Environmental and Natural Resources Law

University of Mindanao – College of Law

Atty. Darryl June Luigi P. Tape

Quiz on Philippine Fisheries Code and Water Code of the Philippines

Full Name: Aubrey EM Abrogueña

Email Address: aubreyabroguena@gmail.com

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1. Enumerate at least five (5) purposes for which water may be appropriated for.
Explain each briefly. (10 pts)

Answer:

a.) Domestic - use or appropriation of water to sustain household needs like cooking,
bathing, cooking, etc.

b.) Irrigation - use of water to grow agricultural crops

c.) Municipal - appropriation of water to sustain the demand of the community for the
same resource

d.) Livestocking raising - water is used for the purpose of raising and maintaining flock of
animals

e.) Industrial - water is used to power factors, plants, mines, etc.

2.) Water permit is not required when the use of water is by means of handcarried
container and when bathing, washing, dipping animals or transporting objects by
flotation.

4. Remman Enterprises, Crispin adjoining landowners in Barangay Bugtong Na Pulo,

Lipa City. The land of Lat containing an area of 1.8 hectares is agricultural and
planted mostly with fruit trees while REMMAN occupies a land area of fifteen (15)
 hectares six (6) hectares of which are devoted to its piggery business. REMMAN's
land is one and a half (1 1/2) meters higher in elevation than that of respondent Lat.

Sometime in July 1984 Lat noticed that Remman's waste disposal lagoon was
already overflowing and inundating one-fourth (1/4) of Lat's plantation. He made
several representations with Remman but they fell on deaf ears. On 14 March 1985,
after almost one (1) hectare of Lat's plantation was already inundated with water
containing pig manure, as a result of which the trees growing on the flooded portion
started to wither and die, Lat filed a complaint for damages with preliminary
mandatory injunction against Remman. Lat alleged that the acidity of the soil in his
plantation increased because of the overflow of the water heavy with pig manure
from REMMAN's piggery farm.

Remman denied all the allegations of Lat and raised as an affirmative defense that
measures such as the construction of additional lagoons were already adopted to
contain the waste water coming from its piggery to prevent any damage to the
adjoining estates.

After conducting an ocular inspection and evaluating the evidence of both parties the
Regional Trial Court found that indeed REMMAN’s waste disposal lagoon overflowed
with the contaminated water flooding one (1) hectare of Lat's plantation. As a
consequence, the trial court ordered REMMAN to indemnify Lat P186,975.00 for lost
profits for three (3) crop years and P30,000.00 as attorney's fees. The decision of the
court a quo was affirmed in toto by the Court of Appeals.

In the Petition for Review on Certiorari, Remman insists, inter alia, that the damages,
if any, were due to a fortuitous event. He set up the defense that heavy rains caused
the overflooding and, in any event, the law imposes the natural easement on the
owner of the lower estate as provided for by Article 637 of the Civil Code. Decide the
petition. (10 pts)

Answer:

5. What is a SLAPP? Explain briefly (5 pts)

Answer:

SLAPP stands for Strategic Lawsuit against Public Participation. It is described as an

action intended to harass or vex or block any legal recourse that any person has taken in
the enforcement of the Water Code.
6. What constitutes a prima facie presumption that a person is engaged in unauthorized
fishing? (5 pts)

Answer:

xxx Nothing follows xxx