Natres Law - Rodriguez (2023)
Natres Law - Rodriguez (2023)
Natres Law - Rodriguez (2023)
The Carino Case recognized that IPs never lost ownership of their
lands (ancestral domains) evena after the Spaniards came to
claim the Philippines for the Spanish Crown.
NATIONAL GOVERNMENT
LOCAL GOVERNMENTS
● Provincial
● City and Municipal
● Barangay (or village)
EXECUTIVE BRANCH
● The Local Government Code of 1991 (RA
7160) sets the general powers and functions
of LGUs, including levying taxes, generating
other revenues and sharing in benefits from
the use of natural resources.
● Congress may delegate other powers and
functions to LGUs by special laws, such as
responsibilities to manage natural resources
and protect the environment.
● Local legislative councils (sanggunians) may
enact ordinances and resolutions consistent
with the powers and functions delegated by
Congress in the relevant national laws.
LEGISLATIVE BRANCH
● Legislature participates in ENR management in 2
significant ways: through the enactment of ENR
legislation and the enactment of appropriation
laws.
● Specific functions were also imposed under
certain ENR laws.
● A legislative enactment may be necessary to
establish a protected area under the NIPAS Act.
● Congressional oversight committees were
established under the Clean Air Act, Ecological
Solid Waste Management Act, and the Clean
Water Act.
● Local Councils exercise legislative functions
pursuant to delegated powers granted by
Congress.
JUDICIAL BRANCH
● The judiciary influences ENR
management through its power of
judicial review.
● Trial courts have jurisdiction over
criminal cases for offenses defined
under ENR laws.
● Meanwhile in Pollution and Mining
Cases, the MAB and the PAB of
DENR have exclusive original
jurisdiction, courts have appellate
jurisdiction.
JUDICIAL BRANCH
The two cases come in sharp contrast on how the Court sees as its
oversight role over the actions of executive agencies.
LOCAL DEVELOPMENT PLANNING
● LAND CLASSIFICATION
● DENR v. YAP, Et. Al.
○ Forest lands v. Forests
● LAND USE in FOREST
LANDS
LEGAL ANALYSIS
The code paved the way for a more protectionist laws subsequently enforced by
the government.
Wildlife and Biodiversity Conservation
Situationer