Natural Resources Law Class Notes Atty.

Victoria Velasquez Loanzon

24 May & 31 May 2020 Sections: 1E, 1F, 1G

SESSION #1: 24 MAY 2020, 3:00-6:00PM

Precautionary Principle
 Even if there is no adverse effect on human; it should always be on the side of prudence
(Sec 15, Art 2 of the Constitution)
 See BT Talong Case

Temporary Environmental Protection Order (TEPO)

 Issued ex parte, without notice.
 Within 72 hours, the Court may lift in; Court then will issue EPO.
 Exception to due process (no notice and hearing)

Issuance of Temporary Environmental Protection Order (TEPO)

 If it appears from the verified complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is of extreme urgency and the
applicant will suffer grave injustice and irreparable injury, the executive judge of the
multiple-sala court before raffle or the presiding judge of a single-sala court as the case
may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date
of the receipt of the TEPO by the party or person enjoined. Within said period, the court
where the case is assigned, shall conduct a summary hearing to determine whether the
TEPO may be extended until the termination of the case.
 The court where the case is assigned shall periodically monitor the existence of acts that
are the subject matter of the TEPO even if issued by the executive judge, and may lift the
same at any time as circumstances may warrant.
 The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.

Writ of Continuing Mandamus

 The Court in its exercise of its power, requires a tribunal, private companies to
 Ministerial duty. Generally, the writ of mandamus lies to require the execution of a
ministerial duty. A ministerial duty is one that "requires neither the exercise of
official discretion nor judgment." It connotes an act in which nothing is left to the
discretion of the person executing it. It is a "simple, definite duty arising under conditions
admitted or proved to exist and imposed by law." Mandamus is available to compel
action, when refused, on matters involving discretion, but not to direct the exercise of
judgment or discretion one way or the other.
 See MMDA v. Concerned Citizens of Manila Bay (di pwedeng linisin yung Manila Bay
ng 1 day, kaya naging continuing)

Citizen suit (cause of action)

 Any Filipino citizen in representation of others, including minors or generations yet
unborn, may file an action to enforce rights or obligations under environmental laws.
Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief
description of the cause of action and the reliefs prayed for, requiring all interested
parties to manifest their interest to intervene in the case within fifteen (15) days from
notice thereof. The plaintiff may publish the order once in a newspaper of a general
circulation in the Philippines or furnish all affected barangays copies of said order.
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

 Citizen suit. To further encourage the protection of the environment, the Rules enable
litigants enforcing environmental rights to file their cases as citizen suits. This provision
liberalizes standing for all cases filed enforcing environmental laws and collapses the
traditional rule on personal and direct interest, on the principle that humans are stewards
of nature. The terminology of the text reflects the doctrine first enunciated in Oposa v.
Factoran, insofar as it refers to minors and generations yet unborn.

Legal Standing

SLAPP
 Equivalent to motion to dismiss in environmental law
 Strategic lawsuit against public participation (SLAPP). – A legal action filed to harass,
vex, exert undue pressure or stifle any legal recourse that any person, institution or the
government has taken or may take in the enforcement of environmental laws, protection
of the environment or assertion of environmental rights shall be treated as a SLAPP and
shall be governed by these Rules.
 It refers to an action whether civil, criminal or administrative, brought against any person,
institution or any government agency or local government unit or its officials and
employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse
that such person, institution or government agency has taken or may take in the
enforcement of environmental laws, protection of the environment or assertion of
environmental rights.
 If the SLAPP suit is not successful, the hearing will continue

Writ of Kalikasan
 Injunction – permanent order to desist from performing that act.
 The writ is a remedy available to a natural or juridical person, entity authorized by law,
people’s organization, non-governmental organization, or any public interest group
accredited by or registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or threatened with
violation by an unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two or more cities or provinces.
 SC: The local government and the national government must have 1) proper
consultation and 2) approval: ORDINANCE approving the project.
 See West Tower Case and Boracay v. Province of Aklan

Civil Procedure
 NO imprisonment

Criminal Procedure
 There is imprisonment.

7 PRINCIPLES OF ENVIRONMENTAL LAW

Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

1. Sovereign Rights over Natural Resources: REGALIAN DOCTRINE

o Respect for sovereignty, jurisdiction of countries over natural resources.

