SYLLABUS IN NATURAL RESOURCES AND ENVIRONMENTAL LAW

Department Political and Criminal Law

Course Name/Title Natural Resources and Environmental Law
Course Number Law 218
Semester Offered First
Year Level Offered Second
Credit Units 3
Pre-requisites (if any) n/a
Course Description A study of the constitutional provisions and special laws
governing natural resources, their use and disposition. The
study includes existing laws protecting the environment and
the ecosystem and prevailing rules against despoliation of
the environment.

Learning Outcomes

By the end of the semester, the students should be able to:

a. State and explain the constitutional provisions with respect to the study of
Natural Resources and Environmental Law.
b. Analyze the various special laws governing natural resources, their use and
disposition.
c. Devise, organize, and execute projects for the protection of the environment
and ecosystem.

Course Requirements and Grading Plan

a. For midterms

i. Graded recitation (20% of class standing)

ii. Environmental projects with documentation (40% of class standing)
1.1 Waste Management Campaign

a. Exhibit at the lobby of Diego Silang (4th week of August)

c/o Block B; in cooperation with/under DLUSA

b. Labeling of trash bins for biodegradable and non-biodegradable

in all rooms and floors being used by the School of Law – (2nd week of
August)

1.2 Partnership with the NSTP for the Clean and Green Campaign of SLU-
4th week of August where one section of Natres, with the help of DLUSA,
shall be responsible.

1.3 Placing of plants inside the restrooms of the building floors being
used by the School of Law and placing one environmental quote–
( 1st week of September) c/o Block B; in cooperation with/under DLUSA
 1.4 Tree Planting Activity – 2nd week of September where all sections of
Natres, represented by selected students only, with the help of DLUSA,
shall be responsible.

1.5 Adopt a Barangay (which would eventually be a continuing activity

in the future) for environmental education campaigns and other
environmental activities – 3rd week of September where all sections of
Natres represented by selected students, with the help of DLUSA, shall
be responsible.

1.6 Adopt a Public School (which would eventually be a continuing

activity in the future) for environmental education campaigns and other
possible environmental activities – week after midterm exams where all
sections of Natres ,represented by selected students, with the help of
DLUSA, shall be responsible.

iii. Quizzes (40% of class standing)

iv. Departmental Midterm examination

b. For finals

i. Quizzes (50% of class standing)

ii. Research Paper (50% of class standing)
iii. Departmental Final examination

Course Outline

A. THE LAW ON NATURAL RESOURCES

PART ONE: PRELIMINARIES

I. Introduction

A. Coverage

B. Natural Resources

1. Concept

2. Constitutional policy and framework on natural resources

2.1. Preamble

a. Policy on conservation and development of natural resources

2.2. §2, Art. XII, 1987 Constitution

a. The jura regalia doctrine and the exceptions thereto, the

doctrine of immemorial possession

a1. imperium v. dominium

b. Policy on exploration, development, and utilization of natural

resources

c. Modes of undertaking the exploration, development, and

utilization of natural resources

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 c1. Direct undertaking
c2. Contracts with Filipino citizens and Filipino corporations or
associations
c3. Financial or technical assistance agreements
c4. Small-scale exploration, development, and utilization

2.3. §3, Art. XII, 1987 Constitution

a. Classifications of lands of the public domain under the

Constitution
b. Lands of the public domain under the Constitution v. concept of
public lands under CA 141, as amended; governmental lands v.
public lands v. private lands

c. Rules in owning alienable and disposable lands of the public

domain

c1. By a Filipino citizen

c2. By a Filipino corporation or association

d. Policy of conservation, ecology, development, and requirements

of agrarian reform vis-à-vis determining the size of alienable and
disposable lands of the public domain

