Environmental Law Notes

Environmental Law Notes
1. Introduction to Environmental Law in the Philippines
What is Environmental Law?
Environmental Law in the Philippines: Protecting the Nation's Resources and Future.
Environmental law in the Philippines is a comprehensive set of legal principles, regulations, and policies
aimed at protecting the environment and ensuring its sustainable use for present and future
generations. It addresses crucial issues like:
Key areas of focus:
 Resource management: Sustainable management of forests, water, minerals, and biodiversity.

 Pollution control: Regulating and minimizing air, water, and land pollution.
 Environmental impact assessment: Evaluating potential environmental impacts before implementing
projects.
 Climate change mitigation and adaptation: Addressing the challenges posed by climate change.
 Public participation: Enabling citizens to participate in environmental decision-making.
Importance of environmental law:
 Protects public health and well-being: Clean air, water, and a healthy environment are essential for
human health and quality of life.
 Preserves natural resources: Ensures sustainable use of resources for future generations and avoids
irreversible damage.
 Promotes economic development: A healthy environment attracts investments and supports
sustainable economic growth.
 Contributes to global environmental efforts: The Philippines, as a part of the international
community, has a responsibility to protect the planet.
Sources of environmental law:
 Constitution: Articles XII and XIV provide the foundation for environmental protection.
 Republic Acts: Specific laws tackle diverse aspects like air quality, clean water, waste
management, and protected areas.
 Presidential Decrees: Lay down key policies and frameworks, like PD 1151 on Philippine
Environmental Policy.
 Administrative Orders and Department Regulations: Further detail and implement broader laws.
 International Agreements: Treaties like the Convention on Biological Diversity influence national law.
 Jurisprudence: Landmark court decisions shape interpretation and implementation of environmental
law.
Challenges and opportunities:
 Weak enforcement: Effective implementation requires strengthening institutions and addressing

corruption.
 Resource constraints: Insufficient resources hinder management and enforcement.
 Balancing development and environment: Finding sustainable solutions is crucial.
Opportunities for progress:
 Empowering communities: Increase public participation and community-based management.

 Promoting innovation: Utilize technology and green practices for sustainability.
 Enhancing collaboration: Foster partnerships between government, businesses, and civil society.
a) Historical Development and Evolution
Historical Development and Evolution of Environmental Law in the Philippines:

The Philippines' journey with environmental law has been a dynamic one, marked by significant milestones and ongoing
challenges. Here's a chronological look at its evolution:
Pre-colonial era:
 Traditional societies practiced customary laws aimed at preserving resources and maintaining ecological balance.
 No formal environmental legislation existed.
Spanish colonial era (1521-1898):
 Introduction of the Regalian Doctrine, asserting state ownership of natural resources.

 Emphasis on resource extraction for colonial interests, with limited environmental considerations.
American colonial era (1898-1946):
 Focus shifted towards establishing forestry regulations and protected areas.

 First environmental laws enacted, including the Public Land Act (1903) and the Forest Act (1916).
 Limited enforcement and growing environmental degradation.
Early independence (1946-1970s):
 Piecemeal approach to environmental law, mainly focused on specific resources like wildlife and forestry.
 Lack of comprehensive environmental framework and enforcement mechanisms.
 Increasing environmental concerns due to rapid economic development and population growth.
Environmental awakening (1970s-1990s):
 Global environmental movement, growing public awareness, and major environmental disasters (e.g., Marcos
logging industry) spurred action.
 Presidential Decree 1151 (Philippine Environmental Policy) in 1977 laid the foundation for comprehensive
environmental management.
 Enactment of landmark laws like the Philippine Clean Air Act (1999) and the Philippine Clean Water Act
(2004).
 Creation of the Department of Environment and Natural Resources (DENR) in 1987.
21st century and beyond:
 Continued legislative efforts, including the National Integrated Protected Areas System (NIPAS) Act
(1992) and the Climate Change Act (2009).
 Increased focus on community-based resource management, environmental impact assessments, and public
participation.
 Ongoing challenges include weak enforcement, corruption, resource conflicts, and balancing development with
environmental protection.
Key milestones:
 Oposa v. Factoran (1993): Landmark Supreme Court case recognizing the "intergenerational right to a healthy
environment," inspiring similar rulings worldwide.
 Designation of environmental courts nationwide (2008).
 Adoption of the Sustainable Development Goals (SDGs) in 2015.
Important to note:
 The evolution of environmental law is influenced by social, political, and economic factors.
 Despite progress, implementation and enforcement remain critical challenges.
 The journey towards a more sustainable future requires collective effort from the government, communities, and
individuals.
In the Philippines, the Regalian Doctrine is a significant principle in Environmental Law, specifically impacting land-use
and resource management.
Origins:
 Rooted in Spanish colonial law, it translates to "royal rights" and reflects the Crown's claim to ownership of all
lands and resources not demonstrably held privately.
Core Principle:
 The State is presumed to own all lands and resources not demonstrably in private hands. This includes:
o Forests
o Mineral deposits
o Water bodies
o Public lands
Implications:
 Individuals or entities seeking ownership or access to such resources require government permission through
grants, licenses, or permits.
 The State holds responsibility for managing and protecting these resources for the public good.
Environmental impact:
 The Regalian Doctrine can be used to protect the environment by restricting access to sensitive areas and
regulating resource extraction.
 However, it can also hinder the recognition of indigenous land rights and communities' traditional resource
management practices.
Current debates:
 The doctrine's compatibility with modern environmental principles and indigenous rights are contested.
 Calls for reform focus on balancing state control with community rights and sustainable resource management.
Important to note:
 The Regalian Doctrine is enshrined in the Philippine Constitution (Article XIV, Sections 2, 8, and 10).
 It interacts with other environmental laws and policies, shaping land-use decisions and resource management
practices.
- “Regalian Doctrine”
Origins:
Core Principle:
o Forests
o Mineral deposits
o Water bodies
o Public lands
Implications:
Current debates:
Important to note:
practices.
- Art. XII, Sec. 2 of the 1987 Constitution

All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands,
all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the
full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the
grant.
- PD 1151 Philippine Environmental Policy Act

 7 sections
 Nature: Policy statement outlining the general principles and goals of Philippine environmental protection.
 Focus: Sets the direction and framework for environmental management.
 Key concepts:
o National environmental policy: Emphasizes sustainable development, social responsibility, and
intergenerational equity for environmental protection.
o Right to a healthy environment: While not explicitly stated, lays the foundation for future interpretations
and legal developments.
o Environmental impact assessment: Introduces the requirement for considering environmental impacts
of projects.
o Public participation: Encourages community involvement in environmental decision-making.
 Strengths: Provides a broad vision and guiding principles for environmental protection.
 Limitations: Doesn't provide specific regulations or enforcement mechanisms.
- PD 1152 Philippine Environmental Code


 Nature: Comprehensive codification of specific environmental laws and regulations.
 Focus: Establishes detailed rules and standards for environmental management and pollution control.
 Key areas:
o Air quality management
o Water quality management
o Land use management
o Solid waste management
o Hazardous waste management
o Protected areas
o Environmental impact assessment procedures
 Strengths: Provides clear and enforceable regulations for various environmental issues.
 Limitations: Not as focused on overarching policy and long-term vision.
Key distinctions:
 Purpose: PD 1151 sets the policy direction, while PD 1152 implements it through specific rules.
 Content: PD 1151 is more general in principles and goals, while PD 1152 is more specific in regulations and
standards.
 Specificity: PD 1152 outlines clear and concrete actions, while PD 1151 encourages broader approaches.
 Enforcement: Both rely on other laws and regulations for enforcement mechanisms.
Analogy: Think of PD 1151 as the constitution for environmental protection, laying out the overarching principles and
goals. PD 1152 acts as the statutes implementing these principles with specific rules and regulations.
Both PDs are crucial for comprehensive environmental governance in the Philippines. PD 1151 provides the vision and
direction, while PD 1152 translates it into actionable measures. Understanding their distinctions helps grasp the broader
framework of environmental law in the country.
2. State Policies and Constitutional provisions relating to environment
Art. II, Sec. 16 environmental rights

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
Art. II, Sec. 15 State Policy right to health
The State shall protect and promote the right to health of the people and instill health consciousness among them.
Art. III, Sec. 1 Right to Life (not only to live but to have a good life)
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection
of the laws.
Art. XII, Sec. 2 Lands of Public domain

All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands,
all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the
full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the
grant.
3. Principles and concepts

