Philippine Continuing Professional

Development Training Center, Inc.

Name: MARK JAY H. MASAGCA Grade: ______

GREEN LAWS
CASE STUDY 1: UP IN THE MOUNTAINS WITHOUT A CLUE
1.) Which law was 2.) Indicate the specific 3.) List the elements of the offense 4.) Indicate the line number 5.) What investigative steps
possibly violated? section of the law on the facts leading you to would you do to
containing the offense believe the said provision determine all elements of
was violated the offense are present

Example (based on the Green Laws case, Up in the Mountain):

Chainsaw Act (RA 9175) Section 7(4) – Actual Unlawful
Use of Chainsaw
1. (Offender): Any person
2. (Act or omission): who is found to be
in possession of a chainsaw and uses
the same to cut trees and timber in
forest land or elsewhere
3. (qualifier): except as authorized by
the Department
Line 7-8 According to the third element of
the offense (qualifier), the act is
unlawful when it was done without
being authorized by the Department
(DENR). I would therefore check if
DENR authorized the act of cutting
down the century-old trees

(REQUIRING THE Section 3. 1. Any person who cuts, destroys, damages or they moved towards the noise, and As you can see, they already
PLANTING OF TREES IN injures, naturally growing or planted trees of as they drew closer, they saw violated PD 953 section 3 as
CERTAIN PLACES AND any kind, flowering or ornamental plants and people using chain saws to cut indicated, by cutting down the trees
PENALIZING shrubs, or plants of scenic, aesthetic and down century-old trees; trucks and and crushing the plant around those
UNAUTHORIZED CUTTING, ecological values, along public roads, in plazas, bulldozers crushing new plants trees, I rather go to DENR and file a
DESTRUCTION, parks other than national parks, school within their cherished ancestral complaint regarding those activities.
DAMAGING AND INJURING premises or in any other public ground or land and domain. Helpless, they
OF CERTAIN TREES, place, or on banks of rivers or creeks, or along watched silently as the trees
PLANTS AND VEGETATION) roads in land subdivisions or areas therein for continued to fall and their forest
PRESIDENTIAL DECREE No. the common use of the owners of lots therein, destroyed.
953 or any species of vegetation or forest cover

Name: MARK JAY H. MASAGCA Grade: ______


BLUE LAWS
CASE STUDY 2: THE SMALL FISH V. THE BIG FISH
Which law was Indicate the specific List the elements of the offense
possibly violated? section of the law
containing the offense
Example (based on the Green Laws case, Up in the Mountain):
Chainsaw Act (RA 9175) Section 7(4) – Actual Unlawful 4. (Offender): Any person
Use of Chainsaw 5. (Act or omission): who is found to be
in possession of a chainsaw and uses
the same to cut trees and timber in
forest land or elsewhere
6. (qualifier): except as authorized by
the Department
PRESIDENTIAL DECREE No. Section 2 (Actual Unlawful) use of Prohibition. It shall be unlawful for any
534 explosive, dynamite others) person to catch, take or gather or caused
(ILLEGAL FISHING) to be caught, taken or gathered fish or
fishery/aquatic products in Philippine
waters with the use of explosives,
obnoxious or poisonous substances or by
the use of electricity: Provided, that the
Secretary of Natural Resources may,
subject to such safeguards and conditions
he deems necessary, allow for research,
educational or scientific purposes only the
use of explosives, obnoxious or poisonous
substances or electricity to catch, take or
gather fish or fishery/aquatic products in
specified areas.
Name: MARK JAY H. MASAGCA
Indicate the line number
on the facts leading you to
believe the said provision
was violated
Line 7-8
they heard the distant sound of
explosions coming from one of
the boats farther off. Not wanting
any trouble, they chose to ignore
it and began to fish.
Grade: ______
Philippine Continuing Professional
Development Training Center, Inc.
What investigative steps
would you do to
determine all elements of
the offense are present
According to the third element of
the offense (qualifier), the act is
unlawful when it was done without
being authorized by the Department
(DENR). I would therefore check if
DENR authorized the act of cutting
down the century-old trees
According to the elements of illegal
fishing it is clear that they already
violated the section 2 of the law
wherein they use dynamite as
fishing, I would therefore go to
BFAR to investigate the activities.
 Philippine Continuing Professional
Development Training Center, Inc.

BROWN LAWS
CASE STUDY 3: DUST TO DUST
6.) Which law was
possibly violated?
7.) Indicate the specific 8.) List the elements of the offense 9.) Indicate the line number 10.) What investigative steps
section of the law on the facts leading you to would you do to
containing the offense believe the said provision determine all elements of
was violated the offense are present

Example (based on the Green Laws case, Up in the Mountain):

Chainsaw Act (RA 9175)
Section 7(4) – Actual Unlawful
Use of Chainsaw
7. (Offender): Any person
8. (Act or omission): who is found to be
in possession of a chainsaw and uses
the same to cut trees and timber in
forest land or elsewhere
9. (qualifier): except as authorized by
the Department
Line 7-8 According to the third element of
the offense (qualifier), the act is
unlawful when it was done without
being authorized by the Department
(DENR). I would therefore check if
DENR authorized the act of cutting
down the century-old trees

Republic Act No. 8749
(Philippine Clean Air Act of
1999)
Article Three
Pollution from Stationary Sources
Section 8. Air Quality Control
Action Plan. - Within six (6)
months after the formulation of
the framework, the Department
shall, with public participation,
formulate and implement an air
quality control action plan
consistent with Sec. 7 of this Act.
The action plan shall:
Section 19. Pollution From
Stationary Sources
Section 8 excessive dust emissions have According to the section violated it
a) Include enforceable emission caused serious health problems to is a strong evidence that the factory
limitations and other control the people, such as lung infections, is emitting much volume of
measures, means or techniques, as tuberculosis, and skin problems; chemicals that affects the
well as schedules and time tables for and nearby waterways have been community, I should go to DENR
compliance, as may be necessary or polluted with oil and other and present my evidence
appropriate to meet the applicable substances which has caused
requirements of this Act; several fish kills.
Section 19
a) Such emission standards shall be
based on mass rate of emission for
all stationary source of air pollution
based on internationally accepted
standards, but not be limited to, nor
be less stringent than such standards
and with the standards set forth in
this section. The standards,
whichever is applicable, shall be the
limit on the acceptable level of
pollutants emitted from a stationary
source for the protection of the
public’s health and welfare.

With respect to any trade, industry, process and

fuel-burning equipment or industrial plant
emitting air pollutants, the concentration at the
 Philippine Continuing Professional
Development Training Center, Inc.

point of emission shall not exceed the following

limits:

PRESIDENTIAL DECREE No. Section 2 (Actual Unlawful) use of Prohibition. It shall be unlawful for any person polluted with oil and other According to the section violated it
534 explosive, dynamite others) to catch, take or gather or caused to be caught, substances which has caused is a strong evidence that the factory
(ILLEGAL FISHING) taken or gathered fish or fishery/aquatic several fish kills. is releasing substance that affects
products in Philippine waters with the use of the fish that affects the community,
explosives, obnoxious or poisonous substances I should go to DENR and BFAR and
or by the use of electricity: Provided, that the present my evidence
Secretary of Natural Resources may, subject to
such safeguards and conditions he deems
necessary, allow for research, educational or
scientific purposes only the use of explosives,
obnoxious or poisonous substances or electricity
to catch, take or gather fish or fishery/aquatic
products in specified areas.