2. Principle of Preventive Action

o Under this new rule, a state may be under the obligation to prevent damage within
its own jurisdiction." Therefore, the discharge of toxic substances in such
quantities or concentrations which exceed the capacity of the environment's
degradation capacity, must be halted in order to ensure that serious or irreversible

3. Principle of Cooperation

4. Sustainable Development
o Oposa doctrine: intergenerational responsibility
o Responsibility for the next generation; consume what is only good for them

5. Precautionary Principle
6. Polluter-Pays Principle

7. Principle of Common but Differentiated Responsibility

 Different countries have different capacities and different resources

CASES

Magallona v. Ermita
 National territory (maritime zone)

Arigo v. Swift
 Importance of coral reefs
o Shelter of marine animals
o Breeding place of marine animals
 US is liable for administrative damages
*oil deposits under water = Brunei, Malaysia, and Indonesia

PAJE v. Casiño

Environmental Clearance Certificate

 ECC issued by DENR under PD 1586 is NOT a final document. As soon as DENR issues
ECC, it goes to a periodic monitoring (Directing the respondent public official,
government agency, or private person or entity to make periodic reports on the execution
of the final judgment)

Environmental Compliance Certificate (ECC)

 Document issued by the DENR/EMB after a positive review of an ECC application,
certifying that based on the representations of the proponent, the proposed project or
undertaking will not cause significant negative environmental impact.
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

 The ECC also certifies that the proponent has complied with all the requirements of the
EIS System and has committed to implement its approved Environmental Management
Plan.
 The ECC contains specific measures and conditions that the project proponent has to
undertake before and during the operation of a project, and in some cases, during the
project's abandonment phase to mitigate identified environmental impacts.

LNL Archipelago v. Agham

 he did not issue the writ of kalikasan because it did not prove that the company cut the
mountain. The company: the products needed are exported, they’ll be brought to the
customs. Carpio resorted to Google and the company proves that DENR approved the
cutting of the trees. So there’s no reason for the private port to operate.

Ysmael Jr. v. Deputy Executive Secretary

 Timber licensing agreement is only a privilege and not a right; Ysmael cannot compel
the secretary to reinstate the license

Hernandez v. NAPOCOR
 The Court cannot issue a TRO. Hernandez is entitled to TRO.
 SC: Hernandez is entitled to TRO to stop the project of NAPOCOR because the right to
good health is far more important than the govt suing the project.

La Bugal-B’Laan case
***It is only the President that can sign an agreement with a 100% foreign owned company
for financial and technical assistance; it must be large scale exploration development and
utilization of minerals, oils, petroleum and other oil products.

Province of North Cotabato v. Republic

 Indigenous peoples are entitled to the ancestral lands that they have (ancestral domain)

Land of public domain – government-owned (under Regalian doctrine)

Ancestral domain – owned by indigenous people

Republic v. City of Davao

 All businesses must apply for ECC.
 Exemptions under 2 circumstances
o Project is NOT environmentally-critical (ex. basketball court)
o Project is NOT located in environmentally-critical area

Technology Developers v. CA
 Briskets are from diapers and sanitary napkins. So the community was affected. They
filed a written complaint from the mayor.
 SC: the supreme court sustained the mayor. They should follow the local govt. but if
there is a compliance to the national law, they should be evaluated.
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

MMDA v. JANCOM
 Article 1315 of the Civil Code, provides that a contract is perfected by mere consent.
Consent, on the other hand, is manifested by the meeting of the offer and the acceptance
upon the thing and the cause which are to constitute the contract (See Article 1319, Civil
Code). In the case at bar, the signing and execution of the contract by the parties clearly
show that, as between the parties, there was a concurrence of offer and acceptance with
respect to the material details of the contract, thereby giving rise to the perfection of the
contract. The execution and signing of the contract is not disputed by the parties. 
 [C]ontrary to petitioners’ insistence that there was no perfected contract, the meeting of
the offer and acceptance upon the thing and the cause, which are to constitute the contract
(Arts. 1315 and 1319, New Civil Code), is borne out by the records.
Metro Manila LGUs – 17
Can the LGUs bind? NO. There must first be an approval from the mayors.

