Conflict between City of Caloocan and the Laguna Lake development Authority

City of Caloocan established a dump site. Near the Tala Leprosario. Bagong Silang.
When it was investigated by LLDA, because the dump site, the garbage, dumped on land will
emit fumes as well as juice.
Juice will sit in to earth and it will look for opening towards water. This goes all the way either
to the Manila Bay or to the Laguna Lake.
And that the waters within Manila, is within the jurisdiction of the LLDA. Quality of water.

Upon investigation, the dumpsite is really dangerous to water. LLDA issued a cease and desist
order. TRO.

Since LLDA is vested with a quasi-judicial authority or power, it can only exercise if regulatory
power. It is necessarily implied that it can issue a cease and desist order.

They waste water, they don’t have water treatment. Found to be violating water requirement,
waste water that is disposed. They were fined. Every day of a violation is subjected to fine.

Bound to be in violation, they were notified. Failure to pay will be added a daily fine of 500
Pesos.

Robina Case
Does the LLDA has the power to compromise or reduce the fine?
No. Penalty is fixed by law. Unlike the Indeterminate Sentence Law, it is fixed by law, but it is
indeterminate. Judge is given a discretion.

Section 20 of the Philippine Clean Air Act

Use of Incineration
(MMDA vs. JANCOM Environment Corp., G.R. No. 147465, Jan. 30, 2002)
SC categorically declared, ban of incineration is not absolute.
LGU entered into a private corporation, to establish waste to energy dump site.
If the contract is valid?

While it is true that under sec. 20 of the Clean air act, banning the use of incinerator, but
according to the SC decision, ban on incineration is not absolute.
What is banned, what is prohibited is the use of incinerator by the burning of the municipal,
biohazard, medical, which emits poisons or toxic fumes. If the incinerator is of a modern
technology that it will not emit poisonous or toxic fumes, then it is allowed.

LGU entered into a private company that will burn hospital waste, or radiation waste.

Fisheries

Criminal Aspect
Electrocuting not the same of

Question:
May the Secretary of Agriculture ban a kind of fishing not prohibited under the Fisheries Code?
May the Sec. of Agriculture allowed to penalize?
No. Has no authority to define an act as criminal. Only legislature.

Mining (Alvarez vs. PICOP, G.R. No. 162243. Nov. 29, 2006)
Case: Authority given to the Secretary of Environment and Natural Resources to convert all
existing contract into mineral production sharing agreement.
Issue: Secretary of Environment and Natural Resources by the authority of the President
requested all existing contract holders because Pursuant to sec. 2 article 12, all exploration of
natural resources shall now be under the full control and supervision of the state.
Existing franchise and contract have to be changed into a mineral production sharing agreement
so it could comply to the constitutional provision.

When all of these contract were notified that they were given 2 years to convert their existing
franchise or permit into a mineral production sharing agreement, one of the holder of permit
questioned the authority of the Sec. to give them a timeframe of 2 years in case of failure to
convert into a mineral production sharing agreement, their contract will be deemed cancelled.

The question is, is the Sec. of ENR has the authority to compel the franchise holders or permit
holders to convert it to mineral production sharing.
Answer: Yes. Because he was authorized by the President.

Question: Is this not a violation of Sec. 10 Article 3 of the 1987 Constitution? That no law shall
be passed abridging the obligations and contract.
Answer: No. Because license or permit or franchise is not a matter of right but a privilege. The
gov’t may cancel, revoke, or withdraw if the holder has violated or did not comply with
Contract.

Forestry Code
Mandamus
An issue between the power of the Bureau of Custom, its commissioner, and the DENR, bureau
of Forestry.
Conflict: In the revised forestry code, it bans or prohibits (sec. 36, par. 1) the importation of any
kind of wood, wood products.
Do you need to establish motive to commit illegal fishing? Criminal Intent?
No. In illegal fishing, there is the presumption that you are committing an illegal act.

AC Enterprises vs. Frabelle Properties, G.R.NO.166744,Nov. 02,2006

Who has the authority when it comes to noise pollution?

Noise pollution is not within the Pollution Adjudication Board, since it has only authority over
pollution of water and pollution of air. It does not include noise pollution.

Noise = nuisance. What to file: Civil action. Who has the authority: The Court.

La Bugal-B’laan Tribal Association vs. Ramos, G.R. No. 127882. Jan. 27, 2004

Sec 2 Article 12.

May the State enter into a financial and technical assistance agreement with foreign owned
corporations? (Yes)

MCQ’s
Stockholm declaration is the foundation of Modern Environmentalism which paved the way for
further understanding of Global Warming.
What Law or what international rules govern the seas or the marine natural resources / aquatic
resources / define EEZ? (UNCLOS)
Sustainability is the process of using natural resources wisely.
Is timber license a contract? Matter of right or privilege?
What is slash and burn cultivation (Kaingin?)
May the owner of a private land where there is water, appropriate water? (Yes, if for domestic
use)
Who has the authority/jurisdiction with regard to appropriation utilization and control of water
(Natural Water Resources Council)
What government agency, how do you call an area to maintain essential ecological processes and
life support system? (National Integrated Protected Area System - NIPAS) (107 protected
areas)
IPRA

True or False
Exclusive Economic zone has jurisdiction? No. Only rights
Biodiversity is important in the environment. True
Ermita vs. Magallona. The adjustment of baseline does not shorten the territory of the
Philippines. True

EEZ (no jurisdiction or sovereignty),

Continental Shelf (how far can I state a coastal or archipelagic 370 km (200 nautical miles) from
baseline,
Territorial waters (the state has jurisdiction and sovereignty)
Section 15, right to health

Case: Cruz vs. Sec of DENR, G.R. No. 13538. Dec. 6, 2000
Under that law, the national commission on Indigenous People where given authority to issue a
certificate on Ancestral Domain Title. But this is not a land title. Land title can only be issued by
Land registration Authority. This only recognizes the right on Ancestral Domain.
Domain include the land, but this is not a title to the land. Normally those land that are covered
by domain are owned by the state. Kadalasan nasa forest ito. It is inalienable.

What is the best way to mitigate climate change in the Philippines?

Stop using coal.
Which agency is tasked to issue Certificate on Ancestral Domain
NCIP (National Commission on Indigenous People)
What is the biggest contributor to human cost greenhouse gas emission?
Energy burning or energy consumption or burning of fossil fuels.

Under Philippine Clean Air Act or Water

The filing of administrative action does not bar the filing the criminal or civil action.
Administrative action is independent. Baka tanungin kayo hehe.
There is an administrative action, but may a citizen still file a civil action for damages or
criminal action for prohibited acts? Yes.
Most significant provision of fisheries Code: Food security.
Dolomite: used for whitening the beach? No, for beach ornaments.