8FINAL EXAM COVERAGE

1. EIA - Give 5 examples of ECAs and 5 ECPs (Proclamation 2146,

1981) [attached];

- Penalty for violation of ECC provisions under PD 1586 -

Section 9
Penalty for Violation

Any person, corporation or partnership found violating Section 4 of this Decree, or the
terms and conditions in the issuance of the Environmental Compliance Certificate, or of
the standards, rules and regulations issued by the National Environmental Protection
Council pursuant to this Decree shall be punished by the suspension or cancellation of
his/its certificate and/or a fine in an amount not to exceed Fifty Thousand Pesos
(P50,000.000) for every violation thereof, at the discretion of the National
Environmental Protection Council.

2. ESWM Act - Prohibition on open dumping and mandate of

barangay

3. Remedies (Rules of Procedure for Environmental Cases)

3.1 Judicial
- Writ of Kalikasan
- Continuing Mandamus (see Boracay v. Aklan and MMDA cases)
- TEPO/EPO
- SLAPP Suit

3.2 Administrative
- 1997 Rules for the Administrative Adjudication of Illegal Forest
Products and the Machinery, Equipment, Tools and Conveyances
Used in Connection Therewith (DAO No. 97-32) [attached but no
need to memorize, just be aware that for Forestry Code violations,
remedies are filing either administrative (with the DENR using DAO
No. 97-32) or criminal case (with the Prosecutor) or both]

- THE 2017 RULES OF PROCEDURE FOR ADMINISTRATIVE

ADJUDICATION OF THE DEPARTMENT OF AGRICULTURE-
BUREAU OF FISHERIES AND AQUATIC RESOURCES [attached but
no need to memorize, just be aware that for Fisheries Code
violations, remedies are either filing of admin (BFAR Adm.
Adjudication) or criminal case (file with Prosecutor) or both; if LGU
has an ordinance, you can also file an admin case with the LGU]

- OMBUDSMAN - The Environmental Ombudsman Team may

take cognizance of any act or omission committed by any public
official, employee, office or agency mandated to protect the
environment and conserve natural resources that appears to be
illegal, unjust, improper or inefficient, or any malfeasance,
misfeasance or nonfeasance committed by any public officer or
employee, including co-conspirator private individuals, if said act or
omission involves any violation of environmental laws or concerns
or relates to environmental protection or conservation (Sec. 13, Art.
XI of the 1987 Constitution; Secs. 13, 15 and 16 of Rep. Act No.
6770; Office Order No. 244, s. 2012).

Just remember that the Environmental Ombudsman has jurisdiction

to impose administrative penalty and/or file a criminal case/s with
the Sandiganbayan against any public officer or employee,
including co-conspirator private individuals for acts or
omissions involving any violation of environmental laws or concerns
or related to environmental protection or conservation.

4. Remember the Jurisdiction of LGUs (15 km-municipal waters)

and BFAR (beyond 15 km under RA 8550); LLDA (RA 4850); PAMB
under NIPAS Act; DENR under PD 705/Forestry Code

5. Rules of Procedure for Environmental Cases

- Rule on standing - Who may file?