Escolar Documentos
Profissional Documentos
Cultura Documentos
MIDTERMS
Kyasurin Notes 1
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Q. CAN THE COURTS INTERFERE IN THE POLICY DETERMINATION BY THE EXECUTIVE
BRANCH ON THE PROPER MANAGAMENT OF FOREST RESOURCES? (Ysmael vs Deputy
Exec Secretary)
A. A long line of cases establish the basic rule that the courts will not interfere in matters which
are addressed to the sound discretion of the government agencies entrusted with the regulation
of activities coming under the special technical knowledge and training of such agencies.
Q. DOES THE DENR HAVE THE SOLE AUTHORITY IN ISSUING PERMITS RELEVANT TO
THE TRANSPORTATION OF SALVAGES FOREST PRODUCTS? (Ruzol v Sandiganbayan)
A. No. DENR is not the sole government agency vested with authority to issue permits relevant
to the transportation of salvaged forest products considering that pursuant to the general welfare
clause, LGUs may also exercise such authority.
Sec. 16. General Welfare- Every local government unit shall exercise the powers
expressly grated, those necessarily implied therefrom, as well as powers necessary, appropriate,
or incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare. Within their respective territorial jurisdiction, local
government units shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self- reliant scientific and
technological capabilities, improve public morals, enhance economic residents, maintain peace
and order, and preserve the comfort and convenience of their inhabitants.
Section 16, encapsulates the delegated police power to local governments. Local
government units EXERCISE police power through their respective legislative bodies.
Evidently, the Local Government Code of 1991 is unequivocal that the municipal mayor has the
power to issue licenses and permits and suspend or revoke the same for any violation of
the conditions upon which said licenses or permits had been issued, pursuant to law or
ordinance.
Forestlands, although under the management of the DENR, are not exempt from the
territorial application of municipal laws for local government units legitimately exercise their
powers of government over their defines territorial jurisdiction.
Kyasurin Notes 2
NATURAL RESOURCES CY 2017-2018
MIDTERMS
(2) the regulation and supervision of the operation of licenses, lessees and
permittees for the taking or use of forest products therefrom of the occupancy or use
thereof;
(3) the implementation of multiple use and sustained yield management in forest
lands;
(4) the protection, development and preservation of national parks, marine parks,
game refuges and wildlife;
(5) the implementation of measures and programs to prevent kaingin and managed
occupancy of forest and grazing lands;
(6) in collaboration with other bureaus, the effective, efficient and economic
classification of lands of the public domain; and (DAR and NCIP)
(7) the enforcement of forestry, reforestation, parks, game and wildlife laws, rules,
and regulations;
(8) the bureau shall regulate the establishment and operational sawmills, veneer and
plywood mills and other wood processing plants and conduct studies of domestic and
world markets of forest products.
Ø In Lagua vs Cusi, GR No. L-44649, April 15, 1988)
o The power of the FMB does not include the power to determine whether the clause
of a logging road is legal or illegal (Easement). They are also not allowed to grant
damages. That is a matter that may be threshed out in a judicial proceeding.
o So, not every activity inside a forest area is subject to the jurisdiction of the Bureau.
Ø Review of FMB Director’s Decisions
o Section 7. Supervision and Control. The bureau shall be directly under the control
and supervision of the Secretary of the Department of Natural Resources,
hereinafter referred to as the Department Head.
Ø FMB Director –> DENR Secretary –> Office of the President
o It is subject to review (motu proprio or upon appeal) to the DENR Secretary.
o The decision of the DENR Secretary shall be final and executory after the lapse
of 30 days from receipt by the aggrieved party unless appealed to the Office of the
President.
o DENR Secretary’s decision may not be reviewed by courts except thru a special
civil action for certiorari.
Kyasurin Notes 3
NATURAL RESOURCES CY 2017-2018
MIDTERMS
jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy
the jurisdiction over which is initially lodged with an administrative body of special competence.
Q. CAN YOU BE BARRED LACHES IF YOU FAILED TO FILE A SPECIAL CIVIL ACTION FOR
CERTIORARI SEEKING TO NULLIFY THE MEMORANDUM ISSUED BY QUASI- JUDICIAL
AGENCY? (Ysmael vs Deputy Executive Secretary)
A. Laches is defined as the failure or neglect for an unreasonable and unexplained length of time
to do that which by exercising due diligence, could or should have been done earlier, or to assert
a right within a reasonable time, warranting a presumption that the party entitled thereto has either
abandoned it or declined to assert it. The rule is that unreasonable delay on the part of a plaintiff
in seeking to enforce an alleged right may, depending upon the circumstances, be destructive of
the right itself. Verily, the laws aid those who are vigilant, not those who sleep upon their rights.
In the case at bar, petitioner waited for at least three years before it finally filed a petition
for certiorari with the Court attacking the validity of the assailed Bureau actions in 1983 and 1984.
Considering that petitioner, throughout the period of its inaction, was not deprived of the
opportunity to seek relief from the courts which were normally operating at the time, its delay
constitutes unreasonable and inexcusable neglect, tantamount to laches. Accordingly, the writ of
certiorari requiring the reversal of these orders will not lie.
Kyasurin Notes 4
NATURAL RESOURCES CY 2017-2018
MIDTERMS
PUBLIC FOREST OR FOREST RESERVES ARE NOT CAPABLE OF PRIVATE
APPROPRIATION
Ø Republic vs CA and Carantes
o Unless they are declassified by a positive act of the government so that they may
form part of the disposable agricultural lands of the public domain.- belongs to the
executive branch and not to the courts.
o Classification of land is descriptive of its legal nature and not what the land actually
looks like.
Kyasurin Notes 5
NATURAL RESOURCES CY 2017-2018
MIDTERMS
INTERGENERATIONAL RESPONSIBILITY
Ø Self- Executing (Bill of Rights- Article III) vs Non-self executing (Declaration of Principles;
Article II)
Ø GR: Declaration of Principles- Non Self- executing
Ø EXPN: Right to a balanced and healthful Ecology (Oposa vs Factoran)
o The Petitioners want to cancel all timber license agreements.
o Issue of Locus Standi: Yes. They have a legal standing to file.
o Petitioners minors assert that they represent their generation as well as
generations yet unborn. We find no difficulty in ruling that they can, for themselves,
for others of their generation and for the succeeding generations, file a class suit.