Regalian Doctrine/State ownership
Origins:
Core Principle:
o Forests
o Mineral deposits
o Water bodies
o Public lands
Implications:
Current debates:
Important to note:
practices.
Environmental Degradation
Environmental Degradation: A Deterioration of Our Planet
Environmental degradation refers to the weakening and decline of the natural environment. This includes:
 Depletion of resources: Overuse and unsustainable practices can lead to the depletion of natural resources like
air, water, soil, forests, and minerals.
 Pollution: Contamination of air, water, and soil with harmful substances disrupts ecosystems and damages
human health.
 Habitat destruction: Clearing forests, wetlands, and other natural areas for development destroys habitats for
countless species, leading to biodiversity loss.
 Climate change: The emission of greenhouse gases traps heat, causing global warming and its associated
impacts like rising sea levels, extreme weather events, and ocean acidification.
Importance of Environmental Degradation:

Environmental degradation is critically important because it directly affects:
 Human health: Polluted air and water can cause respiratory problems, waterborne diseases, and other health
issues. Climate change impacts food security, water availability, and increases the risk of heatstroke and natural
disasters.
 Biodiversity: Habitat loss and other pressures push numerous species towards extinction, which disrupts
ecosystems and the vital services they provide.
 Economic well-being: Degraded ecosystems often struggle to provide resources like clean water, fertile soil, and
timber, impacting livelihoods and economic activities.
 Security and stability: Resource scarcity and climate change can contribute to conflicts and
displacement, destabilizing regions and societies.
Addressing environmental degradation is crucial for a sustainable future. It requires:
 Individual action: Making conscious choices like reducing consumption, conserving resources, and using
sustainable products.
 Policy changes: Governments can implement stricter environmental regulations, support renewable energy, and
invest in conservation efforts.
 Technological advancements: Developing innovative solutions for clean energy, pollution control, and resource
management.
 Collaboration: Collective action from individuals, businesses, and governments is essential for tackling this
global challenge.
Understanding the importance of environmental degradation motivates us to take action and contribute to a
healthier planet for ourselves and future generations.
The Precautionary Principle
The Precautionary Principle is a key principle in environmental law that promotes taking proactive measures to prevent
environmental harm, even when there is scientific uncertainty about the exact risks. In simpler terms, it's the "better
safe than sorry" approach applied to environmental protection.
Here are the key aspects of the Precautionary Principle:
Elements:
 Threat of serious or irreversible damage: There must be a reasonable suspicion that a particular activity or
situation could cause significant and long-lasting harm to the environment.
 Scientific uncertainty: While scientific evidence may not conclusively demonstrate the harm, there should be
enough reason for concern.
 Taking precautionary measures: Despite the uncertainty, it's considered responsible to take preventative
actions to avoid potential harm.
 Proportionality and cost-effectiveness: The chosen measures should be proportional to the potential harm and
not impose excessive costs.
Significance:
 Proactive approach: It allows addressing potential environmental dangers before they materialize and become
harder to manage.
 Addressing limitations of science: Science can't always provide absolute certainty, especially regarding
complex environmental systems. The Precautionary Principle helps bridge this gap.
 Shifting burden of proof: Traditionally, the burden of proving harm fell on those trying to prevent an activity. The
Precautionary Principle shifts this burden, requiring justification for proceeding when potential risks exist.
Examples:
 Banning harmful chemicals: Even if the long-term health effects of a chemical are uncertain, it might be banned
based on potential risks.
 Limiting development in sensitive areas: Construction projects in delicate ecosystems might be restricted
despite incomplete knowledge of specific impacts.
 Reducing greenhouse gas emissions: Taking action to combat climate change despite uncertainties about its
exact consequences.
Implementation:
 The Precautionary Principle is enshrined in various international environmental agreements and national laws, but
its specific application can vary.
 Balancing precaution with economic interests and scientific evidence is a crucial challenge in implementing the
principle.
Criticisms:
 Some argue that the Precautionary Principle can stifle economic development and technological innovation.
 Defining "serious or irreversible damage" and determining appropriate measures can be subjective and open to
debate.
Overall:
The Precautionary Principle represents a valuable tool for protecting the environment when faced with uncertainty.
However, its implementation requires careful consideration, balancing precaution with practicality and ensuring fairness
for all stakeholders.
Environmental Justice
Environmental justice is a broad term encompassing both a social movement and a set of principles focused on
ensuring just and equitable treatment for all people with respect to the environment. Here's a breakdown of its key
aspects:
Core principles:
 Fair treatment: Everyone, regardless of race, income, nationality, or other factors, deserves equal protection
from environmental hazards and pollution.
 Meaningful involvement: Communities should have a say in decisions that affect their environment, including
policy-making, planning, and enforcement.
 Disproportionate burdens: Addressing the issue of communities often bearing the brunt of environmental harm
while lacking access to the benefits of a healthy environment.
Key areas of focus:
 Location of polluting industries: Communities with lower socio-economic standing are often disproportionately
located near hazardous waste sites, polluting factories, and other environmental burdens.
 Access to clean air, water, and land: Disparities exist in access to clean air, safe drinking water, and healthy
land for living, recreation, and subsistence.
 Exposure to environmental hazards: Certain communities might face higher exposure to environmental
hazards like toxic chemicals, pesticides, and climate change impacts.
 Decision-making and representation: Ensuring marginalized communities have a voice in environmental
decision-making processes and are included in planning and enforcement.
Importance of environmental justice:
 Promotes fairness and protects vulnerable communities from disproportionate environmental risks.
 Contributes to achieving broader environmental goals by addressing systemic inequalities that hinder progress.
 Empowers communities to advocate for their environmental rights and participate in building sustainable
solutions.
Examples of environmental justice movements:
 Fighting against the siting of polluting facilities in low-income communities.

 Advocating for access to clean drinking water and sanitation in marginalized areas.
 Engaging in community-based environmental monitoring and data collection.
 Pushing for policies that address climate change impacts equitably.
Challenges and ongoing efforts:
 Achieving environmental justice requires addressing systemic racism, economic inequality, and historical
injustices.
 Effective enforcement of environmental regulations and community engagement remain crucial challenges.
 Continuous efforts are needed to raise awareness, build partnerships, and advocate for policies that promote
environmental justice principles.
By understanding and addressing environmental justice, we can work towards a more equitable and sustainable
future for all.
- Stockholm Declaration of 1972 (right to a healthy environment)
Stockholm Declaration of 1972

