envi summer 2015 finals reviewer

7/23/2019 Envi Summer 2015 Finals Reviewer

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ENVIRONMENTAL LAW (Ambassador Tolentino) SY 201!201" S#MMER

INTRO$#%TION

ENVIRONMENTAL LAW-has been defned as that seto legal rules addressed specifcally to activities whichpotentially aect the quality o the environment,whether natural or man-made. It consists ointernational and national laws relating to theprotection and enorcement o the environment andencompasses both hard law (i.e. internationaltreaties and national legislations) and soft law(i.e.guidelines, standards, etc.). Its elements are derivedrom sectoral subject areas (e.g., air, marine andinland water, soil, energy, biological diversity) and

functional tasks (e.g. environmental impactassessment, natural resources accounting,environmental auditing, etc.) !raig, "##").

#N&%% AN$ 'YOTO ROTO%OL

International $nvironmental %reaty that was producedat the &' !onerence on $nvironment andevelopment. It is aimed at %*+III' greenhousegas concentrations in the atmosphere at a level thatwould prevent intererence with climate system.

ince the &'/!!! entered into orce, the parties havebeen meeting annually in !onerences o the 0arties(!10) to assess progress in dealing with climatechange, and beginning in the mid-233#s, to negotiatethe 4yoto 0rotocol to establish legally bindingobligations or developed countries to reduce theirgreenhouse gas emissions.

&nder the !onvention, governments5

gather and share inormation on greenhouse

gas emissions, national policies and bestpractices6

launch national strategies or addressinggreenhouse gas emissions and adapting toe7pected impacts, including the provision ofnancial and technological support todeveloping countries 6

cooperate in preparing or adaptation to theimpacts o climate change

'EY ELEMENT parties should act to protect theclimate system on the basis o $8&*I%9 and in

accordance with their COMMON BUTDIFF!NTI"TD res#onsibilities and respectivecapabilities.

%he *rin+i*le o, %OMMON b-t $I&&ERENTIATE$res*onsibilitiesincludes " elements5 (Very important.Tinatanong ni Ambatol pag malapit na fnals. Tinanongdin sa fnal exam)

(2) !ommon responsibilities o parties to protectthe environment, parts o it, at the national,regional, and global levels

(") 'eed to ta:e into account the dierentcircumstances, particularly each party;scontribution to the problem and its ability toprevent, reduce, and control threat.


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responsible or producing pollution is responsible orpaying or the damage done to the natural environment.

'YOTO ROTO%OL ets emission targets or developed countries which are

binding under international law !ountries must meet their targets primarily through

national measures

ILIINE LAWS

RA 2 %LIMATE %AN3E A%TSe+tion 24Declaration o Policy.> It is the policy o the tate to

aord ull protection and the advancement o the right o the

people to a healthul ecology in accord with the rhythm and

harmony o nature. In this light, the tate has adopted the

0hilippine *genda "2 ramewor: which espouses sustainable

development, to ulfll human needs while maintaining the

quality o the natural environment or current and uture

generations.

%owards this end, the tate adopts the principle o

protecting the climate system or the beneft o human:ind, on

the basis o climate ?ustice or common but dierentiated

responsibilities and the 0recautionary 0rinciple to guide

decision-ma:ing in climate ris: management. *s a party to the

&nited 'ations /ramewor: !onvention on !limate !hange, the

tate adopts the ultimate ob?ective o the !onvention which is

the stabili@ation o greenhouse gas concentrations in the

atmosphere at a level that would prevent dangerous

anthropogenic intererence with the climate system which

should be achieved within a time rame suicient to allow

ecosystems to adapt naturally to climate change, to ensure that

ood production is not threatened and to enable economic

development to proceed in a sustainable manner.1awphil*s aparty to the Ayogo /ramewor: or *ction, the tate li:ewise

adopts the strategic goals in order to build national and local

resilience to climate change-related disasters.

Becogni@ing the vulnerability o the 0hilippine

archipelago and its local communities, particularly the poor,

women, and children, to potential dangerous consequences o

climate change such as rising seas, changing landscapes,

increasing requency andCor severity o droughts, fres, Doods

and storms, climate-related illnesses and diseases, damage toecosystems, biodiversity loss that aect the country;s

environment, culture, and economy, the tate shall cooperate

with the global community in the resolution o climate change

issues, including disaster ris: reduction. It shall be the policy o

the tate to en?oin the participation o national and local

governments, businesses, nongovernment organi@ations, local

communities and the public to prevent and reduce the adverse

impacts o climate change and, at the same time, ma7imi@e the

benefts o climate change. It shall also be the policy o the tate

to incorporate a gender-sensitive, pro-children and pro-poor

perspective in all climate change and renewable energy eorts,plans and programs. In view thereo, the tate shall strengthen,

integrate, consolidate and institutionali@e government initiatives

to achieve coordination in the implementation o plans and

programs to address climate change in the conte7t o sustainable

development.

/urther recogni@ing that climate change and disaster ris:

reduction are closely interrelated and eective disaster ris:

reduction will enhance climate change adaptive capacity, the

2AJDM Notes 2014 / Diato / L. Mendoza


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tate shall integrate disaster ris: reduction into climate change

programs and initiatives.

!ogni@ant o the need to ensure that national andsubnational government policies, plans, programs and pro?ects

are ounded upon sound environmental considerations and the

principle o sustainable development, it is hereby declared the

policy o the tate to systematically integrate the concept o

climate change in various phases o policy ormulation,

development plans, poverty reduction strategies and other

development tools and techniques by all agencies and

instrumentalities o the government

53reen.o-se 6ases (33)7reers to constituents o

the atmosphere that contribute to the greenhouse eect

including, but not limited to, carbon dio7ide, methane,

nitrous o7ide, hydroDuorocarbons, perDuorocarbons and

sulur he7aDuoride.

%he !ommission shall be an independent and autonomous

body and shall have the same status as that o a national

government agency. It shall be attached to the 1ice o

the 0resident.

Se+tion "4Composition o the Commission.> %he !ommission

shall be composed o the 0resident o the Bepublic o the

0hilippines who shall serve as the !hairperson, and three (E)

!ommissioners to be appointed by the 0resident, one o whom

shall serve as the Fice !hairperson o the !ommission.

RA 10121 N$RRM% 2010

* wor:ing group o various government, non-government,civil sector, and private sector organi@ations o the0hilippines. It is under the epartment o 'ationaleense. T.e %o-n+il is res*onsible ,or ens-rin6 t.e*rote+tion and 8el,are o, t.e *eo*le d-rin6disasters9emer6en+ies4

Se+tion "4National Disaster is! ed"ction and #anagementCo"ncil.- %he present 'ational isaster !oordinating !ouncil or'!! shall henceorth be :nown as the 'ational isaster Bis:Beduction and =anagement !ouncil, hereinater reerred to asthe 'BB=! or the 'ational !ouncil.

%he 'ational !ouncil shall be headed by the ecretaryo the epartment o 'ational eense (') as !hairpersonwith the ecretary o the epartment o the Interior and ocalovernment (I) as Fice !hairperson or isaster0reparedness, the ecretary o the epartment o ocial

Gelare and evelopment (G) as Fice !hairpersonor isaster Besponse, the ecretary o the epartment ocience and %echnology (1%) as Fice !hairperson orisaster 0revention and =itigation, and the irector-eneral o

the 'ational $conomic and evelopment *uthority ('$*) asFice !hairperson or isaster Behabilitation and Becovery.

1verview o the councils power5 Se+tion :4Powers and$"nctions o the ND#C.- %he 'ational !ouncil, beingempowered with policy-ma:ing, coordination, integration,supervision, monitoring and evaluation unctions

Se+tion 4A"thority o the ND#C Chairperson.- %he!hairperson o the 'BB=! may call upon otherinstrumentalities or entities o the government andnongovernment and civic organi@ations or assistance In terms



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o the use o their acilities and resources or the protection andpreservation o lie and properties in the whole range o disasterris: reduction and management. %his authority includes thepower to call on the reserve orce as defned in Bepublic *ct 'o.

H#HH to assist in relie and rescue during disasters or calamities.

Se+tion ;4The %&ice o Ci'il Deense.- %he 1ice o !ivileense (1!) shall have the primary mission o administeringa comprehensive national civil deense and disaster ris:reduction and management program by providing leadership inthe continuous development o strategic and systematicapproaches as well as measures to reduce the vulnerabilitiesand ris:s to ha@ards and manage the consequences o disasters.

Se+tion 1


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climate change and global warming such as increasing

temperatures, rising seas, changing landscapes, increasing

requency andCor severity o droughts, fre, Doods and storms,

climate-related illnesses and diseases, damage to ecosystems,biodiversity loss that aect the country;s environment, culture,

and economy, the tate shall cooperate with the global

community in the resolution o climate change issues, including

disaster ris: reduction. It shall be the policy o the tate to

en?oin the participation o national and local governments,

businesses, nongovernment organi@ations, local communities

and the public to prevent and reduce the adverse impacts o

climate change and, at the same time, ma7imi@e the potential

benefts o climate change. It shall also be the policy o the tate

to incorporate a gender-sensitive, pro-children and pro-poor

perspective in all climate change and renewable energy eorts,

plans and programs. In view thereo, the tate shall strengthen,

integrate, consolidate and institutionali@e government initiatives

to achieve coordination in the implementation o plans and

programs to address climate change in the contest o sustainable

development.