Province of Rizal v. Executive Secretary

 Gov. Henares: Landfill on top of water shed (source of drinking water); the trash will
pollute the water source
 DENR: this is a national project, since the land is owned by the national gov’t
 SC: you cannot invoke that because of the constitutional mandate to right to good health;
stop the project; consult with province of Rizal to what extent will it affect the health of
the people

Aquino v. Municipality of Malay

 West Boracay cove on water shed is a no build zone
 Police power of local gov’t includes the order to demolish – quasi-judicial function

KOR v. DMCI
 There was no law that was violated
 It was the death wish of Rizal to see that sunshine/sunset of Manila Bay
 SC: there was no desecration since it was outside the perimeter/buffer zone

Mead v. Argel
 Concept of primary jurisdiction – there must first be exhaustion of administrative agency;
cannot take a case not yet resolved by administrative agency

Pollution Adjudication Board case

 It does not violate the due process clause
 SC: this matter involves the environment; you cannot delay the havoc that environmental
pollution can bring to us

Imbong v. Ochoa
 Right of the mother and unborn child

Chavez v. Public Estates Authority

 Nature of reclaimed lands of Manila Bay
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

o Land of public domain

o The president/congress may by law declare it alienable (dispose; sell); act or
proclamation by president
 Agreement in MOAD should be disclosed to public (same with Cotabato case)
 Relate with Boracay case (from 4 ha to 42 ha)

Manila Prince Hotel v. GSIS

 Part of historical cultural events/national economy and patrimony
 Supremacy of Constitution than bidding rules of GSIS

Aranda v. Republic
 The Property Registration Decree (P.D. No. 1529) provides for original registration of
land in an ordinary registration proceeding. Under Section 14(1) thereof, a petition may
be granted upon compliance with the following requisites: (a) that the property in
question is alienable and disposable land of the public domain; (b) that the applicants by
themselves or through their predecessors-in-interest have been in open, continuous,
exclusive and notorious possession and occupation; and (c) that such possession is under
a bona fide claim of ownership since 12 June 1945 or earlier.

 To be entitled to registration of public land for disposition/disposed government land)

o Continuous
o Open – alam ng mga kapitbahay
o Notorious – guamwa ng improvements/binago mo yung land
o Exclusive – to the exclusion of others

Mustang and PAAT cases

 Environmental laws are special penal laws
 Covered ng timber licensing agreement
 Action for Replevin – return of personal property

Secretary of DENR v. Yap

 Penned by Justice Ruben Reyes – no one is above the law
o Was found to prematurely release an en banc decision not yet approved; led to
indefinite suspension
o Reyes: all decisions of the SC regarding to land of public domain is final

Principle of exhaustion of administrative remedy

The doctrine of exhaustion of administrative remedies says that a person challenging an
agency decision must first pursue the agency's available remedies before seeking judicial
review.

Isagani Cruz case

 7-7 votation of SC justices. IPRA law is Constitutional
 The law enjoys the presumption of constitutionality
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

Joya v. PCGG
 Holding paintings and silverwares as part of cultural heritage
 SC: Not part of cultural heritage because they were made by foreigners; it should be
Filipino made

Mañosca v. CA (eminent domain case)

 He bought the birthplace of Felix Manalo – bagumbayan in Taguig
 Upheld the power of the gov’t to expropriate; INC is a unique religion

ONLY BAR question re: role of women

What is the role of women in the preservation of the environment?
 Right to reproduce (relate to Imbong v. Ochoa)

EMB – issuer of ECC

LGU QUESTIONS
Consultation
Approval by way of ordinance

ENVIRONMENTAL LAWS
1151 – Philippine Environmental Policy
https://lawphil.net/statutes/presdecs/pd1977/pd_1151_1977.html

1586 – https://www.lawphil.net/statutes/presdecs/pd1978/pd_1586_1978.html

IPRA Law
NIPAS Law
National Cave and Cave Resources

Principle that governs ecological solid waste

***Reduce, Reuse, Recycle

Toxic and Hazardous Waste Act

Sanitation Code

Republic Act No. 9175 – Chainsaw Act of 2002

1. This activity is strictly prohibited under Republic Act No. 9175 or the Chain Saw Act of
2002 which deals with the efforts of the State to pursue an aggressive forest protection
program to hamper illegal logging or unauthorized clearing of forests.
2. The law also laid down penal provisions governing selling, purchasing and possessing a
chain saw without a proper permit, unlawful importation or manufacturing of chain saw,
tampering of engine serial number, and actual unlawful use of chain saw.

