioners contend that continued granting of timber license


constitutes a misappropriation or impairment of the natural resource
property and violates their constitutional right to a balanced and
healthful ecology (Art. II, Sec. 16) and the protection by the State in
its capacity as PARENS PATRIAE. Petitioners likewise rely on
respondents correlative obligation per Sec. 4 of Executive Order
192, to safeguard the peoples right to a healthful environment.
ISSUES:

NOTE: For PD 1152, usually, Ambatol gives the student reciting


much leeway on choosing a specific title he/she wants to recite on.
For example: Title II: Water Quality Management. So, make sure to
read one specific title thoroughly.

(1) Whether the petitioners have locus standi


(2) Whether the petitioners failed to allege in their complaint a
specific legal right violated by the respondent Secretary for which
any relief is provided by law.

OPOSA VS FACTORAN

HELD:

FACTS:
The principal petitioners are all minors duly represented and joined
by their respective parents. Impleaded as an additional plaintiff is
the Philippine Ecological Network, Inc. (PENI), a domestic non-stock
and non-profit corporation organized for the purpose of engaging in
concerted action geared for protection of the environment and
natural resources. The original defendant was Hon. Fulgencio
Factoran, Jr., Secretary of DENR.
The complaint was instituted as a taxpayers class suit and alleges
that plaintiffs are all citizens of the Republic of the Philippines,
taxpayers, and entitled to the full benefit, use, and enjoyment of
natural resource treasure that is the countrys virgin tropical forests.
The instant petition was filed to seek for the cancellation of all
existing timber license agreements (TLA) in the country and to cease
and desist from receiving, accepting, processing, renewing, or
approving new timber license agreements.

AJDM Notes 2014

(1) YES. They represent their generation as well as generations yet


unborn. Their personality to sue in behalf of the succeeding
generations can only be based on the concept of
INTERGENERATIONAL RESPONSIBILITY insofar as the right to
a balanced and healthful ecology is concerned.
Such a right as hereinafter expounded considers the rhythm and
harmony of nature. Nature means the created world in its entirety.
Such rhythm and harmony indispensably include, inter alia, the
judicious disposition, utilization, management, renewal, and
conservation of the countrys forest, mineral, land, waters, fisheries,
wildlife, off-shore areas, and other natural resources to the end that
their exploration, development, and utilization be equitably
accessible to the present as well as future generations.
Every generation has a responsibility to the next to preserve that
rhythm and harmony for the FULL ENJOYMENT of a balanced and
healthful ecology. The minors assertion of their right to a sound
environment constitutes, at the same time, the performance of their

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

Environmental Law Reviewer |6


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

(2) NO. The Court does not agree with the trial courts conclusions
that the plaintiffs failed to allege with sufficient definiteness a
specific legal right involved or a specific legal wrong committed, and
that the complaint is replete with vague assumptions and
conclusions based on unverified data.

The complaint focuses on one specific fundamental legal rightthe


RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY which is
solemnly incorporated in fundamental law. While said right is to be
found under the Declaration of Principles and State Policies, it does
not follow that it is less important than any civil political rights.
The right to a balanced and healthful ecology carries with it the
correlative right to refrain from impairing the environment.

MANILA PRINCE HOTEL VS GSIS


FACTS:
Pursuant to the privatization program of the government, GSIS
decided to sell 30-51% of the issued and outstanding shares ofthe
Manila Hotel Corporation (MHC). Two bidders participated, Manila
Prince 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 logically
considered as the winning bidder but is yet to be declared so.
Pending declaration, MPHC matches RBs bid and invoked the Filipino
First policy enshrined under par. 2, Sec. 10, Art. 12 of the 1987
Constitution, but GSIS refused to accept. In turn MPHC filed a TRO
to avoid the perfection/consummation of the sale to RB.
RB then assailed the TRO issued in favor of MPH arguing among
others that:

AJDM Notes 2014

Par. 2, Sec. 10, Art. 12 of the 1987 Constitution needs an


implementing law because it is merely a statement of
principle and policy (not self-executing);
Even if said passage is self-executing, Manila Hotel does not
fall under national patrimony.

ISSUE: Whether or not RB should be admitted as the highest bidder


and hence be proclaimed as the legitimate buyer of shares.
HELD:
No. MPHC should be awarded the sale pursuant to Art. XII of the
1987 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 of
the nation, it is deemed written in every statute and contract.
Manila Hotel falls under national patrimony. Patrimony in its
plain and ordinary meaning pertains to heritage. When the
Constitution speaks of national patrimony, it refers not only to the
natural resources of the Philippines, as the Constitution could have
very well used the term natural resources, but also to the cultural
heritage of the Filipinos. It also refers to our intelligence in arts,
sciences and letters. Therefore, we should develop not only our
lands, forests, mines and other natural resources but also the mental
ability 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 is
impressed with public interest; its own historicity associated with our
struggle for sovereignty, independence and nationhood.
Herein resolved as well is the term Qualified Filipinos which not only
pertains to individuals but to corporations as well and other juridical
entities/personalities. The term qualified Filipinos simply means
that preference shall be given to those citizens who can make a
viable contribution to the common good, because of credible
competence and efficiency. It certainly does NOT mandate the

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

Environmental Law Reviewer |7


pampering and preferential treatment to Filipino citizens or
organizations that are incompetent or inefficient, since such an
indiscriminate preference would be counter-productive and inimical
to 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 the
economic and planning agency, when the national interest dictates,
reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by
such citizens, or such higher percentage as Congress may prescribe,
certain areas of investments. The Congress shall enact measures
that will encourage the formation and operation of enterprises
whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference to
qualified Filipinos.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance with its
national goals and priorities.
[Note: Cultural heritage: part of environmental law].

ENVIRONMENTAL FUNCTIONS OF
AGENCIES
Department of Health (DOH)
o Has environmental health programs. These concerns
PREVENTING ILLNESS through managing the environment.
These are primarily concerned with effects of the
environment to health of people.
o Issues environmental sanitation clearance

AJDM Notes 2014

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), thus
promoting environmental awareness.
o Integrates lessons in pollution prevention, waste
management, environmental protection etc.
Department of Tourism
o Department responsible for the regulation of Philippine
tourism industry and promotion of the Philippines as a
tourist destination.
o Assumes prominent role in developing responsible tourism
thereby ensuring protection, preservation, and promotion of
resources.
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 of
Philippine road network and irrigation system.
o Responsible for removal and demolition of structures
obstructing free flow of water.
o Integrates environmental and social concerns into road and
infrastructure development projects.
o Utilizes Environmental Impact Assessment in its projects.

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

Environmental Law Reviewer |8


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 and
ENVIRONMENTAL MANAGEMENT (e.g. It may order LGUs to
determine if they have proper wastewater treatment
facilities).
Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA).
o Government agency for weather forecasting, flood control,
astronomical observations, and time service.
o Maintains NATIONWIDE NETWORK pertaining to observation
and forecasting of weather and other climatological
conditions affecting national safety, welfare, and economy.
o Undertakes researches on the structure, development, and
motion of typhoons and formulates measures for their
moderation.
o Maintains effective linkages with scientific organization here
and abroad, and promotes exchange of scientific information
and cooperation among personnel engaged in atmospheric,
geological, and astronomical studies.

POLLUTION ADJUDICATION BOARD (EO


192)
The Pollution Adjudication Board (PAB) is a quasi-judicial body
created under Section 19 of Executive Order (E.O.) 192 for the
adjudication of pollution cases.
It is created under the Office of the Secretary. The Board shall be
composed of the Secretary as the Chairman, Two (2)
Undersecretaries as may be designated by the Secretary, the

AJDM Notes 2014

Director of the Environmental Management Bureau (EMB), the Three


(3) others to be designated by the Secretary as members. The Board
shall 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 the
Secretary of the Department of Environment and Natural Resources
(the DENR) with Secretariat support provided by the Environmental
Management Bureau (EMB).
Power and function maybe delegated to the DENR Regional Officers
in 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 a
canal leading to adjacent Tullahan-Tinejeros River.
Petitioner Board, an agency charged with the task of determining
whether effluents of a particular industrial establishments comply
with or violate applicable anti-pollution statutory and regulatory
provisions have been remarkably forbearing, enforced the applicable
standards vis--vis Solar.
Petitioner issued an ex parte order directing Solar to immediately
cease and desist from utilizing its wastewater pollution source
installations. 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.