While the Stockholm Declaration of 1972 doesn't explicitly state a "right to a healthy environment," it laid significant
groundwork for this concept and holds several important facts worth remembering:
Key facts:
 First Global Conference on the Environment: It marked the first time the international community recognized
environmental protection as a major global issue.
 26 Principles: The Declaration established 26 guiding principles for environmental protection and sustainable
development.
 Principle 1: While often misconstrued as directly establishing a right to a healthy environment, it states humans
"have the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality
that permits a life of dignity and well-being, and bear a solemn responsibility to protect and improve the
environment for present and future generations." This laid the foundation for future interpretations and legal
developments regarding environmental rights.
 Shifting Responsibility: It emphasized the responsibility of states to address environmental concerns
domestically and transnationally.
 Pollution Control: It stressed the need for international cooperation to prevent pollution of air, water, and land.
 Economic Development: It recognized the link between economic development and environmental
protection, advocating for sustainable practices.
 Public Participation: It encouraged public participation in environmental decision-making.
 Impact on Future Declarations: The Stockholm Declaration paved the way for later landmark documents like the
Rio Declaration in 1992, which explicitly included the right to development in a healthy environment.
Importance:
 Landmark Document: It marked a turning point in international environmental awareness and cooperation.
 Foundation for Environmental Rights: While not directly establishing the right, it laid the groundwork for its
future recognition.
 Comprehensive Approach: It addressed various environmental issues holistically, including
pollution, development, and public participation.
It's important to note:
 The interpretation and implementation of the Stockholm Declaration's principles, including Principle 1, have
evolved over time.
 While not legally binding, its principles have significantly influenced international environmental law and national
legislation.
 The Declaration still plays a crucial role in guiding global environmental efforts and advocating for a healthy
environment for all.
- Rio Declaration of 1992
The Rio Declaration, formally known as the Rio Declaration on Environment and Development, was a landmark
document adopted at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro,
Brazil, in 1992. It aimed to address the growing environmental concerns and chart a path towards sustainable
development.
Key points of the Rio Declaration:
 Sustainable development: It established the principle of sustainable development, emphasizing the need to
meet present needs without compromising the ability of future generations to meet their own needs.
 Environmental protection: It recognized that environmental protection is an integral part of sustainable
development and cannot be considered in isolation.
 Precautionary principle: It advocated for the precautionary principle, stating that lack of scientific certainty
should not be used to postpone measures to prevent environmental damage.
 Integration: It emphasized the need to integrate environmental considerations into all aspects of decision-
making, including economic and social policies.
 Global responsibility: It acknowledged the shared responsibility of all countries for protecting the environment
and achieving sustainable development.
Significance to Philippine Environmental Law:
The Rio Declaration has significantly influenced Philippine environmental law in several ways:
 Constitutional Basis: The principles of the Rio Declaration are reflected in the Philippine Constitution,
particularly in Article XII (Ecology and Natural Resources) and Article XIV (Social Justice and Human Rights).
 Legislative Framework: Many subsequent environmental laws in the Philippines, such as the Philippine Clean
Air Act and the Philippine Clean Water Act, draw inspiration and guidance from the Rio Declaration principles.
 Policy Development: The Rio Declaration has informed the development of various environmental policies and
programs in the Philippines, including the National Sustainable Development Strategy.
 International Cooperation: The Philippines' participation in the Rio Declaration has facilitated its involvement in
international environmental agreements and initiatives, promoting global cooperation on environmental issues.
Examples of the Rio Declaration's impact:
 The Oposa v. Factoran case (1993) recognized the "intergenerational right to a healthy environment," drawing
inspiration from the Rio Declaration's emphasis on sustainability.
 The Philippine Agenda 21, a national action plan for sustainable development, was adopted in response to the
Rio Declaration's call for action.
 The National Integrated Protected Areas System (NIPAS) Act (1992) reflects the Rio Declaration's principle of
biodiversity conservation.
Overall, the Rio Declaration has played a significant role in shaping and strengthening Philippine environmental
law, promoting a more sustainable future for the country.
Here are some additional points to consider:
 While the Rio Declaration is not a legally binding document, its principles have been widely accepted and have
influenced national and international environmental governance.
 The Philippines still faces challenges in implementing the Rio Declaration's principles, such as weak enforcement
of environmental laws and limited resources.
 Continued efforts are needed to fully realize the vision of sustainable development outlined in the Rio Declaration.
Is Environmental Law in the Philippines remedial or prohibitory?

The Philippines' Environmental Law operates on both remedial and prohibitory principles, aiming to both repair past
environmental damage and prevent future harm. Here's a breakdown:
Remedial aspects:
 Restoration initiatives: Laws mandate restoration of areas damaged by illegal logging, mining, and other
activities. Examples include the Forest Management Bureau's rehabilitation programs and the Philippine
Mine Rehabilitation Fund.
 Pollution control and cleanup: Legislation like the Clean Air Act and Clean Water Act set standards and
require polluters to implement measures to remediate environmental harm.
 Compensation mechanisms: Laws like the Ecological Solid Waste Management Act (RA 9003) establish
funds for environmental damage compensation.
Prohibitory aspects:
 Environmental Impact Assessments (EIAs): Projects with potential environmental impact require EIAs and may
be prohibited if deemed harmful.
 Licensing and regulation: Activities like logging, mining, and waste disposal are subject to strict licensing and
regulations designed to prevent environmental damage.
 Penalties for violations: Environmental laws impose fines, imprisonment, and other penalties for activities like
illegal logging, dumping, and wildlife poaching.
Combined approach:
 The combined use of remedial and prohibitory measures aims to achieve sustainable environmental
management. Repairing past damage serves as a deterrent for future violations, while prevention minimizes the
need for future remediation.
Challenges:
 Effective implementation and enforcement of both aspects remain challenging due to resource
constraints, corruption, and weak institutional capacity.
 Achieving a true balance between remediation and prevention requires ongoing efforts towards strengthening
enforcement, promoting environmental awareness, and fostering community participation.
Overall:
The Philippines' Environmental Law employs a multi-pronged approach, combining remedial and prohibitory measures to
address environmental challenges. Balancing both aspects effectively is crucial for achieving long-term sustainability and
protecting the Philippines' natural resources.
The concept, nature, and sources, as well as the evolution process of Environmental Laws in the Philippines
Concept:
Environmental law in the Philippines encompasses a comprehensive body of legal principles, regulations, and
policies aimed at protecting the environment and ensuring its sustainable use for present and future generations.
It covers various aspects, including:
 Resource management: Sustainable management of resources like forests, water, minerals, and biodiversity.
 Pollution control: Regulations and standards to minimize air, water, and land pollution.
 Environmental impact assessment: Evaluating the potential impact of activities on the environment before
implementing them.
 Climate change mitigation and adaptation: Addressing the challenges posed by climate change.
 Public participation: Allowing citizens to participate in environmental decision-making.
Nature:
Environmental law in the Philippines is dynamic and evolving, influenced by various factors:
 International environmental agreements: The Philippines is a party to numerous international agreements that
set standards and obligations for environmental protection.
 Constitutional provisions: The Philippine Constitution includes provisions concerning environmental protection
and the State's responsibility to safeguard ecological integrity.
 Legislation: A wide range of national laws address specific environmental issues like forestry, water
quality, waste management, and protected areas.
 Jurisprudence: Court decisions interpret and apply environmental laws, shaping their implementation and
evolving understanding.
 Customary law and community-based management practices: Recognizing and integrating traditional
knowledge and practices in environmental governance.
Sources:
The primary sources of environmental law in the Philippines include:
 The 1987 Constitution: Articles XII (Ecology and Natural Resources) and XIV (Social Justice and Human Rights)
lay the foundation for environmental protection.
 Republic Acts: Major environmental laws include the Philippine Clean Air Act, Philippine Clean Water
Act, Ecological Solid Waste Management Act, and National Integrated Protected Areas System Act.
 Presidential Decrees: Decrees like Presidential Decree 1151 (Philippine Environmental Policy) established
key environmental policies and structures.
 Administrative Orders and Department Regulations: Issued by various government agencies like the
Department of Environment and Natural Resources (DENR) to implement broader laws and policies.
 International Agreements: Treaties and agreements like the Convention on Biological Diversity and the UN
Framework Convention on Climate Change influence national environmental law.
 Jurisprudence: Landmark court decisions like Oposa v. Factoran (recognizing the intergenerational right to a
healthy environment) shape environmental practice.
Evolution Process:
The development of environmental law in the Philippines can be traced through several key stages:
 Pre-colonial Era: Traditional practices and customary laws focused on preserving resources and maintaining
ecological balance.
 Spanish Colonial Era: Introduction of the Regalian Doctrine asserting State ownership of natural resources, with
limited environmental considerations.
 American Colonial Era: Focus shifted towards establishing forestry regulations and protected areas, but
enforcement remained weak.
 Early Independence (1946-1970s): Piecemeal approach with limited environmental framework and enforcement
mechanisms.
 Environmental Awakening (1970s-1990s): Growing awareness, major environmental disasters, and global
movements led to:
o Presidential Decree 1151: Laying the foundation for comprehensive environmental management.
o Enactment of landmark laws: Addressing air, water, waste, and other environmental concerns.
o Creation of DENR: Centralizing environmental governance.
 21st Century and Beyond: Continued legislative efforts, focus on community-based management, environmental
impact assessments, and public participation.
Challenges and Opportunities:

While progress has been made, challenges remain:
 Weak enforcement: Implementing and enforcing laws effectively requires strengthening institutions and
addressing corruption.
 Resource constraints: Insufficient resources hinder effective environmental management and enforcement.
 Balancing development and environmental protection: Finding sustainable solutions that address both
economic needs and environmental well-being.
Despite these challenges, opportunities exist to strengthen environmental law in the Philippines:
 Empowering communities: Increasing public participation and community-based management.
 Promoting innovative solutions: Utilizing technology and green practices for sustainable development.
 Enhancing collaboration: Fostering partnerships between government, businesses, and civil society.
By understanding the concept, nature, sources, and evolution of environmental law in the Philippines, we can contribute to
its further development and effective implementation, securing a healthier and more sustainable future for all.
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National Environmental Protection Council (PD 1121)
On 8th day of April 1977, Ferdinand Marcos ordered the Creation of the National Environmental Protection Council. There is hereby
created a National Environmental Protection Council, hereinafter referred to as the "Council, which shall be under the supervision
and control of the President of the Philippines.
Philippine Environmental Policy (PD 1151)
On 6th day of June 1979, Ferdinand Marcos ordered the Philippine Environmental Policy. to create, develop, maintain and improve
conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social,
economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an
environmental quality that is conducive to a life of dignity and well-being.
Philippine Environmental Code of 1977 (PD 1152)
On 6th day of June 1977, Ferdinand Marcos ordered the decree known and cited as the "Philippine Environment Code."
I. AIR QUALITY MANAGEMENT:
(a) to achieve and maintain such levels of air quality as to protect public health; and
(b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social
and economic development of the country.
II. WATER QUALITY MANAGEMENT

to protect and improve the quality of Philippine water resources through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water resources, and
(d) responsibilities for surveillance and mitigation of pollution incidents.
II. LAND USE MANAGEMENT