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."
o Needless to say, every generation has a responsibility to the next to preserve that
rhythm and harmony for the full enjoyment of a balanced and healthful ecology.
Put a little differently, the minors' assertion of their right to a sound environment
constitutes, at the same time, the performance of their obligation to ensure the
protection of that right for the generations to come.
Kyasurin Notes 6
NATURAL RESOURCES CY 2017-2018
MIDTERMS
any wood-processing plant, unless he has been authorized to do so under a license
agreement, lease, license, or permit.
Ø Go to DENR- FMB to secure licenses
Kyasurin Notes 7
NATURAL RESOURCES CY 2017-2018
MIDTERMS
In the first offense, one can raise as a defense the legality of the acts of
cutting, gathering, collecting or removing timber or other forest products by
presenting the authorization issued by the DENR. In the second offense, however,
it is immaterial whether the cutting, gathering, collecting and removal of the forest
products is legal or not. Mere possession of forest products without the proper
documents consummates the crime. Whether or not the lumber comes from a legal
source is immaterial because E.O. 277 considers the mere possession of timber
or other forest products without the proper legal documents as malum prohibitum.
Kyasurin Notes 8
NATURAL RESOURCES CY 2017-2018
MIDTERMS
standard increments, such as an 8 feet
long 2x4.
Kyasurin Notes 9
NATURAL RESOURCES CY 2017-2018
MIDTERMS
equipment to, and file the proper complaint with, the
appropriate official designated by law to conduct preliminary
investigations (OR INQUEST PROCEEDINGS) and file
informations in court.
• EXPN: If the arrest and seizure are made in the forests, far from
the authorities designated by law to conduct preliminary
investigations (OR INQUEST PROCEEDINGS), the delivery to,
and filing of the complaint with, the latter shall be done within
a reasonable time sufficient for ordinary travel from the place
of arrest to the place of delivery. The seized products,
materials and equipment shall be immediately disposed of in
accordance with forestry administrative orders promulgated
by the Department Head.
-- END--
Kyasurin Notes 10
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Kyasurin Notes 11
NATURAL RESOURCES CY 2017-2018
MIDTERMS
o Water flowing over lands
o Water from rainfall whether natural or artificial (cloud seeding)
o Waters from agrivulatural run-off
o Seepage
o Drainage
Ø Atmospheric waters
Ø Subterranean or ground water
Ø Sea water (12 NM; 200NM – subject to international law, treaties, UNCLOS)
Ø The following waters found on private land belong to the State:
o Continuous or intermittent waters rising on such land
o Lakes and Lagoons naturally occurring on such lands
o Rain water falling on such lands
o Subterranean or ground waters
o Waters in swamps and marshes
Ø Q. CAN THE OWNER OF THE LAND WHERE THE WATER IS FOUND IN THE PRIVATE
LAND USE THE WATER WITHOUT A PERMIT?
A. YES. It must be for purely domestic purposes. “Purely domestic purpose” as used in
these rules (2005 IRR) is defined as the use of not more than 250 liters/capita/day of water by a
single household. Any person who captures or collects water by means of cisterns, tanks, or pools
shall have exclusive control over such water and the right to dispose of the same.
Kyasurin Notes 12
NATURAL RESOURCES CY 2017-2018
MIDTERMS
ISSUE: W/N the grant to K-Water violated the Water Code of the Philippines?
HELD: NO
The grant to K-Water did not violate the constitution. Under the Water Code, the concept of appropriation is the act of diverting
water from a natural source. A foreign company may not be said to be appropriating our natural resources if it utilizes the waters
collected in the dam and converts the same into electricity through artificial devices
Since NPC remains in control of the operation of the dam by virtue of the water rights granted to it, there is no legal impediment to
foreign owned corporation undertaking the generation of electric power using waters already appropriated by NPC, the holder of the
water permit.
Kyasurin Notes 13
NATURAL RESOURCES CY 2017-2018
MIDTERMS
1. As of the date of filing of the application of water permit in case of approved permit
2. The date of the actual use in case where no permit is required.
Kyasurin Notes 14
NATURAL RESOURCES CY 2017-2018
MIDTERMS
EASEMENTS
Ø An easement is an encumbrance imposed upon immovable for the benefit of another
immovable belonging to a different owner (CIVIL CODE)
Ø Article 50 of PD 1067 in relation to Article 673 of the Civil Code
o ARTICLE 50. Lower estates are obliged to receive the waters which naturally and
without the intervention of man flow from the higher estates, as well as the stone
or earth which they carry with them.
o The owner of the lower estates cannot construct works which will impede this
natural flow, unless he provides an alternative method of drainage; neither can the
owner of the higher estate make works which will increase this natural flow.
Kyasurin Notes 15
NATURAL RESOURCES CY 2017-2018
MIDTERMS
WATERSHEDS
Ø It is an area drained by a river and its tributaries and enclosed by a boundary or divide
which separates it from adjacent waters.
Ø Protection of Watershed (ARTICLE 67)
o Any watershed or any area of land adjacent to any surface water or overlying any
ground water may be declared by the Department of Natural Resources as
protected area.
HELD: It is a watershed area, the possession of public land, however loing the period may have extended, never
confers title thereto upon the possessor because the statute of limitations with regard to public land does not
operate against the State, unless the occupant can prove possession and occupation of the same under claim of
ownership for the required number of years to constitute a grant from the State. It has been declared a watershed
for 81 years before she filed her application.
Kyasurin Notes 16
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Ø Jurisdiction of NWRB (SECTION 88)
o The NWRB enjoys limited jurisdiction over all disputes relating to EDU-CAP
(exploitation, development, utilization, control, conservation, appropriation and
protection) of waters.
