NEW ERA UNIVERSITY
No. 9 Central Ave., Diliman, QC
LAW ON NATURAL RESOURCES AND OTHER
ENVIRONMENTAL LAWS
1st Semester, SY 2015 – 2015
Schedule: Monday, 8:00PM to 10:00PM
Atty. Jonas Leones
Undersecretary – DENR
Midterm Exam
1.
Government Lands
Government lands are lands owned by the
government which may be classified into (a) lands of public
domain, either alienable or inalienable, or (b) lands of private
domain.
2.
Public Lands
Public land is a subset of government land which
are lands intended for public use. It.
3.
Doctrine of Primary Jurisdiction
Doctrine of Primary Jurisdiction – the courts will
not resolve controversy involving question which is within
the jurisdiction of an administrative tribunal especially where
the question demands the knowledge, experience and
services of administrative tribunal to determine technical and
intricate matter of fact.
4.
5.
Homestead Settlement
Homestead Settlement is a mode of disposition of
land by which a qualified beneficiary is granted with a portion
of land of public domain in exchange of cultivation efforts.
Exhaustion of Administrative Remedy
Doctrine of Exhaustion of Administrative
Remedy provides that court action will not prosper until all
the remedies have been exhausted at administrative level. It
simply deprives the plaintiff of a cause of action, which is a
ground for a motion to dismiss.
6.
Imperfect Title
Imperfect Title is a scenario in which a vested right
under a bona-fide ownership is acquired over the land in the
absence of a Torrens Title
7.
Foreshore Lands
Foreshore land is a strip of land that lies between
the high and the low watermarks that is alternately wet and
dry.
8.
Vested Right
Vested right is some right or interest in the
property which has become fixed and established and no
longer open to doubt or controversy by any parties or
regulation. This vested right over a property may not be
altered or deprived by executive fiat alone without
contravening the due process guarantees of the constitution.
9.
Ordinary Registration Proceedings
Ordinary Registration Proceeding is a
proceeding for registration of ‘unregistered’ land filed in RTC,
initiated by those who, by themselves or through their
predecessors-in-interest, have been in open, continuous,
exclusive and notorious possession and occupation of
alienable and disposable lands of the public domain under a
bona fide claim of ownership since June 12, 1945, or earlier.
10. Cadastral Registration Proceedings
Cadastral proceedings is a government initiated
proceeding for compulsory registration of ‘unregistered’ land
by filing petition against holder/ claimant, otherwise, they
lose their right to own their property.
11. Critical Watershed
Critical Watershed is a drainage area of a river
system supporting existing and proposed hydro-electric
power and irrigation works needing rehabilitation.
12. Kaingin
Kaingin is a farming method in a portion of the
forest land which is subject to slash-and-burn cultivation
having little or no provision to prevent soil erosion.
13. Forest Land
Forest Land is a type of land under the constitution
which is beyond the commerce of man and may not be
alienated or disposed. It includes public forest, permanent
forest and forest reservations.
14. Laches
Laches is based on the maxim that "equity aids the
vigilant and not those who slumber on their rights." It is a
failure or neglect for an unreasonable time to assert a right,
warranting a presumption that the party entitled thereto has
either abandoned on declined it.
15. Financial or Technical Assistance or Agreement
A Financial or Technical Assistance Agreement is
a contract involving financial or technical assistance for largescale exploration, development, and utilization of natural
resources, in which the collection of government share shall
commence after the contractor has fully recovered its preoperating expenses. In case of FTAA, any legally-organized
foreign-owned corporation is deemed a “qualified person.”
16. Ore Transport Permit
Ore Transport Permit is a permit specifying the
origin and quantity of non-processed mineral ores from mine
site to warehouse.
17. Exploration Permit
Exploration permit grants a qualified person the
right to conduct exploration for all minerals in specified area.
18. Filipino Owned Corporation
Filipino-Owned Corporation refers to a
corporation owned by Filipino shareholders of at least 60%
ownership.
19. Multiple Use Management
Multiple use management provides that only
utilization, exploitation, occupation or possession of natural
resources that will produce optimum benefits, with least
injury, shall be allowed.
20. Principle of Intergenerational Responsibility
Principle of Intergenerational Responsibility
provides that man bears a solemn responsibility to protect
and improve the environment for present and future
generations. Essentially, the principle means that we hold the
natural resource treasures of the earth in trust for the benefit,
enjoyment and use of the generations of humankind yet to
come.
Problems
1. Regalian Doctrine v. Doctrine of Native Titles
Regalian Doctrine is enshrined in Article XII,
Section 2 of the 1987 Constitution which provides that all
lands of public domain, including its natural resources, belong
to the state. All lands not appearing to be of public domain
presumptively belong to the state.
On the other hand, Doctrine of Native Titles
provides that that indigenous people may obtain recognition
of their right over ancestral lands and ancestral domain by
virtue of a native title.
Both provision is harmonized in the doctrine
enshrined in Cruz v. DENR, which provides that the ancestral
domains are areas owned by the indigenous people since time
immemorial, hence, these were never part of public domain.
Since these lands were never a part of public domain,
therefore, they are not covered by the Regalian Doctrine.
2.
Discuss the forms of mineral agreement: Co-production
Agreement, Joint Venture Agreement and Production Sharing
Agreement
Under Section 2, Article XII of the Constitution, the
State may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or
1
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 25 years, renewable for not
more than 25 years.
Co-production agreement is an agreement
between government and a contractor where the government
will share inputs on mining operations other than minerals.
Meanwhile, in joint venture agreement, the
government enters into a business venture to set-up a firm in
which share of equity and gross revenue is expected.
On the other hand, a production-sharing
agreement is where a government provides an exclusive
grant to a corporation for the utilization of natural resources
in exchange of taxes or royalties.
3.
4.
5.
Is A liable under Forestry Code for cutting trees within his
ancestral land?
Yes. A is liable under Forestry code. Under the law,
cutting and removing of trees/timber without necessary
permit from DENR, regardless of ownership or location of the
trees, is punishable by law. It is also in consonance with
Regalian doctrine that all lands of public domain and natural
resources are owned by the state.
In the case at bar, although the land of A is an
ancestral domain, the trees planted over the land is still
subject to the Forestry Code which prohibits the cutting done
by A. Therefore, A is liable under the penal provisions of the
Forestry Code, equivalent to the penalty of qualified theft as
the case may be.
Is mere possession of trees/timber liable under forestry
code?
Yes. Mere possession of trees/timber without
necessary permit from DENR is a prima facie evidence of
violation of the Forestry Code. Perpetrators liability will be
equivalent to that of qualified theft, as the case may be.
GENERAL RULE ON PRIVATE LANDS

Private lands can only be transferred or conveyed to:
1. Filipino Citizen
2. Corporations or associations incorporated in the
Philippines, at least 60% of capital is owned by
Filipino Citizen

Exception on the general rule:
1. In intestate succession, where an alien heir of a
Filipino is the transferee of private land
2. A natural born citizen of the Philippines who has lost
his Philippine citizenship may be a transferee of
private land, subject to limitation provided by law.
Hence, land can be used only for residential purposes.
In this case, he only acquires derivative title.
3. Foreign states may acquire land only for embassy and
staff residential purposes.

Filipino citizenship is only required at the time the land is
acquired. Thus, loss of citizenship after acquiring the land
does not deprive ownership.

Restriction against aliens only applies to ownership.
Therefore:
1. Aliens may be lessees or usufructuaries of private
lands
2. Aliens may be mortgagors of land, as long as they do
not obtain possession thereof and do not bind
foreclosure sale.

Land tenure is not indispensable to the free exercise of
religious profession and worship. A religious corporation
controlled by non-Filipinos cannot acquire and own land,
even for religious purposes