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

Environmental Law Reviewer |9


CA reversed the order of dismissal and declared the Writ of
Execution null and void. It held that certiorari is the proper remedy
since the order of petitioner would result in great and irreparable
damage to Solar.
Petitioner asked the Supreme Court to review CAs decision. It
claimed that ex-parte order with writ was issued in accordance with
law. It claimed that under PD 984, Sec. 7 (a), it has legal authority
to issue ex-parte orders to suspend the operations of an
establishment where there is prima facie evidence that such
establishment is discharging wastewater, the pollution level exceeds
the maximum permissible standards set by the Board.

Respondents Concerned Residents filed a complaint before the RTC


in Imus, Cavite against several government agencies, among them
the petitioners, for the cleanup, rehabilitation, and protection of
Manila Bay and to submit to RTC a concerted concrete plan of action
for the purpose.
The complaint alleged the following:

Respondents contention: No threat to life, public health safety or


welfare.
ISSUE: Whether the CA erred in reversing the Trial Courts decision.
HELD:
Yes. The Board was acting within its powers in issuing the cease and
desist orders as per PD 9874, Sec. 7 (a). It is not essential that an
immediate threat to life, public health, safety exists before an exparte cease and desist order may be issued. It is enough if the Board
finds that the wastes discharged do exceed the allowable standards
set by the Board.

MMDA vs. CONCERNED RESIDENTS OF


MANILA BAY
FACTS:
At the core of this case is Manila Bay, a place with proud historic
past, once brimming with marine life, but now a dirty and slowly
dying expanse mainly due to official indifference of people and
institutions that could have otherwise made a difference.

AJDM Notes 2014

Water quality had fallen way below the allowable standards


set by law (as confirmed by the DENR). Given the sample
water collected, the amount of fecal coliform content is
beyond 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 to
public health and in the depletion and contamination of the marine
life of Manila Bay, the RTC held petitioner liable and ordered to clean
up and rehabilitate Manila Bay and to restore its water quality to
class B waters fit for swimming, skin-diving, and other forms of
contact recreation.
Petitioners appealed before the CA contending that the provisions of
Environmental Code (PD 1152) relate only to the cleaning of specific
pollution incidents and do not cover cleaning in general. They also
asserted that cleaning of the Manila Bay is not a ministerial act which
can 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 the
cleanup of specific pollution incidents?
(2) Can petitioner be compelled by mandamus to clean up and
rehabilitate Manila Bay?
HELD:

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

E n v i r o n m e n t a l L a w R e v i e w e r | 10
(1) NO. Sec. 17 does not state that government agencies
concerned ought to confine themselves to containment,
removal, and cleaning operations when specific pollution
incident occurs.
On the contrary, Sec. 17 requires them to act even in the
absence of specific pollution incident, as long as the water
quality has deteriorated to a degree where its state will
adversely affect its best usage. This is not conditional on
occurrence of any pollution incident.
(2) YES. SC held that cleaning up and rehabilitating Manila Bay
is ministerial in nature and can be compelled by mandamus.
Sec. 3 (c) of RA No. 7924 (law creating MMDA) is mandated
to put up an adequate and appropriate sanitary landfill and
solid waste and liquid disposal as well as alternative garbage
disposal systems. This is set up by law (enjoined as a matter
of statutory obligations).

LAGUNA LAKE DEVELOPMENT AUTHORITY


(LLDA): RA 4850 and EO 927
The LLDA was organized by virtue of Republic Act No. 4850 as a
quasi-government agency with regulatory and proprietary functions.
Through Presidential Decree 813 in 1975, and Executive Order 927
in 1983, its powers and functions were further strengthened to
include environmental protection and jurisdiction over the lake
basins surface water. In 1993, through Executive Order 149, the
administrative supervision over LLDA was transferred from the Office
of the President to the Department of Environment and Natural
Resources (DENR).

R.A. No. 4850: AN ACT CREATING THE


LAGUNA LAKE DEVELOPMENT AUTHORITY,
PRESCRIBING ITS POWERS, FUNCTIONS
AJDM Notes 2014

AND DUTIES, PROVIDING FUNDS


THEREFOR, AND FOR OTHER PURPOSES.
Special Powers and Functions
1. To make a comprehensive survey of the physical and natural
resources and potentialities of the Laguna Lake region
particularly its social and economic conditions, hydrologic
characteristics, power potentials, scenic and tourist spots,
regional problems, and on the basis thereof, to draft a
comprehensive and detailed plan designed to conserve and
utilize optimally the resources within the region particularly
Laguna de Bay to promote the region's rapid social and
economic development and upon approval by the National
Economic and Development Authority (NEDA) Board of such
plan, to implement the same including projects in line with
said plan: Provided, That implementation of all fisheries
plans and programs of the authority shall require prior
consensus of the Bureau of Fisheries and Aquatic Resources
to ensure that such plans and programs are consistent with
the national fisheries plans and programs. For the purpose
of said survey, public agencies shall submit and private
entities shall provide necessary data except such data which
under existing laws are deemed inviolable.
2. To provide the machinery for extending the necessary
planning, management and technical assistance to
prospective and existing investors in the region;
3. To make recommendation to the proper agencies on the
peso or dollar financing, technical support, physical
assistance and, generally, the level of priority to be accorded
agricultural, industrial and commercial projects, soliciting or
requiring direct help from or through the government or any
of its instrumentalities;

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

E n v i r o n m e n t a l L a w R e v i e w e r | 11
4. To pass upon and approve or disapprove all plans,
programs, and projects proposed by local government
offices/agencies within the region, public corporations, and
private persons or enterprises where such plans, programs
and/or projects are related to those of the Authority for the
development of the region as envisioned in this Act. The
Authority shall issue the necessary clearance for approved
proposed plans, programs, and projects within thirty days
from submission thereof unless the proposals are not in
consonance with those of the Authority or that those will
contribute to the unmanageable pollution of the Laguna
Lake waters or will bring about the ecological imbalance of
the region: Provided, further, That the Authority is hereby
empowered to institute necessary legal proceeding against
any person who shall commence to implement or continue
implementation of any project, plan or program within the
Laguna de Bay region without previous clearance from the
Authority: Provided, furthermore, That any local government
office, agency, public corporation, private person, or
enterprise whose plans, programs and/or projects have been
disapproved by the Authority may appeal the decision of the
Authority to the NEDA within fifteen (15) days from receipt
of such disapproval whose decision on the matter shall be
final. Reasonable processing fees as may be fixed by the
Authority's Board of Directors shall be collected by the
Authority for the processing of such plans, programs and/or
projects: Provided, finally, The expansion plans shall be
considered as new plans subject to review of the Authority
and to payment of the processing fees.
The Authority and national and local government offices,
agencies and public corporations shall coordinate their plans,
programs, projects and licensing procedures with respect to
the Laguna Lake region for the purpose of drawing up a
Laguna Lake development plan which shall be binding upon
all parties concerned upon approval of the NEDA board.

AJDM Notes 2014

5. To engage in agriculture, industry, commerce, or other


activities within the region which may be necessary or
directly contributory to the socio-economic development of
the region, and, for this purposes, whether by itself or in
cooperation with private persons or entities, to organize,
finance, invest in, and operate subsidiary corporations:
Provided, That the Authority shall engage only, unless public
interest requires otherwise, in those activities as are in the
nature of new ventures or are clearly beyond the scope,
capacity, or interest or private enterprises due to
consideration of geography, technical or capital
requirements, returns on investment, and risk;
6. To plan, program finance/or undertake infrastructure
projects such as river, flood and tidal control works, waste
water and sewerage works, water supply, roads, portworks,
irrigation, housing and related works, when so required
within the context of its development plans and programs
including the readjustment, relocation or settlement of
population within the region as may be necessary and
beneficial by the Authority: Provided, That should any
project be financed wholly or in part by the Authority, it is
hereby authorized to collect reasonable fees and tolls as may
be fixed by its Board of Directors subject to the approval of
the NEDA Board from users and/or beneficiaries thereof to
recover costs of construction, operation and maintenance of
the projects: Provided, further, That if the Authority should
find it necessary to undertake such infrastructure projects
which are classified, as social overhead capital projects as
determined by the NEDA, the Authority shall be authorized
to receive financial assistance from the government in such
amount as may be necessary to carry out the said projects
subject to such terms and condition that may be imposed by
the government, upon recommendation of the NEDA Board:
Provided, finally, That such amount as may be necessary for
the purpose is hereby authorized to be appropriated out of
the funds of the National Treasury not otherwise
appropriated.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 12
7. To make an annual report to the stockholders regarding the
operation of the Authority more particularly a statement of
its financial conditions, activities undertaken, progress of
projects and programs and plans of actions for the incoming
years: Provided, however, That a majority of the
stockholders may require the Authority to submit report or
reports other than the annual report herein required, which
report must be submitted within a period of thirty (30) days
from notice thereof;
8. To lend or facilitate the extension of financial assistance
and/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 or
undertake reclamation projects and/or acquire such bodies
of land from the lake which may be necessary to accomplish
the aims and purposes of the Authority subject to the
approval of the NEDA Board: Provided, That the land so
reclaimed shall be the property of the Authority and title
thereto shall be vested in the Authority: Provided, further,
That the resulting lake shore shall continue to be owned by
the national government.
10. The provisions of existing laws to the contrary
notwithstanding, to engage in fish production and other
aqua-culture projects in Laguna de Bay and other bodies of
water within its jurisdiction and in pursuance thereof to
conduct studies and make experiments, whenever
necessary, with the collaboration and assistance of the
Bureau of Fisheries and Aquatic Resources, with the end in
view of improving present techniques and practice. Provided,
That until modified, altered or amended by the procedure
provided 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

AJDM Notes 2014

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 the
region to pass appropriate zoning ordinances and other
regulatory measures necessary to carry out the objectives of
the Authority and enforce the same with the assistance of
the Authority.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 13
13. The provisions of existing laws to the contrary
notwithstanding, to exercise water rights over public waters
within the Laguna de Bay region whenever necessary to
carry out the Authority's projects;
14. To act in coordination with existing governmental agencies
in establishing water quality standards for industrial,
agricultural and municipal waste discharges into the lake and
to cooperate with said existing agencies of the government
of the Philippines in enforcing such standards, or to
separately pursue enforcement and penalty actions as
provided for in Section 4(d) and Section 39-A of this Act:
Provided, That in case of conflict on the appropriate water
quality standard to be enforced such conflict shall be
resolved thru the NEDA Board;
15. To develop water supply from ground and/or lake water
resources for municipal, agricultural and industrial usages, in
coordination with the National Water Resources Council
created by Presidential Decree No. 424 dated March 28,
1974 or its successors in interests, and to enter into
agreements with municipalities, governmental agencies and
corporations and the private sector to supply, distribute and
market such water;
16. Undertake studies on the improvement and maintenance of
the desirable lake water quality of Laguna de Bay, and in
pursuance thereof, prepare a water quality management
program on a continuing basis, subject to the approval of
the NEDA, which the Authority shall carry out with the
assistance and support of all national and local government
units involved in water quality management.

E.O 927
-Further defines certain functions and powers of the Laguna Lake
Development Authority.

AJDM Notes 2014

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


1. Issue standards, rules and regulations to govern the
approval of plans and specifications for sewage works and
industrial waste disposal system and the issuance of permits
in accordance with the provisions of this Executive Order;
inspect the construction and maintenance of sewage works
and industrial waste disposal systems for compliance to
plans.
2. Adopt, prescribe, and promulgate rules and regulations
governing the Procedures of the Authority with respect to
hearings, plans, specifications, designs, and other data for
sewage works and industrial waste disposal system, the
filing of reports, the issuance of permits, and other rules and
regulations for the proper implementation and enforcement
of this Executive Order.
3. Issue orders or decisions to compel compliance with the
provisions of this Executive Order and its implementing rules
and regulations only after proper notice and hearing.
4. Make, alter or modify orders requiring the discontinuance of
population specifying the conditions and time within which
such discontinuance must be accomplished.
5. Issue, renew, or deny permits, under such conditions as it
may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage,
industrial waste, or for the installation or operation of
sewage works and industrial disposal system or parts
thereof: Provided, however, that the Authority, by rules and
regulations, may require subdivisions, condominiums,
hospitals, public buildings and other similar human
settlements to put up appropriate central sewerage system
and sewage treatment works, except that no permits shall
be required of any new sewage works or changes to or

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

E n v i r o n m e n t a l L a w R e v i e w e r | 14
extensions of existing works that discharge only domestic or
sanitary wastes from a single residential building provided
with septic tanks or their equivalent. The Authority may
impose reasonable fees and charges for the issuance or
renewal of all permits herein required.
6. After due notice and hearing, the Authority may also revoke,
suspend modify any permit issued under this Order
whenever the same is necessary to prevent or abate
pollution.
7. Deputize in writing or request assistance of appropriate
government agencies or instrumentalities for the purpose of
enforcing this Executive Order and its implementing rules
and regulations and the orders and decisions of the
Authority.
8. Authorize its representative to enter at all reasonable times
any property of the public dominion and private property
devoted to industrial, manufacturing, processing or
commercial use without doing damage, for the purpose of
inspecting and investigating conditions relating to pollution
or possible or imminent pollutions.
9. Exercise such powers and perform such other functions as
may be necessary to carry out its duties and responsibilities
under this Executive Order.
Further, to effectively regulate and monitor activities in the Laguna
de Bay region, the Authority shall have exclusive jurisdiction to issue
permit for the use of all surface water for any projects or activities in
or affecting the said region including navigation, construction, and
operation of fishpens, fish enclosures, fish corrals and the like.

AJDM Notes 2014

LLDA vs. CA
FACTS:
Laguna Lake Development Authority (LLDA) was created through
RA No. 4850 in order to execute the policy of towards environmental
protection and sustainable development so as to accelerate the
development and balanced growth of the Laguna Lake Area and the
surrounding provinces and towns.
EO 927 further defined and enlarged the powers and functions of
LLDA and enumerated towns, cities, and provinces encompassed by
the 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 authority
to grant in municipal waters and impose rental fees or charges
thereof.
Big fish pen operators took advantage of the occasion to establish
fish pens and fish cages to the dismay of LLDA. Implementation of
separate, independent policies in fish cages/fish pen operation and
the INDISCRIMINATE grant of fish pen permits by the lakeshore
municipalities aggravated the current environmental problems and
ecological stress of Laguna Lake.
LLDA then served notice to general public that:

Fish pens, cages, and other aquaculture structures


unregistered 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.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 15
A month later, LLDA sent notices advising the owner of the illegally
constructed fish pens/cages and aqua structures, advising them to
dismantle their respective structures otherwise demolition shall be
effected.
ISSUE: Which agency of the governmentLLDA or
towns/municipalities comprising the regionshould exercise
jurisdiction over the Laguna Lake and its surrounding district insofar
as issuance of permits for fishing privileges is concerned.
HELD:
LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927, specifically
provide that the LLDA shall have exclusive jurisdiction to issue
permits for the use of all surface water for any projects or activities
affecting the region. On the other hand, RA No. 7610 has granted
municipalities exclusive authority to grant fishery privilege on
municipal waters.
Provisions of RA No. 7610 do not necessarily repeal the laws creating
LLDA. Where theres conflict between general and special laws, the
latter should prevail as it evinces legislative intent more clearly than
general statute. Special law cannot be repealed, amended, or altered
by a subsequent general law by mere implications.
Moreover, the powers of LLDA , for the purpose of effectively
rehabilitating and monitoring Laguna de Bay, partakes of the nature
of police power, most pervasive, least limitable, most demanding of
all state powers.