(a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive
therefrom maximum benefits; and
(b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation's needs
and such resources
IV. NATURAL RESOURCES MANAGEMENT AND CONSERVATION

(a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum
benefits therefrom and to preserve the same for the future generations; and
(b) to provide general measures through which the aforesaid policy may be carried out effectively.
V. Energy Development
The national government, through the Energy Development Board, shall undertake an energy development program encouraging
the utilization of invariant sources such as solar, wind and tidal energy.
Measures for energy development program may include, but shall not be limited to, the following:
(a) setting up of pilot plants utilizing invariant sources of energy;
(b) training of technical personnel for purposes of energy development; and
(c) conducting researches aimed at developing technology for energy development.
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MMDA, et. al. vs. Concerned Citizens of Manila Bay, GR Nos. 171947-48, December 2008.
Facts:
 The Concerned Residents of Manila Bay filed a complaint with the Regional Trial Court (RTC) against the
petitioners for the cleanup, rehabilitation, and preservation of Manila Bay.
 They alleged that the water quality of the bay had fallen significantly due to various factors, including pollution
from industries, households, and agricultural runoff.
 The petitioners argued that they already had existing programs and initiatives related to Manila Bay, and that they
could not be compelled to undertake a specific project through a mandamus petition.
Issue:
Whether Sec. 17 and 20 of P.D. 1152 relate only to the cleaning of specific pollution incidents and [do] not cover cleaning
in general. No
Whether the cleaning or rehabilitation of the manila bay is a ministerial act of petitioners that can be compelled by
mandamus. Yes
Ruling:
 The Supreme Court ruled in favor of the Concerned Residents of Manila Bay.
 The Court held that the petitioners, by virtue of their respective mandates and functions, are duty-bound to protect
and preserve the environment, including Manila Bay.
 The Court recognized that the water quality of Manila Bay had severely deteriorated and posed health risks and
environmental damage.
 It emphasized the need for a comprehensive and coordinated effort by all government agencies to address the
problem.
Court's Orders:
 The Supreme Court directed the petitioners to:

o Clean up, rehabilitate, and preserve Manila Bay;
o Conduct a comprehensive inventory and mapping of all sources of pollution affecting the bay;
o Prepare and implement a comprehensive Manila Bay Rehabilitation Program;
o Submit regular reports to the Court on the progress of their efforts.
Significance of the Case:
 This case is a landmark decision that emphasized the government's responsibility to protect and preserve the
environment.
 It set a precedent for holding government agencies accountable for addressing environmental degradation.
 The Court's orders have significantly impacted the ongoing efforts to clean up and rehabilitate Manila Bay.
Additional Notes:
 The Supreme Court conducted oral arguments on this case in August 2023 to assess the progress made by the
petitioners and discuss further actions needed for Manila Bay's rehabilitation.
 The case remains significant as a reminder of the importance of environmental protection and the need for
collaborative efforts to address environmental challenges.
Identification of Constitutional Provisions on the Environment and Ecology

Article XI - General Provisions:
- Section 1: "The State shall protect the integrity of its natural resources and environment and utilize them
rationally and equitably for the common good." This establishes the State's responsibility for
environmental protection and sustainable resource management.
Article XII - Ecology and Natural Resources:
This entire article focuses on environmental and ecological issues. Key sections include:
- Section 1: Declares the State's responsibility to protect and promote the right to health and a balanced and
healthful ecology.
- Section 2: Requires the State to conserve and protect natural resources like air, water, and land.
- Section 3: Recognizes the role of the people and their organizations in protecting and maintaining the
environment.
- Section 4: Mandates the State to prioritize renewable energy sources and promote environmental sustainability.
- Section 5: Requires the State to protect and rehabilitate ancestral lands and ancestral domain.
- Section 6: Prohibits the exploration, development, and utilization of nuclear energy.
Article XIV - Social Justice and Human Rights:
- Section 14: Recognizes the right of individuals and communities to a healthy environment. This section is crucial
for legal actions and interpretations regarding environmental rights.
Other relevant provisions:
- Article II - Declaration of Principles and State Policies: Sections 5, 15, and 16 touch upon environmental
concerns like conservation, natural disasters, and cultural heritage.
- Article VI - Legislative Power: Section 16 authorizes Congress to enact laws for the conservation and utilization
of natural resources.
Importance of these provisions:
These constitutional provisions provide the legal basis and framework for environmental laws and policies in the
Philippines. They establish the State's responsibility, emphasize the importance of a healthy environment, and recognize
the rights of individuals and communities.
Limitations:
While the Constitution provides a solid foundation, it lacks specific details and enforcement mechanisms. Legislation and
policies are necessary to translate these principles into concrete actions.
Remember:
Understanding and utilizing these constitutional provisions is crucial for advocating for environmental protection, holding
the State accountable, and securing a more sustainable future for the Philippines.
Oposa vs. Factoran, 224 SCRA 792 GR. No. 101083 July 30. 1993
Facts:
- Minors, represented by their parents, sued then-Secretary of Environment Fulgencio Factoran Jr.
- They challenged the issuance of logging permits, alleging it violated their right to a balanced and healthful ecology under
the 1987 Philippine Constitution.
- They argued that logging destroys forests, essential for their future and future generations' wellbeing.
Issue:
- Whether minors have the right to sue on behalf of future generations to protect the environment?
- Whether the petitioners can invoke their rights under Sec. 16 Art 2 of the Constitution? - Yes
Ruling:
- Yes. The Supreme Court recognized the right to a balanced and healthful ecology as a fundamental right, not just for the
present generation but also for future generations.
- This established the concept of intergenerational responsibility, highlighting the duty of the present generation to preserve
the environment for future generations.
- The Court allowed the minors to sue even though they weren't directly harmed, recognizing the inherent nature of
environmental rights and the potential future injury.
Significance:
 This landmark decision laid the foundation for environmental jurisprudence in the Philippines.
 It established the legal standing of future generations in environmental cases.
 It influenced similar cases worldwide, promoting intergenerational equity in environmental protection.
Director of Lands vs. CA, GR. No. 112567 February 7. 2000