Remedies to recover private lands from disqualified aliens
(provided that the alien has not passed ownership to
qualified person yet):
1. Escheat proceedings
2. Action for reversion under Public Land Act
3. An action by the former Filipino owner to recover the
land.
(Remarks: Pari delicto principle has been abandoned.)
What us the jurisdiction of MTC in land registration
proceedings?
Application for registration shall be heard in RTC.
However, MTC has the delegated jurisdiction to hear and
determine cadastral or land registration cases in the
following instances:
1.
2.
6.
corporation may validly own the land since private lands are
alienable and not part of the public domain.
Where the lot sought to be registered is not the subject
of the controversy
Value of the lot does not exceed P100,000.00
What are the instances when an aggrieved party be allowed
to file directly to court without exhaustion of administrative
remedy?
1.
2.
3.
When there is a violation of due process
When the issue involved is purely question of law
When the administrative action is patently illegal
amounting to lack or excess of jurisdiction
4. When there is estoppel on the part of the administrative
agency concerned
5. When there is irreparable injury.
6. When the respondent is department secretary whose
acts as an alter ego of the President bears the implied and
assumed approval of the latter
7. When to require exhaustion of administrative remedies
would be unreasonable
8. When it would amount to the nullification of the claim
9. When the subject matter is a private land in land case
proceedings
10. When the rule does not provide a plain, speedy and
adequate remedy
11. When there are circumstances indicating the urgency of
judicial intervention
7.
May a private corporation acquire ownership over lands of
public domain?
As a general rule, corporation is not allowed to own
lands of public domain. However, the only way for a Filipino
Corporation to own lands of public domain is thru adverse
possession under bona fide ownership of a predecessor in
interest. Hence, if a land is already a private land, a
2
CA 141: Public Land Act
Article I of 1987 Constitution. National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein, and
all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between,
and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.
Differentiate Imperium v. Dominium
Imperium is the State’s authority to govern. It covers
such activities as passing laws governing a territory, maintaining
peace and order, and defending it against foreign invasion. On the
other hand, dominium is the capacity to own or acquire property.
It covers such rights as title to land, exploitation and use of it, and
disposition or sale of the same. Regalian Doctrine is under the
realm of dominium.
What are the natural resources of the State?
The natural resources of the State are:
[1]All
lands of the public domain
waters
[3]minerals
[4]coal
[5]petroleum
[6]other mineral oils
[2]
[7]all
forces of potential energy
fisheries
[9]forests or timber
[10]wildlife
[11]flora and fauna
[12]other natural resources
[8]
Who are the Indigenous people?
Indigenous People refer to a group of people who have
continuously lived as an organized community on communally
bounded and defined territory. These groups of peoples have
actually occupied, possessed and utilized their territories under
claim of ownership since time immemorial.
Differentiate ancestral land v. ancestral domain
Ancestral land refers to the land occupied by the
individual families and clans who are member of indigenous
cultural community since time immemorial.
Ancestral domain, on the other hand, is defined as areas
generally belonging to industrial communities.
What are the classification of lands?
1. In general:
I. Lands of Public Domain (a.k.a Public Land)
A. Alienable
1. Agricultural Land
B. Non-Alienable
1. Forest or Timber Land
2. Mineral Lands
3. National Park
II. Lands of Private Domain – Land belonging to the state
as a private individual without being devoted for public
use, public service or development of national wealth
2.
According to Civil Code
I. Public Dominion – Those intended for public use;
these properties are: (1) Outside the commerce of man;
(2) not subject to levy, encumbrance or disposition
through public or private sale.
II. Patrimonial Properties – Former properties of the
public dominion that are no longer intended for public
use or public service.
3.
According to the 1987 Constitution
I. Agricultural Land
II. Forest or Timber
III. Mineral Lands
IV. National Park
4.
According to 1973 Constitution
Agricultural, industrial, commercial, residential,
resettlement mineral, timber or forest, grazing lands, and
other classes as may be provided by law.
5.
According to 1935 Constitution
I. Agricultural Land
II. Forest or Timber
III. Mineral Lands
6.
According to Public Land Act
I.
Alienable or disposable
II. Timber
III. Mineral Lands
7.
Classification of Public Lands Open to Disposition
I. Agricultural
II. Residential, commercial, industrial, or for similar
productive purposes
III. Educational, Charitable, or for other similar purposes
IV. Reservation for town sites and for public and quasipublic purpose.
Who shall make classification provided for in Public Land Act?
The President, upon recommendation by the Secretary
of Environment and Natural Resources, shall, from time to time,
make the classification and reclassification of lands from one class
to another.
Before the President could alienate or dispose the lands
of public domain, the President must first officially classify these
lands as alienable and disposable and declare them open for
disposition. Classification is a prerogative of the executive
department and not the court.
No public land can be acquired by private person
without express or implied grant. Unless public land is shown
to have been reclassified or alienated to a private person by the
State, it remains part of inalienable public domain. Therefore,
possession in the concept of owner, no matter how long, cannot
ripen into ownership and be registered as a title.
Differentiate classification v. reclassification in line with PLA
Classification means grouping of lands similar to each
other, either as agricultural, forest or timber, mineral or national
park, while reclassification means transfer of land from one class
to another. Proper classification is essential because only lands
classified as agricultural land may be alienated and disposed.
How may public lands be disposed?
1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect/incomplete title
4.1 Judicial legalization
4.2 Administrative legalization
I.
1.
2.
3.
4.
5.
6.
HOMESTEAD
Citizen of the Philippines
Over 18 years of age or head of the family
Not exceeding 12 hectares
Must have cultivated and improved at least 1/5 of land
continuously since approval of the application
Resided for at least 1 year in the municipality in w/c the land
is located or in the municipality adjacent to the same
Payment of required fee
II. SALE
What are the qualification for sale of public land?
1. Citizen of the Philippines
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares
4. Mode of sale through sealed bidding
5. Paid in full or 10 annual equal installment
6. Must have cultivated and improved at least 1/5 of land
within 5 years from date of award
7. Must show actual occupancy, cultivation and improvement
of at least 1/5 of the land until the date of final payment
Requisites of a private sale
1. A Filipino citizen of legal age
2. Not the owner of a home lot in the municipality in which he
resides
3. Have established good faith
4. Have construed his home and actually resided therein
5. Lot to be purchased not more than 1,000 sqm
3
Section 59 classifies land disposable under Title III as follows:
Lands reclaimed by the government
1
by dredging, filling or other means
2 Foreshore
Lease only
Marshy lands or lands covered with
3 water bordering upon shores or
banks of navigable lakes or rivers
Lands not included in any of the
4
Lease/ Sale
foregoing classes
may be conveyed or inherited. No subsequent law can deprive him
of the vested right. If he complied, he acquires the property right.
Not only a right to grant but the grant from the government.
III. LEASE
What are the qualification for Lease?
A. Filipino Citizen
1. Not to exceed 500 hectares
2. 1/3 of the land must be cultivated within 5 years.
B. Corporation
1. 60% Filipino-owned
2. Period of lease: not to 25 years, renewable for not more
than 25 years.
3. Not to exceed 1,000 hectares
4. 1/3 of the land must be cultivated within 5 years.
Does res judicata operates against third party with a better right?
Res judicata will not operate against a third party who
appears with a better right and title to the property. It does not
operate as a bar to the proceedings for registration instituted on
the grounds of new evidence.
Res Judicata, a brocard, is a basic principle of law which
provides that a matter judged by a competent court may not be
pursued by the same party. The requisites of Res Judicata are:
1. The former judgment must be final
2. Judgment must be on the merits of the case
3. The former decision is rendered by the court having
jurisdiction over the subject.
4. There is similar identity of parties, subject matter and
cause of action for both cases.
Conditions of Lease of public land:

Lessee construct permanent improvement of the land

At the expiration of the lease, all improvement shall become
government’s property
Limitations regarding Alienable land of Public Domain
Limitations on area
Lease*
Sale
Private Corp.
1,000 hectares
n/a
12 hectares (thru
Filipino Citizen
500 hectares
purchase, homestead or
grant)
*Lease period cannot exceed 25 years, renewable for not more
than 25 years
X filed a lease to a foreshore land. Subsequently, it was converted
into a commercial or industrial land prior to the approval of the
lease. Will the application be terminated?
NO. The application of the lease will not be
terminated. The subsequent classification of foreshore land
into commercial or industrial land shall not result in the
revocation of the lease, since the said land was a foreshore land
at the time the application was filed.
IV. CONFIRMATION OF IMPERFECT AND INCOMPETE TITLE
A. Judicial legalization
Applicable to the following citizens occupying lands of
public domain or claiming to own any such lands or interest
therein but whose titles have not been perfected or completed.
(Under RTC’s jurisdiction)
Requisites for judicial legislation:
1. Applicant must be Filipino Citizen
2. By themselves or through their predecessor in interest,
possessed and occupied A&D agricultural portion of public
domain
3. OCENPO since June 12, 1945 under a bona fide ownership
4. Must be filed in proper court
B. Administrative legalization (Free Patents)
What are the qualification for administrative legalization?
1. Any natural-born citizen of the Philippines
2. Not the owner of more than 12 hectares
3. Has continuously occupied and cultivated either by himself
and or his predecessor in interest
4. Subject land must be an agricultural land
5. Real estate tax must be paid
6. Land not occupied by any other person
7. Prescriptive period of 30 years, under a bona fide claim of
ownership
8. FP to be granted not to exceed 12hectares
What is the effect of compliance with legal requirements of a
homesteader?
Even without a patent, he acquires vested right and is to
be regarded as equitable owner thereof, unaffected by the fact that
the paramount title to the land is still in the government. Such land
Who has the burden of proof to show that the land is alienable and
disposable?
The presumption that the land subject of an application
for registration is alienable and disposable rests with the
applicant.
What are the non-registrable properties?
1. Property of public dominion
2. Forest lands
3. Watersheds
4. Mangrove swamps
5. Mineral lands
6. National parks
7. Military or naval reservations
8. Foreshore lands or reclaimed areas
9. Submerged areas
10. Lakes
11. Navigable Rivers
12. Creeks
13. Reservations for public and semi-public purposes
What is Torrens System?
Torrens System is a system of land titling in which
register of land holding guarantees an indefeasible title to those
included in the register. Upon expiration of one year from its
issuance, the certificate of title shall become indefeasible.
May an applicant transfer/convey/encumber his rights to the land
and improvements of the homestead?
YES. An applicant may transfer his rights to the land and
improvements to any person legally qualified, provided:
1. Such conveyance does not affect any right or interest of the
government
2. The transferee is not delinquent
3. There is a prior approval Secretary of DENR
Failure to meet any of the above requirement will make
the transfer NULL and VOID. Additionally, any person who
transfer his rights may not again apply for a new homestead.
A, under adverse possession of 30 years, claims ownership of a
parcel of land. The land was only classified as A&D on his 25th
year of occupation in the land. Does A have vested right in the
land? (Malabanan v. Republic)
YES. A have vested right in the land and may apply for
judicial legislation of imperfect title. The law provides that
there must be an OCENPO of at least 30 years under a bona fide
ownership. It is not necessary that the land first be classified as
alienable and disposable at the time claim of ownership could
start. The law merely requires that the property must be
alienable and disposable at the time the application is filed.
If the land under adverse possession is a forest land, will your
answer be the same?
NO. Occupation in a forest land in the concept of
owner, no matter how long, cannot ripen into ownership and
be registered as a title. It is expressly stated in the constitution
that alienable lands of the public domain shall be limited to
agricultural lands. Since the land occupied by A is a forest land,
therefore, he cannot have vested right over the property.
4
Supposing that A sold the land to ABC Corporation without yet
securing a title to the land after 30years of adverse possession,
may ABC Corp validly register the land to the corporation’s
name?
ABC Corporation may validly register the land in the
Corporation’s name. The confirmation of imperfect and
incomplete title has the following basic requisites: (1)
Applicant must be Filipino Citizen; (2) Registration must be
made by themselves or through their predecessor in interest,
possessed and occupied A&D agricultural portion of public
domain; (3) OCENPO since June 12, 1945, or at least 30 years
under a bona fide ownership; and (4) It must be filed in proper
court. In short, a corporation may only validly own a land once
that it is already a private land.
In the case at bar, the only way that a corporation
acquire ownership over land of public domain is through
adverse possession of a predecessor in interest.
Although the land was not titled yet, A acquires vested
right and is to be regarded as equitable owner thereof. Such
land may be conveyed or sold.
Since A validly acquire the right to the land by meeting
the requisites mentioned above, hence, it is already converted
into a private land, thus, he may convey the land validly to ABC
Corporation.
Differentiate direct attack v. collateral attack in land registration
proceeding.
Collateral attack means that the ownership of the land
is not the main cause of action of the case, hence, it may be filed to
MTC. Direct attack, on the other hand, means that the ownership
is the main cause of action of the land sought to be registered.
Hence, RTC acquires proper jurisdiction over the case.
What is Special Patent?
Special Patent is a grant by law of a property in favor of
a government agency pursuant to a special law, proclamation and
special order. It is a proclamation from the president that titles a
land in favor of a school, university or other government entity for
special/specific purpose.
Differentiate a patent v. registration
A patent or a grant only operates between the grantor
(Government) and the grantee (beneficiary), while the act of
registration conveys or affects the transfer of land and binds third
parties.
A public land patent, when registered in the registry of
deeds, is a veritable Torrens Title, and becomes indefeasible upon
the expiration of 1 year from the date of its issuance.
What are friar lands?
Friar lands are lands purchased by the government
from religious corporations for sale to actual occupants. These
friar lands are not public lands but private or patrimonial property
of the government.
May the government be barred by prescription by laches?
NO. The government is not barred by prescription by
laches if the State is the real party in interest to assert its own
rights.
PROHIBITED ALIENATIONS
Why is there a prohibition?
The prohibition has the avowed purpose of giving the
homesteader or patentee every chance to preserve for himself
and his family the land that the State had gratuitously given him
as a reward for his labor in cleaning and cultivating it.