Ø Decision of NWRB (ARTICLE 88)
GR: Immediately Executory and cannot be suspended
EXPN: (WHENCAN IT BE SUSPENDED) when a bond in an amount fixed by the Board
to answer for damages occasioned by the suspension or stay of execution, shall have
been filed by the appearing party.
EXPN TO THE EXPN: (CANNOT BE SUSPENED) unless the suspension is by virtue of
an order of a competent court.
Ø ARTICLE 88
o All disputes shall be decided within sixty (60) days after the parties submit the
same for decision or resolution.
o The BOARD shall have the power to issue writs of execution and enforce its
decision with the assistance of local or national police agencies. (It can enter into
private property to enforce its execution)
Ø Q. CAN A PARTY GO DIRECTLY TO THE COURT TO ADJUDICATE A DISPUTE OVER
WATER RIGHTS FOR IRRIGATION PURPOSES?
A. NO, go first to NWRB
Ø Doctrine of Exhaustion of Administrative Remedies apply in cases filed before NWRB
FACTS: On March 3, 1983, petitioner Tanjay Water District represented by its manager, Joel B. Borromeo, filed
in the Regional Trial Court of Negros Oriental, Dumaguete City, 7th Judicial Region, civil case no. 8144, an actions
for injunctions with preliminary mandatory injunction and damages against respondent Municipality of Pamplona
and its officials to prevent them from interfering in the management of Tanjay Waterworks System.
On March 26, 1983, respondent Judge issued an order dismissing the complaint for lack of jurisdiction
over the subject matter, respondent judge ruled that as the subject matter of Civil Case No. 8144 was water , the
case should have been brought first to the National Water Resources Council in accordance with Article 88 of
PD 1067
ISSUE: W/N the RTC has jurisdiction over the case? – NO
HELD: Inasmuch as Civil Case No. 8144 involves the appropriation, utilization and control of water, we hold that
the jurisdiction to hear and decide the dispute in the first instance, pertains to the Water Resources Council as
provided in PD 1067 which is the special law on the subject. The Court of First Instance (now RTC) has only
appellate jurisdiction over the case.
JURISDICTION (NWRB)
1. ISSUED INVOLVLES WATER RIGHTS DISPUTE
Ø Water right is the right to appropriate water, i.e management of Tanjay Waterworks
System
2. “preference in the use and development of waters (Abe Abe vs. Manta GR no. L-4827,
may 31, 1979)
Kyasurin Notes 17
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Ø Injunction to prevent third persons from unauthorized extraction and withdrawal of ground
water within petitioners service area (Metro Iloilo vs CA – GR no. 122855, March 31, 2005)
2. Action for Damages due to the malicious construction of a dam and diversion of the flow
of water by the petitioner (Bulao vs. Court of Appeals, GR no. 101983)
3. Annulment of title and reversion to the government of a lot covering a water reservoir
alleged to illegally and erroneously titled
4. Whether or not the construction of the dike obstructed the natural water course or free
flow of water from higher estate to lower estate (EASEMENT)
-- END--
Kyasurin Notes 18
NATURAL RESOURCES CY 2017-2018
MIDTERMS
GOVERNING LAW
Ø SECTION 1. Short Title – This Act shall be known as the Philippine Clean Air Act of
1999
Ø Enacted based on the principle that a clean and healthy environment is for the good of
all and consequently a concern of all.
Kyasurin Notes 19
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Ø Right to bring an action in court for compensation of personal damages arising from
adverse environmental or public health impact.
SOURCES OF POLLUTION
Ø Stationary Source
Ø Motor Vehicles
Ø Other Sources
Kyasurin Notes 20
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Ø This is prohibited in large-scale, industrial scale
o Q. Is Small Scale Incineration allowed?
§ A. NO. DENR bans backyard burning of garbage such as leaves and
other waste materials
§ This is prohibited by Republic Act 9003 or the Ecological Solid Waste
Management Act (Section 48 par 3)
§ The law states that burning leaves and wastes is harmful to one’s health.
Leaf and waste burning releases several poisons in the environment
Ø Remedy against Small Scale Incineration
o File a case against the person under Section 48(3) of RA 9003 or the
Ecological Solid Waste Management Act
o File an action for abatement or a nuisance because his/her daily incineration is
a nuisance that disturbs or annoys the senses.
Ø Q. What is the action of the LGU in order to promote the ban on incineration?
o A. To forestall incineration, LGU are mandated to promote, encourage and
implement in their respective jurisdiction a comprehensive ecological waste
management which includes waste segregation, recycling and composting.
IMPLEMENTING AGENCIES
AGENCY RESPONSIBILITY
DOTC 1. Implement the emission standard for motor vehicles set pursuant to and as provided in
this Act.
2. DOTC shall enforce compliance with the emission standard for motor vehicles set by
the DENR. The DOTC may deputize other law enforcement agencies and LGUs for this
purpose. To this end the DOTC shall have the power to:
(1) Inspect and monitor the emission of motor vehicles
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area
or street at specified times; and
(3) Authorize private emission testing centers duty accredited by the DTI
DENR 1. Review, revise and publish the emission standards every 2 years or as the need arises
2. It shall consider the maximum limits for all major pollutants to ensure substantial
improvement in air quality for the health safety and welfare of the general public.
DOTC, DTI, 1. Establish the procedures for the inspection of motor vehicles and the testing of their
DENR emissions for the purpose of determining the concentration and/or rate of emission of
pollutants discharged by said sources.
DTI 1. Formulate and implement a national motor vehicle inspection and maintenance
program that will promote efficient and safe operation of all motor vehicles
2. Develop and implement standards and procedures for the certification of training
institution, instructors and facilities and the licensing of qualified private service centers
and their technicians as prerequisite for performing the testing, servicing, repair and the
required adjustment to the vehicle emission system.
3. Prescribe regulations requiring the disclosure of odometer reading and the use of
tamper resistant odometers for all motor vehicles including tamper resistant fuel
Kyasurin Notes 21
NATURAL RESOURCES CY 2017-2018
MIDTERMS
management system for the effective implementation of the inspection and
maintenance program.
Q. WHAT IS MANDAMUS?
A. It is a special civil action which may be availed of to compel a person to perform an act which
he/she is duty bound to do so.
FACTS: The petitioners asked the court to issue a writ of mandamus commanding LTFRB and DOTC to require PUVs
to use compressed natural gas as alternative to fuel because dust, dirt and smoke emitted by PUVs have caused
detrimental effects on health and environment.
ISSUE: W/N LTFRB may be compelled by mandamus to require PUVs to use compressed natural gas as alternative to
fuel.
HELD: The Supreme Court held that there is no law which imposes and indubitable duty on respondents LTFRB and
DOTC that will justify a grant of the writ of mandamus compelling compressed natural gas for public utility vehicles. The
DOTC is merely mandated by law to implement the emission standards under the Clean Air Act and the law only sets
the maximum limit for the emission of vehicles but it does not recognize compressed natural gas as alternative for fuel.
The remedy is to go to the legislature, lobby the creation of law requiring the same. Absent such law, the petitioner’s
judicial recourse thru mandamus does not lie.
ISSUE: What would prevail, the conditions annotated in the title that it must be for residential purposes only or the
Municipal Ordinance declaring it for commercial or industrial purpose only.
HELD: While the validity of the ordinance was questioned, the SC upheld the same and considered it a valid exercise
of Police Power. The zoning of the land as commercial or industrial is to promote health, safety and general
welfare of the people. The area is not conducive for residential purposes because of noise and air pollution.
Kyasurin Notes 22
NATURAL RESOURCES CY 2017-2018
MIDTERMS
POLLUTION FROM SMOKING
Ø SECTION 24. Pollution from Smoking – smoking inside a public building or an enclosed
public place including public vehicles and other means of transport or in any enclosed
area outside of one’s private residence, private place of work or any duly
designated smoking area is hereby prohibited under this Act. This provision shall be
implemented by the LGUs.
APPLICABLE LAWS
Ø Tobacco Regulation Act of 2003, Republic Act No. 9211 (June 23, 2003)
Ø Section 5. Smoking Ban in Public Places – smoking shall be absolutely prohibited in the
following public places:
1. Centers of youth activity such as playschools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels and recreational
facilities for persons under 18 years old;
2. Elevators and Stairwells
3. Locations in which fire hazards are present including gas stations and storage
areas for flammable liquid, gas explosives or combustible materials;
4. Within the building and premises of public and private hospitals, medical, dental
and optical clinics, health centers, nursing home, dispensaries and laboratories.
5. Public conveyances and public facilities including airport and ship terminals and
train and bus stations, restaurants and conference halls, except for separate
smoking areas; and
6. Food preparation areas.
EXECUTIVE ORDER NO. 26, PROVIDING FOR THE ESTABLISHMENT OF SMOKE FREE
ENVIRONMENTS IN PUBLIC AND ENCLOSED PLACES (MAY 16, 2017)
Ø SECTION 3. Prohibited Acts – The following acts are declared unlawful and prohibited:
(1) Smoking within enclosed public places and public conveyances, whether
stationary or in motion, except in DSAs fully compliant with the requirements of
Section 4 of this Order.
(2) For person-in-charge to allow, abet or tolerate smoking in places
enumerated in the preceding paragraph, outside DSAs fully compliant with
Section 4 of this Order.
(3) For any person to sell, distribute or purchase tobacco products to and from
minors
(4) For a minor to smoke, sell or buy cigarettes or any other tobacco products
(5) Ordering, instructing or compelling a minor to use, light up, buy, sell distribute,
deliver, advertise or promote tobacco products
(6) Selling or distributing tobacco products in a school, public playground, youth
hostels and recreational facilities for minors including those frequented by minors
or within 100 meters from any point of the perimeter of these places
(7) Placing, posting displaying or distributing advertisement and promotional materials
of tobacco products, such as but not limited to leaflets, posters, display structures
and other materials within 100 meters from the perimeter of a school, public
Kyasurin Notes 23
NATURAL RESOURCES CY 2017-2018
MIDTERMS
playground and other facilities frequented particularly by minors, hostel and
recreational facilities for minors, including those frequented by them.
(8) Placing any form of tobacco advertisement outside of the premises of point-of-
sale retail establishment
(9) Placing any stall, booth and other displays concerning tobacco promotions to areas
outside the premises of point-of-sale locations or adult-only facilities
Kyasurin Notes 24
NATURAL RESOURCES CY 2017-2018
MIDTERMS
TECHNOLOGY DEVELOPERS INC. VS. COURT OF APPEALS, GR no. 94759 (January 21, 1991)
FACTS: Petitioner, a domestic private corporation engaged in the manufacture and export of charcoal briquette,
received a letter dated February16, 1989 from private respondent acting mayor Pablo N. Cruz, ordering the full cessation
of the operation of the petitioner’s plant located at Guyong Sta. Maria Bulacan until further order.
On April 6, 1989 without previous and reasonable notice upon petitioner, respondent acting mayor ordered the
Municipality’s station commander to padlock the premises of petitioner’s plant because of the noxious substances
coming out of the plant.
ISSUE: W/N the municipal mayor may order the closure of a coal plant? – YES.
HELD: While it is true that the matter of determining whether there is a pollution of the environment that requires control
if not prohibition of the operation of a business is essentially addressed to the then National Pollution Control
Commission of the Ministry of Human Settlements, now the Environmental Management Bureau of the DENR, it must
be recognized that the mayor of a town has as much responsibility to protect its inhabitants from pollution and by virtue
of his police power, he may deny the application for a permit to operate a business or otherwise close the same unless
appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the
emission in the operation of the business.