Facts:
- Aquilino Cariño filed a petition for registration of a sugar land in Barrio Sala, Cabuyao, Laguna in 1975.
- Cariño claimed that the land was originally owned by his mother and later administered by him on behalf of his
siblings.
- In 1949, Cariño and his brother became co-owners of the land through an extra-judicial partition.
- In 1963, sole ownership of the land was adjudicated to Cariño.
- The trial court granted Cariño's petition, but the Director of Lands Management Bureau (petitioner) appealed to
the Court of Appeals, which affirmed the decision.
- The petitioner then filed a petition for review with the Supreme Court.
Issue:
Whether Cariño provided sufficient proof of ownership and possession of the land for the required period of time.
Ruling:
No. Cariño provided insufficient proof of ownership and possession of the land for the required period of time.
The Supreme Court ruled in favor of the petitioner, Director of Lands.
The burden is on the petitioner to show open, continuous, exclusive, and adverse possession of the land for at least 30
years prior to the filing of the petition for confirmation of title.
Cariño could only trace his possession of the land to 1949, and he failed to provide sufficient evidence to substantiate his
claim that his mother possessed the land prior to 1911.
Republic vs. Dela Paz, GR. No. 171631 November 15, 2010
Facts:
The case involves a petition filed by the Republic of the Philippines to set aside the registration and confirmation of title
over a parcel of land in Taguig, Metro Manila.
The respondents, Avelino R. dela Paz, Arsenio R. dela Paz, Jose R. dela Paz, and Glicerio R. dela Paz, filed an application
for registration of the land in the Regional Trial Court (RTC) of Pasig City.
They claimed to have acquired the land through a transfer from their parents and have been in continuous possession
since 1987.
The respondents submitted various documents to support their application, including a survey plan and tax declarations.
The Republic opposed the application, arguing that the respondents failed to prove their possession and occupation of
the land since June 12, 1945, and that the land is part of the public domain.
Issue:
Whether the respondents have been in open, continuous, exclusive, and notorious possession and occupation of the
land since June 12, 1945. No
Whether the land is part of the alienable and disposable portion of the public domain. No
Ruling:
The Supreme Court granted the petition and denied the application for registration and confirmation of title.
The Court held that the respondents failed to prove their possession and occupation of the land since June 12, 1945, as
required by law.
The evidence presented by the respondents, including testimonies and tax declarations, was deemed insufficient to
establish their claim of ownership.
Additionally, the Court found that the respondents failed to provide clear and incontrovertible evidence that the land is
part of the alienable and disposable portion of the public domain.
The surveyor's annotation on the survey plan was deemed insufficient to prove the land's classification.
Therefore, the Court concluded that the land remained part of the inalienable public domain.
Ratio:
The Court based its decision on the Regalian doctrine, which states that all lands of the public domain belong to the State
unless shown to be clearly within private ownership.
The burden of proof is on the applicant for registration to establish that the land is alienable and disposable.
In this case, the respondents failed to provide sufficient evidence to overcome the presumption of State ownership.
The Court emphasized that the evidence must be clear, positive, and convincing.
The surveyor's annotation and tax declarations presented by the respondents were deemed insufficient to establish the
land's classification and their possession since June 12, 1945.
Therefore, the Court denied the application for registration and confirmation of title.
Additional readings:
Knights of Rizal v. DMCI Homes, G.R. No. 213948, April 25, 2017
Facts:
Issue:
Ruling:
North Greenhills Association, Inc. v. Morales, G.R. No. 222821, August 9, 2017
Facts:
Issue:
Ruling:
Parayno v. Jovellanos, G.R. No. 148408, July 14, 2006, 495 SCRA 85
Facts:
Issue:
Ruling:
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II.
1. Department of Environment and Natural Resources (DENR)
The Department of Environment and Natural Resources (DENR) is responsible for the formulation and
implementation of policies, guidelines, and rules related to environmental management, as well as the
management and conservation of the country’s natural resources. The DENR also implements rules and
regulations governing the exploration, development, extraction, disposition, and use of forests, minerals,
wildlife, and other natural resources.
The following agencies are attached to the DENR:

Environmental Management Bureau
Mines and Geo-Sciences Bureau
National Mapping and Resources Information Authority
National Water Resources Board
Palawan Council for Sustainable Development
Laguna Lake Development Authority
Natural Resources Development Corp.
Pasig River Rehabilitation Commission
Philippine Reclamation Authority
Philippine Forest Corporation
Philippine Mining Development Corporation
-Reorganization of the DENR (E.O. 192 of 1987)
SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the Department
of Environment and Natural Resources.
SECTION 2. Reorganization. The Department of Environment, Energy and Natural Resources is hereby
reorganized structurally and functionally and renamed as the Department of Environment and Natural
Resources, hereinafter referred to as Department, in accordance with the provisions of this Executive Order.
SECTION 3. Declaration of Policy. It is hereby declared the policy of the State to ensure the sustainable use,
development, management, renewal, and conservation of the country’s forest, mineral, land, off-shore areas
and other natural resources, including the protection and enhancement of the quality of the environment, and
equitable access of the different segments of the population to the development and use of the country’s
natural resources, not only for the present generation but for future generations as well. It is also the policy of
the state to recognize and apply a true value system including social and environmental cost implications
relative to their utilization, development and conservation of our natural resources.
- Organizational Structure of the DENR
-Powers and functions of the DENR Secretary
SECTION 7. Secretary of Environment and Natural Resources. The authority and responsibility for the exercise of the
mandate of the Department, the accomplishment of its objectives and the discharge of its powers and functions shall be
vested in the Secretary of Environment and Natural Resources, hereinafter referred to as Secretary, who shall supervise
the Department and shall be appointed by the President. For such purposes, the Secretary shall have the following
functions:
(a) Advise the President on the promulgation of rules, regulations and other issuances relative to the conservation,
management, development and proper use of the country’s natural resources;
(b) Establish policies and standards for the efficient and effective operations of the Department in accordance with the
programs of the government;
(c) Promulgate rules, regulations and other issuances necessary in carrying out the Department’s mandate, objectives,
policies, plans, programs and projects;
(d) Exercise supervision over all functions and activities of the Department;
(e) Delegate authority for the performance of any administrative or substantive function to subordinate officials of the
Department;
(f) Perform other functions as may be provided by law or assigned appropriately by the President.
SECTION 8. Office of the Secretary. The Office of the Secretary shall consist of the Secretary and his immediate staff.
Delegated Functions of the DENR
The Department of Environment and Natural Resources (DENR) in the Philippines is tasked with a broad range of
responsibilities related to environmental protection and natural resource management. These responsibilities are further
divided into delegated functions, which are assigned to various bureaus and offices within the DENR. Here are some key
delegated functions of the DENR:
Forest Management:
 Forest Land Management Bureau (FLMB): Responsible for sustainable forest management, including
reforestation, rehabilitation, protection, and conservation of forest lands.
 Protected Areas and Wildlife Bureau (PAWB): Manages protected areas like national parks, wildlife
sanctuaries, and ancestral domains, focusing on biodiversity conservation and sustainable use.
Land Management:
 Land Management Bureau (LMB): Deals with land use planning, conversion, and classification, ensuring
sustainable land use practices.
Water Resource Management:
 National Water Resources Board (NWRB): Oversees water resource management, including water rights,
allocation, and regulation of water utilization.
Pollution Control:
 Environmental Management Bureau (EMB): Implements environmental laws and regulations concerning air,
water, and land pollution control, issuing permits and conducting environmental impact assessments.
Mines and Geosciences:
 Mines and Geosciences Bureau (MGB): Regulates the exploration, development, and utilization of mineral
resources, ensuring responsible mining practices and environmental protection.
Other Relevant Functions:
 Biodiversity Management Bureau (BMB): Oversees the conservation and protection of biodiversity, including
endangered species and ecosystems.
 Climate Change Service (CCS): Coordinates national efforts on climate change mitigation and adaptation.
 Foreign-Assisted and Special Projects Service (FASPS): Manages and implements environmental projects
funded by international organizations and donors.
Importance of Delegated Functions:
 Dividing responsibilities into specific functions allows for specialization and expertise within different areas of
environmental management.
 This structure ensures more efficient and effective execution of various environmental tasks and programs.
RED, RTD, PENRO, CENRO

a. RED - Regional Executive Director
A Regional Office shall be headed by a Regional Executive Director (with the Rank of Regional Director) and shall
be assisted by five (5) Regional Technical Directors (with the Rank of Assistant Regional Director) each for
Forestry, Land Management, Mines and Geo-Sciences, Environmental Management and Ecosystems Research.
The Regional Executive Directors and Regional Technical Directors shall be Career Executive Service Officers.
b. RTD - Regional Technical Director
c. PENRO - Provincial Environment and Natural Resources