2.4. §4, Art. XII, 1987 Constitution

2.5. §5, Art. XII, 1987 Constitution

2.6. §6, Art. XII, 1987 Constitution

a. Stewardship principle

2.7. §§ 7 & 8, Art. XII, 1987 Constitution

3. Importance of natural resources

C. Lands of the Public Domain

1. Concept
2. Classification, §3, Art. XII, 1987 Constitution

CASES FOR STUDY

• Lee Hong Hok v. David, G.R. No. L-30389, December 27, 1972
• Collado v. CA, 390 SCRA 343
• Pangkatipunan v. CA, 379 SCRA 621
• Cariño v. CA, 212 U.S. 449 (1909)
• Barlin v. Ramirez, 7 Phil 41
• Cruz v. SENR, G.R. No. 135385, December 6, 2000 (read opinions of J. Puno, J. Vitug,
J. Kapunan, J. Mendoza, & J. Panganiban)
• Chavez v. PEA, G.R. No. 133250, July 9, 2002 and G.R. No. 133250, May 6, 2003
• SENR, et. al. v. Yap, et. al., G.R. No. 167707, October 8, 2008

PART TWO: PUBLIC LANDS [EMPHASIZING: (1) CA 141, as amended or the PUBLIC LAND ACT
as amended; (2) RA 730 or an Act to Permit the Sale Without Public Auction of Public
Lands of the Republic of the Philippines for Residential Purposes to Qualified Applicants
Under Certain Conditions; (3) RA 10023 of the Residential Free Patent Act; & (4) RA 8371
or the Indigenous People’s Rights Act of 1997 (IPRA of 1997)]

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(Main References: (1) CA 141, as amended; (2) Philippine Law on Natural Resources, 1997
Revised Edition by Ed Vincent S. Albano, (3) RA 8371 or IPRA of 1997 & NCIP Administrative
Order No. 1 Series of 1998 or the Rules and Regulations Implementing RA No. 8371 or the
IPRA of 1997)

I. Public Lands

A. Applicability of CA 141, as amended

1. Meaning of public lands vs. lands of the public domain vs.

governmental lands vs. patrimonial properties of the state

B. Agency empowered to carry out the provisions of CA 141 (Secs. 4, et. seq.,
CA 141)

1. The Secretary of the DENR, powers and functions

2. The Office of the DOLMB, powers and functions
3. The Land Management Bureau (LMB), powers and functions

C. Classification, Delimitation, and Survey of Lands of the Public Domain, for

the Concession Meaning of Public Lands
D. Requisites of a Land to be Privately Owned (Sec. 8, CA 141)
E. Classifications of Lands According to Use (Sec. 9, CA 141)
F. Meaning of Alienation, Disposition, Concession (Sec. 10)
G. Modes of Disposition (Sec. 11)

H. Application and Procedure for Owning Alienable and Disposable Lands of

the Public Domain (Secs. 89, et. seq., CA 141)

1. Before whom to apply

2. Mandatory contents of the application
3. Opposition/Protest

I. Remedies as to the Decisions of the DOLMB

J. Reconveyance vs. Reversion (Arts. 1456, et. seq. of the Civil Code of the
Philippines, Secs. 118, et. seq. of CA 141)

1. Grounds for reconveyance

1.1. Fraud
1.2. Implied / constructive trust Arts. 1448 to 1456 of the Civil Code
of the Philippines)
1.3. Express trust
1.4. Void contracts

2. Grounds for reversion

2.1. Viol. of Secs. 118, 120, 121 122 and 123 of CA 141
2.2. Land is not registrable
2.3. Grantee fails to comply with the conditions imposed by law
2.4. Acquisition is in violation of the Constitution

CASES FOR STUDY

• Lorzano v. Tabayag, Jr., G.R. No. 189647, Feb. 6, 2012

• Heirs of Reterta, etc. v. Sps. Lopez, G.R. No. 159941, August 17, 2011
• Republic, etc. v. Heirs of Angeles, et. al., G.R. No. 141296, October 7, 2002

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• Caro v. Sucaldito, G.R. No. 157536, May 16, 2005
• De Delgado, et. al. v. CA, et. al., G.R. No. 125728, G.R. No. August 28, 2001
• Heirs of Concha, et. al. v. Sps. Lumocso, et. al., G.R. No. 158121, December 12,
2007
• Cawis, etc. v. Cerilles, etc., G.R. 170207, April 19, 2010
• Saad, etc. v. Republic, G.R. No. 152570, September 27, 2006
• Heirs of Nagano v. CA, et. al., G.R. No. 123231, November 17, 1997
• Dolar v. Barangay Lublub, etc., G.R. No. 152663, November 18, 2005
• East Asia Traders v. Republic, etc., G.R. No. 152947, July 7, 2004
• Estate of the Late Yujuico, etc. v. Republic & CA, G.R. No. G.R. No. 168661,
October 26, 2007

II. Homestead (Secs. 12 to 21, CA 141, as amended)

A. Concept, Rationale, Purpose

B. Where to file
C. Qualifications for an applicant
D. Legal requirements
E. Procedure for the issuance of a patent
F. Signing and approving authority

CASES FOR STUDY

• Sta. Ignacia Rural Bank, Inc. v. CA, G.R. No. 97872, March 1, 1994
• Mejia v. Gabayan, et. al., G.R. No. 149756, April 12, 2005
• Kings Properties Corp. v. Galido, G.R. No. 170023, November 27, 2009
• Republic v. CA, et. al., G.R. No. 100709, November 14, 1997
• Lopez v. CA, et. al., G.R. No. 127827, March 5, 2003
• Fontanilla, Sr. et. al. v. CA, et. al., G.R. No. 119341, November 29, 1999
• Flores, etc. v. Bagaoisan, G.R. No. 173365, April 15, 2010
• Sps. Hilaga v. Rural Bank of Isulan, G.R. No. 179781, April 7, 2010
• Heirs of Labanon, etc. v. Heirs of Labanon, etc., G.R. No. 160711, August 14, 2004
• Panaligan, etc. v. CA, G.R. No. 112611, July 31, 1996
• Morla v. Belmonte, et. al., G.R. No. 171146, December 7, 2011
• Paris v. Alfeche, G.R. No. 139083, August 30, 2011
• Abelgas, etc. v. Comia, et. al., G.R. No. 163125, April 18, 2012
• Rabaja, etc. v. AFP Retirement etc., G.R. No. 177181, July 7, 2009

III. Sale of Public Agricultural Lands (Secs. 22 to 32, CA 141 as amended by RA 730
)

A. Who are Qualified to Purchase Public Agricultural Lands

B. Maximum Area that may be Acquired
C. Procedure for the Sale of Public Agricultural Land
D. Instances Where Oral Bidding Allowed
E. Prerequisites to Issuance of Patent
F. Conveyance of Land Before Issuance of Sales Patent
G. Legal Limitations and Restrictions
H. Land Becomes of Private Ownership Only After Issuance and Registration
of Sales Patent
I. Appeal to President Merely Permissive; When Court May Act Without Need
of Exhaustion of Administrative Remedies
J. Officers Charged to Sign Patents

CASE FOR STUDY

• Mercado v. Valley Mountains Mines Exploration, Inc., etc., G.R. Nos. 141019,
November 23, 2011

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IV. Lease of Public Agricultural Lands (secs. 33 to 43, CA 141, as amended)

A. Who Are Qualified to Lease Agricultural Lands

B. Disqualifications and Limitations
C. Procedure for the Lease of Public Agricultural Lands
D. Period of Lease
E. Restrictions Upon Lease
F. Lessee’s Option to Purchase
G. Right of Lessee to Oppose Registration of Land Filed by Other Persons
H. Registration of Lease of Public Land Not Necessary
I. Foreshore Lease Application

CASES FOR STUDY

• Rep. v. CA, G.R. No. 100709, November 14, 1997

• Lu Do and Lu Ym Corp. v. Aznar Brothers Realty, Corp., G.R. No. 143307, April 26,
2006
• Bien v. Bo, G.R. No. 179333, August 3, 2010

V. Confirmation of Imperfect or Incomplete Title

A. Judicial Legalization (Secs. 47 to 57 of CA 141, as amended)

1. Who are qualified; exceptions thereto

2. Requirements
3. Procedure
4. Difference between registration under Land Registration Act and under
Public Land Act
5. Limitations as to area
6. RA 9176 or An act Extending the Period Until December 31, 2020 for the
Filing of the Applications for Administrative Legalization (Free Patent)
and Judicial Confirmation of Imperfect and Incomplete Titles to
Alienable and Disposable Lands of the Public Domain

B. Administrative Legalization or Free Patent (Secs. 44 to 46 of CA 141, as

amended by RA 10023 of the Residential Free Patent Act)

1. Persons entitled to apply

2. Procedure to obtain free patent
3. Free patent when deemed final and conclusive
4. Restrictions on free patents
5. Corporation may acquire under execution sale
6. Jurisdiction of director of lands lost after registration of patent
7. RA 9176 or An act Extending the Period Until December 31, 2020 for the
Filing of the Applications for Administrative Legalization (Free Patent)
and Judicial Confirmation of Imperfect and Incomplete Titles to
Alienable and Disposable Lands of the Public Domain

CASES FOR STUDY

• Sps. Tan v. Republic, G.R. No. 177797, December 4, 2008

• Martinez v. CA, G.R. No. 170409, January 28, 2008
• Igtiben v. Republic, G.R. No. 158449, October 22, 2004
• Republic v. Metro Index etc., G.R. No. 198585, July 2, 2012

VI. Lands for Residential, Commercial, Industrial Purposes

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VII. Lands for Educational, Charitable and Other Similar Purposes

VIII. Reservations for Town Site and Public and Semi-Public Uses

A. Procedure to Establish New Town

B. Case at Point: Baguio City

CASES FOR STUDY

• Heirs of Gumangan v. CA & Heirs of Molintas v. CA, G.R. Nos. 75672 & 75673, April
19, 1989
• The City Government of Baguio v. Masweng, G.R. No. 180206, February 4, 2009
• The Baguio Regreening Movement v. Masweng, G.R. No. 180882, February 27,
2013
• City Government of Baguio v. Masweng, G.R. No. 188913, February 19, 2014

IX. Act No. 2259 or the Cadastral Act vs. Ordinary Land Registration Proceedings

A. Meaning of cadastral survey

B. Cadastral proceedings; procedure
C. Rep. Act No. 931 or “An Act to Authorize the Filing in the Proper Court, Under
Certain Conditions, of Certain Claims of Title to Parcels of Land That Have
Been Declared Public Land by Virtue Judicial Decisions Rendered Without
the Forty (40) Years Next Preceding the Approval of this Act”
D. PD 1271 (Dec. 22, 1977) entitled “An Act Nullifying Decrees of Registration
and Certificates of Title Covering Lands Within the Baguio Townsite
Reservation Issued in Civil Reservation Case No. 1, GLRO Record No. 211
Pursuant to RA 931, as amended, But Considering as Valid Certain Titles of
Such Lands that are Alienable and Disposable under Certain Conditions
and for Other Purposes”

CASES FOR STUDY

• Rep. of the Philippines, etc. v. Hon. Marcos, et. al., G.R. No. L-29675, September 30,
1969
• Rep. of the Philippines, etc. v. Hon. Marcos, et. al., G.R. No. L-32941-R, July 31, 1973

X. Ancestral Lands/Domain

(Main Reference: RA 8371 or the Indigenous Peoples Rights Act of 1997)

A. Brief Background

1. Concept of indigenous peoples and indigenous cultural communities

2. Constitutional policies on indigenous peoples

2.1. Sec. 22, Art. II

2.2. Sec. 5, Art. XII
2.3. Sec. 6(1), Art. XIII
2.4. Sec. 17, Art. XIV

3. Bases for the IPRA of 1997

3.1. 1987 Philippine Constitution

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 3.2. International Labor Organization No. 169
3.3. Draft of the United Nations Declaration on Indigenous Peoples
3.4. Concept of Native Title pursuant to the Cariño doctrine

B. Important concepts – ancestral domains, ancestral lands, certificate of

ancestral domain title, certificate of ancestral land title, communal claims,
customary laws, free and prior informed consent, indigenous cultural
communities / indigenous peoples, indigenous political structures,
individual claims, National Commission on Indigenous Peoples, native title,
sustainable traditional resource rights, time immemorial

C. Rights to Ancestral Domains / Land

1. Concept of Ancestral Land / Domain

2. Indigenous concept of ownership
3. Rights to Ancestral Domains
4. Rights to Ancestral Lands
5. Responsibilities of the IPs to their Ancestral Domains
6. Option to Secure Title under CA 141, as amended or Land Registration
Act 496
7. Existing property rights (Sec. 56)

8. Delineation and Recognition of Ancestral Domains

8.1. Delineation Prior to RA 8371

8.2. Process
8.3. Identification, Delineation, and Certification on Ancestral
Lands
8.4. Rules on Fraudulent Claims
8.5. Communal Right
8.6. Existing Property Rights Regime
8.7. Rules on Natural Rights within Ancestral Domains
8.8. Environmental Considerations
8.9. Certification Precondition
8.10. Temporary Requisition Powers of the NCIP
8.11. Resolution of Conflicts
8.12. Applicable Laws
8.13. Remedial Measures

D. Jurisdiction and Procedures for Enforcement of Rights

1. Primacy of customary laws and practices

2. Jurisdiction of the NCIP
3. Appeals to the Court of Appeals
4. Execution
5. Quasi-judicial powers of the NCIP
6. Prohibition on restraining orders and preliminary injunctions

E. Punishable Acts

CASES FOR STUDY

• Heirs of Madio v. Heirs of Leung, G.R. No. 169161, August 17, 2007
• Lamsis, et. al. v. Dong-e, G.R. No. 173021, October 20, 2010
• Collado, et. al. v. Bockasanjo, etc., G.R. No. 107764, October 4, 2002
• LBP v. Araneta, G.R. No. 161796, etc., February 8, 2012
• Cruz v. SENR, G.R. No. 135385, December 6, 2000 (read opinions of J. Puno, J. Vitug,
J. Kapunan, J. Mendoza, & J. Panganiban)

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 • The City Government of Baguio, etc. v. Masweng, et. al., G.R. No. 180206, February
4, 2009
• Central Mindanao University v. The Honorable Executive Secretary, et. al., G.R. No.
184869, September 21, 2010
• Alcantara v. Commission on the Settlement of Land Problems, et. al., G.R. No.
14583, July 20, 2001
• Heirs of Gumangan v. CA & Heirs of Molintas v. CA, Supra.
• The City Government of Baguio v. Masweng, Supra.
• The Baguio Regreening Movement v. Masweng, Supra.
• City Government of Baguio v. Masweng, Supra.

PART THREE: MINING LAWS

(Main References: RA 7842 or the Philippine Mining Act of 1995 & its Implementing Rules
and Regulations - DAO 96-40, S. 1996, AND A 7076 or the People’s Small-Scale Mining
Act of 1991 & its Implementing Rules and Regulations - DAO 34, S. 92)

I. RA 7842 or the Philippine Mining Act of 1995

A. Declaration of Policy and Governing Principles

B. Important Concepts – ancestral lands, block/meridional block, carrying

capacity, contiguous zone, contract area, contractor, co-production
agreement, ecological profile/eco-profile, environmental compliance
certificate, environmental impact statement, exclusive economic zone,
existing mining/quarrying right, exploration, financial or technical assistance
agreement, foreign-owned corporation, gross output, indigenous cultural
communities, joint venture agreement, minerals, mineral agreement, mineral
land, mineral resource, mining area, mining operation, offshore v. onshore,
permittee, pollution control and infrastructure devices, private land, qualified
person, quarrying, quarry permit, quarry resources

C. Modes of Exploration

1. Direct by the State

2. Mineral contracts with contractors

2.1. Kinds

a. Mineral sharing production agreement

b. Co-production sharing agreement
c. Joint venture agreement

2.2. Who are eligible

2.3. Filing and approval of mining agreements
2.4. Assignment / Transfer of Mineral Agreements
2.5. Withdrawal from Mineral Agreements
2.6. Term of mineral agreements

3. Financial or technical assistance agreements

3.1. Rules on eligibility

3.2. Terms and Conditions
3.3. Rules on negotiation
3.4. Term
3.5. Conditions in converting into mineral production sharing
agreement

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 3.6. Rules on transfer / assignment
3.7. Rules on withdrawal

D. Mineral reservations
E. Areas open to mining
F. Areas closed to mining operations

G. Exploration Permit

1. Concept
2. Who grants
3. Terms and conditions
4. Rights and Obligations of a Permittee
5. Mining Project Feasibility
6. Rules on Transfer / Assignment