-- END--
Kyasurin Notes 25
NATURAL RESOURCES CY 2017-2018
MIDTERMS
RA 3931 (1964) An act Creating the National Water and Air Pollution Control Commission
PD 984 (1976) National Pollution Control Commission
EO 192 which reorganized Pollution Adjudication Board
DENR
Section 19. Pollution Adjudication Board.- There is hereby created a Pollution
Adjudication Board under the Office of the Secretary.
The Board shall assume the powers and functions of the Commission/
Commissioners of the National Pollution Control Commission with respect to the
adjudication of pollution cases under Republic Act 3931 and Presidential Decree
984, particularly with respect to Section 6 letters e, f, g, j, k and p of P.D. 984. The
Environmental Management Bureau shall serve as the Secretariat of the Board.
These powers and functions may be delegated to the regional officers of the
Department in accordance with rules and regulations to be promulgated by the
Board.
GENERAL JURISIDICTION
Ø It pertains to the PAB’s exclusive jurisdiction over the adjudication of all pollution cases,
and all other matters related thereto.
Ø This also includes the imposition of administrative sanctions.
SPECIFIC JURISDICTION
Ø Clean Air Act
o Actual exceedance of air quality standard or limitations
o Any order, rule or regulation issued by DENR with respect to such standard or
limitation
Kyasurin Notes 26
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Ø Clean Water Act
o Pollution cases based on exceedance of DENR effluent standards and other
prohibited act under Section 27 of the Clean Water Act- disposal of waste
material.
Ø PD 1586 or the establishment of Environmental Impact Statement System
Ø Ecological Solid Waste Management Act (RA 9003)
o Unauthorized transport and dumping into seawater solid waste.
Ø Toxic Substances and Hazardous Waste Act (RA 6969)
o Illegal transport or discharge of prohibited chemicals, substances or pollutants-
hospital waste
o Operating facilities that discharge hazardous substances into water bodies.
HELD: The SC held that it is the PAB which has jurisdiction over the matter because the issue on whether or not the
alleged pollution coming the pipeline is a “pollution case” which is well within the competent jurisdiction of the PAB and
technical expertise to determine the same.
The case was dismissed because there was no allegation that the fishermen exhausted all the administrative
remedies. They must first go to the PAB for the determination of the pollution and if it is already determined that the
natural gas pipeline caused the fish decline, then resort to courts thru action for damages will prosper.
ISSUE: Can the Fiscal charge a person with violation of pollution law prior to the determination of PAB?
HELD: It is our considered view that the Provincial Fiscal of Rizal lacked the authority to file the information charging
the petitioner with a violation of the provisions of RA No. 3931 there being no prior finding or determination by the
Commission that the act of the petitioner had caused pollution in any water or atmospheric air of the Philippines.
It is not be understood, however, that a fiscal or public prosecutor may not file an information for a violation
of the said law at all. He may do so if the Commission had made a finding or determination that the law or any of its
orders had been violated.
Kyasurin Notes 27
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Kyasurin Notes 28
NATURAL RESOURCES CY 2017-2018
MIDTERMS
o 15 days from receipt of notice
o Go to CA
o Questions of fact, of law, or mixed questions of fact and law
o Neypes Ruling applies
RULES OF EVIDENCE
Ø Section 3. Rules of Evidence.- In the conduct of hearings, the Board or Hearing Officer
shall not be bound by the technical rules of evidence under the Rules of Court
Kyasurin Notes 29
NATURAL RESOURCES CY 2017-2018
MIDTERMS
CEASE AND DESIST ORDER
Ø Section 1. Cease and Desist Order.- Whenever the Board finds prima facie evidence
that the emission or discharge of pollutants constitutes an immediate threat to life, public
health, safety or welfare, or to animal or plant life, or exceeds the allowable DENR
Standards, it may issue or recommend to the DENR Secretary an ex-parte order
directing the discontinuance of the same or the temporary suspension or cessation of
operation of the establishment or person generating such pollutants, without need of a
prior public hearing.
Ø It orders the temporary suspension and cessation of operation of the establishment or
person generating such pollutants.
Ø Immediately executory
Ø Remains in force until revoked by the PAB or the DENR Secretary
PAB VS CA
FACTS: On September 22, 1988, petitioner Board issued an ex parte Order directing Solar immediately to cease and desist
from utilizing its wastewater pollution source installations which were discharging untreated wastewater directly into a canal
leading to the adjacent Tullahan- Tinejeros River.
Solar contends that under the Boards own rules and regulations, an ex parte order may issue only if the effluents
discharged pose an “immediate threat to life, public health, safety or welfare, or to animal and plant life.” In the instant case,
according to Solar, the inspection reports before the Board made no finding that Solar’s wastewater discharged posed such a
threat.
HELD: From the foregoing reports, it is clear to this Court that there was at least prima facie evidence before the Board that
the effluents emanating from Solar’s plant exceeded the maximum allowable levels of physical and chemical substances set
by the NPCC and that accordingly there was adequate basis supporting the ex parte cease and desist order issued by the
Board.
PRIMA FACIE EVIDENCE=Presumption granted by law, it was incumbent upon solar to prove that there was a danger to life.
-- END--
Kyasurin Notes 30
NATURAL RESOURCES CY 2017-2018
MIDTERMS
GOVERNING LAW
Ø Section 1. Title.- This Act shall be known as the Philippine Mining Act of 1995.
o Enacted: March 3, 1995
DECLARATION OF POLICY
Ø Section 2. Declaration of policy.- all mineral resources in public and private lands
within the territory and exclusive economic zone of the Republic of the Philippines
are owned by the State. It shall be the responsibility of the State to promote their rational
exploration, development, utilization and conservation through the combined efforts of
government and the private sector in order to enhance national growth in a way that
effectively safeguards the environment and protect the rights of affected communities.
Kyasurin Notes 31
NATURAL RESOURCES CY 2017-2018
MIDTERMS
SCOPE OF THE ACT
Ø Section 15. Scope of Application.- This Act shall govern the exploration, development,
utilization and processing of all mineral resources
Ø EDU and processing of Mineral Resources
o “Mineral Processing”- means the milling, beneficiation or upgrading of ores or
minerals and rocks or by similar means to convert the same into marketable
products. [Section 3(y) of RA 7942]
OWNERSHIP OF MINERALS
Ø Section 4. Ownership of Mineral Resources.- Mineral resources are owned by the State
and the exploration, development, utilization, and processing thereof shall be under its full
control and supervision. The State may directly undertake such activities or it may enter
into mineral agreements with contractors.