The natural resources provincial and community offices shall absorb, respectively, the functions of the district
offices of the bureaus, which are hereby abolished in accordance with Section 24 (b) hereof. The provincial and
community natural resource office shall be headed by a provincial natural resource officer and community natural
resource officer, respectively.
d. CENRO - Community Environment and Natural Resources Office
e. MENRO – Municipal Environment and Natural Resources Office
2. National Water and Air Pollution Control Commission
The National Water and Air Pollution Control Commission (NWAPCC) was a government agency in the Philippines
created in 1964 by Republic Act No. 3931. Its primary goal was to protect and preserve the quality of Philippine air and
water resources.
Key Responsibilities:
 Develop and implement water quality standards: Set guidelines for acceptable levels of pollutants in bodies of
water based on their intended use (e.g., drinking, fishing, recreation).
 Monitor and control water pollution: Issue permits, inspect facilities, and take enforcement actions against
polluters.
 Develop and implement air quality standards: Set guidelines for clean air and acceptable emission levels for
various pollutants.
 Monitor and control air pollution: Conduct air quality sampling, issue permits for emissions, and enforce air
pollution regulations.
 Provide technical assistance: Assist industries and local government units in complying with environmental
regulations.
 Educate the public: Raise awareness about water and air pollution issues and solutions.
Limitations and Evolution:
While the NWAPCC played a crucial role in early efforts towards environmental protection, it faced limitations, including
weak enforcement and limited resources. These limitations, along with the growing scope of environmental challenges in
the Philippines, led to its eventual replacement.
In 1976, the NWAPCC was absorbed into the National Pollution Control Commission (NPCC), expanding its scope
to include other forms of pollution like noise and toxic waste.
Later, in 1987, the Department of Environment and Natural Resources (DENR) was created to further consolidate
these environmental functions. The DENR and its attached agencies, such as the Environmental Management Bureau
(EMB), are now responsible for the tasks previously handled by the NWAPCC.
- RA No. 393
Republic Act No. 393, enacted on June 18, 1949, condones the payment of interests due on friar lands within the Talisay-
Minglanilla Estate in the Province of Cebu. The period covered by the condonation is from January 1, 1942, to March 10,
1945.
3. Special Government Agencies:
Laguna Lake Development Authority
The Laguna Lake Development Authority (LLDA) is a government agency attached to the Department of Environment
and Natural Resources (DENR) in the Philippines. It is responsible for the preservation, development, and
sustainability of Laguna de Bay and its 21 major tributary rivers.
Key functions of the LLDA:
 Resource management: Implements measures to protect and manage the natural resources of Laguna de Bay,
including water, fisheries, and biodiversity.
 Pollution control: Develops and enforces regulations to prevent and control water pollution in Laguna de Bay.
 Watershed management: Manages the Laguna Lake watershed through reforestation, soil conservation, and
other programs.
 Fisheries regulation: Issues permits and regulates fishing activities to ensure sustainable management of fish
stocks.
 Socio-economic development: Initiates and supports programs for the economic and social development of
communities around Laguna de Bay.
 Law enforcement: Conducts patrols, investigates environmental violations, and enforces environmental laws and
regulations within its jurisdiction.
Importance of the LLDA:
Laguna de Bay is the largest freshwater lake in the Philippines and plays a critical role in providing water supply, irrigation,
fisheries, and livelihood for millions of people. The LLDA's work is crucial for:
 Ensuring the water quality of Laguna de Bay: This directly impacts the health and well-being of millions who
rely on the lake for drinking water, sanitation, and recreation.
 Protecting biodiversity: The lake supports a rich ecosystem of flora and fauna, which the LLDA works to
conserve through various programs.
 Supporting sustainable development: The LLDA aims to balance environmental protection with economic
development, ensuring the lake's resources are utilized sustainably for future generations.
Pollution Adjudication Board
The Pollution Adjudication Board (PAB) is a quasi-judicial body within the Department of Environment and Natural
Resources (DENR) in the Philippines. It is tasked with the adjudication of pollution cases based on violations of
environmental laws and regulations.
Responsibilities of the PAB:
 Hear and decide on cases related to violations of:

o Republic Act 3931: The Water Quality Management Act (previously known as the Philippine Water
Pollution Control Law)
o Presidential Decree 984: The Pollution Control Law
o Other environmental laws and regulations issued by the DENR and other relevant agencies
 Investigate complaints and conduct hearings to gather evidence, determine facts, and reach a decision.
 Impose appropriate penalties on violators, including:
o Fines: Financial penalties based on the severity of the violation
o Cancellation of permits: Revocation of permits to operate facilities found to be in violation
o Cease and desist orders: Directing violators to stop their polluting activities
 Provide remedies to complainants who have suffered damages due to pollution.
Importance of the PAB:

 The PAB plays a crucial role in enforcing environmental laws and regulations by holding polluters accountable
for their actions.
 It contributes to protecting the environment by deterring future violations and ensuring compliance with
environmental standards.
 The PAB also serves as a venue for environmental justice by providing complainants with a platform to seek
redress for damages caused by pollution.
Limitations and Challenges:
 The PAB faces backlogs and delays in case resolution, which can hinder its effectiveness in addressing
environmental issues promptly.
 There may be limited access to legal representation for communities and individuals affected by pollution,
making it difficult for them to enforce their environmental rights.
Overall, the Pollution Adjudication Board remains a vital component of the Philippines' environmental governance
framework, playing a key role in enforcing environmental laws, seeking justice for environmental violations, and ultimately
protecting the environment for future generations.
LTFRB
The LTFRB is responsible for promulgating, administering, enforcing, and monitoring compliance of policies, laws, and regulations of
public land transportation services.
Protected Area Management Board (PAMB)
The Protected Area Management Board (PAMB) is an important body established under the Expanded
National Integrated Protected Areas System (ENIPAS) Act (Republic Act No. 11038) in the Philippines. It
plays a crucial role in the effective management and protection of designated protected areas throughout
the country.
Composition of the PAMB:
 The PAMB is composed of various stakeholders, including:

o Chairperson: Regional Executive Director of the Department of Environment and Natural
Resources (DENR) in the region where the protected area is located.
o Government representatives: Representatives from relevant national government agencies
and local government units (LGUs).
o Civil society organizations (CSOs): Representatives from NGOs and people's organizations
with expertise or interest in the protected area.
o Indigenous cultural communities (ICCs): Representatives from ICCs residing within or
adjacent to the protected area.
o Private sector representatives: In some cases, representatives from the private sector may
also be included.
Key functions of the PAMB:
 Develop and implement the Protected Area Management Plan (PAMP): This plan guides the overall
management and protection of the protected area, outlining specific strategies and actions for achieving
its conservation goals.
 Review and approve permits and licenses: The PAMB reviews and grants permits for various
activities within the protected area, such as research, tourism, and infrastructure development, ensuring
these activities are conducted sustainably and minimize negative impacts.
 Monitor and evaluate the effectiveness of the PAMP: The PAMB regularly evaluates the
effectiveness of the PAMP and makes necessary adjustments to ensure its ongoing success.
 Resolve conflicts: The PAMB acts as a forum for resolving conflicts and issues related to the
management and utilization of the protected area.
 Promote awareness and participation: The PAMB promotes public awareness and encourages the
participation of stakeholders in the conservation and management of the protected area.
Importance of the PAMB:
 The PAMB fosters collaborative governance by bringing together government agencies, local
communities, and other stakeholders to work together for the common goal of protecting the
environment.
 The inclusive composition of the PAMB ensures that diverse perspectives and interests are
considered in decision-making, leading to more effective and sustainable management of protected
areas.
 The PAMB's authority to approve permits and licenses allows for stricter control over activities
within protected areas and reduces the risk of environmental damage.
Challenges faced by the PAMBs:
 Limited resources: Effective management of protected areas requires adequate funding for personnel,
equipment, and implementation of conservation programs.
 Capacity building: Building the capacity of PAMB members and stakeholders on protected area
management, conflict resolution, and participatory decision-making is crucial.
 Ensuring stakeholder participation: Ensuring effective and meaningful participation of all
stakeholders, particularly marginalized communities, can be challenging.
Overall, the Protected Area Management Board plays a vital role in safeguarding the ecological integrity and
cultural significance of protected areas in the Philippines. Continuous efforts are needed to address existing
challenges and strengthen the effectiveness of PAMBs for long-term conservation success.
Role of LGUs
In the Philippines, local government units (LGUs) play a critical role in environmental protection and sustainability. Their
responsibilities are established through various legal frameworks, including the Constitution, the Local Government
Code (LGC) of 1991, and specific environmental laws like the Philippine Environmental Impact Statement System
(PEIS) Act. Here's a breakdown of their key roles:
1. Policy and Planning:
 Develop and implement Local Environment Plans (LEPs): These plans outline strategies and actions for
environmental protection and sustainability within the LGU's jurisdiction.
 Integrate environmental considerations into local development plans: Ensuring development plans consider
the environment's carrying capacity and promote sustainable practices.
 Enact local environmental ordinances: LGUs can enact ordinances stricter than national laws, tailoring them to
address specific local environmental issues.
2. Regulation and Enforcement:
 Issue permits and licenses for activities with environmental implications: This allows LGUs to regulate and
control activities that might impact air, water, and land resources.
 Conduct environmental impact assessments (EIAs) for local projects: LGUs are responsible for conducting
EIAs for projects within their jurisdiction that may have significant environmental impacts, ensuring sustainable
development practices.
 Enforce environmental laws and regulations: LGUs can issue fines, revoke permits, and file legal actions
against violators of environmental laws within their jurisdiction.
3. Resource Management:
 Protect and manage natural resources: This includes managing forests, watersheds, and other natural
resources within their jurisdiction through sustainable practices.
 Implement waste management programs: Establish systems for collecting, segregating, recycling, and
disposing of waste to minimize environmental pollution.
 Promote biodiversity conservation: LGUs can participate in programs for the conservation of flora and fauna
within their localities.
4. Public Participation and Awareness:
 Promote public awareness and education on environmental issues: This involves engaging communities in
environmental decision-making and encouraging sustainable practices in daily life.
 Support community-based environmental initiatives: Collaborate with local communities to develop and
implement projects related to conservation, waste management, and resource management.
5. Collaboration and Coordination:
 Coordinate with national agencies like the DENR: Work together on environmental programs and initiatives,
ensuring coherence and effectiveness of national and local efforts.
 Partner with civil society organizations and the private sector: Collaborate with other stakeholders to access
expertise, resources, and support for environmental initiatives.
E.O 192 of 1987
1. Full Name: Executive Order No. 192, Providing for the Reorganization of the Department of Environment, Energy and
Natural Resources, Renaming it as the Department of Environment and Natural Resources and for Other Purposes.
Corazon C. Aquino, President of the Philippines Date Issued: June 10, 1987
Purpose:
 Reorganize the Department of Environment, Energy and Natural Resources (DEENR).