/urther recogni@ing that climate change and disaster ris:

reduction and management are closely interrelated and eectivedisaster ris: reduction and management will enhance adaptive

capacity to climate change, climate variability and e7treme

climate events, the tate shall integrate disaster ris: reduction

into climate change programs and initiatives.

!ogni@ant o the need to ensure that national and sub-

national government policies, plans, programs and pro?ects are

ounded upon sound environmental considerations and the

principle o sustainable development, it is hereby declared the

policy o the tate to systematically integrate the concept o

climate change in various phases o policy ormulation,development plans, poverty reduction strategies and other

development tools and techniques by all agencies and

instrumentalities o the government.J

5SE%4 4 Creation of the Cli&ate Chan'e Co&&ission(>

%here is hereby established a !limate !hange !ommission,

hereinater reerred to as the !ommission.

%hu !ommission shall be an independent and autonomous body

and shall have the same status as that o a national government

agency. It shall be attached to the 1ice o the 0resident.

%he !ommission shall be the lead policy-ma:ing body o

the government, which shall be tas:ed to coordinate, monitor

and evaluate the programs and action plans o the government in

order to ensure the mainstreaming o climate change into the

national, sectoral and local development plans and programs

pursuant to the provisions o this *ct.

KSE%4 "4 Coosition of the Co&&ission(> %he !ommission

shall be composed o the 0resident, o the Bepublic o the

0hilippines who shall serve as the !hairperson, and three (E)

!ommissioners to be appointed by the 0resident, one o whom

shall be appointed as Fice !hairperson o the !ommission.



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5SE%4 1;4 Creation of the $eo#le)s *ur+i+al Fund(> *

0eople;s urvival /und (0/) is hereby established as a special

und in the 'ational %reasury or the fnancing o adaptation

programs and pro?ects based on the 'ational trategic/ramewor:.J (according to Amb. Tolentino this is merely

s"ppletory to other climate change programs+

5SE%4 14 So-r+es of the Fund 1ne billion pesos

(02,###,###,###.##) shall be appropriated under the eneral

*ppropriations *ct (**) as opening balance o the 0/L

balance o the 0/ including the amount appropriated in the

** which shall orm part o the und shall not revert to thegeneral und

SE%4 214 The $eo#le)s *ur+i+al Fund Board(> %here is

hereby created a 0eople;s urvival /und +oard, hereinater

reerred to as the 0/ +oard, which shall be lodged under the

!ommission

5SE%4 24$rioriti,ation of Fund "llocation( ,

The !ommission shall develop criteria to prioriti@e use o the

und based on, but not. limited to, the ollowing5

(a) evel o ris: and vulnerability to climate change6

(b) 0articipation o aected communities in the design o the

pro?ect6

(c) 0overty reduction potential6

(d) !ost eectiveness and attainability o the proposal6

(e) Identifcation o potential co-benefts e7tending beyond

& territory6

() =a7imi@ation o multi-sectoral or cross-sectoral benefts6

(g) Besponsiveness to gender-dierentiated vulnerabilities6

and

(h) *vailability o climate change adaptation action plan.J

5SE%42"4 Co&&unit% $artici#ation(> %o ensure transparency

and participation o vulnerable and marginali@ed groups in theadaptation pro?ects to be supported by the und, community

representatives andCor '1 counterparts may participate as

observers in the pro?ect identifcation, monitoring and evaluation

process o the !ommission.J

>IOEL A%T

%he act mandates the government to reduce the country;s

dependence on imported uels, to phase out the use o

harmul gasoline additives, to rather use biouels, and to

create an incentive scheme. Gith the creation o a

'ational +iouel +oard ('++), it shall monitor the +iouel

0rogram and ensure the suicient supply o sugar to meet

the domestic demands



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Im*lementin6 a6en+/

=ain agency5 epartment o $nergy

upporting agencyCagencies5 epartment o

$nvironment and 'atural Besources ($'B),epartment o abor and $mployment (1$),epartment o /inance (1/), epartment ocience and %echnology (1%), epartment o%rade and Industry (%I), epartent o *griculture(1*), 'ational +iouel +oard, +ureau o InternalBevenue (+IB), the +ureau o !ustoms (+1!), the0hilippine !ouncil or Industry and $nergyBesearch and evelopment (0!I$B), and localgovernment units (&s)

law was legislated to develop and utili@e renewableenergy, to mitigate to7ic and greenhouse gas eects, to

decrease the country;s dependence on imported uel and

to increase rural employment and income.

It mandated the incorporation o 2M biodiesel in diesel

and NM bioethanol in gasoline by "##3.

$!*B*%I1' 1/ 01I!95 L.reduce dependence on

imported uels with due regard to the protection o public

health, the environment, and natural ecosystems

consistent with the country;s sustainable economic

growth that would e7pand opportunities or livelihood by

mandating the use o biouels. as a measure to5 a) develop

and utili@e indigenous renewable and sustainably-sourced

clean energy sources to reduce dependence on imported

oil6 b) mitigate to7ic and greenhouse gas (A)

emissions6 c) increase rural employment and income6 and

d) ensure the availability o alternative and renewable

clean energy without any detriment to the natural

ecosystem, biodiversity and ood reserves o the country.

$/I'I%I1' 1/ %$B=

c) +ioethanol - shall reer to ethanol (!O1w)

produced

d) +iodiesel - shall reer to /atty *cid =ethyl $ster

(/*=$) or mono-al:yl esters derived rom

vegetable oils or animal ats and other biomass-

derived oils that shall be technically proven andapproved by the 1$ or use in diesel engines,

with quality specifcations in accordance with the

0hilippine 'ational tandards (0')6 E

e) +ioethmol /uel - shall reer to hydrous or

anhydrous bioethanol suitably denatured or use

as motor uel, with quality specifcations in

accordance with the 0'6

) +iouel - shall reer to bioethanol and biodieseland other uels made rom biomass and primarily

used or motive, thermal and power generation,

with quality specifcations in accordance with the

0'6

g) +iomass - shall reer to any organic matter,

particularly cellulosic or ligno-cellulosic matter,

which is available on a renewable or recurring

basis, including trees, crops and associated



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residues, plant fber, poultry litter and other

animal wastes, industrial wastes, and the

biodegradable component o solid waste6

$!. P. 0hasing 1ut o the &se o Aarmul asoline

*dditives andCor 17ygenates. - Githin si7 months rom the

eectivity o this *ct

Incentive cheme5 specifc ta7, F*%, e7empt rom

wastewater charges, fnancial assistance

0rimary *gency5 epartment o $nergy

$!. 2". 0rohibited *cts. - %he ollowing acts shall be

prohibited

a) iversion o biouels, whether locally

produced or imported, to purposes other

than those envisioned in this *ct6

b) ale o biouel-blended gasoline or diesel

that ails to comply with the minimum

biouel-blend by volume in violation o the

requirement under ection N o this *ct6

c) ishibution, sale and use o automotive

uel containing harmul additives such as,

but not limited to, =%+$ at such

concentration e7ceeding the limits to be

determined by the '++

d) 'oncompliancewith the establishedguidelines o the 0' and 1$ adopted or

the implementation o this *ct6 and

e) /alse labeling o gasoline, diesel, biouels

and biouelblended gasoline and diesel.

SOVEREI3NTY OVER NAT#RAL

RESO#R%ES %AN3E O& %ON%ET OR

%AN3E O& ER%ETION (>E$ANREVIEW VOL4 1 ALA>AN3)(B$* /& %$Q%)%a:e 'ote o the ollowing

2. !hange in the concept o overeignty". 0ermanent overeignty 1ver 'atural ocietyRE. %ransboundary 'atural BesourcesP. $quitable &tili@ation > that states are entitled to a

reasonable and equitable share in the benefcial uses o

transboundary natural resources. 'o use or category is

inherently superior to any other use or category o use

N. hould we rela7 the concept o sovereigntyR GhyRS. Ghy toward human:ind > oriented rom state- oriented

lawsRH. /unctional overeignty

ENVIRONMENTAL 3OVERNAN%E

S#STAINA>LE $EVELOMENT

TOR#3 ENVIRONMENTAL LAW



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(>E$AN LAW ?O#RNAL@ MAR% 2010

A3E 1

(B$* /& %$Q%) S#STAINA>LE $EVELOMENT(Tagalog- i!as/

!ayang pag/"nlad)-oten equated with Kdevelopmentwithout destruction.J It is optimal development withminimal destruction. In short, 58ise -se7o theenvironment. +y wise use is meant sustainableutili@ation or the beneft o man:ind in a waycompatible with the maintenance o the naturalelements o the ecosystem. It is, in other words, aorward-loo:ing development.

T.in6s to tae note o,

14 W.at is EnBironmental La8C24 Ghat is the role o man in the environmentR >

custodianL.


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uch a right as hereinater e7pounded considers the Krhythmand harmony o nature.J 'ature means the created world in itsentirety. uch rhythm and harmony indispensably include, interalia, the ?udicious disposition, utili@ation, management, renewal,and conservation o the country;s orest, mineral, land, waters,fsheries, wildlie, o-shore areas, and other natural resources tothe end that their e7ploration, development, and utili@ation beequitably accessible to the present as well as uture generations.

$very generation has a responsibility to the ne7t to preserve thatrhythm and harmony or the /& $'T19=$'% o a balancedand healthul ecology. %he minors; assertion o their right to asound environment constitutes, at the same time, theperormance o their obligation to ensure the protection o thatright or the generations to come.