Ø The State shall recognize and protect the rights of the indigenous cultural communities to
their ancestral lands as provided for by the Constitution.
Ø All mineral resources within private or public land, within 24nm from the baseline are
owned by the State.
Ø It echoes the concept of Jura Regalia, pursuant to which all lands of the public domain
belong to the state which is the source of any asserted right over the same.
Ø Jura Regalia does not only pertain to surface rights, it also applies to minerals found within
the bowels of the earth.
MINERALS RESERVATIONS
Ø Section 5. Mineral Reservations.- When the national interest so require, such as when
there is a need to preserve strategic raw materials for industries critical to national
development, or certain minerals for scientific, cultural or ecological value, the President
may establish mineral reservations upon the recommendation of the Director through the
Secretary.
Ø Mining operations in existing material reservations and such other reservations as may
thereafter be established, shall be undertaken by the Department or through a contractor.
Ø Mining operations in existing mineral reservations and such other reservations as may
thereafter be established, shall be undertaken by the Department or through a contractor.
Ø Government has 10% share in the royalties- go to MGB
Ø All submerged lands within the contiguous zone and in the exclusive economic zone
of the Philippines are hereby declared to be mineral reservations.
Ø Prerogative of the President of the Philippines thru the recommendation of the Secretary
of DENR to classify lands of the public domain.
Kyasurin Notes 32
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Ø Corollary thereto, under the Philippine Mining Act, the president is granted the power to
proclaim a mineral land as a mineral reservation regardless of whether such land is also
an existing forest reservation.
Cases in Point: PNOC vs Veneracion and Apex Mining vs Southeast Mindanao Gold Mining
APEX MINING VS SOUTHEAST MINDANAO GOLD MINING (GR No. 152613, June 13, 2006)
Even if the DENR Secretary is the alter- ego of the President under the Doctrine of Qualified
Political Agency, it is beyond the ambit if the DENR Secretary to withdraw lands from forest reserves
and declare the same as an area open for mining operations.
Kyasurin Notes 33
NATURAL RESOURCES CY 2017-2018
MIDTERMS
(20) Mining operation- means mining activities involving exploration, feasibility, development, utilization, and
processing.
(21) Offshore- means the water, sea bottom and subsurface from the shore or coastline reckoned from the mean low
tide level up to the two hundred nautical miles (200 n.m.) exclusive economic zone including the archipelagic sea and
contiguous zone.
(22) Onshore- means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and
creeks.
(23) Quarrying- means the process of extracting, removing and disposing quarry resources found on or underneath the
surface of private or public land.
(24) Quarry permit- means a document granted to a qualified person for the extraction and utilization of quarry resources
on public or private lands.
MINERS ASSOCIATION OF THE PHIL. VS FACTORAN (GR NO. 98332, JANUARY 16, 1995)
The Secretary of DENR is authorized to negotiate and conclude joint- venture, co- production,
production- sharing agreements for the exploration, development and utilization of mineral resources.
Kyasurin Notes 34
NATURAL RESOURCES CY 2017-2018
MIDTERMS
o The Department if the Interior and Local Government (DILG) and the LGUs are
hereby directed to ensure that the exercise of the latter’s powers and functions
is consistent with and conform to the regulations, decisions, and policies
already promulgated and taken by the National Government relating to the
conservation, management, development, and proper utilization of the
State’s mineral resources, particularly RA No. 7942 and its implementing rules
and regulations, while recognizing the need for social acceptance of proposed
mining projects and activities.
o LGUs shall confine themselves only to the imposition of reasonable
limitations on mining activities conducted within their respective territorial
jurisdictions that are consistent with national laws and regulations.
o LGUs, DENR, and the MGB working together shall strictly implement RA No, 7076,
to ensure the protection of the environment, address various issues in small- scale
mining and ensure that violators thereof are subjected to appropriate
administrative and criminal liability.
Kyasurin Notes 35
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Q. What are areas open to Mining operations
A. Section 18. Areas Open to Mining Operations.- Subject to any existing rights or
reservations and prior agreements of all parties, all mineral resources in public or private
lands, including timber or forestlands as defined in existing laws, shall be open to mineral
agreements of financial or technical assistance agreement applications. Any conflict that
may arise under this provision shall be heard and resolved by the panel of arbitrators.
o GR: All mineral resources in public or private lands including timber or forestlands
shall be open to mineral agreements of FTAA
o EXPN: Subject to existing rights or reservations and prior agreements of all parties
o In case of Conflict= jurisdiction falls under the Panel of Arbitrators
EXPLORATION PERMITS
Ø Section 20. Exploration Permit.- An exploration permit grants the right to conduct
exploration permit grants the right to conduct exploration for all minerals in specified areas.
The bureau shall have the authority to grant an exploration permit to a qualified person.
Q. What is exploration?
A. “Exploration” means the searching or prospecting for mineral resources by
geological, geochemical or geophysical surveys, remote sensing, test pitting, trending,
drilling, shaft sinking, tunneling, or any other means for the purpose of determining the
existence, extent, quantity and quality thereof and the feasibility of mining them for profit.
(Section 3, RA 7942)
o Exploration activities may be directly undertaken by the Department of in the event
the department cannot do so, any qualified person in specified areas as
determined by the Secretary.
Kyasurin Notes 36
NATURAL RESOURCES CY 2017-2018
MIDTERMS
o The conduct of mineral exploration by a qualified person in all areas open to mining
shall initially be undertaken through an exploration permit.
Ø In the case of Apex Mining vs Southeast Mindanao Gold Mining Corporation, it was held
that SEM has not acquired any right to the Diwalwal Gold Rush area because the transfer
of EP 133 was not with the prior approval of the DENR Secretary.