Presidential Decree No. 705 – Revised Forestry Code

Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

1. Presidential Decree No. 705 otherwise known as the Revised Forestry Code of the
Philippines which revised the Presidential Decree No. 389 otherwise known as the
Forestry Reform Code of the Philippines.
2. This Act lays down the basic principles of forest management and conservation, makes
provision for the administration of forestry (Chapter I), the survey and classification of
lands for purposes of forestry (Chapter II), and the use of forest resources (Chapter III).
Republic Act No. 9003 – Ecological Solid Waste Management Act
1. The looming amount of solid waste being discharged by the garbage truck, which,
without taking second thought, reminds us of the provisions of Republic Act No. 9003 or
the Ecological Solid Waste Management Act of 2000.
2. This Act makes provision for the efficient solid waste management, for the volume
reduction of the waste, its environment friendly disposal, composting, recycling, reuse,
recovery, green charcoal process; for the collection, treatment and disposal in
environmentally sound solid waste management facilities whereas it shall be possible to
correctly dispose the proper segregation, collection, transport, storage, treatment and
disposal of solid waste.

Republic Act No. 9072 – National Caves and Cave Resources Management and Protection
Act
1. Republic Act No. 9072 or the National Caves and Cave Resources Management and
Protection Act promulgated on 8 April 2001.
2. This Act is essential when it comes to proper utilization of caves and cave resources for
scientific, educational, recreational, tourism and other purposes.

Republic Act No. 9513 – Renewable Energy Act of 2008

1. Republic Act No. 9513 otherwise known as Renewable Energy Act of 2008
2. This particular enactment of the Congress is indispensable in the exploration and
development of renewable energy resources through the adoption of sustainable energy
development strategies to reduce the country’s dependence on fossil fuels.
3. Accordingly, this Act established the framework for the accelerated development and
advancement of renewable energy resources, which is essential for the development and
utilization of renewable energy resources as tools to effectively prevent harmful
emission, thereby balancing the goals of economic growth and development with the
protection of health and the environment.

Republic Act No. 8550 – The Philippine Fisheries Code of 1998

1. Republic Act No. 8550 otherwise known as The Fisheries Code of 1998 which is leaned
towards the attainment of food security in response to changes in demographic trends for
fish, emerging trends in the trade of fish and other aquatic products in domestic and
international markets.
2. The Code makes provision for the management and conservation of fisheries and
aquaculture in the Philippines and the reconstitution or establishment of fisheries
institutions both at the national and local level.

Republic Act No. 8749 – Philippine Clean Air Act of 1999

1. Republic Act No. 8749 otherwise known as Philippine Clean Air Act of 1999.
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

2. The Act provides for the creation of a national program of air pollution management
focusing primarily on pollution prevention; for the promotion of mass media
communication in order to create social awareness and active participation in air quality
planning and monitoring.
3. This particular enactment of the Congress is inclined towards the recognition of the rights
of the people to a balanced and healthful ecology in accord with the rhythm and harmony
of nature; thus, primarily recognizing the right of the people to breathe clean air and
utilize and enjoy all natural resources according to the principles of sustainable
development.

Republic Act No. 8371 – The Indigenous Peoples Rights Act of 1997
1. Republic Act No. 8371 or "The Indigenous Peoples Rights Act of 1997.
2. This Act makes provision for the promotion and recognition of the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs), with a view to preserve their
culture, traditions and institutions and to ensure the equal protection and non-
discrimination of members.
3. Moreover, this Act is leaned towards the establishment of necessary mechanisms to
enforce and guarantee the realization of these rights, taking into consideration their
customs, traditions, values, beliefs, their rights to their ancestral domains.
4. Accordingly, this Act gives emphasis to the rights of these indigenous peoples to
ancestral domains which include: a) rights of ownership; b) right to develop land and
natural resources; c) right to stay in the territories; d) right in case of displacement; e)
right to regulate entry of migrants; f) right to safe and clean air and water; g) right to
claim parts of reservations; and h) right to resolve conflict.
5. This Act also outlines the right to self-governance and empowerment with the end view
of recognition of inherent rights of ICCs/IPs to self-governance and respects the integrity
of their values, practices and institutions, as well as the pursuit of their economic, social,
and cultural development.