The transaction when a homesteader sold a portion
of a homestead on an understanding that actual conveyance
will take effect after the 5-year prohibitory period is null and
void because the law does not distinguish between executory
and consummated sales.
RIGHT TO REPURCHASE

Period to repurchase within 5 years from the subsequent
transfer/ sale.

Right to repurchase can be exercised even in the absence of
any stipulation in the deed of sale

Right to repurchase cannot be waived.
FRAUD
Actual or Constructive
1. Actual/ Positive Fraud – Intentional deception by
misrepresentation of material fact
2. Constructive Fraud – Construed as fraud because of its
detrimental effect upon public interest and private/public
confidence, even though the act is not designed to commit
fraud or injury
Extrinsic or Intrinsic
1. Extrinsic – Employed to deprive parties of their day in court;
preventing them to assert their right to their property
2. Intrinsic – Fraudulent acts pertaining to an issue involved in
the original action, or when acts constituting the fraud could
have been litigated therein

Court will deny relief if fraud is constitute in the
presentation of the trial
If the owner of an uncultivated land allowed a bona fide
grantee to till/improve the land, the owner lose all rights to
the parts of the land

Differentiate Action for Nullity v. Reversion
Action for Nullity
Reversion
Initiated by
Private individual
The Gov’t thru SolGen
Party-InPlaintiff & Respondent
The State
Interest
have at least two titles
*The difference lies in the allegations as to the character of ownership
of the realty whose title is sought to be nullified.
Pertinent
Would require plaintiff’s
Would admit state
allegation
ownership prior to the
ownership of the land.
issuance of patent and
title vis-à-vis the
defendant’s document of
title.
Nature of
Claims of ownership of
Claims of ownership of
property
the land as private
the land as public
property
property
When is Reversion improper?
No.
1
2
Scenario
At the time of the issuance,
it is no longer a public
property
Though the title was
obtained by fraud, it was
already sold to an
innocent buyer for value
and in good faith who are
holding a torrens title
Rationale
The government is not the real
party-in-interest, since the
property is already PRIVATE.
Here, the court may direct the
defendant to RECONVEY the
parcel of land to the true owner.
Fraudulent title may be a root of
a valid title in the name of an
innocent buyer-for-value and in
good faith
Any transfer of the land acquired thru homestead and free
patent within 5 years from the date of the grant shall nullify
the alienation/ transfer and constitute the reversion of the
property to the state.
Approval from Secretary of DENR is merely directory. Hence,
it does not invalidate any transfer because such approval
may be secured at any time in the future.
Even if only part of the land has been sold or alienated, it is a
sufficient cause for reversion.
5
PD 706: Revised Forestry Code
Distinguish Forest v. Forest Land
Forest is a large track of land covered with a natural
growth of trees and underbrush. On the other hand, forest land is
a classification of land under the Constitution that is part of public
domain which is beyond the commerce of man and may not be
alienated or disposed.
The former is a description of what the land appears, and
the latter is a legal classification for legal purposes. However, it
must be stresses that legal nature or status does not have to be
descriptive of what the land actually looks like. Therefore, a land
may be urbanized, yet still classified as forest land.
What are the three (3) types of Forest?
1. Public Forest – a mass of land of public domain which has not
been a subject of the present system of classification.
2. Permanent Forest/ Forest Reserves – lands of public
domain which have been subject of the present system of
classification and determined to be needed for forest
purposes
3. Forest Reservation – Forest lands which have been reserved
by the President of the Philippines for any specific purpose.
Differentiate Watershed, watershed reservation and critical
watershed

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.

Watershed Reservation is a forest land reservation
established to protect or improve the conditions of the water
yield thereof or reduce sedimentation.

Critical Watershed is a drainage area of a river supporting
existing and proposed hydro-electric power and irrigation
works needing immediate rehabilitation as it is being
subjected to a fast denudation causing accelerated erosion
and destructive floods.
Notes:

Legality of closure of logging road is a justiciable question

Regalian Doctrine provides that all lands of public domain,
including Forest lands, belong to the state and are not
alienable and disposable. Hence, any title issued on such nondisposable lands, even if it is in the hands of a purchaser in
good faith and for value shall be CANCELLED.
International Hardwood & Veneer Co. v. UP
GR 521518, Aug. 13, 1991
Issue: Does UP have the authority to collect forest charges to
supervise the operation of the petitioner of a previously
reclassified forest land?
Yes. Even though the operation of the petitioner in the
land began when the land is still a forest land, it completely
removed the said land from public domain thru the Presidential
Proclamation, hence, made UP the absolute owner of the
property. Therefore, UP have the authority to collect forest
charges to the petitioner. However, the right of the existing
concessions in the land must be respected, even though it is no
longer a forest land, until concession expires.
Preservation and protection of forest

Ramos v. Director of Lands: “The prodigality of the spendthrift
who squanders his substance for the pleasure of the fleeting
moment must be restrained for the less spectacular but surer
policy.”

A license is not a contract, property or right protected by due
process clause of the constitution. It does not create an
irrevocable right. It can be withdrawn or cancelled in the
exercise of the police power of the state whenever dictated by
public interest or public welfare.

No forest land 50% in slope or over may be utilized for
pasture purposes.

Wildlife may be destroyed, killed, consumed, eaten or
otherwise disposed of, without necessity of permit, for the
protection of life, health, safety and property, and the
convenience of the people.
1.
2.
Cutting, gathering, collecting and removing timber
or other forest products from any forest land, or
timber from alienable or disposable public and, or
from private land without any authority; and
Mere possession of timber or other forest products
without the legal documents required under existing
forest laws and regulations.













In the second offense, it is immaterial whether the
method of gathering the timber is legal or not. Mere
possession of the forest product without the proper
document is a prima facie evidence of the crime.
Violation of Section 68 is an offense equivalent to
Qualified Theft (Articles 309 and 310 of RPC). It is
not qualified theft per se, but imposes only a penalty
equivalent to that of qualified theft.
The elements of the crime of qualified theft of logs
are: (1) that the accused cut, gathered, collected or
removed timber or other forest products; (2) that
the timber or other forest products belong to the
government or to any other private individual; and
(3) that the cutting, gathering, collecting or
removing was without authority granted by the
state.
Illegal Forest Products – Any forest products that
are removed, cut, collected, processed and/or
transported:
(a)
without
the
requisite,
authorization or permit; or (b) with incomplete
supporting documents; (c) with genuine
authorizations or permits and/or supporting
documentation that have an expired validity, have
been cancelled or that contain forged entries; or (d)
with spurious (fake) authorizations, permits and/or
supporting documents.
This offense is considered as Mala Prohibita.
Characteristics of Mala Prohibita are: (1) it is
prohibited by a special law; (2) Commission of the
prohibited act is a crime itself; (3) Good faith is not
a defense; and (4) intent is immaterial.
Any timber/forest product, as well as the
machineries, equipment and tools illegally used in
the area where the timber or forest products are
found, shall be confiscated in favor of the
government.
Reward to informant shall be 20% of the proceeds
of confiscated forest products
Mustang Lumber, Inc. v. CA: Lumber is a processed
log or timber. The legislative intent is to include
mere possession of lumber without legal documents
punishable under Section68 of Revised Forestry
Code.
A forest officer or employee may arrest without
warrant any person who has committed, or is
committing in his presence any of the offense
defined in the code.
If an officer arrests an alleged perpetrator without a
warrant, and without violating any offense in the
code in his presence, the officer shall be investigated
administratively.
Forest products and other items seized and
confiscated upon authority of the DENR Secretary is
lawfully taken by virtue of legal process and is
deemed to be in custodia legis, therefore, beyond
reach of replevin.
Appeal: Forest Management Bureau  DENR
Secretary  President; Courts cannot review the
decisions of the DENR Secretary except through
special civil action for certiorari or prohibition.
A suit against public officers acting within the scope
of their authority is a suit against the state and
cannot prosper without its consent.
II. Pasturing livestock
III. Illegal occupation of national parks system and
recreation areas and vandalism therein
IV. Survey by unauthorized persons
V. Misclassification and survey by government official or
employee
Criminal offenses and penalties
I. Section 68 of PD 705
6
without the permission from the State, because the right to
possess or own the surface ground is separate and distinct
from the mineral land over the same land.
RA 7942: Philippine Mining Act of 1995
Constitutional Basis:
Section 2, Article XII of 1987 Constitution





All lands of the public domain, xxx and other natural
resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be
alienated.
Even though location of a mining claim has been perfected, it
does not bar the government’s exercise of its power of
eminent domain.

The exploration, development, and utilization of natural
resources shall be under the full control and supervision of
the State.
The right of eminent domain covers all forms of private
property, tangible or intangible, and includes rights which are
attached to the land.

All projects relating to EDUC of natural resources are projects
of the state, thus, the projects nevertheless remain as state
projects and can never be purely private endeavors.
The State may directly undertake such activities, or it may
enter into co-production, joint venture, or productionsharing 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. xxx
The President may enter into agreements with foreignowned corporations involving either technical or financial
assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by
law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and
technical resources. xxx
Four (4) modes of Exploration, Development and Utilization
of Natural Resources (Shall be under the full control and
supervision of the State)
I.
The state may directly undertake such activities
II.
The state may enter into co-production, joint venture and
production sharing arrangement with
a. Filipino citizen
b. Corporation or association at least 60% of whose capital
is owned by such citizen.

It should not exceed 25 years, renewable for not
more than 25 years
III. Congress may, by law, authorize small-scale utilization of
natural resources by Filipino citizen; (Congress may also
authorize cooperative fish farming, with priority to
subsistence fishermen and fish- workers in rivers, lakes, bays,
and lagoons.)
IV. The President may enter into agreements with foreignowned corporations involving either technical or financial
assistance for large-scale EDU of minerals, petroleum, and
other mineral oils

It should be based on real contributions to the economic
growth and general welfare of the country

In such agreements, the State shall promote the
development and use of local scientific and technical
resources.

The President shall notify the Congress of every contract
entered under this provision, within 30 days from its
execution.

Management and service contracts are not allowed
under this rule

Large-scale EDU pertains to area covered and not the
amount of investment.
Section 4: Ownership of Mineral Resources. Mineral resources
are owned by the State, and the exploration, development,
utilization and processing thereof shall be under its full
control and supervision. The State may directly undertake
such activities or it may enter mineral agreements with
contractors.

Thus, if a person is the owner of an agricultural land in which
minerals are discovered, his ownership of such land does not
give him the right to extract or utilize the said minerals
Section 5: Mineral Reservations. When national interest so
requires xxx, the President may establish mineral
reservations upon the recommendation of the Director
through the Secretary. xxx

This section empowers the president to enter into mineral
agreements with contractor if the national interest so
requires.

Hence, it is beyond the power of the DENR Secretary to
withdraw lands from forest reserves and to declare the same
as an area open for mining operations.
Classification of minerals
No.
Group
1
First Group
2
Second Group
3
Third Group
4
Fourth Group
5
Fifth Group
Mineral
Metals or metalliferous ores
Precious stones
Fuels
Saline and mineral waters
Building stone in place, clays,
fertilizers and other non-metals
Definition of terms:
Exploration – searching or prospecting for mineral resources by
surveys, remote testing, etc. for the purpose of the existence,
extent, quantity, quality and feasibility of mining them for profit.
Development – work undertaken to explore and prepare on ore
body or a mineral deposit for mining, including the construction of
necessary infrastructure and related facilities.
Utilization – extraction or disposition of minerals
Foreign owned corporation – Any juridical entity with less than
50% Filipino-owned capital
Qualified Person – any citizen of the Philippines with capacity to
contract, or a juridical entity with technical and financial capability
to undertake mineral resources development with at least 60%
Filipino ownership
1. Individual
a. Must be a Filipino Citizen
b. Of legal age
c. With capacity to contract
2. Juridical entity (corporation, partnership, cooperation or
cooperative)
a. Must be organized or authorized for the
purpose of engaging in mining
b. Duly registered in accordance with law
c. 60% Filipino ownership
Abandonment is the actual relinquishment of right; giving-up
absolutely with intent never again to resume or claim one’s right
or interest.
2 elements of abandonment:
1. INTENT to abandon a right or claim
2. EXTERNAL ACT by which intention is expressed and carried
out to that effect.

Mineral resources are BEYOND the commerce of man. Thus,
they cannot be subject of patent.
7

Section 19: Areas Closed to Mining Operations.
1. In military and other government reservations
2. Near or under public or private buildings, cemeteries,
archeological and historical sites, etc.
3. In areas covered by valid and existing mining rights
4. In areas prohibited by law
5. In areas covered by small-scale miners
6. Old growth or virgin forests, proclaimed watersheds,
forest reserves, etc. and in areas prohibited under NIPAS

In general, these areas are closed to mining operations except
upon prior written clearance by government agency having
jurisdiction over such reservation.

A mining license is a mere privilege and does not vest
absolute rights in the holder. Thus, it may be revoked by the
state if public interest so requires.

Although BMG is vested with quasi-judicial power, it cannot
take cognizance of determining the validity of contract, since
it remains a judicial function and involves a judicial question.

Are the agreements stated in the Constitution limited to only
MPSA, JVA and CPA or FTAA?

Upon close reading of the Constitution, there is no express
prohibition that restricts other agreements besides MPSA,
JVA and CPA or FTAA. The phrase “the state may directly
undertake such activities, or it may enter into CPA, JV or
MPSA” and “either financial or technical assistance” DOES
NOT restrict nor intend to exclude other modes of
assistance.

If the intent of the constitution is to confine the
agreements, it would have restrict it otherwise.
Discuss degree of control

The Constitution provides that the state must have FULL
control and supervision of the agreements, but full control
and ownership does not mean control and supervision of
EVERYTHING. Degree of control must only be sufficient to
enable the state to regulate the extractive enterprise.
Findings of fact made by quasi-administrative body must be
respected as long as they are supported by substantial
evidence. The administrative decision in matters within the
exclusive jurisdiction can only be set aside on proof of gross
abuse of discretion, fraud or error of law.
Examples of permits issued under Philippine Mining Act
1. Exploration Permit – grants the right to conduct exploration
for all minerals in a specified area.
Initial term of exploration
permit
Renewable Permit
Non-metallic
Metallic
Extension*



2.
3.
2 years
4 years
6 years
Not to exceed 2years
*In case exploration permit expires prior to the approval
of the declaration of mining feasibility, the permit shall
be deemed automatically extended until such time FTAA
application is approved.
Exploration permit may be transferred or assigned to a
qualified person subject to prior approval of the
Secretary.
Assignment or transfer of right and obligation of any
mineral agreement except FTAA is deemed
automatically approved if not acted upon by the
Secretary within 30working days from OR date, unless
patently illegal.
Ore Transport Permit (OTP) – permit specifying the origin
and quantity of non-processed mineral ores from mine site to
warehouse.

The absence of permit shall be considered as prima facie
evidence of illegal mining.

OTP is not required for ore samples not exceeding 2
metric tons to be used exclusively for assay and pilot test
purposes
Mineral/Ore Export Permit (MOEP) - permit specifying the
origin and quantity of non-processed mineral ores from
warehouse to ship.
La Bugal B’laan Tribal Association v. Ramos
May a foreign corporation hold exploration permit?

Yes. A foreign corporation may hold exploration permit.
This is NOT unconstitutional because in fact, there is no
express prohibition in the constitution prohibiting
foreign/local contractors to hold exploration permits.

The right to conduct exploration is not tantamount to an
authorization to extract or carry off mineral resources that
may be discovered
Yes. The State may secure the aid of a foreign company.
The spirit of the law provides that although all minerals
are owned by the State, given the inadequacy of Filipino
capital, it may secure the help of foreign corporation,
PROVIDED that the State maintain its right of FULL
CONTROL.
Quarry Resources
1. Quarry permit
2. Sand and gravel permit
3. Gratuitous permit
4. Guano permit
5. Gemstone gathering permit
Section 76: Entry into Private Lands and Concession Areas.
Subject to prior notification, holders of mining rights shall not
be prevented from entry into private lands and concessions
by surface owners xxx upon payment of just compensation
xxx and any damaged done shall be properly & justly
compensated.

Easement of Right of Way – ownership will not vest to the
owner of the mining area. They merely uses the area
temporarily for the purposes of more convenient mining
operations, in exchange of just compensation.

Holders of mining right may invoke power of eminent
domain.

Under Regalia Doctrine, minerals found in one’s land belong
to the State and not to a private landowner. Nonetheless, a
condition sine qua non is that prospecting, exploration,
discovery and location must be done in accordance with
the law. Omission or failure to comply with the condition
precedent means that its claim for surface rights and right of
way will not mature, hence, it would be to countenance illegal
trespass into private property.
Section 9, Article III of 1987 Constitution: Private property shall
not be taken for public use without just compensation.
Issue: WoN taking under power of eminent domain for mining
is for public use.
Held: Yes. Mining is for public use, since mining is an industry
which is for public benefit. Hence, eminent domain may be
exercised.
Types of mining disputes
1. Rights to mining area (any adverse claim, protest, or
opposition to an application for a mineral agreement)
2. Mineral agreements, FTAAs or permit
3. surface owners, occupants and claim holders/
concessionaires; and
4. disputes pending before the Bureau at the date of
effectivity of Phil. Mining Act
May the State secure aid of foreign corporation in EDU?
8
Appeal
Panel Arbitrators
Composed of 3 members: 2 lawyers and
1 licensed mining engineer in regional office

Mines Adjudication Board (MAB)
Composed of 3 members: DENR Secretary,
Director of MGB and USec for Operations

4.
5.
6.
7.
8.
9.
10.
Destruction of mining structure
Mines arson
Willful damage to a mine
Illegal obstruction to permittes or contractors
Violations of the terms of ECC
Obstruction of government officials
Other violations
Court of Appeals

Jurisdiction is limited to purely administrative matter,
questions of fact or matters requiring the application of
technical knowledge and experience.

Since MAB is a quasi-judicial body, rules of evidence
prevailing in the court shall not be controlling. The board
shall use all reasonable means to ascertain the facts in each
case speedily and objectively without regard to technicalities
of law or procedure, all in the interest of due process.

Validity of mining contract is a question of law; it involves
exercise of judicial function; it requires determination of what
the law is and the rights of the parties.

If ground for the annulment of a mining contract is due to
non-conformity with the terms and condition of the
agreement, it is purely civil in nature, hence, it is within the
jurisdiction of regular courts.
ABC filed to Panel Arbitrators for an alleged dispute regarding
operating agreement against XYZ. Will the action prosper?
Held:
No. The action will not prosper. Panel arbitrators has exclusive
and original jurisdiction over the following disputes: (1) Those
involving rights to mining area; (2) those involving mineral
agreements or permit (3) those involving surface owners,
occupants and claim holders/ concessionaires; and (4) those
pending before the Bureau at the date of effectivity of Phil.
Mining Act.
Upon its nature, an operating agreement is not a “mineral
agreement,” because a mineral agreement requires that it be a
contract between the government and a contractor; nor it is a
“permit,” because permit pertains to exploration permit, quarry
permit and other mining permit.
Hence, being not a “mineral agreement” nor a “permit”, it is not
within the jurisdiction of panel arbitrators. It is a purely civil
contract between two private parties and under the jurisdiction
of regular courts.
Grounds for Cancellation, Revocation and Termination
1. Late or non-filing of requirements
2. Violation of terms and conditions
3. Non-payment of taxes and fees
4. Expiration of permits
5. Falsehood/omission of facts
6. Withdrawal from mineral agreement or FTAA
Penal Provisions
1. False statement
2. Illegal exploration
3. Theft of minerals

Elements of theft of minerals
i. The accused extracted, removed and/or
disposed the minerals
ii. These minerals belong to the government or to
other person
iii. The accused did not possess the required
permits or documents from DENR

In crimes punished by special laws, the act
alone, irrespective of the motive,
constitutes the offense
9
RA 8550: Philippine Fisheries Code
Philippine water
1. All waters within the Philippine Territory
2. Waters around, between an connecting the islands of the
archipelago, regardless of its breadth and dimension
3. The territorial sea, the seabed, the subsoil, the insular shelves
and all other waters over which the Philippines has
sovereignty or jurisdiction
4. 200n.m. EEZ and the continental shelf.
Section 2, Article XII of 1987 Constitution:
“The state shall protect the nation’s marine wealth
and its archipelagic water, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusive for
Filipino Citizen.”
In other words, Filipino subsistence or marginal
fishermen shall have “preferential right” over use and
exploitation of fishery and aquatic resources.
However, in Tano v. Socrates, the “preferential right”
of the subsistence/marginal fishermen is NOT ABSOLUTE,
since in accordance with the Regalian Doctrine, EDU of
natural resources shall be under full control and supervision of
the state.
Differentiate marginal v. subsistence fishermen:

Marginal fishermen – an individual engaged in fishing
whose margin or return is barely sufficient to yield a
profit.

Subsistence fishermen – catch yields but irreducible
minimum for his livelihood.
National Mapping & Resource Information Authority
(NAMRIA) – repository of all maps in the Philippines.
Obligations of the coastal state
1. Ensure measures that the living resources are not subject to
over-exploitation
2. Promote optimum utilization of living resources
2 kinds of fishing:
1. Municipal fishing – 3 gross tons or less
2. Commercial fishing
a. Small scale (3.1 to 20 GT)
b. Medium scale (20.1 to 150 GT)
c. Large scale (more than 150 GT)
Limit of fishponds:
1. 50 hectares – individual
2. 250 hectares – corporation

NO PERSON SHALL OPERATE A COMMERCIAL FISHING
VESSEL, OR ENGAGE IN FISHERY ACTIVITY WITHOUT FIRST
SECURING A LICENSE FROM DEPARTMENT OF
AGRICULTURE.

ANY PERSON FOUND IN AREA WITHOUT PERMIT OR
REGISTRATION FOR A FISHING VESSEL SHALL BE
PRESSUMED ENGAGED IN UNAUTHORIZED FISHING.”

THERE IS AN AUTOMATIC CANCELLATION OF FISHPOND
LEASE AGREEMENT IF THE HOLDER ACQUIRES
CITIZENSHIP IN OTHER COUNTRY.

THE ENTRY OF FOREIGN FISHING VESSEL IN THE
PHILIPPINE WATERS SHALL CONSTITUTE A PRIMA FACIE
EVIDENCE OF UNAUTHORIZED FISHING (Penalty: fine,
confiscation of catch, fishing equipment and fishing vessel)

SEARCH AND SEIZURE OF FISHING VESSEL WHICH
VIOLATED THE FISHERIES LAW IS AN EXCEPTION TO BILL
OF RIGHTS – SEARCH WITHOUT WARRANT.
Section 2, Article XII aims primarily NOT TO BESTOW
any right to subsistence fishermen but to lay stress on duty of
the state to protect the nation’s wealth.
Application of RA 8550:
The law shall be enforced in:
a. all Philippine waters including other waters which the
Philippine has sovereignty or jurisdiction;
b. all aquatic and fisheries resources
c. all lands devoted to aquaculture
Maritime Zones according to United Nations Convention on Law of
the Seas (UNCLOS)
1.
Internal waters – all waters landward from baseline of the
territory. According to the constitution, “the waters around,
between and connecting the archipelago. (Archipelagic
waters)”
2.
Territorial Sea – a belt of sea outwards from baseline up to
12n.m, in which the coastal state exerciser sovereignty.
3.
Contiguous Zone – Water not exceeding 24n.m. from
baseline; exercises authority for customs, fiscal, immigration
or sanitation authority.
4.
Exclusive Economic Zone (EEZ) – Not more than 200n.m
from baseline. The coastal state has rights & obligations
relative to the exploitation, management and preservation
over the economic resources found within the zone.
Baseline - low-water line along the coast as officially recognized
by the coastal State.
Straight baseline – drawn connecting selected points on coast
without appreciable departure from general shape of the coast.
High seas – beyond territorial seas and not subject to the
sovereign of the coastal state.
Continental Shelf – seabed/subsoil of submarine areas adjacent
to the coastal state but outside territorial sea up to depth of
200meters or beyond.
Municipal waters – bodies of water within the municipality
which is not included within the protected areas, 15km from
coastline.

Jurisdiction of municipal/city government

Under general welfare clause
LLDA v. CA

RA 4850 (1966) provides that Laguna Lake Development
Authority (LLDA) has exclusive jurisdiction to issue
permits for enjoyment of fishery and privilege in Laguna
de Bay; On the other hand, RA 7160 (1991) calls for the
exclusive authority of municipality regarding issuance of
permits.

To harmonize, SC held that RA 7160 does not repeal the
provision of RA 4850. The charter of LLDA constitutes a
special law, while RA 7160 is a general law which cannot
be construed to have repealed a special law. Power of
LLDA embodied a valid exercise of police power, while
LGU’s power is clearly granted for revenue purpose.
Hizon v. Court of Appeals

There is a presumption of guilt on the discovery of
substances and contaminated fish in the possession of
fishermen in the fishing boat.

However, since it is only a prima facie evidence, the
accused is not precluded from resenting his evidence to
rebut the main fact presumed.
Araneta v. Gatmaitan

If the Secretary has authority to regulate or ban fishing,
then, the president may exercise the same power under: (i)
Section 17, Article VII of 1987 constitution; and (ii)
Supervision and control of President over his executive
department under administrative code
Catch ceiling – limitations or quota on total quantity of fish
captured for a specific period of time and specified area based on
available evidence.
10
RA 7586: NIPAS Act
What is NIPAS?
National Integrated Protected Areas System (NIPAS)
is a system of classification and administration of designated
protected areas xxx to preserve genetic diversity.
What are the protected areas?
1. Strict natural reserve
2. Natural park
3. Natural monument
4. Wildlife Sanctuary
5. Protected landscape and seascape
6. Resource reserve
7. Natural biotic areas
8. Other categories established by law
PICOP v. Base Minerals Corp.

There must be a classification that an area is considered as
“protected area.”

Without proclamation/classification pursuant to law,
prohibition of mineral location will not be operational.
Prohibited acts under NIPAS
1.
Hunting, destroying, disturbing, or mere possession of any
plants or animals or products derived therefrom without a
permit from the Management Board;
2.
Dumping of any waste products detriment to the protected
area, or to the plants and animals or inhabitants therein;
3.
Use of any motorized equipment without a permit from the
Management Board;
4.
Mutilating, defacing or destroying objects of natural beauty,
or objects of interest to cultural communities (of scenic
value);
5.
Damaging and leaving roads and trails in a damaged
condition;
6.
Squatting, mineral locating, or otherwise occupying any land;
7.
Constructing or maintaining any kind of structure, fence or
enclosures, conducting any business enterprise without a
permit;
8.
Leaving in exposed or unsanitary conditions refuse or debris,
or depositing in ground or in bodies of water; and
9.
Altering, removing destroying or defacing boundary marks or
signs.
PD 972: Coal Development Act
What are the aims of the Coal Development Act?
Coal Development Act of 1976 aims to:
1. promote an accelerated exploration, development,
exploitation, production and utilization of coal,
2. encourage the participation of private sector with
sufficient capital, technical and managerial resources in
the exploitation and production of coal resources, and
3. upgrade the technical and financial capabilities of coal
industry.

Jurisdiction over coal development act shall be under
Department of Energy (DOE).

DOE shall not accept any application or proposal for contracts
except during competitive public contracting rounds/bids.

Blocking system: each coal region shall be divided into
meridional blocks or quadrangles containing 1,000 hectares
or less.

No person shall be entitled to more than 15 blocks of coal
lands in any coal region.

Exploration period under every coal operating contract shall
be for 2 years. It may be extended for another 2 years.

All materials, equipment, plants and other installations
movable in nature shall be properties of DOE if not removed
within 1 year after the termination of coal operating contract
EMINENT DOMAIN

Power of eminent domain may be invoked and exercised for
the entry, acquisition and use of private lands for purposes of
coal exploration, development and exploitation, upon prior
written notice to the surface owner.
TIMBER RIGHTS

The operator may cut trees or timber within his coal contract
as may be necessary for exploration, development and
exploitation of the area

The operator granted with timber right shall be obligated to
perform reforestation works in accordance with the
regulations of FMB.
WATER RIGHTS

A coal operator shall also enjoy water rights necessary for the
exploration, development and exploitation of is coal contract
area, BUT water rights already granted or legally existing
SHALL NOT THEREBY BE IMPAIRED.
Terminologies:
"Protected Area" refers to identified portions of land and water
set aside by reason of their unique physical and biological
significance, managed to enhance biological diversity and
protected against destructive human exploitation;
"Buffer zones" are identified areas outside the boundaries of and
immediately adjacent to designated protected areas pursuant to
Section 8 that need special development control in order to avoid
or minimize harm to the protected area;
"Indigenous cultural community" refers to a group of people
sharing common bonds of language, customs, traditions and other
distinctive cultural traits, and who have, since time immemorial,
occupied, possessed and utilized a territory;
11
PD 1586:
Philippine Environmental Impact Statement System

Once a project is implemented, the ECC remains valid and active
for the lifetime of the project
The ECC automatically expires if a project has not been
implemented within five (5) years from ECC issuance, or if the
ECC was not requested for extension within three (3) months
from the expiration of its validity.

Principle of Sustainable Development - rational and orderly
balance between economic growth and environmental protection
What is PEISS?
PD 1586 otherwise known as Philippine Environmental
Impact Statement Systems (1978) requires all instrumentalities of
the government and private entities to prepare an Environmental
Impact System (EIS) for every proposed Environmentally Critical
Projects (ECP), or projects located in an Environmentally Critical Area
(ECA), for every proposed project and undertaking which significantly
affect the quality of the environment and to justify why the project
should be implemented.
ECC v. CNC


Environmental Compliance Certificate (ECC) - document
issued by the DENR/EMB after a positive review of an ECC
application, certifying that based on the representations of the
proponent, the proposed project or undertaking will not cause
significant negative environmental impact.
Certificate of Non-Coverage (CNC) – a certification issued by
the EMB certifying that, based on the submitted project
description, the project is not covered by the EIS System and is
not required to secure an ECC.

It should be noted however, that the issuance of an ECC does
not preclude a project proponent from securing related
permits, such as sanitary, conversion, water, and building
permits, from concerned government agencies under other
existing laws, rules and regulations.
ECA v. ECP


Environmentally Critical Area (ECA) - area delineated as
environmentally sensitive such that significant environmental
impacts are expected if certain types of proposed projects or
programs are located, developed or implemented in it.
Environmentally Critical Project (ECP) - project or program
that has high potential for significant negative environmental
impact.
Deciding Authority
EMB Regional Office Director
EMB Central Office Director
DENR Secretary
Appeal
EMB Central Office Director
DENR Secretary
Office of the President
Paje, Secretary of DENR v. Casiño
Is ECC a permit or license?
No. ECC is not a permit. A “license” has been defined as “a
governmental permission to perform a particular act (such as
getting married), conduct a particular business or occupation,
operate machinery or vehicles after proving capacity and ability to
do so safely, or use property for a certain purpose.”
While a “permit” has been defined as “a license or other
document given by an authorized public official or agency (building
inspector, department of motor vehicles) to allow a person or
business to perform certain acts.”
ECC is not a permit and should not be interpreted as such but
rather a set of conditions which will have to be complied with by
the Project before implementing the said project, hence, not a
permit.
Why do I need to know WoN ECC is a permit?
In IPRA Law, it is necessary to secure a Certificate of NonOverlap (CNO) from NCIP before any license will be granted from
any government agency. Since ECC is not a license, therefore, there
is no need to secure certification before the actual granting of ECC.
Aside from DENR, may LGU issue ECC or CNC?
No. PD 1586 provides that ECCs are issued only by the
President of the Philippines or his duly authorized representative,
which is DENR (DENR Secretary as Alter Ego of the President). A
delegated authority cannot be re-delegated.
EIS v. EIA


A.
B.


Environmental Impact Statement (EIS) - document, prepared
and submitted by the project proponent and/or EIA Consultant
that serves as an application for an ECC.
Initial Environmental Examination (IEE) Report - document
similar to an EIS, but with reduced details and depth of
assessment and discussion.
I.
ECPs in ECA or NECA: EIS  ECC
II. NECA in ECA: IEE  ECC
III. NECPs in NECA: CNC
Environmentally Critical Projects
I.
Heavy Industries
II. Resource Extractive Industries
III. Infrastructure Projects
Environmentally Critical Areas
1. NIPAS
2. Aesthetic potential tourist spots;
3. Habitat for any endangered or threatened species
4. Historic, archaeological, or scientific interests;
5. Occupied by cultural communities or tribes;
6. Frequently visited and/or hard-hit by natural calamities
7. Critical slopes areas;
8. Prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies
11. Mangrove areas
12. Coral reefs
The outcome of the EIA Process within the system administered
by the DENR is the issuance of decision documents. Decision
documents may either be an ECC, CNC or a Denial Letter.
The decisions on applications shall be made within prescribed
timelines within the control of DENR, otherwise, the application
shall be deemed automatically approved, with the issuance of the
approval document within five (5) working days from the time
the prescribed period lapsed.
Thus, administrators of declared area management
authorities and economic zones/industrial parks as well as LGUs
do not have the authority to issue ECC/CNC under P.D. 1586 unless
otherwise expressly delegated by the President of the Philippines
Identify if issuance of the following are ministerial duty:
a.
CNC – Yes. Issuance of CNC is a ministerial duty upon
application of the proponent.
b.
ECC – NO. Issuance of ECC is NOT a ministerial duty
It is important to know the nature of ECC/CNC whether it is
a ministerial duty because it is one of the element of the judicial
writ of Mandamus, to wit:
1.
2.
Petitioner must show a clear legal right to the act
demanded;
Respondent must have a duty to perform the act
mandated by law;
3.
Respondent unlawfully neglect the performance of the
duty enjoined by law;
4.
The act to be performed is ministerial and not
discretionary; and
5.
There is no other plain, speedy and adequate remedy in
the ordinary course of law.
To tell whether the act may be compelled by Mandamus, the
duty must be first ministerial. A duty is ministerial if it is the
official duty of a public officer required by direct and positive
command of the law wherein the officer has no room for the
exercise of discretion.
12
PAB or LGU requiring determination of intricate matters of
facts.
RA 8749: Philippine Clean Air Act
What is Philippine Clean Air Act?
Citizen Suit
Philippine Clean Air Act of 1999 outlines the
government's measures to reduce air pollution and incorporate
environmental protection into its development plans.

Any citizen may file an appropriate civil, criminal or
administrative action in the proper court against:
Definition of terms
1.
Any person who violates or fails to comply with the
provision of the Clean Air Act
Air pollutant – any matter found in the atmosphere other than the
inert gases in their natural or normal concentrations that is
detrimental to health or environment
2.
The Department or other implementing agencies with
respect to orders, rules and regulations issued
inconsistent with Clean Air Act.
3.
Any public officer who willfully or grossly neglects the
performance of an act.
Air pollution – any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge that
will likely to create or render the air resources harmful,
detrimental or injurious to public health.
Ambient air – the general amount of pollution present in a broad
area; and refers to the atmosphere’s average purity as
distinguished from discharge measurements taken at the source
of pollution.
Suits and Strategic Legal Actions against Public Participation
(SLAPP)

Incineration – process of burning of municipal bio-medical and
hazardous wastes, which emits poisonous and toxic fumes.
However, prohibition on incineration does not apply to sanitation
“siga”, traditional, agricultural, health and food preparation and
crematoria. (Atty. USec: Jurisprudence held that incineration is
not at all prohibited, provided that it meets the standard)
Where a suit is brought against a person who filed an action
as provided in Section 41 (Citizen suit) against any person,
institution or government agency that implements a law
complained about, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately
determine within 30 days, whether the said legal action has
been filed to harass, vex, exert undue pressure or stifle such
legal recourses of the person complaining.
Gross violation
Will mandamus prosper to compel PUVs to used natural gas
as alternative fuel?

NO. Mandamus will not prosper to compel PUVs to use
natural gas as alternative fuel in the absence of specific law on
the matter. The legislature should provide first the specific
statutory remedy to the complex environmental problems
before any judicial recourse by mandamus is taken.
Regulation of Vehicles and Engines

Any imported new or locally-assembled motor vehicle shall
not be registered unless it complies with the emission
standards set, as evidenced by Certificate of Conformity
(COC).

No motor vehicle registration (MVR) shall be issued unless
such motor vehicle passes the emission testing requirement.
Gross violation against clean air act shall mean:
a.
three (3) or more specific offenses within a period of (1)
year
b.
three (3) or more specific offenses within three (3)
consecutive years;
c.
blatant disregard of the orders of the PAB, such as but
not limited to the breaking of seal, padlocks and other
similar devices, or operating despite the existence of an
order for closure, discontinuance or cessation of
operation; and
d.
irreparable or grave damage to the environment as a
consequence of any violation or omission of the
provisions of this Act.
Prohibition on smoking
According to USec Leones:

Application of Exhaustion of Administrative Remedies
Section 10 of Clean Air Act: Smoking inside a public building
or an enclosed public place, including public vehicles and
other means of transport, or in any other enclosed area
outside one’s private residence, private place of work or any
duly designated smoking area is prohibited. (To be
implemented by LGUs)


PD 1586: EAR shall apply
Clean Water Act/Clean Air Act: EAR does not apply, since
jurisdiction on the matter is vested on a quasi-judicial body.
Prohibition on Ozone Depleting Substances (Montreal Protocol)

Section 30 of Clean Air Act: The Department shall phase-out
ozone-depleting substances.
Abatement of Private Nuisance

Section 694 of NCC provides that nuisance is any act,
omission, establishment, condition of property or anything
else which: (1) injures or endangers the health or safety of
others; or (2) annoys or offends the senses; or (3) shocks,
defies or disregards decency or morality; or (4) obstructs or
interferes with the free passage of any public highway or
street or any body of water; or (5) hinders or impairs the use
of property.

AC Enterprises, Inc. v. Frabelle Properties Corporation: PAB has
no jurisdiction on the resolution of the issue before RTC, WoN
the noise complained about is an actionable nuisance, since it
does not require any technical expertise and experience of
13
RA 9275: Clean Water Act
RA 9003: Ecological Solid Waste Management Act
What is Clean Water Act?

Clean Water Act of 2004 aims to protect the country’s water
bodies from pollution. It provides for a comprehensive and
integrated strategy to prevent and minimize pollution
through a multi-sectoral and participatory approach
involving stakeholders.
What is Ecological Solid Waste Management Act?

Ecological Solid Waste Management Act of 2000 refers to the
systematic administration of activities which provide for
segregation at source, segregated transportation, storage,
transfer, processing, treatment, and disposal of solid waste and
all other waste management activities which do not harm the
environment.

National Solid Waste Management Commission (NSWMC) shall
implement the Ecological Solid Waste Management Act which
shall be composed of 14 government agencies and 3 members
from private sector.

It covers ALL types of bodies of water

All owners or operators of facilities that discharge
wastewater are required to get a permit to discharge from
the DENR or LLDA

Anyone discharging wastewater into a water body shall have
to pay a wastewater charge.
Definition of Terms:
Beneficial use – use of the environment or any element/segment
thereof conducive to public or private welfare, safety and health;
and shall include, but not limited to the use of water for domestic,
municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purpose.
Contamination – means the introduction of substances not found
in the natural composition of water that make the water less
desirable or unfit for intended use.
Discharge – the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a
water body or onto land from which it might flow or drain into said
water.
Effluent - means discharge from known sources which is passed
into a body of water or land, or wastewater flowing out of a
manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.
Hazardous waste - means any waste or combination of wastes of
solid liquid, contained gaseous, or semi-solid form which cause, of
contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness, taking into
account toxicity of such waste, its persistence and degradability in
nature, its potential for accumulation or concentration in tissue,
and other factors that may otherwise cause or contribute to
adverse acute or chronic effects on the health of persons or
organism.
Pollutant - shall refer to any substance, whether solid, liquid,
gaseous or radioactive, which directly or indirectly:
a.
alters the quality of any segment of the receiving water body
to affect or tend to affect adversely any beneficial use thereof;
b.
is hazardous or potential hazardous to health;
c.
imparts objectionable odor, temperature change, or physical,
chemical or biological change to any segment of the water
body; or
d.
is in excess of the allowable limits, concentrations, or quality
standards specified, or in contravention of the condition,
limitation or restriction prescribed in this Act.
Treatment - means any method, technique, or process designed
to alter the physical, chemical or biological and radiological
character or composition of any waste or wastewater to reduce or
prevent pollution.
Waste - means any material either solid, liquid, semisolid,
contained gas or other forms resulting industrial, commercial,
mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded.
Water Pollution - means any alteration of the physical, chemical,
biological, or radiological properties of a water body resulting in
the impairment of its purity or quality.
Definition of terms
Collection - shall refer to the act of removing solid waste from the
source or from a communal storage point;
Composting - shall refer to the controlled decomposition of organic
matter by micro-organisms, mainly bacteria and fungi, into a humuslike product;
Ecological solid waste management - shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment,
and disposal of solid waste and all other waste management activities
which do not harm the environment;
Leachate - shall refer to the liquid produced when waste undergo
decomposition, and when water percolate through solid waste
undergoing decomposition. It is contaminated liquid that contains
dissolved and suspended materials;
Materials recovery facility (MRF) - includes a solid waste transfer
station or sorting station, drop-off center, a composting facility, and a
recycling facility;
Solid waste management facility - shall refer to any resource
recovery system or component thereof; any system, program, or
facility for resource conservation; any facility for the collection, source
separation, storage, transportation, transfer, processing, treatment, or
disposal of solid waste;
Municipal waste - shall refer to wastes produced from activities
within local government units which include a combination of
domestic, commercial, institutional and industrial wastes and street
litters;
Solid waste - shall refer to all discarded household, commercial waste,
non-hazardous institutional and industrial waste, street sweepings,
construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste.
Solid Waste Management Procedure

Segregation of wastes shall begin in the household, institutional,
industrial, commercial and agricultural sources, which shall be
segregated into “compostable”, “non-recyclable”, “recyclable” or
“special type of waste”.

Collection of wastes shall be undertaken by the LGU. Solid
wastes shall be brought to Materials Recovery Facility (MRF),
in which solid wastes shall be further sorted. Residual wastes
shall be sent to landfill, while hazardous wastes shall be sent to
treatment facility.
Salient Features:

Prohibition on the Use of Non-Environmentally Acceptable
Packaging - No person owning, operating or conducting a
commercial establishment in the country shall sell or convey at
retail or possess with the intent to sell or convey at retail any
products that are placed, wrapped or packaged in or on
packaging which is not environmentally acceptable packaging.

Prohibition Against the Use of Open Dumps for Solid Waste - No
open dumps shall be established and operated, nor any practice
or disposal of solid waste by any person, including LGUs, which
constitutes the use of open dumps for solid wastes, be allowed
(Atty Usec: There should be no open dumpsite by 2016)

Prohibition on [1]Littering, throwing, dumping of waste matters
in public places, such as roads, sidewalks, canals, esteros or
parks, and establishment, or causing or permitting the same;
[2]Open burning of solid wastes, et. al.
14
RA 6969: Toxic Substances and
Hazardous and Nuclear Wastes Control Act
What is Toxic Substances and Hazardous and Nuclear Wastes
Control Act?
Toxic Substances and Hazardous, and Nuclear
Wastes Control Act of 1990: (1) regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use and
disposal of chemical substances and mixtures that present
unreasonable risk and/or injury to health or the environment; (2)
prohibit the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the Philippine territorial limits for
whatever purpose; and (3) provide advancement and facilitate
research and studies on toxic chemicals.
TSHNWCA shall cover the importation, manufacture,
processing, handling, storage, transportation, sale, distribution,
use and disposal (from cradle to grave) of all unregulated
chemical substances and mixtures in the Philippines, including the
entry even in transit, as well as the keeping or storage and disposal
of hazardous and nuclear wastes into the country for whatever
purposes.
RA 7076:
People’s Small-Scale Mining Act of 1991
What is People’s Small-Scale Mining Act?

People’s Small-Scale Mining Act of 1991 enshrines the rights of
small scale miners, and authorized Mining Regulatory Board
directly under DENR Secretary’s control and supervision to
declare and set aside people's small-scale mining areas in sites
onshore suitable for small-scale mining, immediately giving
priority to areas already occupied and actively mined by smallscale miners before August 1, 1987;

Exceptions
a. such areas are not considered as active mining areas;
b. the minerals found therein are technically and commercially
suitable for small-scale mining activities:
c.
the areas are not covered by existing forest rights or
reservations and have not been declared as tourist or
marine reserves, parks and wildlife reservations, unless
their status as such is withdrawn by competent authority,

Suitable areas for small- scale mining:
a. Areas already occupied and actively mined by small-scale
miners before August 1, 1987Public lands not subject to any
existing right,
b. Public lands not subject to any existing rights
c.
Public lands covered by existing mining rights which are not
active mining areas, and
d. Private lands, except those with substantial improvements
or used as a yard, stockyard, garden, plant nursery,
plantation, cemetery or burial site; or land situated within
one hundred meters (100 m.) from such cemetery or burial
site, water reservoir or a separate parcel of land with an area
often thousand square meters (10,000sq.m.) or less.
e. Ancestral lands with prior consent of the cultural
communities
f.
Areas occupied by a community of traditional small-scale
miners, subject to approval of the said community

No ancestral land may be declared as a people's small-scale
mining area without the prior consent of the cultural
communities concerned: Provided that, if ancestral lands are
declared as people's small-scale mining areas, the members of
the cultural communities therein shall be given priority in the
awarding of small-scale mining contracts; provided further that
royalties shall be paid to them by the parties to the mining
contract.

Small-scale miners have easement rights to mining and logging
roads, private roads, port and communication facilities,
processing plant which are necessary for the effective
implementation of the People's Small-scale Mining Program,
subject to payment of reasonable fees to the operator, claim
owner, landowner or lessor of the property.

In no case shall a small-scale mining contract be subcontracted,
assigned or otherwise transferred.
A contract shall have a term of two (2) years, renewable subject
to verification by the Board for like periods as long as the
contractor complies with the provisions of the act.
The small-scale mining contractor shall be the owner of all mill
tailings produced from the contract area. He may sell the tailings
or have them processed in any custom mill in the area
All golds shall be sold to the Central Bank, or its duly
authorized representatives, which shall buy it at prices
competitive with those prevailing in the world market regardless
of volume or weight
Royalty of private land owner shall not exceed 1% of the gross
value of minerals
There is an Inter-agency Technical Advisory Council
attached to the Department of Environment and Natural
Resources which shall be composed of one (1) chairman and ten
(10) members: Secretary of DENR as Chairman, and Secretary of
DOH, Director of PNRI, Secretary of DTI, Secretary of DOST,
Secretary of DND, Secretary of DFA, Secretary of DOLE, Secretary
of DOF, Secretary of DA, Representative from NGO from Health and
safety as members
Section 13 of TSHNWCA enumerates the following as
Prohibited Acts:
a. Knowingly use in chemical substance or mixture which is
imported, manufactured, processed or distributed in
violation of this Act or implementing rules and regulations or
orders;
b. Failure or refusal to submit reports, notices or on the
information, access to records as required by this Act, or
permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and
pre-importation requirements (Meaning, there must be
import clearance before entry of any chemical substances to the
Philippines); and
d. Cause, aid or facilitate, directly or indirectly, in the
storage, importation or bringing into Philippine territory,
including its maritime economic zones, even in transit, either
by means of land, air or sea transportation or otherwise
keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines
Definition of Terms:
Hazardous substances are substances which present either:
1. short-term acute hazards such as acute toxicity by ingestion,
inhalation or skin absorption, corrosivity or other skin or eye
contact hazard or the risk of fire or explosion; or
2. long-term environmental hazards, including chronic toxicity
upon repeated exposure.
Hazardous wastes are substances that are without any safe
commercial, industrial, agricultural or economic usage and are
shipped, transported or brought from the country of origin for
dumping or disposal into or in transit through any part of the
territory of the Philippines.
Nuclear wastes are hazardous wastes made radioactive by
exposure to the radiation incidental to the production or
utilization of nuclear fuels but does not include nuclear fuel, or
radioisotopes which have reached the final stage of fabrication so
as to be usable for any scientific, medical, agricultural, commercial,
or industrial purpose.
Kinds of list of chemicals as provided by TSHNWCA:
1. Philippine Inventory of Chemicals & Chemical Substances
(PICCS) – list of all allowed chemical substances.
2. Philippine Priority Chemical List (PPCL) – list of
prohibited chemical substances




Definition of Terms:
Small-scale mining refers to mining activities which rely heavily on
manual labor using simple implements and methods and do not use
explosives or heavy mining equipment.
Small-scale miner refers to Filipino citizens who, individually or in
the company of other Filipino citizens voluntarily form a cooperative
duly licensed by the Department of Environment and Natural
Resources to engage, under the terms and conditions of a contract, in
the extraction or removal of minerals or ore-bearing materials from
the ground
15
Cartagena Protocol
What is Cartagena Protocol?
The Cartagena Protocol on Biological Diversity is an
international treaty governing the movements of living modified
organisms (LMOs) from one country to another, and seeks to protect
biological diversity from the potential risks posed by genetically
modified organisms resulting from modern biotechnology.
Living Modified Organism (LMO)/ Genetically Modified
Organism (GMO) – any living organism that possesses a novel
combination of genetic material obtained through the use of modern
biotechnology. Overall, the term 'living modified organisms' is
equivalent to genetically modified organism – the Protocol did not
make any distinction between these terms and did not use the term
'genetically modified organism.'
Biosafety Clearing-House (BCH) – an informationexchange mechanism that provides open and easy access to key
information about LMOs
Salient Feature: The parties shall ensure that the
development, handling, transport, use, transfer and release of any
living modified organisms are undertaken in a manner that prevents
or reduces the risks to biological diversity, taking also into account
risks to human health.
Basel Convention
What is Basel Convention?
The Basel Convention on the Control of Transboundary
Movements of “Hazardous Wastes” and Their Disposal is an
international treaty that was designed to reduce the movements of
hazardous waste between nations, and specifically to prevent transfer
of hazardous waste from developed to less developed countries
(LDCs). It does not, however, address the movement of radioactive
waste.
Hazardous wastes are substances which are either (1)
explosive, (2) flammable, (3) toxic or (4) corrosive. Those
substances/wastes that did not fall on the category is defined as or
considered to be a hazardous waste under the laws of either the
exporting country. (see RA 6969)
Atty Usec: As a general rule, no one is permitted to export
hazardous waste. Exception: exporter without treatment facility. In
other words, if an exporter already have a treatment facility, they are
no longer allowed to export hazardous waste.
There are 2 options in resolving the wastes exported from
Canada to the Philippines: (1) ship it back to the source country, as per
Basel Convention; or (2) if there is no way to ship it back, or if would
not be convenient or economical, or if it would cause more harm to the
environment, the concerned State should sit down, discuss the
problem and come up with a solution. In the case at bar, it would be
economical to bury the waste and promulgate a more stringent rules
on importation.
Rotterdam Convention
What is Rotterdam Convention?
Rotterdam Convention on the Prior Informed
Consent Procedure for Certain “Hazardous Chemicals and
Pesticides” in International Trade is a multilateral treaty to
promote shared responsibilities in relation to importation of
hazardous chemicals. The convention promotes open exchange of
information and calls on exporters of hazardous chemicals to use
proper labeling, include directions on safe handling, and
inform purchasers of any known restrictions or bans.
Signatory nations can decide whether to allow or ban the
importation of chemicals listed in the treaty, and exporting
countries are obliged to make sure that producers within their
jurisdiction comply.
The Convention promotes the exchange of information
on a very broad range of chemicals. Basically, the convention is
about the proper labelling of chemicals.
Montreal Protocol
What is Montreal Protocol?
The Montreal Protocol on Substances that Deplete
the Ozone Layer (a protocol to the Vienna Convention for the
Protection of the Ozone Layer) is an international treaty designed
to protect the ozone layer by phasing out the production of
numerous substances that are responsible for ozone depletion.
Due to its widespread adoption and implementation it
has been hailed as an example of exceptional international cooperation, with Kofi Annan quoted as saying that "perhaps the
single most successful international agreement to date has been
the Montreal Protocol". In comparison, effective burden sharing
and solution proposals mitigating regional conflicts of interest
have been among the success factors for the Ozone depletion
challenge, where global regulation based on the Kyoto Protocol
has failed to do so.
Chlorofluorocarbons (CFCs) – ozone depleting substance
Kyoto Protocol
Stockholm Convention
What is Stockholm Convention?
Stockholm Convention on Persistent Organic Pollutants
is an international environmental treaty, signed in 2001 and effective
from May 2004, that aims to eliminate or restrict the production and
use of persistent organic pollutants (POPs).
Persistent Organic Pollutants (POPs) are chemical
substances that persist in the environment, bio-accumulate through
the food web, and pose a risk of causing adverse effects to human
health and the environment.
The Stockholm Convention is perhaps best understood as
having five essential aims:
1. Eliminate dangerous POPs, starting with the 12 worst
2. Support the transition to safer alternatives
3. Target additional POPs for action
4. Cleanup old stockpiles and equipment containing POPs
5. Work together for a POPs-free future
What is Kyoto protocol?
The Kyoto Protocol is an international treaty, which
extends the 1992 United Nations Framework Convention on
Climate Change (UNFCCC) that commits State Parties to reduce
greenhouse gases emissions, based on the premise that (a) global
warming exists and (b) man-made CO2 emissions have caused it.
12 worst chemicals
No.
1
2
3
4
5
Chemical Name
Aldrin
Chlordane
Dieldrin
Endrin
Heptachlor
No.
7
8
9
10
11
6
Hexachlorobenzene
12
Chemical Name
Mirex
Toxaphene
Polychlorinated biphenyls (PCBs)
DDT
Polychlorinated dibenzo-p-dioxins
("dioxins") and polychlorinated
dibenzofurans
Hexachlorobenzene
16