TANO vs. SOCRATES


FACTS:
The Sangguniang Panglungsod of Puerto Princesa enacted Ordinance
No. 15-92 banning the shipment of live fish and lobster outside
Puerto Princesa City for a period of 5 years. In the same light, the SP

AJDM Notes 2014

Palawan also enacted a Resolution that prohibits the catching,


gathering, buying, selling, possessing, and shipment of live marine
coral-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 ordinance
and resolution by the city and provincial governments.
Petitioners now alleged that they have the preferential rights as
marginal fishermen granted with privileges provided in Sec. 149 of
the Local Government Code, invoking the invalidity of the
enactments 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 protect
public interests and the public rights to a balanced and healthful
ecology.
Rights and privileges invoked by petitioner are not absolute. The
General Welfare Clause of the Local Government Code mandates for
the liberal interpretation in giving the LGUs more powers to
accelerate economic development and to upgrade the life of people
in 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 PUBLIC


PARTICIPATION, ACCESS TO
INFORMATION, AND ENVIRONMENTAL
JUSTICE

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

E n v i r o n m e n t a l L a w R e v i e w e r | 16
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 necessary
provisions so that public authorities (at national, regional or local
level) will contribute to these rights to become effective. The
Convention provides for:
(1) Access to Environmental Information: the right of
everyone to receive environmental information that is held
by public authorities. This can include information on the
state of the environment, but also on policies or measures
taken, or on the state of human health and safety where this
can be affected by the state of the environment. Applicants
are entitled to obtain this information within one month of
the request and without having to say why they require it. In
addition, public authorities are obliged, under the
Convention, to actively disseminate environmental
information in their possession;
(2) Public Participation in Environmental decisionmaking: the right to participate in environmental decisionmaking. Arrangements are to be made by public authorities
to enable the public affected and environmental nongovernmental organisations to comment on, for example,
proposals for projects affecting the environment, or plans
and programmes relating to the environment, these
comments 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 to
challenge public decisions that have been made without
respecting the two aforementioned rights or environmental
law in general.

INDIGENOUS PEOPLES RIGHTS ACT of


1997
AJDM Notes 2014

-A legislation recognizing and promoting all the rights of indigenous


cultural communities or indigenous peoples of the Philippines.
It provides the ARTICULATION of numerous rights that should be
afforded to indigenous people which includes:

Right
Right
Right
Right
Right
Right

of ownership over land and natural resources


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

It also provides for the ESTABLISHMENT of a process for the formal


recognition of land rights through the introduction of the Certificate
of Ancestral Domain Title (CADT) and the ESTABLISHMENT of the
National Commission on Indigenous Peoples (NCIP), the agency
mandated to protect the interest of indigenous peoples.
[Note: Environmental Law also covers IPs because of their
traditional knowledge regarding the environment (plant and animals)
within their immediate surroundings.]

PD 1160: VESTING AUTHORITY IN


BARANGAY CAPTAINS TO ENFORCE
POLLUTION AND ENVIRONMENTAL
CONTROL LAWS AND FOR OTHER
PURPOSES.
-Law deputizing the Barangay Captain, the Barangay Councilman
and Barangay Zone Chairman as Peace Officers in order to contain
certain problems and grave danger brought about by pollution,
ecological imbalance, and other environmental disturbance, and

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

E n v i r o n m e n t a l L a w R e v i e w e r | 17
obviate any further aggravation of the consequent danger to public,
health, safety, and national interest.
All laws to the contrary notwithstanding, the Barangay Captain, the
Barangay Councilman, and the Barangay Zone Chairman are hereby
deputized as peace officers, with authority to effect arrest of
violators in accordance with law, for purposes of enforcing and
implementing national and local laws, ordinances and rules and
regulations governing pollution control and other activities which
create imbalance in the ecology or disturbance in environmental
conditions.
The courts and proper prosecuting or administrative officials or
agencies shall give preference to the expeditious disposition of
cases involving a violation of the laws, ordinances, rules and
regulations referred to in Sec. 2 of this Decree when the magnitude
of the violation is such as to adversely affect an entire or major
portion of a community as may be certified to by the National
Pollution Control Commission or the National Environmental
Protection Council as the case may be.

CLEAN AIR ACT


-outlines the governments measures to REDUCE air pollution and
INCORPORATE environmental protection into its development plans.
It mandates the various government agencies to do the following in
support of the Act:
1. Department of Environment and Natural Resources
(DENR) act as overall of the lead agency; prepare a
National Air Quality Status Report which shall be used as a
basis in formulating the Integrated Air Quality Improvement
Framework; issue rules and regulations in the
implementation of the Act.
2. Department of Transportation and Communication
(DOTC) in coordination with the DENR in case of

AJDM Notes 2014

industrial dischargers and the DOTC, in case of motor


vehicles, shall, based on environmental techniques, design,
impose on and collect regular emission fees from all said
dischargers as part of the emission permitting system or
vehicle registration renewal system, as the case may be;
implement the emission standards for motor vehicles
3. Department of Science and Technology (DOST) with
the DENR, other agencies, private sector , the academe,
non-government organizations and peoples organization,
shall establish a National Research Development Program for
the prevention and control of air pollution.
4. Department of Trade and Industry (DTI) , DOST Local
Government Units (LGUs) - together with the DENR shall
develop an action plan for the control and management of
air pollution from motor vehicles with the Integrated Air
Quality Management Framework.
5. DOTC, DTI and DENR - shall establish the procedures for
the inspection of motor vehicles and the testing of their
emissions for the purpose of determining the concentration
and/or rate of emission of pollutants discharged by the said
sources.
6. Department of Energy (DOE) co-chaired with the
DENR, in consultation with the Bureau of Product
Standards of DTI, DOST with the fuel and automotive
industries, academe and the consumers shall set
specifications for all types of fuel and fuel-related products,
to improve fuel composition for increased efficiency and
reduced emissions.
7. Philippine Atmospheric, Geophysical and
astronomical Service Administration (PAGASA) shall
regularly monitor meteorological factors affecting
environmental conditions including ozone depletion and
greenhouse gases.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 18
8. Philippine Nuclear Research Institute (PNRI) with
the DENR shall regulate all projects which will involve the
use of atomic and/or nuclear energy, and will entail relaease
of radioactive substances into the environment, incident to
the 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 on
Higher Education (CHED) , Department of Interior
and Local Governments (DILG) and the Philippine
Information Agency ( PIA) shall encourage
participation of government agencies and the private sector
including NGOs, POs, academe, environmental groups and
other private entities in a multi-sectoral campaign.

CLEAN WATER ACT


-aims to protect the countrys water bodies from pollution from landbased sources, industries and commercial establishments, agriculture
and community (household activities).
Coverage of the Act - This Act shall apply to water quality
management in all water bodies: Provided, That it shall primarily
apply to the abatement and control of pollution from land based
sources: Provided, further, That the water quality standards and
regulations and the civil liability and penal provisions under this Act
shall be enforced irrespective of sources of pollution.
It mandates the various government agencies to do the following in
support of the Act:
(1) Philippine Coast Guard in coordination with DA and the
Department shall enforce for the enforcement of water
quality standards in marine waters, set pursuant to this Act,
specifically from offshore sources;

AJDM Notes 2014

(2) DPWH through its attached agencies, such as the MWSS,


LWUA, and including other urban water utilities for the
provision or sewerage and sanitation facilities and the
efficient and safe collection, treatment and disposal of
sewage within their area of jurisdiction;
(3) DA, shall coordinate with the Department, in the formulation
of guidelines for the re-use of wastewater for irrigation and
other agricultural uses and for the prevention, control and
abatement of pollution from agricultural and aquaculture
activities: Provided, That discharges coming from non-point
sources be categorized and further defined pursuant to this
Act: Provided, further, That the Bureau of Fisheries and
Aquatic Resources (BFAR) of the DA shall be primarily
responsible for the prevention and control of water pollution
for the development, management and conservation of the
fisheries and aquatic resources;
(4) DOH shall be primarily responsible for the promulgation,
revision and enforcement of drinking water quality
standards;
(5) DOST, in coordination with the Department and other
concerned agencies, shall prepare a program for the
evaluation, verification, development and public
dissemination of pollution prevention and cleaner production
technologies; and
(6) Department of Education (DepEd), Commission Higher
Education (CHED), Department of the Interior and Local
Government (DILG) and Philippine Information Agency (PIA)
shall assist and coordinate with the Department in, the
preparation and implementation of a comprehensive
program pursuant to the objectives of this Act.
The Act also outlines the beneficial use of water (as follows):

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

E n v i r o n m e n t a l L a w R e v i e w e r | 19

Beneficial use - means the use of the environment or any element


or segment thereof conducive to public or private welfare, safety and
health; and shall include, but not be limited to, the use of water for
domestic, municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purposes.
1. Use of water for domestic purposes - means the utilization of
water for drinking, washing, bathing, cooking or other household
needs, home gardens and watering of lawns or domestic animals;
2. Use of water for municipal purposes - means the utilization
of water for supplying water requirements of the community;
3. Use of water for irrigation - means the utilization of water for
producing agricultural crops;
4. Use of water for power generation - means the utilization of
water for producing electrical or mechanical power;

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 disposal
of solid waste in accordance with ecologically sustainable
development principles.
It also aims to ensure the proper segregation, collection, transport,
storage, treatment, and disposal of solid waste through the
formulation and adoption of the best environmental practice in
ecological waste management EXCLUDING INCINERATION [burning
of waste].
R.A. No. 9003 considers waste as a resource that can be
recovered, emphasizing RECYCLING, REUSE, and COMPOSTING as
methods to minimize waste problems.

5. Use of water for fisheries - means the utilization of water for


the propagation of culture of fish as a commercial enterprise;

The Act also gives strong emphasis on the role of municipal and
LGUs providing for the creation of solid waste management
communities up to the barangay level.

6. Use of water for livestock raising - means the utilization of


water for large herds or flocks of animals raised as a commercial
enterprise;

HAZARDOUS CHEMICAL ACT (R.A. No.


6969]

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


water in factories, industrial plants and mines, including the use of
water as an ingredient of a finished product; and
8. Use of water for recreational purposes - means the
utilization of water for swimming pools, bath houses, boating, water
skiing, golf courses and other similar facilities in resorts and other
places of recreation.

AJDM Notes 2014

Overview: It has been recognized that the public and the


environment are at risk in the use or exposure to chemicals as well
as the long term damage brought about by careless handling or
disposal of hazardous wastes.
Under this act importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all
unregulated chemical substances and mixtures in the Philippines, as
well as the entry even in transit, or storage and disposal of
hazardous and nuclear wastes are regulated.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 20

The Department of Environment and Natural Resources shall be the


implementing agency and shall be assisted by the Inter-Agency
Advisory Council
It provides for the regulation of all chemical substances that may
pose threat to public health and the environment through import,
manufacture, sale, use, distribution, and disposal as well as the
regulation of all hazardous wastes from generation, transport,
storage, re-use/recycling, treatment and disposal [and to prevent
entry of nuclear wastes into the country FOR WHATEVER PURPOSE.]
Registration of the following is required to ensure that industrial
economic growth is achieved in an environmentally sound manner to
effectively manage hazardous wastes in order to minimize human
and environmental impacts cause by industrial activities:
Hazardous wastes generators
Hazardous wastes treater
Hazardous wastes transporter
Violators shall be subject to fines, imprisonment, dismissal from
office, confiscation and forfeiture chemical substances and mixtures
in favor of the government, deportation and barred from entry into
the Philippines in case of foreigner

NDRMMC: NATIONALDISASTER RISK


REDUCTION MANAGEMENT COUNCIL
-A working group of various government, non-government, civil
sector, and private sector organizations of the Philippines. It is under
the Department of National Defense. The Council is responsible
for ensuring the protection and welfare of the people during
disasters/emergencies.

AJDM Notes 2014

NIPAS ACT: National Integrated Protected


Areas 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 land
and/or water set aside by reason of their unique physical and
biological significance, managed to enhance biological diversity and
protected 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 outstanding
remarkable areas and biologically important public lands that are
habitats of rare and endangered species of plants and animals,
biogeographic zones and related ecosystems."
Enlisting categories of protected areas are as follows: (1)Strict
nature reserve; (2)Natural park; (3)Natural monument; (4)Wildlife
sanctuary; (5)Protected landscapes and seascapes; (6) Resource
reserve; (7) Natural biotic areas; and, (8) Other categories
established by law, conventions or international agreements which
the Philippine Government is a signatory.

WILDLIFE ACT
This Act calls for the CONSERVATION of the countrys wildlife
resources 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

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

E n v i r o n m e n t a l L a w R e v i e w e r | 21

Ecological and rehabilitation bond to be posted by


researchers.
Monitoring system for bioprospecting. [NOTE: Check the
definition of terms as provided by the law.]

Objectives: (a) Protection/conservation of species and their


habitats, (b) Regulation in the collection and trade of wildlife, (c) to
initiate and support scientific studies on conservation of biodiversity.

FISHERIES CODE RA 8550 1998


Objectives:

Conservation, protection and sustained management of the


countrys fishery and aquatic resources;
Poverty alleviation and the provision of supplementary
livelihood among municipal fisherfolk;
Improvement of productivity of aquaculture within ecological
limits;
Optimal utilization of offshore and deep-sea resources; and
Upgrading of post-harvest technology.

Chapter 1 declares the policy of the State with respect to fisheries


and contains a large definitions section. It is a declared policy to limit
access to the fishery and aquatic resources of the Philippines for the
exclusive use and enjoyment of Filipino citizens. Another principle of
policy is the protection of municipal fishermen. Fishery and aquatic
resources shall be managed in a manner consistent with the concept
of integrated coastal area management.
Chapter II contains the main body of rules relative to the
management and conservation of fisheries and to aquaculture.
Fisheries are classified in municipal fisheries, i.e. fishing in municipal
waters, and commercial fishing. Provisions of the Chapter also
regulate post-harvest facilities, activities and trade.

or fish refuges and sanctuaries in bays, foreshore lands, continental


shelf or any fishing ground to be set aside for the cultivation of
mangroves to strengthen the habitat and the spawning grounds of
fish. Remaining Chapters deal with fisheries research and
development (V), prescribe penalties and offences (VI), and contain
general provisions (VII).

MINERAL RESOURCES CONSERVATION


ACT: RA 7942 1955
-mandates the State to manage the countrys mineral resources and
to control and supervise the exploration, development, and
utilization of mineral resources.
The law reiterates the constitutional provision that only the
government may grant mining rights to individuals and corporations.
It also provides for areas open to mining operations subject to any
existing rights on reservation and prior agreements of all parties.
o

All mineral resources in public/private land including timber


or forest lands, shall be open to mineral
agreements/financial or technical assistance agreement
application.

The following are closed to mining applications:

In military and other government reservations except upon


prior written clearance by government agency concerned.
Near or under public or private building, cemeteries, historic
sites etc. except upon written consent
Areas expressly prohibited by law.
Areas covered by small scale miners
Virgin forests

SMALL SCALE MINING ACT: RA7076 1991

The Department of Fisheries may designate areas in Philippine


waters beyond 15 kilometres of the shoreline as fishery reservation

AJDM Notes 2014

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

E n v i r o n m e n t a l L a w R e v i e w e r | 22
Republic Act No. 7076 (1991), otherwise known as the Peoples
Small-Scale Mining Act defines small-scale mining as minimum
activities which rely heavily on manual labor using simple
implements and methods, and which do not use explosives or heavy
mining equipment. The main purpose of the law is: (1) To effect an
orderly and systematic disposition of small-scale mining areas in the
country; (2) To regulate the small-scale mining industry with the
view to encourage their growth and productivity; and (3) To provide
technical, financial and marketing assistance and efficient collection
of government revenues. Through this law, the harmful effects of
the classic trade-off between development and environment could be
minimized 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 use
only simple equipments like pick and shovel in extracting gold and
other precious metals in their mining areas. In this age of modern
technology, this law is making sure that the small mining law should
benefit the small miners and not only the big-time operators who are
using the skills and sweat of small-scale miners to accumulate a
fortune.

Purpose: To attain and maintain a rational and orderly balance


between socio-economic growth and environmental protection
This established an ENVIRONMENTAL IMPACT STATEMENT SYSTEM
founded and based on environmental impact statement, required
under Section 4 of P.D. No. 1151, of all agencies, instrumentalities of
national government, including GOCCs, as well as private
corporations and entities for every proposed project/undertaking
which significantly affect the quality of the environment.
Section 4 of P.D. No. 1151 provides:

Section 4. Environmental Impact Statements. Pursuant to the above

enunciated policies and goals, all agencies and instrumentalities of


the national government, including government-owned or controlled
corporations, as well as private corporations firms and entities shall
prepare, file and include in every action, project or undertaking
which significantly affects the quality of the environment a detail
statement on:

Under RA 7076, no ancestral land may be declared as a peoples


small scale mining area without the prior consent of the cultural
communities concerned. This respects the rights of the indigenous
peoples to their ancestral lands which are fully guaranteed under
existing 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 Natural
Resources, to engage in the extraction or removal of minerals or
ore-bearing materials from the ground.

(a) The environmental impact of the proposed action, project or


undertaking
(b) Any adverse environmental effect which cannot be avoided
should the proposal be implemented;
(c) Alternative to the proposed action;
(d) 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
(e) Whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and
commitment are warranted.

PD1586 (Environment Impact Assessment)

FEATURES:

--Law establishing an environmental impact statement system,


including other environmental management-related measures.

AJDM Notes 2014

Declared environmentally critical projects and areas are


required to obtain an Environmental Compliance Certificate
before operation

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

E n v i r o n m e n t a l L a w R e v i e w e r | 23

Environmentally Critical Projects includes heavy industries,


resource extractive industries, infrastructure projects, golf
course 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 (flora
and fauna)
Areas of unique historical, archeological, geological or
scientific interests
Areas which are traditionally occupied by cultural
communities 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 cancellation


of his/its certificate and or fine for each violation

What is an ENVIRONMENTAL IMPACT ASSESSMENT (EIA)?

It is the process of predicting the likely environmental


consequences of implementing a project or undertaking, and
designing appropriate preventive, mitigating and
enhancement measures.

EIA provides options for the project to be implemented with


assurance that the quality of the environment and well-

AJDM Notes 2014

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


PLANNING TOOL.
REAL PURPOSE OF EIA:
1. To aid the proponent/applicant on environmental
considerations prior to starting construction works on the
project.
2. To aid agencies in considering EIA results in their decision
making 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 adverse


impact that may be sensitive, irreversible and diverse. If the
project is an ECP, an EIS document will have to be
submitted. It will be the Environmental Management Bureau
(EMB-Manila) that has jurisdiction on the matter. In other
words, a project that is categorized as an ECP falls under the
authority of the EMB and must follow the steps identified
with the preparation of an EIS.

EIA STAGES
1. Screening - Determines if a project is covered or not
covered by the PEISS (Philippine Environmental Impact
Statement System). If a project is covered, screening further
determines what document type the project should prepare
to secure the needed approval, and what the rest of the
requirements are in terms of EMB office of application,
endorsing and decision authorities, duration of processing.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 24
2. Scoping - Identifies the most significant issues/impacts of a
proposed project, and then, delimits the extent of baseline
information to those necessary to evaluate and mitigate the
impacts.

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

3. EIA Study and Report Preparation - Involves a


description of the proposed project and its alternatives,
characterization of the project environment, impact
identification and prediction, evaluation of impact
significance, impact mitigation, formulation of Environmental
Management and Monitoring Plan,

City of Davao filed an application for a Certificate of Non-Coverage


(CNC) for its proposed project, the ARTICA Sports Dome. The
application was filed with the DENR-Environmental Management
Bureau (EMB). Attached is a certificate from Planning &
Development Office that the project is not located in a critical area.

4. EIA Report Review and Evaluation - An EMB procedural


screening for compliance to minimum requirements specified
during Scoping, followed by a substantive review of either
composed third party experts commissioned by EMB as the
EIA Review Committee for PEIS/EIS-based applications, or
DENR/EMB internal specialists, the Technical Committee, for
IEE based applications.
5. Decision Making - Involves evaluation of EIA
recommendations and the draft decision document, resulting
to the issuance of an ECC, CNC or Denial Letter. When
approved, a covered project is issued its certificate of
Environmental Compliance Commitment (ECC) while an
application of a non-covered project is issued a Certificate of
Non-Coverage (CNC).
6. Monitoring, Validation and Evaluation - Assesses
performance of the Proponent against the ECC and its
commitments in the Environmental Management and
Monitoring Plans to ensure actual impacts of the project are
adequately prevented or mitigated.

AJDM Notes 2014

FACTS:

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 to
comply.
ISSUES:
1. Whether Davao City, as a local government unit, is covered
by PD No. 1586.
2. Whether CNC should be issued to it.
HELD:
1. YES. Sec. 16 of the Local Government Code states that
among the duties of an LGU is to promote peoples right to a
balanced ecology. Hence, it is not exempt
Also, as per the Civil Code, a person is either natural or
juridical. The State and its political subdivisions are juridical
persons. Hence, LGU is a person covered by PD No. 1586.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 25
2. YES. Davao has sufficiently shown that the project area is
not environmentally-critical. Proclamation 2146 laid down all
the environmentally-critical areas/projects. The Sports Dome
does not fall under any of the categories.

Canada (IJC-UC) for settlement. The IJC-UC decided on February


28, 1931 that the Trail smelter should limit its sulfur dioxide
emissions and that Canada should pay the United States US$350,000
as compensation for damages.

Trail Smelter Arbitration vs Canada (33 and


35 American Journal of Environmental
Law)

Despite the IJC-UC decision, the conditions at the Trail smelter did
not improve. Consequently, by February 1933 the U.S. Government
was refiled complaints to the Canadian Government about the
situation at the smelter. These set of complaints led to an emissions
convention which was signed by the two parties on April 15, 1935.
The Convention called for the creation of a Tribunal to determine
whether damage has been done to Washington State since 1932. If
found to have done damage, should it be made to refrain from doing
so? Should any compensation be paid? [ISSUES].

In 1896, a smelter located in Trail, British Columbia, began


operating under American ownership. However, in 1906, the
Consolidated Mining and Smelting Company of Canada, Ltd. bought
the smelter plant in Trail. This company expanded the plant in size
and 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 emitted
into the air. Within that same time period the amount of sulfur
released from the plant on a monthly basis almost doubled from
what it had been in 1924. The amount of sulfur released in 1924
was about 4,700 tons per month. But in 1927, the amount had risen
to 9,000 tons per month. These increases continued because this
smelting operation of zinc and lead had become one of the largest
in North America.
Finally, the effect of these harmful amounts of sulfur being released
were noticed in the State of Washington. The effects were
noticeable because for every ton of sulfur released into the air there
are two tons of sulfur dioxide created. It was this increase in sulfur
dioxide that was detected through the rains.
In the period between 1928 and 1935, the Government of the
United States filed complaints with the Government of Canada that
sulfur dioxide emissions from the Trail smelter had damaged the
Columbia River Valley. On August 7, 1928, the issue was referred
to the International Joint Commission by the United States and

AJDM Notes 2014

HELD:
Tribunal found that damaged has been caused to the US and that it
should be indemnified for damages. It held that under the principles
of International Law, as well as the law of the US, no state has the
right to use or permit the use of its territory in such a manner as to
cause injury by fumes in or to the territory of another when the case
is of serious consequences and injury is established by clear and
convincing evidence. Hence, Canada was responsible for the conduct
of the Trail Smelter.
Principles:

Principle of Good Neighborliness


Polluter-Pays Principle
Common but Differentiated Responsibilities
Precautionary Principle If 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.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 26

Corfu UK vs. Albania 1949ICJ4


Facts/ background:
On May 15th. 1946 the British warships passed through the Channel
without the approval of the Albanian government and were shot at.
Later, on October 22nd, 1946, a squadron of British warships (two
cruisers and two destroyers), left the port of Corfu and proceeded
northward through a channel previously swept for mines in the North
Corfu Strait.
Both destroyers were struck by mine and were heavily damaged.
This incident resulted also in many deaths. The two ships were
mined in Albanian territorial waters in a previously swept and checkswept channel.
After the explosions of October 22nd, the United Kingdom
Government sent a note to the Albanian Government, in which it
announced 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 to
this unless the operation in question took place outside Albanian
territorial waters. Meanwhile, at the United Kingdom Government's
request, the International Central Mine Clearance Board decided, in
a resolution of November 1st, 1946, that there should be a further
sweep of the Channel, subject to Albania's consent. The United
Kingdom Government having informed the Albanian Government, in
a communication of November 10th, that the proposed sweep would
take place on November 12th, the Albanian Government replied on
the 11th, protesting against this 'unilateral decision of His Majesty's
Government'. It said it did not consider it inconvenient that the
British fleet should undertake the sweeping of the channel of
navigation, but added that, before sweeping was carried out, it
considered it indispensable to decide what area of the sea should be

AJDM Notes 2014

deemed to constitute this channel, and proposed the establishment


of a Mixed Commission for the purpose.
It ended by saying that any sweeping undertaken without the
consent of the Albanian Government outside the channel thus
constituted, i.e., inside Albanian territorial waters where foreign
warships have no reason to sail, could only be considered as a
deliberate violation of Albanian territory and sovereignty. After this
exchange of notes, 'Operation Retail' took place on November 12th
and 13th.
One fact of particular importance is that the North Corfu Channel
constitutes a frontier between Albania and Greece, that a part of it is
wholly within the territorial waters of these States, and that the
Strait is of special importance to Greece by reason of the traffic to
and from the port of Corfu.
Issues:
The British government claimed the minefield which caused the
explosions was laid between May 15th, 1946, and October 22nd,
1946, by or with the approval or knowledge of the Albanian
Government. Thus Albania was responsible for the explosions and
loss of life and had to compensate the UK government.
In addition to the passage of the United Kingdom warships on
October 22nd, 1946, the second question in the Special Agreement
relates to the acts of the Royal Navy in Albanian waters on
November 12th and 13th, 1946 when the British government carried
out a minesweeping operation called 'Operation Retail' without the
consent of Albania.
UK held the opinion the passage on October 22nd, 1946 was
innocent and that according to rules of international law it had the
right to innocent passage through the North Corfu Channel as it is
considered part of international highways and does not need a
previous approval of the territorial state.
The Albanian Government does not dispute that the North Corfu
Channel is a strait in the geographical sense; but it denies that this
Channel belongs to the class of international highways through

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

E n v i r o n m e n t a l L a w R e v i e w e r | 27
which a right of passage exists, on the grounds that it is only of
secondary importance and not even a necessary route between two
parts of the high seas, and that it is used almost exclusively for local
traffic to and from the ports of Corfu. Thus a previous approval of
the territorial state is necessary.
1) Should the North Corfu Channel as it is considered part of
international highways?
2) Is Albania responsible under international law for the
explosions which occurred on the 22nd October 1946 in
Albanian waters and for the damage and loss of human life
which resulted from them and is there any duty to pay
compensation?'

Conclusion of the court:


The Court therefore reaches the conclusion that Albania is
responsible under international law for the explosions which
occurred on October 22nd, 1946, in Albanian waters, and for the
damage and loss of human life which resulted from them, and that
there is a duty upon Albania to pay compensation to the United
Kingdom.
In the second part of the Special Agreement, the following question
is submitted to the Court:

Analysis:
The court analyses the geographical situation of the channel
connects two parts of the high seas and is in fact frequently being
used for international navigation. Taking into account these various
considerations, the Court concludes that the North Corfu Channel
should be considered as belonging to the class of international
highways through which an innocent passage does not need special
approval and cannot be prohibited by a coastal State in time of
peace.
The UK government claims that on October 22nd, 1946, Albania
neither notified the existence of the minefield, nor warned the British
warships of the danger they were approaching. According to the
principle of state responsibility, they should have done all necessary
steps immediately to warn ships near the danger zone, more
especially those that were approaching that zone. In fact, nothing
was 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 mines
in her waters depends on her having obtained knowledge of that fact
in sufficient time before October 22nd; and the duty of the Albanian

AJDM Notes 2014

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

(2) Has the United Kingdom under international law violated the
sovereignty of the Albanian People's Republic by reason of the acts
of the Royal Navy in Albanian waters on the 22nd October and on
the 12th and 13th November 1946 and is there any duty to give
satisfaction?
Albania was in fact in war with Greece which means that the coastal
state was not in time of peace. UK had not an innocent passage due
to the way it was carried out. The court assessed the manner of UK
warships after they had been shot at May 15th. Having thus
examined the various contentions of the Albanian Government in so
far as they appear to be relevant, the Court has arrived at the
conclusion that the United Kingdom did not violate the sovereignty
of Albania by reason of the acts of the British Navy in Albanian
waters on October 22nd, 1946.
The United Kingdom Government does not dispute that 'Operation
Retail' was carried out against the clearly expressed wish of the
Albanian Government. It recognizes that the operation had not the
consent of the international mine clearance organizations, that it
could not be justified as the exercise of a right of innocent passage,
and lastly that, in principle, international law does not allow a State

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

E n v i r o n m e n t a l L a w R e v i e w e r | 28
to assemble a large number of warships in the territorial waters of
another State and to carry out minesweeping in those waters. The
United Kingdom Government states that the operation was one of
extreme urgency, and that it considered itself entitled to carry it out
without anybody's consent.
The Court can only regard the alleged right of intervention as the
manifestation of a policy of force, such as has, in the past, given rise
to most serious abuses and such as cannot, whatever be the present
defects in international organization, The United Kingdom Agent, in
his speech in reply, has further classified 'Operation Retail' among
methods of self-protection or self-help. The Court cannot accept this
defense either find a place in international law.
Final conclusion of the court:
1) On the first question put by the Special Agreement of
March 25th, 1948,

RAMSAR CONVENTION ON WETLANDS


CONSERVATION
--International treaty, adopted in the Iranian City of Ramsar in 1971,
for the CONSERVATION and SUSTAINABLE UTILIZATION of
wetlands.
The Convention uses a broad definition of the types of wetlands
covered in its mission, including lakes and rivers, swamps and
marshes, wet grasslands and peatlands, oases, estuaries, deltas and
tidal flats, near-shore marine areas, mangroves and coral reefs, and
human-made sites such as fish ponds, rice paddies, reservoirs, and
salt pans.

The court gives judgment that the People's Republic of Albania is


responsible under international law for the explosions which
occurred on October 22nd, 1946, in Albanian waters, and for the
damage and loss of human life that resulted there from; and

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 of
ecosystem approaches, within the context of sustainable
development". "Wise use" therefore has at its heart the conservation
and sustainable use of wetlands and their resources, for the benefit
of humankind.

Reserves for further consideration the assessment of the amount of


compensation and regulates the procedure on this subject.

Under the 3 pillars of the Convention, the Parties have committed


themselves to:

2) On the second question put by the Special Agreement on


the violation of state sovereignty,
The court gives judgment that the United Kingdom did not violate
the sovereignty of the People's Republic of Albania by reason of the
acts of the British Navy in Albanian waters on October 22nd, 1946;
and unanimously, gives judgment that by reason of the acts of the
British Navy in Albanian waters in the course of the Operation of
November 12th and 13th, 1946, the United Kingdom violated the
sovereignty of the People's Republic of Albania, and that this
declaration by the Court constitutes in itself appropriate satisfaction.

AJDM Notes 2014

Work towards the wise use of all their wetlands through


national land-use planning, appropriate policies and
legislation, management actions, and public education;

Designate suitable wetlands for the List of Wetlands of


International Importance and ensure their effective
management; and

Cooperate internationally concerning transboundary


wetlands, shared wetland systems, shared species, and
development projects that may affect wetlands.

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

E n v i r o n m e n t a l L a w R e v i e w e r | 29

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 and
functions of wetlands are as:
1. Kidneys of the earth They purify water and wastes from
both natural and human sources by preventing high levels of
nutrients from agricultural run-offs such as phosphorous and
nitrogen from reaching the groundwater as well as
preventing the rapid growth of algae which use up the
oxygen in the water that is important for the survival of
other wetland species.
2. Storehouse of genetic materials Wetlands are habitats
for a wide variety of plants, animals and micro-organisms.
They are nurseries for numerous fish species and resting
and nesting places for migratory birds.
3. Biological supermarket It is the source of fish and
other protein-loaded aquatic creatures. Wetlands are also
the source of fuelwood, timber, materials for utensils and
handicrafts of indigenous peoples and even fodder for work
animals.
4. Defense fortifications Wetlands proved excellent
defenses against the onslaught of typhoons and tsunamis as
proven by the tsunami generated by an earthquake
occurrence in 2004 which reached Indonesia, Thailand and
Sri Lanka. Scientists explained the roots of vegetation that
surround Asian mangroves and other forest wetlands helped
to hold the sediments in place against the impact of strong
winds and waves.
5. Natural engineering structures Wetlands are natural
dams absorbing heavy rainfalls, preventing floods or slowing

AJDM Notes 2014

down the flow of floodwaters. Most important is the fact that


wetlands store water and, therefore, stabilize water supplies.
6. Sponge for freshwater Wetlands help recharge
groundwater aquifers to satisfy peoples need for drinking
and agriculture. More than a billion people in Asia rely on
groundwater for drinking while it was reported that in
Europe, an estimated 65% of public water originates from
groundwater sources.
7. Treasure trove of cultural heritage Many wetlands
featured in mans march towards civilization and are now
heritage sites and tourists destinations generating much
income for the population. Among them are the Tonle Sap
Lake in Siem Reap (Cambodia), Kalang River (Singapore),
Inle Lake (Myanmar) and the coastal areas of the island of
Mindoro (Philippines).

CONVENTION ON BIOLOGICAL DIVERSITY


(CBD)
-

is an international legally-binding treaty with three main


goals:
1. Conservation of biodiversity;
2. Sustainable use of biodiversity;
3. Fair and equitable sharing of the benefits arising from
the use of genetic resources.

Its overall objective is to encourage actions which will lead to a


sustainable future.
Subject to the rights of other States, and except as otherwise
expressly provided for in the Convention, the provisions of the
Convention apply, in relation to each Contracting Party:

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

E n v i r o n m e n t a l L a w R e v i e w e r | 30

in the case of components of biological diversity, in areas


within the limits of its national jurisdiction;
in the case of processes and activities, regardless of where
their effects occur, carried out under its jurisdiction or
control, within the area of its national jurisdiction or beyond
the limits of national jurisdiction.

Each Contracting Party must, as far as possible, cooperate with other


Contracting Parties directly or, where appropriate, through
competent international organisations both in respect of areas
beyond 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 particular
conditions and capabilities:

develop national strategies, plans or programmes for the


conservation and sustainable use of biological diversity or
adapt for this purpose existing strategies, plans or
programmes;
integrate, as far as possible and as appropriate, the
conservation and sustainable use of biological diversity into
relevant sectoral and cross-sectoral plans, programmes and
policies.

Each Contracting Party should as far as possible:

Identify components of biological diversity important for its


conservation and sustainable use, having regard to the
indicative list of categories set down in Annex I;
Ionitor, through sampling and other techniques, the
components of biological diversity identified, paying
particular attention to those requiring urgent conservation
measures and those which offer the greatest potential for
sustainable use;
identify processes and categories of activities which have or
are likely to have significant adverse impacts on the
conservation and sustainable use of biological diversity and

AJDM Notes 2014

monitor their effects through sampling and other


techniques;
maintain and organise, by any mechanism, data derived
from identification and monitoring activities pursuant to the
points set out above.

Each Contracting Party should, as far as possible, adopt economically


and socially sound measures that act as incentives for the
conservation and sustainable use of components of biological
diversity.
The Convention makes provision for the following:

Establishment and maintenance of programmes for scientific


and technical education and training for the identification,
conservation and sustainable use of biological diversity and
its components and providing support for such education
and training for the specific needs of developing countries;
Encouragement of research which contributes to the
conservation and sustainable use of biological diversity,
particularly in developing countries;
Promoting the use of scientific advances in biological
diversity research in developing methods for conservation
and sustainable use of biological resources.

Public education should be promoted and awareness enhanced to


highlight the importance of biological diversity through the media
and the inclusion of these topics in educational programmes.
The Contracting Parties should facilitate the exchange of
information, from all publicly available sources, relevant to the
conservation and sustainable use of biological diversity, taking into
account the special needs of developing countries (exchange of
information on the results of technical, scientific and socio-economic
research as well as information on training and surveying
programmes, etc.).

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

E n v i r o n m e n t a l L a w R e v i e w e r | 31
The Convention emphasises the role of indigenous and local
communities in conserving biodiversity. These populations heavily
and traditionally depend on the biological resources on which their
traditions are based.

WORLD HERITAGE CONVENTION (WHC)


The World Heritage Convention aims to promote cooperation among
nations to protect heritage around the world that is of such
outstanding universal value that its conservation is important for
current and future generations. It is intended that, unlike the seven
wonders of the ancient world, properties on the World Heritage List
will be conserved for all time.
States that are parties to the Convention agree to identify, protect,
conserve, and present World Heritage properties. States recognise
that the identification and safeguarding of heritage located in their
territory is primarily their responsibility. They agree to do all they can
with their own resources to protect their World Heritage properties.
They agree, amongst other things, as far as possible to:

Adopt a general policy that aims to give the cultural and


natural heritage a function in the life of the community and
to integrate the protection of that heritage into
comprehensive planning programs

Undertake 'appropriate legal, scientific, technical,


administrative and financial measures necessary for the
identification, protection, conservation, presentation and
rehabilitation of this heritage

Refrain from 'any deliberate measures which might damage,


directly or indirectly, the cultural and natural heritage' of
other Parties to the Convention, and to help other Parties in
the identification and protection of their properties.

AJDM Notes 2014

The Convention establishes a list of properties that have outstanding


universal value, called the World Heritage List. These properties are
part of the cultural and natural heritage of States that are Parties to
the Convention.
At August 2007 there were 851 sites on the World Heritage List. The
List includes 660 cultural properties, 166 natural properties and 25
properties that meet both cultural and natural criteria. The only site
ever removed from the World Heritage List was the Arabian Oryx
Sanctuary (Oman) which was delisted in July 2007.
A trust fund, the World Heritage Fund for the Protection of World
Cultural and Natural Heritage of Outstanding Universal Value (the
World Heritage Fund), is established under the Convention. The
Fund is financed by contributions from state parties and
contributions from private organisations and individuals.
Funds are used when state parties request assistance to protect their
World Heritage-listed sites, and to meet the urgent conservation
needs of properties on the List of World Heritage in Danger.
State parties can request international assistance from the World
Heritage Fund for studies, provision of experts and technicians,
training of staff and specialists, and the supply of equipment. They
can also apply for long-term loans and, in special cases, nonrepayable grants.

CONVENTION ON INTERNATIONAL TRADE


IN ENDANGERED SPECIES (CITES)
CITES is an international agreement signed by 176 nations designed
to ensure that international trade in animals and plants does not
threaten their survival in the wild. The treaty was drafted in
Washington, D.C. in 1973 and entered into force in 1975.
Species covered by CITES are listed in different appendices
according to their conservation status:

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

E n v i r o n m e n t a l L a w R e v i e w e r | 32

1. Appendix I includes species threatened with extinction and


provides the greatest level of protection, including
restrictions on commercial trade. (Example of species under
Appendix I: tiger, Himalayan brown bear, elephant, and
Tibetan antelope)
2. Appendix II includes species that although currently not
threatened with extinction, may become so without trade
controls. Regulated trade is allowed provided that the
exporting country issues a permit based on findings that the
specimens were legally acquired, and the trade will not be
detrimental to the survival of the species or its role in the
ecosystem. (Example of species under Appendix II:
Hippopotamus, bigleaf mahogany, and the gray wolf)
3.

Appendix III includes species for which a country has


asked other CITES Parties to help in controlling international
trade. Trade in Appendix-III species is regulated using
CITES export permits (issued by the country that listed the
species in Appendix III) and certificates of origin (issued by
all other countries). (Example of species under Appendix III:
walrus, Hoffmann's two-toed sloth, and the red-breasted
toucan)

INSTITUTIONAL ARRANGEMENTS IN THE


INTERNATIONAL LEVEL

AJDM Notes 2014

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