 Rename the DEENR as the Department of Environment and Natural Resources (DENR).
 Define the structure and functions of the DENR, including its various bureaus, staff offices, attached agencies,
and field offices.
 Establish the mandate and vision of the DENR for environmental protection and natural resource management.
Key Points:
 Established the DENR: E.O 192 formally created the DENR as the primary government agency responsible for
environmental protection and natural resource management in the Philippines.
 Defined DENR Functions: The order outlined the specific functions of various bureaus within the DENR, such as
the Environmental Management Bureau (EMB), the Forest Management Bureau (FLMB), and the Protected Areas
and Wildlife Bureau (PAWB).
 Declared Policy: E.O 192 declared the State's policy on environmental protection, emphasizing:
o Sustainable use, development, management, renewal, and conservation of the country's natural
resources.
o Protection and enhancement of environmental quality.
o Equitable access to natural resources for different sectors of the population.
 Foundation for Future Legislation: E.O 192 laid the groundwork for subsequent environmental laws and
regulations in the Philippines.
Significance:
 E.O 192 is a landmark piece of legislation that established the institutional framework for environmental
governance in the Philippines.
 It defined the roles and responsibilities of the DENR in managing and protecting the country's environment and
natural resources.
 E.O 192 continues to serve as a foundation for ongoing efforts towards environmental protection and
sustainable development in the Philippines.
RA No. 393 ???
REPUBLIC ACT NO. 9003
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING
PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known as the “Ecological Solid Waste Management Act of 2000.”
SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to adopt a systematic,
comprehensive and ecological solid waste management program which shall:
(a) Ensure the protection of public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage
resource conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste
minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before
collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in
accordance with ecologically sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the
formulation and adoption of the best environmental practice in ecological waste management excluding incineration;
(e) Promote national research and development programs for improved solid waste management and resource
conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery;
(f) Encourage greater private sector participation in solid waste management;
(g) Retain primary enforcement and responsibility of solid waste management with local government units while
establishing a cooperative effort among the national government, other local government units, non-government
organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators through the application of market-based
instruments;
(i) Institutionalize public participation in the development and implementation of national and local integrated,
comprehensive and ecological waste management programs; and
(j) Strengthen the integration of ecological solid waste management and resource conservation and recovery
topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and
action among the citizenry.
Ysmael vs. Deputy Secretary, October 1990
Facts:
Issue:
Ruling:
Mustang Lumber Inc. vs. CA, Factoran, GR. No. 104988

Facts:
Issue:
Ruling:
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Public Land Act
Government Land, Public Land, Lands of Public Domain
Classification of Lands
Modes of Disposition
None Registrable Properties
Forest Land
Watersheds
Mangrove Swamps
Mineral Lands
Natural Parks and Protected areas
Military and Naval Reservations
Foreshore Lands and Reclaimed Lands
Submerged Areas
Lakes, Navigable Rivers, Creeks
Amunategui vs. Director of Forestry, GR No. L-27873, November 29, 1983
Facts:
Roque Borre and Melquiades Borre filed an application for registration of title to a parcel of land known as Lot No. 885
in the cadastral survey of Pilar, Capiz.
The Heirs of Jose Amunategui opposed the application, claiming ownership of a portion of the land (527,747 square
meters).
The Director of Forestry also filed an opposition, claiming that the entire Lot No. 885 was classified as forest land and
therefore not subject to registration as private property.
Issue:
Whether the Heirs of Jose Amunategui could claim ownership of a portion of the land classified as forest land.
Ruling:
The Supreme Court dismissed the petitions of both the Heirs of Jose Amunategui and Roque Borre and
Melquiades Borre.
The Court ruled that the land in question was classified as forest land and therefore remained part of the public
domain.
The Court clarified that forest land does not lose its classification simply because it may lack forest cover due
to factors like logging or kaingin (slash-and-burn) agriculture.
The Court emphasized the importance of protecting forest lands for their ecological and economic value.
Significance:
 This case established a precedent for classifying and protecting forest lands in the Philippines.
 It clarified that mere possession or cultivation of forest land does not establish ownership rights if the land is
classified as public domain.
 The case emphasized the responsibility of the government to protect and conserve forest resources.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Revised Forestry Code of the Philippines (PD No. 705)

with attention to :
Sections 3 (c), (q), (cc), (dd), (ee), (ff), 15-16, 20, 27, 68
SECTION 1. Title of this Code. – This decree shall be known as the “Revised Forestry Code of the Philippines.”
SECTION 2. Policies. – The State hereby adopts the following policies:
a) The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the
advancement of science and technology, and the public welfare;
b) Land classification and survey shall be systematized and hastened;
c) The establishment of wood-processing plants shall be encouraged and rationalized; and
d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive
condition.
SECTION 3. Definitions. –
a) Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for
the determination of which lands are needed for forest purposes and which are not.
b) Permanent forest or forest reserves refers to those lands of the public domain which have been the subject of the present system
of classification and declared as not needed for forest purposes.
c) Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of
classification and declared as not needed for forest purposes.
d) Forest lands includes the public forest, the permanent forest or forest reserves, and forest reservations.
e) Grazing land refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and
vegetation, for the raising of livestock.
f) Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in
accordance with prescribed and approved criteria, guidelines and procedure.
g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or
purposes.
h) National park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from
settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild
animals or plants therein, and to provide enjoyment of those features in such a manner as will leave them unimpaired for future
generations.
i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals, birds and fish and closed to
hunting and fishing in order that the excess population may flow and restock surrounding areas.
j) Marine park refers to any public offshore area delimited as habitat of rare and unique species of marine flora and fauna.
k) Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful
activities.
l) Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or
reduce sedimentation.
m) Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-
off.
n) Critical watershed is a drainage area of a river system supporting existing and proposed hydro-electric power, irrigation works or
domestic water facilities needing immediate protection or rehabilitation.
o) Mangrove is a term implied to the type of forest occurring on tidal flat along the sea coast, extending along stream where the
water is brackish.
p) Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation.
q) Forest products means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other
forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic
resources in forest lands.
r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan, tanguile, tiaong, white lauan,
almon, bagtikan and mayapis of the Philippine mahogany group, apitong and the yakals.
s) Pine forest as a forest type predominantly of pine trees.
t) Industrial tree plantation refers to any forest land extensively planted to three crops primarily to supply raw material requirements
of existing or proposed wood processing plants and related industries.
u) Tree farm refers to any small forest land or tract of land purposely planted to tree crops.
v) Agro-forestry is a sustainable management for land which increases overall production, combines agriculture crops, tree crops and
forest plants and/or animals simultaneously or sequentially, and applies management practices which are compatible with the
cultural patterns of the local population.
w) Multiple-use is the harmonized utilization of the land, soil, water, wildlife, recreation value, grass and timber of forest lands.
x) Selective logging is the systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate
number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for
the protection and conservation of soil, water and wildlife.
y) Seed tree system is a silvicultural system characterized by partial clearcutting leaving seed- trees to regenerate the area.
z) Healthy residual refers to a sound or slightly injured tree of the commercial species left after logging.
aa) Sustained-yield management implies continuous or periodic production of forest products in a working unit for the purpose of
achieving at the earliest practicable time an approximate balance between growth and harvest or use. This is generally applied to the
commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest.
bb) Processing plant is any mechanical setup, device, machine or combination of machines used for the conversion of logs and other
forest raw materials into lumber, veneer, plywood, fiberboard, blockboard, paper board, pulp, paper or other finished wood
products.
cc) Lease is a privilege granted by the State to a person to occupy and possess, in consideration of specified rental, any forest land of
the public domain in order to undertake any authorized activity therein.
dd) License is a privilege granted by the State to a person to utilize forest resources within any forest land, without any right of
occupation and possession over the same, to the exclusion of others, or establish and operate a wood-processing plant, or conduct
any activity involving the utilization of any forest resources.
ee) License agreement is a privilege granted by the State to a person to utilize forest resources within any forest land with the right
of possession and occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to
develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement.
ff) Permit is short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a
limited activity within any forest land without any right of occupation and possession therein.
gg) Annual allowable cut is the volume of materials, whether of wood or other forest products, that is authorized to be cut yearly
from a forest.
hh) Cutting cycle is the number of years between two major harvests in the same working unit and/or region.
ii) Forest ecosystem refers to the living and non-living components of a forest and their interaction.
jj) Silviculture is the establishment, development, reproduction and care of forest trees.
kk) Rationalization is the organization of a business or industry using management principles, systems and procedures to attain
stability, efficiency and profitability of operation.
ll) Forest officer means any official or employee of the Bureau who has been appointed or delegated by law or by competent
authority to execute, implement or enforce the provisions of this Code, other related laws, as well as their implementing regulations.
mm) Private right means or refers to titled rights of ownership under existing laws, and in the case of national minority to rights of
possession existing at the time a license is granted under this Code, which possession may include places of abode and worship,
burial grounds, and old clearings, but exclude productive forest inclusive of logged-over areas, commercial forests and established
plantations of the forest trees and trees of economic values.
nn) Person includes natural as well as juridical person.
Cases:
Mustang Lumber Inc. vs. CA, Factoran, GR. No. 104988