(2) NO4 %he !ourt does not agree with the trial court;sconclusions that the plaintis ailed to allege with suicientdefniteness a specifc legal right involved or a specifc legalwrong committed, and that the complaint is replete with vagueassumptions and conclusions based on unverifed data.

%he complaint ocuses on one specifc undamental legal rightUthe RI3T TO A >ALAN%E$ AN$ EALTL E%OLO3Ywhich is solemnly incorporated in undamental law. Ghile saidright is to be ound under the eclaration o 0rinciples and tate0olicies, it does not ollow that it is less important than any civil

political rights.

%he right to a balanced and healthul ecology carries with it thecorrelative right to rerain rom impairing the environment.

ENVIRONMENTAL ROVISIONS O& 1;

%ONSTIT#TION

Se+4 1:D Art4 II5 %he tate shall protect and advancethe right o the people to a balanced and healthulecology in accord with the rhythm and harmony o

nature. Se+4 2 (2)D Art4 II %he tate shall protect the

nation;s marine wealth in its archipelagic waters,territorial sea, and e7clusive economic @one, andreserve its use and en?oyment e7clusively to /ilipinociti@ens.

Se+4"D Art4 II%he tate, sub?ect to the provisions othis !onstitution and national development policiesand programs, shall protect the rights o indigenouscultural communities to their ancestral lands toensure their economic, social, and cultural well-being.

%he !ongress may provide or the applicability o

customary laws governing property rights or relationsin determining the ownership and e7tent o ancestraldomain. 0Note- ndigeno"s peoples2 traditionalecological !nowledge is an integral part o"nderstanding the en'ironment+.

ROLE O& 3OVERNMENTAL

INSTIT#TIONS IN ENVIRONMENTAL

A$MINISTRATION

$e*artment o, ealt. ($O)o Aas environmental health programs. %hese concerns

0B$F$'%I' I'$ through managing theenvironment. %hese are primarily concerned with eectso the environment to health o people.

o Issues environmental sanitation clearance

$e*artment o, A6ri+-lt-re ($A)



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o $7ecutive branch responsible or the promotion oagriculture and fsheries development and growth.

o $mphasi@es on the productivity and sustainability in the

use o agricultural resources.o Beports on areas where marine lie has to be restored.o $7tends assistance to & in developing fsheries.

$e*artment o, Ed-+ation ($e*Ed)o epartment responsible or ensuring access to,

promoting equity in, and improving the quality o basiceducation.

o Integrates environmental education in schools; curricula(e.g. environmental laws concepts and principles), thuspromoting environmental awareness.

o Integrates lessons in pollution prevention, waste

management, environmental protection etc.

$e*artment o, To-rismo epartment responsible or the regulation o 0hilippine

tourism industry and promotion o the 0hilippines as atourist destination.

o *ssumes prominent role in developing KresponsibletourismJ thereby ensuring protection, preservation, andpromotion o resources.

o 0romotes tourism industry that is ecologicallysustainable.

$e*artment o, -bli+ Wors and i6.8a/s ($W)o epartment responsible or the saety o pro?ects in the

feld o public wor:s. It is also responsible or themaintenance o 0hilippine road networ: and irrigationsystem.

o Besponsible or removal and demolition o structuresobstructing ree Dow o water.

o Integrates environmental and social concerns into roadand inrastructure development pro?ects.

o &tili@es $nvironmental Impact *ssessment in its pro?ects.

.ili**ine National oli+e (N)o $norces laws involving agriculture, environment, and

natural resources.o *pprehends violators o environmental laws.

$e*artment o, Interior and Lo+al 3oBernment ($IL3)o Improves perormance o local governments in

governance, administrative, social, and economicdevelopment and $'FIB1'=$'%* =*'*$=$'%(e.g. It may order &s to determine i they have properwastewater treatment acilities).

.ili**ine Atmos*.eri+ 3eo*./si+al and Astronomi+alSerBi+es Administration (A3ASA)4

o overnment agency or weather orecasting, Dood

control, astronomical observations, and time service.o =aintains '*%I1'GI$ '$%G1B4 pertaining to

observation and orecasting o weather and otherclimatological conditions aecting national saety,welare, and economy.

o &nderta:es researches on the structure, development,and motion o typhoons and ormulates measures or theirmoderation.

o =aintains eective lin:ages with scientifc organi@ationhere and abroad, and promotes e7change o scientifcinormation and cooperation among personnel engaged inatmospheric, geological, and astronomical studies.

$ENR AN$ IT=S >#REA#S$'B5 Beorgani@ed under $1 23"

0*+ is under the 1ice o the president

*pplicable5 octrine o $7haustion

(1) E+os/stems Resear+. and $eBelo*ment >-rea--principal research and development (B O ) unit o



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$'B. Its B O and e7tension activities are ocused onthe N ma?or ecosystems o the 0hilippines which includeorests, upland arms, grassland and degraded areas,coastal @one and reshwater, and urban areas.

(2) EnBironmental Mana6ement >-rea- (EM>)- theprimary government agency under the epartment o$nvironment and 'atural Besources to ormulate,integrate, coordinate, supervise and implement allpolicies, programs, pro?ects and activities relative to theprevention and control o pollution as well as themanagement and enhancement o environment (e.g. It ismainly responsible or the implementation andenorcement o B* VHP3 (0hil !lean *ir *ct o 2333).

(-rea- (&M>)- providessupport or the eective protection, development,occupancy management, and conservation o /1B$%*' and G*%$BA$.

() Land Mana6ement >-rea- (LM>)! *s per$7ecutive 1rder 23", =+ shall *FI$ the ecretary onmatters pertaining to rational land classifcation,management, and disposition.

It is an agency o the 0hilippine government under theepartment o $nvironment and 'atural Besources

responsible or administering, surveying, managing, anddisposing *lienable and isposable (*O) lands andother government lands not placed under the ?urisdictiono other government agencies.

(") Mines and 3eos+ien+es >-rea- (M3>)-government agency responsible or the conservation,management, development, and proper use o thecountry;s mineral resources including those inreservations and lands o public domains.

(:) rote+tiBe Areas and Wildli,e >-rea- (AW>)-%he +ureau shall have the ollowing unctions5

/ormulate and recommend policies, guidelines,rules and regulations or the establishment andmanagement o an Integrated 0rotected *reasystems such as national par:s, wildliesanctuaries and reuge, marine par:s, andbiospheric reserves6

/ormulate an up-to-date listing o endangered0hilippine Dora and auna and recommend aprogram o conservation and propagation othe same6

*ssist the ecretary in the monitoring andassessment o the management o the

Integrated 0rotected *reas ystem and providetechnical assistance to the regional oices inthe implementation o programs or theseareas6

/ormulate and recommend policies, guidelines,rules and regulations or the preservation obiological diversity, genetic resources, theendangered 0hilippine Dora and auna6

0erorm other unctions as may be assigned bythe ecretary andCor provided by law.

OLL#TION A$?#$I%ATORY >OAR$

%he 0ollution *d?udication +oard (0*+) is a quasi-?udicial bodycreated under ection 23 o $7ecutive 1rder ($.1.) 23" or thead?udication o pollution cases.

It is created under the 1ice o the ecretary. %he +oard shall becomposed o the ecretary as the !hairman, %wo (")&ndersecretaries as may be designated by the ecretary, the



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irector o the $nvironmental =anagement +ureau ($=+), the%hree (E) others to be designated by the ecretary as members.%he +oard shall assume the powers and unctions o the!ommissionC !ommissioners o the 'ational 0ollution !ontrol!ommission ('0!!) with respect to the ad?udication o pollutioncases under Bepublic *ct E3E2 and 0residential ecree 3VP.

%he 0*+ is organi@ationally under the supervision o the 1ice othe ecretary o the epartment o $nvironment and 'aturalBesources (the $'B) with ecretariat support provided by the$nvironmental =anagement +ureau ($=+).

0ower and unction maybe delegated to the $'B Begional1icers in accordance with rules and regulations o the +oard.

RA ;"0 AN A%T %REATIN3 TE LA3#NA

LA'E $EVELOMENT A#TORITY

%he * was organi@ed by virtue o Bepublic *ct 'o.PVN# as a quasi-government agency with regulatory andproprietary unctions. %hrough 0residential ecree V2E in23HN, and $7ecutive 1rder 3"H in 23VE, its powers andunctions were urther strengthened to include

environmental protection and ?urisdiction over the la:ebasin;s surace water. In 233E, through $7ecutive 1rder2P3, the administrative supervision over * wastranserred rom the 1ice o the 0resident to theepartment o $nvironment and 'atural Besources($'B).

* has ?urisdiction over the ollowing townsCcities he ?urisdiction and scope o authority o aguna

a:e evelopment *uthority comprises the townso Bi@al and aguna 0rovinces, towns o ilang,

eneral =ariano *lvare@, !armona, %agaytay !ityin !avite, ucban, 8ue@on, !ity o %anauan, townso to. %omas and =alvar in +atangas, !ities o=ari:ina, 0asig, %aguig, =untinlupa, 0asay,!aloocan, 8ue@on and town o 0ateros in =etro=anila.

S*e+ial o8ers and &-n+tions2) %o ma:e a comprehensive survey o the physical and

natural resources and potentialities o the aguna a:eregion particularly its social and economic conditions,hydrologic characteristics, power potentials, scenic andtourist spots, regional problems, and on the basis thereo,to drat a comprehensive and detailed plan designed toconserve and utili@e optimally the resources within theregion particularly aguna de +ay to promote the regionsrapid social and economic development and uponapproval by the 'ational $conomic and evelopment*uthority ('$*) +oard o such plan, to implement thesame including pro?ects in line with said plan5 0rovided,%hat implementation o all fsheries plans and programso the authority shall require prior consensus o the+ureau o /isheries and *quatic Besources to ensure thatsuch plans and programs are consistent with the nationalfsheries plans and programs. /or the purpose o saidsurvey, public agencies shall submit and private entitiesshall provide necessary data e7cept such data which

under e7isting laws are deemed inviolable.

") %o provide the machinery or e7tending the necessaryplanning, management and technical assistance toprospective and e7isting investors in the region6

E) %o ma:e recommendation to the proper agencies on thepeso or dollar fnancing, technical support, physicalassistance and, generally, the level o priority to beaccorded agricultural, industrial and commercial pro?ects,soliciting or requiring direct help rom or through thegovernment or any o its instrumentalities6



14/72


15/72


%hat such amount as may be necessary or the purpose ishereby authori@ed to be appropriated out o the unds othe 'ational %reasury not otherwise appropriated.

H) %o ma:e an annual report to the stoc:holders regardingthe operation o the *uthority more particularly astatement o its fnancial conditions, activitiesunderta:en, progress o pro?ects and programs and planso actions or the incoming years5 0rovided, however, %hata ma?ority o the stoc:holders may require the *uthorityto submit report or reports other than the annual reportherein required, which report must be submitted within aperiod o thirty (E#) days rom notice thereo6

V) %o lend or acilitate the e7tension o fnancial assistanceandCor act as surety or guarantor to worthwhileagricultural, industrial and commercial enterprises6

3) %o reclaim or cause to the reclaimed portions o the a:eor underta:e reclamation pro?ects andCor acquire suchbodies o land rom the la:e which may be necessary toaccomplish the aims and purposes o the *uthoritysub?ect to the approval o the '$* +oard5 0rovided,%hat the land so reclaimed shall be the property o the*uthority and title thereto shall be vested in the*uthority5 0rovided, urther, %hat the resulting la:e shoreshall continue to be owned by the national government.

2#)%he provisions o e7isting laws to the contrarynotwithstanding, to engage in fsh production and otheraqua-culture pro?ects in aguna de +ay and other bodieso water within its ?urisdiction and in pursuance thereoto conduct studies and ma:e e7periments, whenevernecessary, with the collaboration and assistance o the+ureau o /isheries and *quatic Besources, with the endin view o improving present techniques and practice.0rovided, %hat until modifed, altered or amended by theprocedure provided in the ollowing sub-paragraph, thepresent laws, rules and permits or authori@ations remainin orce6

22)/or the purpose o eectively regulating and monitoring

activities in aguna de +ay, the *uthority shall have

e7clusive ?urisdiction to issue new permit or the use othe la:e waters or any pro?ects or activities in or

aecting the said la:e including navigation, construction,

and operation o fshpens, fsh enclosures, fsh corrals and

the li:e, and to impose necessary saeguards or la:e

quality control and management and to collect necessary

ees or said activities and pro?ects5 0rovided, %hat the

ees collected or fsheries may be shared between the

*uthority and other government agencies and political

sub-divisions in such proportion as may be determined by

the 0resident o the 0hilippine upon recommendation o

the *uthoritys +oard5 0rovided, urther, %hat the*uthoritys +oard may determine new areas o fsheries

development or activities which it may place under the

supervision o the +ureau o /isheries and *quatic ta:ing

into account the overall development plans and programs

or aguna de +ay and related bodies o water5 0rovided,

fnally, %hat the *uthority shall sub?ect to the approval o

the 0resident o the 0hilippines promulgate such rules

and regulations which shall govern fsheries development

activities in aguna de +ay which shall ta:e into

consideration among others the ollowing5 socioeconomicamelioration o bonafde resident fsherman whether

individually or collectively in the orm o cooperatives,

la:eshore town development, a master plan or fshpen

construction and operation, communal fshing ground or

la:eshore town residents, and preerence to la:eshore

town residents in hiring laborers or fshery pro?ects.

2")%o require the cities and municipalities embraced withinthe region to pass appropriate @oning ordinances andother regulatory measures necessary to carry out the



16/72


ob?ectives o the *uthority and enorce the same with theassistance o the *uthority.

2E)%he provisions o e7isting laws to the contrarynotwithstanding, to e7ercise water rights over publicwaters within the aguna de +ay region whenevernecessary to carry out the *uthoritys pro?ects6

2P)%o act in coordination with e7isting governmentalagencies in establishing water quality standards orindustrial, agricultural and municipal waste dischargesinto the la:e and to cooperate with said e7isting agencieso the government o the 0hilippines in enorcing suchstandards, or to separately pursue enorcement andpenalty actions as provided or in ection P(d) andection E3-* o this *ct5 0rovided, %hat in case o conDicton the appropriate water quality standard to be enorcedsuch conDict shall be resolved thru the '$* +oard6

2N)%o develop water supply rom ground andCor la:e waterresources or municipal, agricultural and industrialusages, in coordination with the 'ational GaterBesources !ouncil created by 0residential ecree 'o.P"P dated =arch "V, 23HP or its successors in interests,and to enter into agreements with municipalities,governmental agencies and corporations and the privatesector to supply, distribute and mar:et such water6

2S)&nderta:e studies on the improvement and maintenanceo the desirable la:e water quality o aguna de +ay, andin pursuance thereo, prepare a water qualitymanagement program on a continuing basis, sub?ect tothe approval o the '$*, which the *uthority shall carryout with the assistance and support o all national andlocal government units involved in water qualitymanagement.

EO 2 RTER $E&ININ3 %ERTAIN

N%TIONS AN$ OWERS O& TE

LA3#NA LA'E $EVELOMENTA#TORITY

-/urther defnes certain unctions and powers o the agunaa:e evelopment *uthority.

*dditional 0owers and /unctions o * under $.1 3"H5

2. Issue standards, rules and regulations to govern theapproval o plans and specifcations or sewage wor:s andindustrial waste disposal system and the issuance o

permits in accordance with the provisions o this$7ecutive 1rder6 inspect the construction andmaintenance o sewage wor:s and industrial wastedisposal systems or compliance to plans.

". *dopt, prescribe, and promulgate rules and regulationsgoverning the 0rocedures o the *uthority with respect tohearings, plans, specifcations, designs, and other dataor sewage wor:s and industrial waste disposal system,the fling o reports, the issuance o permits, and otherrules and regulations or the proper implementation andenorcement o this $7ecutive 1rder.

E. Issue orders or decisions to compel compliance with theprovisions o this $7ecutive 1rder and its implementingrules and regulations only ater proper notice andhearing.

P. =a:e, alter or modiy orders requiring the discontinuanceo population speciying the conditions and time withinwhich such discontinuance must be accomplished.



17/72


N. Issue, renew, or deny permits, under such conditions as itmay determine to be reasonable, or the prevention andabatement o pollution, or the discharge o sewage,industrial waste, or or the installation or operation osewage wor:s and industrial disposal system or partsthereo5 0rovided, however, that the *uthority, by rulesand regulations, may require subdivisions, condominiums,hospitals, public buildings and other similar humansettlements to put up appropriate central seweragesystem and sewage treatment wor:s, e7cept that nopermits shall be required o any new sewage wor:s orchanges to or e7tensions o e7isting wor:s that dischargeonly domestic or sanitary wastes rom a single residentialbuilding provided with septic tan:s or their equivalent.%he *uthority may impose reasonable ees and chargesor the issuance or renewal o all permits herein required.

S. *ter due notice and hearing, the *uthority may alsorevo:e, suspend modiy any permit issued under this1rder whenever the same is necessary to prevent orabate pollution.

H. eputi@e in writing or request assistance o appropriategovernment agencies or instrumentalities or the purposeo enorcing this $7ecutive 1rder and its implementingrules and regulations and the orders and decisions o the*uthority.

V. *uthori@e its representative to enter at all reasonabletimes any property o the public dominion and privateproperty devoted to industrial, manuacturing, processingor commercial use without doing damage, or the purposeo inspecting and investigating conditions relating topollution or possible or imminent pollutions.

3. $7ercise such powers and perorm such other unctionsas may be necessary to carry out its duties andresponsibilities under this $7ecutive 1rder.

/urther, to eectively regulate and monitor activities in theaguna de +ay region, the *uthority shall have e7clusive?urisdiction to issue permit or the use o all surace water orany pro?ects or activities in or aecting the said region includingnavigation, construction, and operation o fshpens, fshenclosures, fsh corrals and the li:e.

%ASE A> Bs %A 3T


18/72


!* reversed the order o dismissal and declared the Grit o$7ecution null and void. It held that certiorari is the properremedy since the order o petitioner would result in great andirreparable damage to olar.

0etitioner as:ed the upreme !ourt to review !*;s decision. Itclaimed that e7-parte order with writ was issued in accordancewith law. It claimed that under 0 3VP, ec. H (a), it has legalauthority to issue e7-parte orders to suspend the operations oan establishment where there is prima acie evidence that suchestablishment is discharging wastewater, the pollution levele7ceeds the ma7imum permissible standards set by the +oard.

Bespondent;s contention5 'o threat to lie, public health saetyor welare.

ISS#E Ghether the !* erred in reversing the %rial !ourt;sdecision.

EL$

9es. %he +oard was acting within its powers in issuing the ceaseand desist orders as per 0 3VHP, ec. H (a). It is not essentialthat an immediate threat to lie, public health, saety e7istsbeore an e7-parte cease and desist order may be issued. It isenough i the +oard fnds that the wastes discharged do e7ceedthe allowable standards set by the +oard.

%ASE LL$A Bs %A 3R 120;:"!1

$e+ember D 1"

&A%TS

aguna a:e evelopment *uthority (*) was createdthrough B* 'o. PVN# in order to e7ecute the policy o towardsenvironmental protection and sustainable development so as toaccelerate the development and balanced growth o the agunaa:e *rea and the surrounding provinces and towns.

$1 3"H urther defned and enlarged the powers and unctions o* and enumerated towns, cities, and provinces encompassedby the term Kaguna de +ay Begion.J

&pon the implementation o B* 'o. H2S# (ocal overnment!ode), the municipalities assumed $Q!&IF$ T&BII!%I1'and authority to issue fshing privileges within their municipalwaters since ec. 2P3 thereo provides that =unicipalcorporations shall have authority to grant Kin municipal watersand impose rental ees or charges thereo.J

+ig fsh pen operators too: advantage o the occasion toestablish fsh pens and fsh cages to the dismay o *.Implementation o separate, independent policies in fshcagesCfsh pen operation and the I'I!BI=I'*%$ grant o fshpen permits by the la:eshore municipalities aggravated thecurrent environmental problems and ecological stress o agunaa:e.

* then served notice to general public that5

/ish pens, cages, and other aquaculture structuresunregistered with * are declared illegal6 %hose declared illegal shall be sub?ect to demolition6

1wners o those declared illegal shall be criminallycharged with violations o provisions o B* 'o. PVN#C0V2E.

* month later, * sent notices advising the owner o theillegally constructed fsh pensCcages and aqua structures,advising them to dismantle their respective structures otherwisedemolition shall be eected.



19/72


ISS#E Ghich agency o the governmentU* ortownsCmunicipalities comprising the regionUshould e7ercise?urisdiction over the aguna a:e and its surrounding districtinsoar as issuance o permits or fshing privileges is concerned.

EL$

*. ec. P (:) o * charter and ec. " o $1 3"H,specifcally provide that the * shall have e7clusive?urisdiction to issue permits or the use o all surace water orany pro?ects or activities aecting the region. 1n the otherhand, B* 'o. HS2# has granted municipalities e7clusiveauthority to grant fshery privilege on municipal waters.

0rovisions o B* 'o. HS2# do not necessarily repeal the lawscreating *. Ghere there;s conDict between general andspecial laws, the latter should prevail as it evinces legislativeintent more clearly than general statute. pecial law cannot berepealed, amended, or altered by a subsequent general law bymere implications.

=oreover, the powers o * , or the purpose o eectivelyrehabilitating and monitoring aguna de +ay, parta:es o thenature o police power, most pervasive, least limitable, mostdemanding o all state powers.

$ :11STRATE3I% ENVIRONMENTAL

LAN (SE) &OR ALAWAN A%T

SE%4 Strate6i+ EnBironmental lan4- *

comprehensive ramewor: or the sustainable

development o 0alawan compatible with protecting and

enhancing the natural resources and endangered

environment o the province is hereby adopted. uch

ramewor: shall be :nown as the trategic $nvironmental

0lan or 0alawan, hereinater reerred to as $0, and shall

serve to guide the local government o 0alawan and thegovernment agencies concerned in the ormulation and

implementation o plans, programs and pro?ects aecting

said province.

SE%4 " Strate6i+ EnBironmental lan (SE)

.iloso*./4- %he $0 shall have as its general

philosophy, the sustainable development o 0alawan,

which is the improvement in the quality o lie o its

people in the present and uture generations through the

use o complementary activities o development and

conservation that protect lie-support ecosystem and

rehabilitate e7ploited areas to allow upcoming

generations to sustain development growth.

o (2) $cological viability - %he physical and

biological cycles that maintain the productivity o

natural ecosystems must always be :ept intact.

o (") ocial acceptability - %he people themselves,

through participatory process, should be ully

committed to support sustainable development

activities by ostering equity in access to resources

and the benefts derived rom them.

o (E) Integrated approach - %his allow or a holistic

view o problems and issues obtaining in the

environment as well as opportunities or



20/72


coordination and sharing that will eventually

provide the resources and political will to actually

implement and sustain $0 activities.

SE%4 : Le6al eFe+ts4- %he $0 shall serve as the

ramewor: to guide the government agencies concerned

in the ormulation and implementation o plans, programs

and pro?ects aecting the environment and natural

resources o 0alawan

SE%4 EnBironmentall/ %riti+al Areas Net8or

(E%AN)- %he $0 shall establish a graded system o

protection and development control over the whole o

0alawan, including its tribal lands, orest, mines,

agricultural areas, settlement areas, small islands

mangroves, coral rees, seagrass beds and the

surrounding sea.

%ASE TANO VS4 SO%RATES 2; S%RA 1"

&A%TS

%he angguniang 0anglungsod o 0uerto 0rincesa enacted1rdinance 'o. 2N-3" banning the shipment o live fsh andlobster outside 0uerto 0rincesa !ity or a period o N years. Inthe same light, the 0 0alawan also enacted a Besolution thatprohibits the catching, gathering, buying, selling, possessing,

and shipment o live marine coral-dwelling aquatic organisms orN years within 0alawan waters.

0etitioners *irline hippers *ssociation o 0alawan, togetherwith marine merchants, were charged or violating the aboveordinance and resolution by the city and provincial governments.

0etitioners now alleged that they have the preerential rights asmarginal fshermen granted with privileges provided in ec. 2P3o the ocal overnment !ode, invo:ing the invalidity o theenactments as violative o their preerential rights.

ISS#E Ghether the enactments are violative o preerentialrights.

EL$

'o. $nactments are valid e7ercise o police power o & toprotect public interests and the public rights to a balanced andhealthul ecology.

Bights and privileges invo:ed by petitioner are not absolute. %heeneral Gelare !lause o the ocal overnment !ode mandatesor the liberal interpretation in giving the &s more powers toaccelerate economic development and to upgrade the lie opeople in the community.&s are then empowered to enactfshery laws in its municipal waters which necessarily

include the enactment o ordinances in order to eectivelycarry out enorcement o fshery laws in the community.

%ASE MM$A VS %ON%ERNE$ %ITIGENS

O& MANILA >AY 3R 11 $E%EM>ER

;D 200;



21/72


&A%TS

*t the core o this case is =anila +ay, a place with proud historicpast, once brimming with marine lie, but now a dirty and slowly

dying e7panse mainly due to oicial indierence o people andinstitutions that could have otherwise made a dierence.

Bespondents !oncerned Besidents fled a complaint beore theB%! in Imus, !avite against several government agencies,among them the petitioners, or the cleanup, rehabilitation, andprotection o =anila +ay and to submit to B%! a concertedconcrete plan o action or the purpose.

%he complaint alleged the ollowing5

Gater quality had allen way below the allowablestandards set by law (as confrmed by the $'B). iventhe sample water collected, the amount o ecal coliormcontent is beyond the standard.

%he continued neglect o oicials violates several laws

Gith the rec:less, accumulated, and ongoing acts, omission,commission o deendants resulting in clear and present dangerto public health and in the depletion and contamination o themarine lie o =anila +ay, the B%! held petitioner liable andordered to clean up and rehabilitate =anila +ay and to restoreits water quality to class + waters ft or swimming, s:in-diving,

and other orms o contact recreation.

0etitioners appealed beore the !* contending that theprovisions o $nvironmental !ode (0 22N") relate only to thecleaning o specifc pollution incidents and do not cover cleaningin general. %hey also asserted that cleaning o the =anila +ay isnot a ministerial act which can be compelled by mandamus.

ISS#ES

(2) Ghether ec. 2H and "# 0 22N" under the headings,&pgrading o Gater 8uality and !lean-&p 1perations,

envisage a clean-up in general or are they limited only tothe cleanup o specifc pollution incidentsR

(") !an petitioner be compelled by mandamus to clean upand rehabilitate =anila +ayR

EL$(2) '1. ec. 2H does not state that government agencies

concerned ought to confne themselves to containment,removal, and cleaning operations when specifc pollutionincident occurs.

1n the contrary, ec. 2H requires them to act even in theabsence o specifc pollution incident, as long as thewater quality Khas deteriorated to a degree where itsstate will adversely aect its best usage.J %his is notconditional on occurrence o any pollution incident.

(") 9$. ! held that cleaning up and rehabilitating =anila+ay is ministerial in nature and can be compelled bymandamus. ec. E (c) o B* 'o. H3"P (law creating==*) is mandated to put up an adequate andappropriate sanitary landfll and solid waste and liquiddisposal as well as alternative garbage disposal systems.%his is set up by law (en?oined as a matter o statutoryobligations).

ILIINE ENVIRONMENT OLI%Y $

11"1

-r*ose %o protect the right o the people to a healthyenvironment through a requirement o environmental impactassessments and statements

01I!9



22/72


It is hereby declared a continuing policy o the tate (a)to create, develop, maintain and improve conditionsunder which man and nature can thrive in productive anden?oyable harmony with each other, (b) to ulfll the social,economic and other requirements o present and uturegenerations o /ilipinos, and (c) to insure the attainmento an environmental quality that is conducive to a lie odignity and well-being.

1*5 (pertains to sustainable developmentCwise use concept >during this time was not yet recogni@ed or :nown)

recogni@e, discharge, and ulfl the responsibilities oeach generation as trustee and guardian o theenvironment or the succeeding generations,

(b) assure the people o a sae, decent, helpul,

productive, and aesthetic environment, (c) encourage the widest e7ploitation o the environment

without degrading it, or endangering human lie, health,and saety or crPeating conditions adverse to agriculture,commerce, and industry,

(d) preserve important historic and cultural aspects o the0hilippine heritage,

(e) attain a rational and orderly balance betweenpopulation and resource use,

() improve the utili@ation o renewable and non-renewable resources.

BIA% %1 * A$*%A9 $'FIB1'=$'% the government recogni@es the right o the people to a

healthul environment. It shall be the duty andresponsibility o each individual to contribute to thepreservation and enhancement o the 0hilippineenvironment.

$'FIB1'=$'%* I=0*!% %*%$=$'% 0ursuant to the above enunciated policies and goals, all

agencies and instrumentalities o the nationalgovernment, including all government owned and

controlled corporations as well as private corporationsand frms and entities shall prepare, fle, and include inevery action, pro?ect, or underta:ing which signifcantlyaects the quality o the environment a detailed

statement

!* '1%$5

0olicy > direction C guide

ILIINE ENVIRONMENTAL %O$E $

11"2

-r*ose%o achieve and maintain such levels o air H-alit/asto protect public health and to prevent to the greatest e7tentpracticable, in?ury andCor damage to plant and animal lie andproperty, and promote the social and economic development othe country

&eat-res

(2) 0rovided a comprehensive program o environmentalprotection and management. %he !ode established

specifc environment management policies and prescribesenvironmental quality standards.

(") %o achieve and maintain such levels o air quality as toprotect public health and to prevent to the greatest e7tentpracticable, in?ury andCor damage to plant and animal lieand property, and promote the social and economicdevelopment o the country

(E) 0rescribe management guidelines to protect and improvewater quality through5 classifcation o 0hilippine waters,



23/72


establishment o water quality standards, protection andimprovement o the quality o the 0hilippine waterresources, and responsibilities or surveillance andmitigation o pollution incidents

(P) et guidelines or waste management with a view toensuring its eectiveness, encourage, promote andstimulate technological, educational, economic and socialeorts to prevent environmental damage and unnecessaryloss o valuable resources o the nation through recovery,recycling and re-use o wastes and wastes products, andprovide measures to guide and encourage appropriategovernment agencies in establishing sound, eicient,comprehensive and eective wastes managementcovering both solid and liquid wastes

NOTE/or 0 22N", usually, *mbatol gives the student recitingmuch leeway on choosing a specifc title heCshe wants to reciteon. /or e7ample5 Title - 3ater 4"ality #anagement. o, ma:esure to read one specifc title thoroughly.

1%A$B %10I!5

2. *ir 8uality =anagement

". Gater 8uality =anagement

E. and &se =anagement (land use, industrial lands,)

P. 'ature Besources =anagement and !onservation (fsheries

and aquatic resources, wildlie, orestry and soil

conservation, Dood control and natural calamities, energy

development, conservation and utili@ation o surace ground

waters, mineral resources)

N. Gaste =anagement

=I!$*'$1& 0B1FII1'

Se+tion "24Pop"lation/5n'ironment 6alance

Se+tion "


24/72


Se+tion "4Preser'ation o :istoric and C"lt"ral

eso"rces and :eritage. It shall be the duty o every

person to help preserve the historic and cultural

resources o the country such as sites, structures,artiacts, documents, ob?ects, memorials and priceless

trees.

!* '1%$5

%his law sets the standards or quality

It also incite cooperation and coordination (not onlygovernment oices but everyone)

'0!! '0$! Beorgani@ed to become $'B ('0!!

and '0$Q is under the $=+)

ESTA>LISIN3 AN ENVIRONMENTAL

IMA%T STATEMENT $1";:

1F$BFI$G5 it is the study o the environment GI%A orGI%A1&% the chemical pro?ect

aw establishing an environmental impact statementsystem, including other environmental management-related measures.

%his is a 0*''I'C=*'*$=$'% tool

$I* > procedure

$I > document passed to the epartment

-r*ose%o attain and maintain a rational and orderly balancebetween socio-economic growth and environmental protection

%his established an $'FIB1'=$'%* I=0*!%%*%$=$'% 9%$= ounded and based on environmentalimpact statement, required under ection P o 0.. 'o. 22N2, oall agencies, instrumentalities o national government, including1!!s, as well as private corporations and entities or everyproposed pro?ectCunderta:ing which signifcantly aect thequality o the environment.

Se+tion o, 4$4 No4 11"1 *roBides

*ection ;. 5n'ironmental mpact *tatements. 0ursuant to theabove enunciated policies and goals, all agencies andinstrumentalities o the national government, includinggovernment-owned or controlled corporations, as well as privatecorporations frms and entities shall prepare, fle and include inevery action, pro?ect or underta:ing which signifcantly aectsthe quality o the environment a detail statement on5

(a) %he environmental impact o the proposed action, pro?ect orunderta:ing(b) *ny adverse environmental eect which cannot be avoidedshould the proposal be implemented6(c) *lternative to the proposed action6(d) a determination that the short-term uses o the resources othe environment are consistent with the maintenance andenhancement o the long-term productivity o the same6 and(e) Ghenever a proposal involves the use o depletable or non-renewable resources, a fnding must be made that such use andcommitment are warranted.

GA1 $!*B$ %A$ !BI%I!* *B$* ection P. 0residential 0roclamation o $nvironmentally

!ritical *reas and 0ro?ects. - %he 0resident o the0hilippines may, on his own initiative or uponrecommendation o the 'ational $nvironmental



25/72


0rotection !ouncil, by proclamation declare certainpro?ects, underta:ings or areas in the country asenvironmentally critical. 'o person, partnership orcorporation shall underta:e or operate any such declared

environmentally critical pro?ect or area without frstsecuring an $nvironmental !ompliance !ertifcate issuedby the 0resident or his duly authori@ed representative.

&EAT#RES eclared environmentally critical pro?ects and areas are

required to obtain an $nvironmental !ompliance!ertifcate beore operation

$nvironmentally !ritical 0ro?ects includes2. heavy industries,". resource e7tractive industries,

E. inrastructure pro?ects,P. gol course pro?ects %.ara+teristi+s o, EnBironmentall/ %riti+al Areas

*reas declared by law as natural par:s, watershed

reserves, wildlie reserves, and sanctuaries *reas set aside as aesthetic, potential tourist spots *reas which constitute the habitat or any endangered or

threatened species o indigenous 0hilippine wildlie (Doraand auna)

*reas o unique historical, archeological, geological orscientifc interests

*reas which are traditionally occupied by culturalcommunities or tribes

*reas requently visited andCor hard hit by naturalcalamities (geologic ha@ards, Doods, typhoons, volcanicactivity, etc.)

*reas o critical slope *reas classifed as prime agricultural lands Becharged areas o aquiers Gaterbodies =angrove areas !oral rees

Fiolators shall be punished by the suspension ocancellation o hisCits certifcate and or fne or eachviolation

0B1!*=*%I1' "2PS ($'FIB1'=$'%*9 !BI%I!* *'GI%AI' %A$ !10$ 1/ %A$ $'FIB1'=$'%* I=0*!%%*%$=$'% 9%$= $%*+IA$ &'$B 0B$I$'%I*$!B$$ '1. 2NVS.)

*. $nvironmentally !ritical 0ro?ects

a. Aeavy Industries

i. 'on-errous metal industries

ii. Iron and steel mills

iii. 0etroleum and petro-chemical industries

including oil and gas

iv. melting plants

b. Besource $7tractive Industries

i. =a?or mining and quarrying pro?ects

ii. /orestry pro?ects

2. ogging

". =a?or wood processing pro?ects



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E. Introduction o auna (e7otic-

animals) in publicCprivate orests

P. /orest occupancy

N. $7traction o mangrove products

S. ra@ing

iii. /ishery 0ro?ects

2. i:es orCand fshpond development

pro?ects

c. Inrastructure 0ro?ects

i. =a?or dams

ii. =a?or power plants (ossil-ueled, nuclear

ueled, hydroelectric or geothermal)

iii. =a?or reclamation pro?ects

iv. =a?or roads and bridges

+. $nvironmentally !ritical *reas

a. *ll areas declared by law as national par:s,

watershed reserves, wildlie preserves and

sanctuaries6

b. *reas set aside as aesthetic potential tourist

spots6

c. *reas which constitute the habitat or anyendangered or threatened species o indigenous

0hilippine Gildlie (Dora and auna)6

d. *reas o unique historic, archaeological, or

scientifc interests6

e. *reas which are traditionally occupied by cultural

communities or tribes6

. *reas requently visited andCor hard-hit by natural

calamities (geologic ha@ards, Doods, typhoons,

volcanic activity, etc.)6

g. *reas with critical slopes6

h. *reas classifed as prime agricultural lands6

i. Becharged areas o aquiers6

?. Gater bodies characteri@ed by one or any

combination o the ollowing conditions6

i. tapped or domestic purposes

ii. within the controlled andCor protected

areas declared by appropriate authorities

iii. which support wildlie and fshery activities



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:. =angrove areas characteri@ed by one or any

combination o the ollowing conditions5

i. with primary pristine and dense younggrowth6

ii. ad?oining mouth o ma?or river systems6

iii. near or ad?acent to traditional productive

ry or fshing grounds6

iv. which act as natural buers against shore

erosion, strong winds and storm Doods6

v. on which people are dependent or their

livelihood.

l. !oral rees characteri@ed by one or any

combinations o the ollowing conditions

i. Gith N#M and above live coralline cover6

ii. pawning and nursery grounds or fsh6

iii. which act as natural brea:water ocoastlines.

W.at is an ENVIRONMENTAL IMA%T ASSESSMENT(EIA)C

It is the process o predicting the li:ely environmentalconsequences o implementing a pro?ect or underta:ing,and designing appropriate preventive, mitigating andenhancement measures.

$I* provides options or the pro?ect to be implementedwith assurance that the quality o the environment andwell- being o people will be sae-guarded. EN%ED EIAis a LANNIN3 TOOL4

REAL #ROSE O& EIA2. %o aid the proponentCapplicant on environmental

considerations prior to starting construction wor:s on thepro?ect.

". %o aid agencies in considering $I* results in theirdecision ma:ing or their respective permitting system

ENVIRONMENTALLY %RITI%AL RO?E%TS (E%)

%he pro?ect include activities that have signifcantenvironmental consequences

* pro?ect in this category is li:ely to have signifcantadverse impact that may be sensitive, irreversible anddiverse. I the pro?ect is an $!0, an $I document willhave to be submitted. It will be the $nvironmental=anagement +ureau ($=+-=anila) that has ?urisdictionon the matter. In other words, a pro?ect that iscategori@ed as an $!0 alls under the authority o the$=+ and must ollow the steps identifed with thepreparation o an $I.

EIA STA3ES14 S+reenin6 ! etermines i a pro?ect is covered or not

covered by the 0$I (0hilippine $nvironmental Impacttatement ystem). I a pro?ect is covered, screeningurther determines what document type the pro?ectshould prepare to secure the needed approval, and whatthe rest o the requirements are in terms o $=+ oice oapplication, endorsing and decision authorities, durationo processing.

". S+o*in6 ! Identifes the most signifcant issuesCimpactso a proposed pro?ect, and then, delimits the e7tent obaseline inormation to those necessary to evaluate andmitigate the impacts.



28/72



29/72


%LEAN AIR A%T RA; 1

$E%LARATION O& RIN%ILES

%he tate shall protect and advance the right o thepeople to a balanced and healthul ecology in accord withthe rhythm and harmony o nature

%he tate shall promote and protect the globalenvironment to attain sustainable development whilerecogni@ing the primary responsibility o localgovernment units to deal with environmental problems.

%he tate recogni@es that the responsibility o cleaningthe habitat and environment is primarily area-based. %hetate also recogni@es the principle that Ypolluters mustpayY.

/inally, the tate recogni@es that a clean and healthyenvironment is or the good o all and should thereore bethe concern o all.

GA*%R outlines the government;s measures to B$&!$ airpollution and I'!1B01B*%$ environmental protection into itsdevelopment plans.

It mandates the various government agencies to do the ollowingin support o the *ct5

2. $e*artment o, EnBironment and Nat-ral Reso-r+es($ENR)> act as overall o the lead agency6 prepare a'ational *ir 8uality tatus Beport which shall be used asa basis in ormulating the Integrated *ir 8ualityImprovement /ramewor:6 issue rules and regulations inthe implementation o the *ct.

". $e*artment o, Trans*ortation and %omm-ni+ation($OT%) in coordination with the $'B in case oindustrial dischargers and the 1%!, in case o motor

vehicles, shall, based on environmental techniques,design, impose on and collect regular emission ees romall said dischargers as part o the emission permittingsystem or vehicle registration renewal system, as the case

may be6 implement the emission standards or motorvehicles

E. $e*artment o, S+ien+e and Te+.nolo6/ ($OST) >with the $'B, other agencies, private sector , theacademe, non-government organi@ations and people;sorgani@ation, shall establish a 'ational Besearchevelopment 0rogram or the prevention and control oair pollution.

P. $e*artment o, Trade and Ind-str/ ($TI) D $OSTLo+al 3oBernment #nits (L3#s) - together with the$'B shall develop an action plan or the control and

management o air pollution rom motor vehicles with theIntegrated *ir 8uality =anagement /ramewor:.

N. $OT%D $TI and $ENR - shall establish the proceduresor the inspection o motor vehicles and the testing otheir emissions or the purpose o determining theconcentration andCor rate o emission o pollutantsdischarged by the said sources.

S. $e*artment o, Ener6/ ($OE) +o!+.aired 8it. t.e$ENRD in +ons-ltation 8it. t.e >-rea- o, rod-+tStandards o, $TID $OST 8it. t.e ,-el anda-tomotiBe ind-striesD a+ademe and t.e +ons-mers> shall set specifcations or all types o uel and uel-related products, to improve uel composition orincreased eiciency and reduced emissions.

H. .ili**ine Atmos*.eri+D 3eo*./si+al andastronomi+al SerBi+e Administration (A3ASA) >shall regularly monitor meteorological actors aectingenvironmental conditions including o@one depletion andgreenhouse gases.



30/72


V. .ili**ine N-+lear Resear+. Instit-te (NRI)> withthe $'B shall regulate all pro?ects which will involvethe use o atomic andCor nuclear energy, and will entailrelaease o radioactive substances into the environment,

incident to the establishment or possession o nuclearenergy acilities and radioactive materials, handling,transport , production , storage and use o radioactivematerials.

3. $e*artment o, Ed-+ation ($e*Ed)D %ommission oni6.er Ed-+ation (%E$) D $e*artment o, Interiorand Lo+al 3oBernments ($IL3) and t.e .ili**ineIn,ormation A6en+/ ( IA) > shall encourageparticipation o government agencies and the privatesector including '1s, 01s, academe, environmentalgroups and other private entities in a multi-sectoral

campaign.

ROI>ITE$ A%TS

2. +&B'I'

a. +urning o =unicipal Gaste

b. +urning o Aa@ardous ubstances and Gastes

c. +urning o +io-=edical Gaste (Incineration)

". =14I'

a. mo:ing in 0ublic 0laces

E. /&$ B$*%$ *!%

a. =anuacture, Importation, ale, 1er or ale,

Introduction into !ommerce, !onveyance or other

isposition o eaded asoline

b. =anuacture, 0rocessing, %rade o /uel or /uel

*dditive Githout 0rior Begistration o the /uel or

/uel *dditive with the 1$

c. =isuelling

%OVERE$ >Y %LEAN AIR A%T

A4 OLL#TION &ROM MOTOR VEI%LES- reers to vehicle

li:e cars, truc:s, buses, ?eepneys, tricycles, motorcycles and

vans.

>4 OLL#TION &ROM STATIONARY SO#R%ES- reers

industrial frms and smo:estac:s o power plants, hotels and

other establishments.

Gith respect to any trade, industry, process and uel burning

equipment or industrial plant emitting air pollutants, the

concentration at the point o emission shall not e7ceed the

ollowing limits5

*ll stationary sources must comply with the 'ational

$mission tandards or ource pecifc *ir 0ollutants

('$*0) and 'ational *mbient *ir 8uality tandards

('**8) and must secure their permit to operate, prior

to operation.



31/72


%4 OLL#TION &ROM OTER SO#R%ES- reers to sources oemission other than the above. %hese include smo:ing, burningo garbage, and dust rom construction, unpaved grounds, etc.

%LEAN WATER A%T RA 2 200

-aims to protect the country;s water bodies rom pollution romland-based sources, industries and commercial establishments,agriculture and community (household activities).

%oBera6e o, t.e A+t - %his *ct shall apply to 8ater H-alit/mana6ement in all 8ater bodies 0rovided, %hat it shallprimarily apply to the abatement and control o pollution romland based sources5 0rovided, urther, %hat the water qualitystandards and regulations and the civil liability and penalprovisions under this *ct shall be enorced irrespective osources o pollution.

It mandates the various government agencies to do the ollowingin support o the *ct5

(2) 0hilippine !oast uard in coordination with * and theepartment shall enorce or the enorcement o waterquality standards in marine waters, set pursuant to this*ct, specifcally rom oshore sources6

(") 0GA through its attached agencies, such as the =G,G&*, and including other urban water utilities or theprovision or sewerage and sanitation acilities and theeicient and sae collection, treatment and disposal osewage within their area o ?urisdiction6

(E) *, shall coordinate with the epartment, in theormulation o guidelines or the re-use o wastewater orirrigation and other agricultural uses and or theprevention, control and abatement o pollution romagricultural and aquaculture activities5 0rovided, %hat

discharges coming rom non-point sources be categori@edand urther defned pursuant to this *ct5 0rovided,urther, %hat the +ureau o /isheries and *quaticBesources (+/*B) o the * shall be primarily responsible

or the prevention and control o water pollution or thedevelopment, management and conservation o thefsheries and aquatic resources6

(P) 1A shall be primarily responsible or the promulgation,revision and enorcement o drin:ing water qualitystandards6

(N) 1%, in coordination with the epartment and otherconcerned agencies, shall prepare a program or theevaluation, verifcation, development and publicdissemination o pollution prevention and cleaner

production technologies6 and

(S) epartment o $ducation (ep$d), !ommission Aigher$ducation (!A$), epartment o the Interior and ocalovernment (I) and 0hilippine Inormation *gency(0I*) shall assist and coordinate with the epartment in,the preparation and implementation o a comprehensiveprogram pursuant to the ob?ectives o this *ct.

%he *ct also outlines the benefcial use o water (as ollows)5

>eneJ+ial -se - means the use o the environment or anyelement or segment thereo conducive to public or privatewelare, saety and health6 and shall include, but not be limitedto, the use o water or domestic, municipal, irrigation, powergeneration, fsheries, livestoc: raising, industrial, recreationaland other purposes.

14 #se o, 8ater ,or domesti+ *-r*oses- means the utili@ationo water or drin:ing, washing, bathing, coo:ing or otherhousehold needs, home gardens and watering o lawns ordomestic animals6



32/72


24 #se o, 8ater ,or m-ni+i*al *-r*oses - means theutili@ation o water or supplying water requirements o thecommunity6


33/72


%he epartment o $nvironment and 'atural Besources shall bethe implementing agency and shall be assisted by the Inter-*gency *dvisory !ouncil

It provides or the regulation o all chemical substances that maypose threat to public health and the environment throughimport, manuacture, sale, use, distribution, and disposal as wellas the regulation o all ha@ardous wastes rom generation,transport, storage, re-useCrecycling, treatment and disposal andto prevent entry o nuclear wastes into the country /1BGA*%$F$B 0&B01$.Z

Begistration o the ollowing is required to ensure that industrialeconomic growth is achieved in an environmentally soundmanner to eectively manage ha@ardous wastes in order tominimi@e human and environmental impacts cause by industrial

activities5

Aa@ardous wastes generators Aa@ardous wastes treater Aa@ardous wastes transporterFiolators shall be sub?ect to fnes, imprisonment, dismissal romoice, confscation and oreiture chemical substances andmi7tures in avor o the government, deportation and barredrom entry into the 0hilippines in case o oreigner

*00B1*!A5

Gomb to %omb > the law deals rom the source o the

waste up to the disposal

!1F$B*$5

!hemical ubstance $7empt rom the 0re-=anuacture

'otifcation

%hose included in the categories o chemical substances

and mi7tures already listed in the inventory or e7istingchemical6

%hose to be produces in small quantities solely or

e7perimental or research and development purposes6

!hemical substances and mi7tures that will not present

an unreasonable ris: to health and the environment6 and

!hemical substances and mi7tures that e7ists temporarily

and which have no human or environmental e7posuresuch as those which e7ist as a result o chemical reactions

in the manuacture or processing o a mi7ture o another

chemical substance

0rohibited *cts



34/72


4nowingly use in chemical substance or mi7ture which is

imported, manuactured, processed or distributed in

violation o this *ct or implementing rules and

regulations or orders6

/ailure or reusal to submit reports, notices or on the

inormation, access to records as required by this *ct, or

permit inspection o establishment where chemicals are

manuactured, processed, stored or otherwise held6

/ailure or reusal to comply with the pre-manuacture and

pre-importation requirements6

!ause, aid, or acilitate, directly or indirectly, in thestorage, importation or bringing into 0hilippine territory,

including its maritime economic @ones, even in transit

either by means o land, air or sea transportation or

otherwise :eeping in storage any amount o ha@ardous

and nuclear wastes in any part o the 0hilippines.

NIAS RA ";:

-provides the legal ramewor: or theestablishmentCmanagement o protected areas in the 0hilippines.

%he law defnes 0B1%$!%$ *B$* as the identifed portions oland andCor water set aside by reason o their unique physicaland biological signifcance, managed to enhance biologicaldiversity and protected against destructive human e7ploration.

It establishes a 'ational Integrated 0rotected *reas ystem('I0*) which will designate, whether terrestrial, wetland ormarine, protected areas, areas that Yshall encompassoutstanding remar:able areas and biologically important public

lands that are habitats o rare and endangered species o plantsand animals, biogeographic @ones and related ecosystems.Y

$nlisting categories o protected areas are as ollows5 (2)trictnature reserve6 (")'atural par:6 (E)'atural monument6(P)Gildlie sanctuary6 (N)0rotected landscapes and seascapes6 (S)Besource reserve6 (H) 'atural biotic areas6 and, (V) 1thercategories established by law, conventions or internationalagreements which the 0hilippine overnment is a signatory.

>-Fer Kones ! are identifed areas outside the boundaries oand immediately ad?acent to

designated protected areas pursuant to ection V that needspecial development control in order to avoid or minimi@e harmto the protected area6

$7amples 5 =ayon Folcano, !aramoan 'ational 0ar:, %a\on

trait

$%*+IA=$'% *' $Q%$'% 1/ %A$ 9%$= &pon the recommendation o the $'B, a certain

protected area may be established, disestablished, or itsboundaries may be modifed pursuant to an a+t o,%on6ress4

0B1AI+I%$ *!% (a)Aunting, destroying, disturbing, or mere possession o

any plants or animals or products derived thereromwithout a permit rom the =anagement +oard6

(b)umping o any waste products detrimental tothe protected area, or to the plants and animals orinhabitants therein6

(c)&se o any motori@ed equipment without a permit romthe =anagement +oard6



35/72


(d)=utilating, deacing or destroying ob?ects o naturalbeauty or ob?ects o interest to cultural communities (oscenic value)6

(e)amaging and leaving roads and trails in a damaged

condition6 ()quatting, mineral locating, or otherwise occupying

any land6 (g)!onstructing or maintaining any :ind o structure,

ences or enclosures, conducting any business enterprisewithout a permit6

(h)eaving in e7posed or unsanitary conditions reuse ordebris, or depositing in ground or in bodies o water6 and

(i)*ltering, removing destroying or deacing boundarymar:s or signs.

*ncestral domain and other customary rights andinterests o indigenous communities shall be accordeddue recognition in protected areas. =oreover, thepreservation o ancestral domain and customary rightswithin protected areas shall be a management ob?ective.

Indi6eno-s %-lt-ral %omm-nities- *ncestral domain and

other customary rights and interests o indigenous communities

shall be accorded due recognition in protected areas. =oreover,

the preservation o ancestral domain and customary rights

within protected areas shall be a management ob?ective.

Ten-red Mi6rants - *ny person who has actually andcontinuously occupied an area or fve (N) years prior to itsdesignation as part o a protected area. *s a tenured migrant heshall be eligible to become a steward o a portion o land withinthe multiple use management or buer @one o the protectedarea, and rom which he may derive subsistence

!* '1%$5 !opied the categories laid down by the I&!'

(International &nion on !onservation o 'ature)

&nder the control and administration o the $'B

pecifcally under the +iodiversity =anagement +ureau

(+=+)

+=+ - +iodiversity =anagement +ureau (ormerly

0*G+)

eclares 0rotected *reas ystem > originally was

done by the 0resident but is now done by !ongress

%ASE MARINE MAMMALS O& TE

ROTE%TE$ SEAS%AE %ANYON STRAIT

VS SE%4 ALMANGAD SE% YA (200;)

0$%I%I1'$B5

Besident =arine =ammals o %a\on trait

0rotected eascape, e.g. %oothed Ghales, olphins,

0orpoises O other cetacean species.

egal uardians5 loria $sten@o Bamos and Bose-

i@a $isma 1sorio.0resident *rroyo, &nwilling uardian

B$01'$'%5

$nergy ecretary Beyes, $nvironment ecretary *tien@a



36/72


Tapan 0etroleum $7ploration !o., td.

+*%%$B1&'5

%anon trait5

* narrow body o sea separating the

0hilippine Islands o 'egros and !ebu

It is home to 22 out o the "P :nown

cetacean (marine mammal) species

eclared as 0rotected eascape in

233V$stimated 1il Beserve5 2+ barrels6 recoverable5

2## million barrels

%A$ 0B1+$= !B$*%$ +9 %A$ 0AII00I'$ 1F$B'=$'%5

0hil. ov;t awarded ervice !ontract 'o. PS to

T*0$Q (ec. "2, "##P)

!overage area5 ",VN# sq.:m. (almost the entire

%a\on trait)

=ay "##N5 =C Feritas earcher o T*0$Q started

the HN2-:m multi-channel sub-bottom profling

survey

'ov.2#, "##H5 T*0$Q started e7ploration drilling o

E,2N#m depth

=*T1B I&$5

1!& %*'I 1/ 10AI', $% *.

FI1*%I1' 1/ 0AI. !1'%I%&%I1' O

I'%$B'*%I1'* !1'F$'%I1'

'1'-!1B/1B=*'!$ %1 $I* *G

1!%BI'$ 1' %B*'!$$'%* I=01B%*'!$

*pplies i 0etitioners ail in showing direct in?ury

*llows ordinary citi@ens, members o !ongress, and civic

organi@ations to prosecute actions involving the

constitutionality or validity o laws, regulations and

rulings6

ue to ar-reaching implications.

I'%$B'*%I1'* I'%B&=$'% !1'/$BBI' +$'$/I% %1

10AI' O GA*$5

&nited 'ations !harter or 'ature



37/72


!hapter 2N, *genda "2 at the &nited 'ations !onerence

on $nvironment and evelopment233"

!onvention on +iological iversity23H3 +onn !onventionon !onservation o =igratory pecies o Gild *nimals

*00I!*+II%9 1/ I'%$B'*%I1'* *G I' %A$

0AII00I'$5

octrine o Incorporation5 ec. ", *rt. II, 23VH 0hilippine

!onstitution

antos III vs. 'orthwest 1rient *irlines, "2# !B* "S2

233"Z5 K!onvention which is a %reaty commitment

voluntarily assumed by the 0hilippine government has the

orce and eect o law in this country.J

%anada vs. *ngara ("H" !B* , 233H)5 KIn the event that

a treaty obligation conDicts with local legislation, such a

state is K

envi summer 2015 finals reviewer

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