Republic Act No. 7942 – Philippine Mining Act of 1995

1. Republic Act No. 7942 otherwise known as Philippine Mining Act of 1995.
2. All mineral resources in lands privately or publicly owned within the territory and
exclusive economic zone of the Republic of the Philippines are property of the State,
which shall promote and supervise for their rational exploration, development, utilization
and conservation while attentively safeguarding the environment and protecting the rights
of affected communities (as ancestral rights).
3. This Act makes provision for the exploration, development, utilization, and processing of
mineral resources, with a view to safeguard the environment and protect the rights of
affected communities.
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

SESSION #2: 31 MAY 2020, 1:00-3:00PM

Environmental law – NO DENIAL OFDUE PROCESS when a judge issues a TEPO

TEPO is good for 72 hours only

TEPO may be dissolved. If not dissolved, the judge will issue an EPO and will make a bond.

Civil trial and criminal trial – length of time of trial/period to resolve cases:

General Rule in Bill of Rights:

 Favorable to the accused;
 Longer period in criminal cases; shorter period in civil cases

In the issuance of Writ of Kalikasan (almost similar to Writ of Amparo, Write of Habeas Data) –
can be directly filed to Court of Appeals (any branch: Manila, Cebu, CDO City), or directly to
Supreme Court.

Writ of Kalikasan
Application of Principle of Precautionary Principle

Environmental Laws are SPECIAL LAWS

 General rules change
 There is presumption of guilt.
 Chainsaw law – good for two years
 Fisheries code – if blasting caps are found, it is presumed that one is actually dynamite
fishing

FISHERIES CODE
BFAR: Not all fishes are allowed to be caught. There are some classes of fish which may be
caught. There is a season to catch fish.

Tamban (fish) – not prolific during the cold season

Total ban of fishing during certain period:

QUESTION: Why is it that there are dead fishes near the sea shores during the hot season?
 Any change of temperature may cause either shortage of supply of oxygen under the sea.
 When summer winds are weak, the surface waters are warm, and there is reduced
mixing of oxygen from the surface to the bottom. This allows the low values of
oxygen at the bottom to persist and intensify , in effect, smothering much of
the sea life in the area.

Writ of Kalikasan
Natural Resources Law Class Notes Atty. Victoria Velasquez Loanzon
24 May & 31 May 2020 Sections: 1E, 1F, 1G

 Injunction – permanent order to desist from performing that act.

 The writ is a remedy available to a natural or juridical person, entity authorized by law,
people’s organization, non-governmental organization, or any public interest group
accredited by or registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or threatened with
violation by an unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two or more cities or provinces.
 SC: The local government and the national government must have
1) Proper consultation and
2) Approval: ORDINANCE approving the project.
 See West Tower Case and Boracay v. Province of Aklan

Environmental Compliance Certificate (ECC)

 Document issued by the DENR/EMB after a positive review of an ECC application,
certifying that based on the representations of the proponent, the proposed project or
undertaking will not cause significant negative environmental impact.
 The ECC also certifies that the proponent has complied with all the requirements of the
EIS System and has committed to implement its approved Environmental Management
Plan.
 The ECC contains specific measures and conditions that the project proponent has to
undertake before and during the operation of a project, and in some cases, during the
project's abandonment phase to mitigate identified environmental impacts.
 Not a one-time document.
 Subject to adjustments made on observations made by EMB.
 Periodic report

LEGAL MEDICINE/SANITATION CODE

Rigor Mortis is the stiffening of the body after death because of a loss of Adenosine
Triphosphate (ATP) from the body’s muscles. ATP is the substance that allows energy to flow to
the muscles and help them work and without this the muscles become stiff and inflexible.