Facts:
Issue:
Ruling:
Ratio:
Merida vs. People, 554 SCRA 366, GR. No. 158182 June 12, 2008
Case: This is a petition for review of the Decision dated 28 June 2002 and the Resolution dated 14 May 2003 of the
Court of Appeals. The 28 June 2002 Decision affirmed the conviction of petitioner Sesinando Merida (petitioner) for
violation of Section 68, Presidential Decree No. 705 (PD 705), as amended by Executive Order No. 277. The
Resolution dated 14 May 2003 denied admission of petitioner's motion for reconsideration.
Facts:
On 23 December 1998, Tansiongco learned that petitioner cut a narra tree in the Mayod Property. Tansiongco reported
the matter to Florencio Royo (Royo), the punong barangay of Ipil. On 24 December 1998,7 Royo summoned petitioner to
a meeting with Tansiongco. When confronted during the meeting about the felled narra tree, petitioner admitted cutting
the tree but claimed that he did so with the permission of one Vicar Calix (Calix) who, according to petitioner, bought the
Mayod Property from Tansiongco in October 1987 under a pacto de retro sale. Petitioner showed to Royo Calix's written
authorization signed by Calix's wife
Merida denied the accusation, claiming he had permission from the property owner, Calix, to cut the tree.
Issue:
Whether Sesinando Merida was guilty of violating Section 68 of Presidential Decree No. 705, as amended, for cutting
down the narra tree without a permit.
Ruling:
Yes. Merida was guilty of violating Section 68 of Presidential Decree No. 705, as amended, for cutting down the narra
tree without a permit.
Trial Court: Found Merida guilty based on his repeated extrajudicial admissions of cutting the tree. The Court
disregarded Merida's defense of denial as the extrajudicial admissions were considered strong evidence.
Court of Appeals: Upheld the trial court's decision and ordered the confiscation of the seized lumber by the
government. The Court of Appeals agreed with the trial court's assessment of the evidence, finding Merida's
extrajudicial admissions to be reliable.
Supreme Court: Dismissed Merida's petition, upholding the decisions of the lower courts.
Reasoning:
The Supreme Court agreed with the lower courts that Merida's repeated extrajudicial admissions about cutting the
tree without a permit constituted sufficient evidence to prove his guilt.
The Court highlighted the importance of considering extrajudicial admissions as evidence, especially when they
are consistent and appear to be made voluntarily.
The Court also emphasized the need to protect the environment and ensure compliance with environmental
regulations, such as the requirement for permits to cut trees.
Significance:
 This case highlights the importance of considering extrajudicial admissions as evidence in court proceedings.
 It emphasizes the need for individuals to be mindful of their statements regarding potential legal matters.
 The case also reinforces the importance of protecting the environment and complying with environmental
regulations.
The S.C. AFFIRM the Decision dated 28 June 2002 and the Resolution dated 14 May 2003 of the Court of Appeals
with the modification that petitioner Sesinando Merida is sentenced to four (4) months and one (1) day of arresto
mayor, as minimum, to three (3) years, four (4) months and twenty-one (21) days of prision correcional, as maximum.
Paat vs. CA, Baculi, 266 SCRA 167, GR. No. 111107 January 10, 1997
Facts:
Issue:
Ruling:
Ratio:
Lalican v. Vergara, G.R. No. 108619, July 31, 1997, 276 SCRA 518
Facts:
Issue:
Ruling:
Ratio:
Cresencion v. People, G.R. No. 20515, November 9, 2014

Facts:
Issue:
Ruling:
Ratio:
Republic v. Pagadian City Timber Co., G.R. No. 159308, September 16, 2008, 565 SCRA 260
Facts:
Ruling:
Issue:
Ratio:
Revaldo v. People, G.R. No. 170589, April 16, 2009
Facts:
Issue:
Ruling:
Ratio:

Environmental Law Notes

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Environmental Law Notes

1. Introduction to Environmental Law in the Philippines

What is Environmental Law?

Key areas of focus:

 Resource management: Sustainable management of forests, water, minerals, and biodiversity.

Importance of environmental law:

Sources of environmental law:

Challenges and opportunities:

 Weak enforcement: Effective implementation requires strengthening institutions and addressing

Opportunities for progress:

 Empowering communities: Increase public participation and community-based management.

a) Historical Development and Evolution

Historical Development and Evolution of Environmental Law in the Philippines:

Spanish colonial era (1521-1898):

 Introduction of the Regalian Doctrine, asserting state ownership of natural resources.

American colonial era (1898-1946):

 Focus shifted towards establishing forestry regulations and protected areas.

Early independence (1946-1970s):

Environmental awakening (1970s-1990s):

21st century and beyond:

- Art. XII, Sec. 2 of the 1987 Constitution

- PD 1151 Philippine Environmental Policy Act

- PD 1152 Philippine Environmental Code

2. State Policies and Constitutional provisions relating to environment

Art. II, Sec. 16 environmental rights

Art. XII, Sec. 2 Lands of Public domain

3. Principles and concepts

Environmental Degradation: A Deterioration of Our Planet

Importance of Environmental Degradation:

Addressing environmental degradation is crucial for a sustainable future. It requires:

The Precautionary Principle

Here are the key aspects of the Precautionary Principle:

Key areas of focus:

Importance of environmental justice:

Examples of environmental justice movements:

 Fighting against the siting of polluting facilities in low-income communities.

Challenges and ongoing efforts:

- Stockholm Declaration of 1972 (right to a healthy environment)

Stockholm Declaration of 1972

It's important to note:

Key points of the Rio Declaration:

Significance to Philippine Environmental Law:

Examples of the Rio Declaration's impact:

Here are some additional points to consider:

Is Environmental Law in the Philippines remedial or prohibitory?

Challenges and Opportunities:

National Environmental Protection Council (PD 1121)

Philippine Environmental Policy (PD 1151)

Philippine Environmental Code of 1977 (PD 1152)

II. WATER QUALITY MANAGEMENT

II. LAND USE MANAGEMENT

IV. NATURAL RESOURCES MANAGEMENT AND CONSERVATION

 The Supreme Court directed the petitioners to:

Significance of the Case:

Identification of Constitutional Provisions on the Environment and Ecology

Article XII - Ecology and Natural Resources:

Article XIV - Social Justice and Human Rights:

Other relevant provisions:

Importance of these provisions:

Director of Lands vs. CA, GR. No. 112567 February 7. 2000

The Supreme Court ruled in favor of the petitioner, Director of Lands.

The following agencies are attached to the DENR: