UNIVERSITY OF ILOILO

COLLEGE OF LAW

COURSE GUIDELINES & OUTLINE

NATURAL RESOURCES AND ENVIRONMENTAL LAW

Academic Year 2015-2016

First Semester

Atty. Anfred P. Panes

Lecturer

COURSE GUIDELINES

A. GENERAL INFORMATION

Class Time : SECOND YEAR- FRIDAYS 6-9 PM;

Contact : Tel No.: 033 3209976

E-mail: anfred22@gmail.com

B. COURSE MATERIALS

Special laws, which are readily available from the Internet, you may download for
the laws and assigned cases from www. lawphil.net, for the environmental issues from
www.oneocean.org, and www. google.com.

Textbook: Law on Natural Resources and Environmental Law Developments, by

Justice Oswaldo D. Agcaoili, 2011 Edition.

C. OBJECTIVES, METHODOLOGY AND EVALUATION

Objectives:

To let the student appreciate the environmental and natural resource governance
system of the Philippines, including understanding the role of key government
agencies and other actors in the system;

To acquire knowledge on the constitutional provisions and special laws governing

natural resources their use and disposition. The study includes existing laws
protecting the environment and the ecosystem and prevailing rules against
despoliation of the environment.

To appreciate the linkage between national laws and international environmental

law;

To acquire knowledge on specific international environmental issues such as

climate change and biological diversity.

Methodology:

This course will be conducted through a mix of (a) classroom learning through lectures,
group dynamics, class reports, topic presentation, case studies, term papers and (b)
 experiential learning. Students are expected to fully participate in class discussion, as there
would be graded recitation. There would be a topic presentation for each student (Hereunder
is the guideline).

Evaluation:

Evaluation is based on three (3) major exams, topic presentation and graded recitation.

Midterm 35%
Finals 35%
Class Standing 30%
100%

Class Standing Component:

1. Case Presentation----------- 10%

2. Graded Recitation ---------- 10%
3. Term Paper------------------- 10%

COURSE OUTLINE

I. INTRODUCTION:

1. Course Expectation and Overview; (DAY 1);

2. Tragedy of the Commons;

II. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (RPEC):

1. A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases;

III. ENIVIRONMENT AND THE PHILIPPINE CONSTITUTION:

1. Constitutional Provisions: Right to health and environment

o Sec. 15 and 16, Article II, Const.
o Oposa vs. Factoran, G.R. No. 101083 July 30, 1993, 224 SCRA 789
o Ysmael v Deputy Executive Secretary [G.R. No. 79538 October 18, 1990]
o Henares vs. LTFRB, G.R. No. 158290, Oct 23, 2006
o SJS v Atienza G.R. No. 156052, Feb. 13, 2008
o MMDA vs Concerned Citizens of Manila Bay, G.R. No. 171947-48, Dec. 18, 2008
o
Constitutional Provisions: Utilization of Natural Resources;

Regalian Doctrine

o Sec. 2, Art. XII, Const.

o Ysmael v Deputy Executive Secretary, G.R. No. 79538 October 18, 1990
o Miners Assoc vs. Factoran, G.R. No. 98332, Jan 16, 1995
o PICOP vs Base Metal Mining, G.R. No. 163509, Dec 6, 2006
o DENR vs. Yap, G.R. No. 167707, Oct 8, 2008
 National Parks
o Secs. 3 and 4, Art. XII, Const.

Preferential Use of Resources

o Sec 7, Art XIII; par 2&3, Const.
o Sec 2, Art XII; foreign part: par 4, Const.

Local Government Share

o Sec. 7, Art. X; Local Government Code

Access to Information
o Sec 7, Art. III, Const.

Peoples Participation
o Sec 16, Art XIII, Const.

Constitutional provisions: Indigenous Peoples Rights

o Sec. 5, Art. XII, Const.

o Cario vs. Insular Government, 41 Phil 935 (1909)
o Cruz vs NCIP, G.R. No.135385, Dec 6, 2000; read opinion of Justice Puno

2. Right to a Balanced and Healthful Ecology:

- Oposa vss. Factoran- GR No. 101083, July 30, 1993;

- MMDA vs. Concerned Citizens of Manila Bay, G.R. No. 171947-48, December 18,
2008;

3. Intergenerational Justice and Responsibility: The Environmental Law Cases;

IV. REVIEW AND ANALYSIS OF ENVIRONMENTAL LAWS

- R.A. 6969- The Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990;

- R.A. 8749- Clean Air Act;

- R.A. No. 9003- Ecological Solid Waste Management Act of 2000;

- R.A. 7942- The Philippine Mining Act;

o La Bugal Blaan vs. Sec DENR, et al. , GR No. 127882, Jan 27, 2004;

o Southeast Mindanao Gold Mining Corp vs. Balite Portal Mining Coop, GR No.
135190, April 3, 2002;

- R.A. No. 7076- Peoples Small Scale Mining Act of 1991;

- R.A. 7586- National Integrated Protected Area System Act of 1992;

- R.A. 8371- Indigenous Peoples Rights Act;

- C.A. 141- Public Land Act;

 - P.D. 705- Revised Forestry Code;

- R.A. 7638- Department of Energy Act 0f 1992;

- Downstream Oil Industry Deregulation Act of 1996;

- R.A. 8550- Philippine Fisheries Code of 1998;

o - Sec. 149, Local Government Code of 1991

o Definition and Delineation of Municipal Waters (DENR DAO 01-17);

o Preferential Treatment of Municipal Fishers (Joint Administrative Order No. 3,

1996);

o Hizon vs. Court of Appeals, 265 SCRA 517 (1996);

o MMDA vs. Concerned Residents of Manila Bay, supra

- P.D. 1067- Water Code of the Philippines;

- PD 1151; Philippine Environmental Policy, June 6, 1977;

- PD 1152; Philippine Environmental Code, June 1977;

- PD 1586; Environmental Impact Assessment, June 11,1978;

- RA 9279; Climate Change Act Of 2009, July 27, 2009; and

- RA 101211, Philippine Risk Reduction And Management Act 0f 2010, May 27, 2010.

V: OVERVIEW OF INTERNATIONAL LAWS AND PRINCIPLES:

1. Rio Agreements (Climate Change [UNFCC & Kyoto Protocol], Agenda 21) CITES and
other wildlife agreements;

2. UNCLOS.