Kyasurin Notes 37
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Q. What are the rights of a Permit Holder (Section 23)
A. The permit holder, his heirs, successors-in-interest have the right to enter, occupy and
explore the area.
It may undertake exploration work on the area based on the approved work
program. It may apply for MPSA, JVA, Co-production or FTAA over the area.
Ø Term:
o Section 32. Terms.- Mineral agreements shall have a term not exceeding 25 years
to start from the date of execution thereof, and renewable for another term not
exceeding 25 years under the same terms and conditions thereof, without
prejudice to changes mutually agreed upon by the parties. After the renewal
period, the operation of the mine may be undertaken by the Government or through
a contractor. The contract for the operation of a mine shall be awarded to the
highest bidder in a public bidding after due publication of the notice thereof:
Kyasurin Notes 38
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Provided, that the contractor shall have the right to equal the highest bid upon
reimbursement of all reasonable expenses of the highest bidder.
Ø Different modes of Mineral Agreements
(1) Mineral production sharing agreement
- is an agreement where the Government grants to the contractor the exclusive
right to conduct mining operations within a contract are and shares in the gross
output. The contractor shall provide the financing, technology, management and
personnel necessary for the implementation of this agreement.
§ Mineral Production Sharing Agreement= Share in Gross Output
Government Qualified Person
Financing /
Technology /
Management /
Personnel /
Gross Output / /
Kyasurin Notes 39
NATURAL RESOURCES CY 2017-2018
MIDTERMS
EXPLORATION PERMIT VS MINERAL AGREEMENT
EXPLORATION PERMIT MINERAL PERMIT
Exploration only and does not include extraction Exploration and extraction
Wholly foreign owned corporations may be granted Corporations- 60% capital stock is owned by
exploration permit Filipinos
2 years (renewable; 4 yrs- non metallic; 6 yrs- 25 years renewable for another 25 years
metallic)
Must be registered within 15 days from notice Must be registered within 15 days from notice
Can be transferred with prior approval of DENR Can be transferred with approval of Secretary
Secretary
Ø Term of FTAA
o Section 38. Term of Financial or Technical Assistance Agreement.- A financial or
technical assistance agreement shall have a term not exceeding 25 years to
start from the execution thereof, renewable for not more than 25 years under
such terms and conditions as may be provided by law. (Philippine Mining Act of
1995, RA No. 7942 [March 3, 1995])
Kyasurin Notes 40
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Q. Can you withdraw from an FTAA? (Section 41)
A. Withdrawal is allowed.
Grounds: Mining project is no longer economically feasible, even after he has
exerted reasonable diligence to remedy the cause or the situation.
Q. Can a fully- foreign owned mining corporation extend more than mere financial or technical
assistant to the state? Under the FTAA, will it be allowed to manage and operate every aspect of
the mining activity? (La Bugal B’laan Case)
A. The SC declared unconstitutional the FTAA to WMCP for being similar to a service
contract. The FTAA in this case was akin to a service contract which is antithetical to the
concept of sovereignty over the natural resources to the prejudice of the Filipino Nation.
In the resolution of the MR, the SC upheld the entering into the FTAAs provided
that the state has full control over the mineral resources. The foreign assistor or contractor
assumes all the technical and financial risks hence it may be given reasonable
management to protect its investment. However, in all case, the STATE MUST HAVE
FULL CONTROL, CONTROL MEANING, it may enable the state to direct, restrain,
regulate and govern the affairs of the enterprises.
Kyasurin Notes 41
NATURAL RESOURCES CY 2017-2018
MIDTERMS
RIGHTS OF A LOCATOR TO A PERFECTED MINING CLAIM
Cases in Point: Yinlu Bicol Mining vs Trans- Asia Oil, and Atok Big Wedge vs IAC
YINLU BICOL MINING VS TRANS- ASIA OIL (GR No. 207942, January 12, 2015)
Mining rights acquired under the Philippine Bill of 1902 and prior to the effectivity of the 1935
Constitution were vested rights that cannot be impaired even by the government.
Kyasurin Notes 42
NATURAL RESOURCES CY 2017-2018
MIDTERMS
beds, pipelines, flumes, cuts, shafts, tunnels, or mills, the contractor, upon payment of just
compensation, shall be entitled to enter and occupy said mining areas or lands.
Ø Entry Into Private Land and Concession Areas (Section 76)
o Subject to prior notification, holders of mining rights shall not be prevented from
entry into private lands and concession areas by surface owners when conducting
mining operations therein.
o In case of damage to the property during the operations, there shall be proper
compensation. To guarantee the compensation, before undertaking the
operations, the contractors are required to post a bond with the RD.
Kyasurin Notes 43
NATURAL RESOURCES CY 2017-2018
MIDTERMS
Note: POLLUTION CASES
- Pollution as a result of mining activities fall under the jurisdiction of the
Pollution Adjudication Board and not the MAB.
PENAL PROVISIONS
Ø Section 102. Illegal Exploration.- Any person undertaking exploration work without the
necessary exploration permit shall, upon conviction, be penalized by fine of not exceeding
P50,000.00 (Philippine Mining Act of 1995, RA No. 7942, [March 3, 1995])
Ø Theft of Minerals (Section 103)
o Extract minerals and disposing the same without mining agreement, lease, permit,
license or steals minerals or ores from mines- imprisonment of 6 months to 6 years
or pay a fine from P10,000- P20,000, or both.
Ø Other Punishable Acts:
o Mines arson
o Willful damage to a mine
o Illegal obstruction to permittees or contractors
o Violation of the terms and conditions of the environmental compliance certificate
o Obstruction of government officials
GOVERNING LAW
• Section 1. Title. This Act small be known as the "People's Small-scale Mining Act of 1991
DECLARATION OF POLICY
• Section 2. Declaration of Policy. It is hereby declared the policy of the State to promote, develop,
Protect an rationalize viable small-scale mining activities in order to generate more employment opportunities and provide
a equitable sharing of the nation's wealth and natural resources, giving due regard to existing rights as herein provided.
DEFINITION OF TERMS
(3) Small-scale minIng contractor- refers to an individual or a cooperative of small-scale miners, registered with the
Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with
the State for the small-scale utilization of a plot of mineral land within a people's small-scale mining area;
Kyasurin Notes 44
NATURAL RESOURCES CY 2017-2018
MIDTERMS
(3) Small-scale mining contract- refers to co-production, joint venture or mineral production sharing agreement, between
the State and small-scale mining contractor for the small-scale utilization of a plot of mineral land;
(4) License- refers to the privileges granted to a person to legitimately pursue his occupation as a small-scale mill or
processor under this Act;
Q. IS THERE A SUBSTATIAL DISTINCTION BETWEEN THE MINERS COVERED BY RA 7076 WHO CAN EXTRACT
MUCH MORE THAN AS THEY CAN, AND THOSE COVERED UNDER 1899 WHO WERE IMPOSED AN EXTRACTION
LIMIT OF 50,000 MT?
A. The 50,000 MT applies also to small scale miners under RA 7076. There is no conflict between PD 1899 and RA 7076.
The DENR is mandated by law to regulate the country’s natural resources under EO 192. Both PD 1899 and RA 7076
delegated to the DENR Secretary the power to promulgate necessary implementing rules and regulations to give effect to
the said laws.
DMC 2007-07
• Imposing the annual production limit of 50, 000 MT to both small scale mining permits issued under PD 1899 and
RA 7076
DECLARATION OF POLICY
Declaration of People's Small-scale Mining Areas. - The Board is hereby authorized to declare and set aside people's
small-scale mining areas in sites onshore suitable for small-scale mining subject to review by the Secretary, immediately
giving priority to areas already occupied and actively mined by small-scale miners before August I, 1987; Provided, That
such areas are not considered as active mining areas; Provided further, That the minerals found therein are technically
and commercially suitable for small-scale mining activities: Provided, finally, That the areas are not covered by existing
forest rights or
Reservations and have not been declared as tourist or marine reserves, parks and wildlife reservations,
unless their status as such is withdrawn by competent authority.
GENERAL RULE:
No ancestral land may be declared as a people's small-scale mining area without the prior consent of the cultural
communities concerned: Provided, That, if ancestral lands are declared as people's small-scale mining areas, the
members of the cultural communities therein shall be given priority in the awarding of small-scale mining
contracts.
Kyasurin Notes 45
NATURAL RESOURCES CY 2017-2018
MIDTERMS
CONDITIONS:
• Miners have voluntarily organized and have been registered as an individual miner or cooperative
• Only one mining contract may be awarded at any one time within one year from the date of the award
EASEMENT RIGHTS
Upon the declaration of a people's small-scale mining area, the director, in. consultation with the operator, claimowner,
landowner or lessor of an affected area, shall determine the right of the small-scale miners to existing facilities such as
mining and logging roads, private roads, port and communication facilities, processing plant which are necessary for the
effective implementation of the People's Small-scale Mining Program, subject: to payment of reasonable fees to
theoperator, claimowner, landowner or lessor.
Q. WHAT ARE THE RIGHTS UNDER THE PEOPLES SMALL SCALE MINING CONTRACT
A. Section 12. Rights under a People's Small-scale Mining Contract - A people's small-scale mining contract entitles the
small-scale mining contractor to the right to mine, extract and dispose of mineral ores
for commercial purposes. In no case shall a small-scale mining contract be subcontracted, assigned or
otherwise transferred.
Kyasurin Notes 46
NATURAL RESOURCES CY 2017-2018
MIDTERMS
SALE OF GOLD
• All gold produce by small-scale miners in any mineral area shall be sold to the Central Bank, or its duly authorized
representatives, which shall buy it at prices competitive with those prevailing in the world market regardless of
volume or weight.
• The Central Bank shall establish as many buying stations in gold-rush areas to fully service the requirements of
the small-scale minerals thereat.
Kyasurin Notes 47
NATURAL RESOURCES CY 2017-2018
MIDTERMS
MAB’s jurisdiction covers the settlement of conflicts over mining claims, the Provincial Mining Regulatory Board (PMRB) —
created under Republic Act No. 7076 known as the People’s Small-Scale Mining Act of 1991 — granted powers that include
functions more executive in nature such as declaring and segregating areas for small-scale mining. It has the power to
declare gold-rich areas for small scale mining but under the direct supervision and control of the secretary.
Composition of the Provincial/City Board. - The Board shall be composed of the Department of Environment and Natural
Resources representative as Chairman; and the representative of the governor or city mayor, as the case may be, one
(1) small-scale mining representative, one ( I) big-scale mining representative, and the 'representative from a
nongovernment organization who shall come from an environmental group, as members.
Q. CAN THE DENR SECRETARY DECLARE INVALID AND CANCELLED THE SMALL-SCALE MINING PERMITS
ISSUED BY THE PROVINCIAL GOVERNOR AS A LEGITIMATE EXERCISE OF HIS POWER OF REVIEW UNDER RA
7076?
• Small scale mining is to be implemented by the DENR Secretary in coordination with other concerned local
government agencies. The LGC did not fully devolve the enforcement of the small scale mining law to the provincial
governmnet as its enforcement is subject to the supervisio , control, review of the Secretary of DENR.
• The SC uphold the decision of the DENR Secretary which declared invalid and cancelled the small-scale mining
permits issued by the provincial governor as a legitimate exercise of his power under RA 7076.
• Section 26. Administrative Supervision over the People's Small-scale Mining Program. – The Secretary through
his representative shall exercise direct supervision and control over the program and activities of the small-scale
miners within the people's small-scale mining area.
• The Secretary shall within ninety (90) days from the effectivity of this Act promulgate rules and regulations to
effectively implement the provisions of the same. Priority shall be given to such rules and regulations that will
ensure the least disruption in the operations of the small-scale miners.
-- END--
Kyasurin Notes 48