H. Quarrying Activities

1. Who are qualified

2. Area Obtainable
3. Term
4. Prohibited Areas
5. Grounds for cancellation of quarry permits

I. Transport, Sale, & Processing of Minerals

1. Ore transport permit

2. Mineral trading registration
3. Mineral processing agreement

J. Development of Mining Communities, Science & Mining Technology

K. Safety and Environmental Protection
L. Auxiliary mining rights

M. Governmental Share

1. In mineral production sharing agreements

2. In other mineral agreements
3. In financial or technical assistance agreements

N. Grounds for Cancellation, Revocation, & Termination

O. Settlement of Conflicts
P. Punishable Acts

II. RA 7076 or the People’s Small-Scale Mining Act of 1991

A. Declaration of Policy
B. Features of Small-Scale Mining Program

C. Some Important Concepts – mineralized area, small-scale miners, small-scale

mining, small-scale mining contract, small-scale mining contractor, active
mining area, existing mining right, claimowner, processor, license, mining plan

D. Declaration of People’s Small-Scale Mining Areas, Reversion of People’s Small-

Scale Mining Areas
E. Future People’s Small-Scale Mining Areas
F. Registration of Small-Scale Miners
G. Award of People’s Small-Scale Mining Contracts

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 H. Rights and Obligations Under the People’s Small-Scale Mining Contracts
I. Terms & Conditions of the People’s Small-Scale Mining Contracts
J. Extent of Contract Area
K. Rights of Private Land Owners
L. Rights of Claimowner
M. Government Share and Allotment
N. People’s Small-Scale Mining Protection Fund
O. Rescission and Administrative Fines
P. Provincial/City Mining Regulatory Board
Q. Penal Provisions

CASES FOR STUDY

• Asaphil v. Tuason, G.R. No. 134030, April 25, 2006

• Dipidio Earth-Savers’ Multi-Purpose Association v. Gozun, G.R. No. 157882, March
30, 2006, 485 SCRA 586
• Republic v. Rosemoor, G.R. No. 149927, March 30, 2004, 426 SCRA 517
• La Bugal-B’Laan v. Ramos, G.R. No. 127882, January 27, 2004, 421 SCRA 148
• La Bugal-B’Laan v. Ramos, G.R. No. 127882, December 1, 2004, 445 SCRA 1
• Lepanto Consolidated Mining Co. v. WMC Resources, G.R. No. 162331, November
20, 2006, 507 SCRA 315
• Benguet Corp. v. DENR, G.R. No. 163101, February 13, 2008, 545 SCRA 196
• Diamond Drilling Corp. v. Newmont Phils., G.R. No. 183576, March 30, 2011
• Lepanto Consolidated v. WMC, G.R. No. 162331, November 20, 2006
• Carpio v. Sulu Resources, G.R. No. 148267, August 8, 2002
• Gonzales v. Climax Mining, G.R. No. 161957, February 28, 2005
• Bonaventure Mining Corp. v. V.I.L. Mines, G.R. No. 174918, August 13, 2008
• PICOP Resources, Inc. v. Base Metals Mineral etc., G.R. No. 163509, December 6,
2006
• Southeast Mindanao Gold Mining Corp. v. Balite Portal, etc. G.R. No. 135190, April
3, 2002
• Calanza, et. al. v. PICOP. G.R. No. 146622, April 24, 2009
• Sps. Calo v. Sps. Tan, G.R. No. G.R. 151266, November 29, 2005

B. THE LAW ON THE ENVIRONMENT

I. Introduction

A. Environmental Law v. Environmental Justice

1. Definition / concept
2. Significance

B. Rep. Act No. 9512 (National Environmental Awareness and Education Act of
2008)

1. Declaration of policy
2. Scope of environmental education
3. Concept of Interagency and multi-sectoral effort
4. Concept of Capacity building

C. Philippine Environmental Problems in Perspective Landscape

1. Philippine Environmental Landscape

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2. Present Environmental Problems

2.1. In Philippine Waters

2.2. In Forest Lands
2.3. Loss of Biodiversity
2.4. In Aerial Territory
2.5. In the Mining Sector

3. Environmental Laws

4. Constitutional Policy and Framework on Environmental Protection

4.1. 1987 Constitution preamble

4.2. § 15, Art. II, 1987 Constitution

4.3. § 16, Art. II, 1987 Constitution

• Oposa v. Factoran, Jr., G.R. No. 101083, July 30, 1993,

224 SCRA 792

4.4. § 1, Art. III, 1987 Constitution

4.5. Art. XII, 1987 Constitution

a. §2
b. §3
c. §4
d. §5
e. §6

5. Pres. Decree No. 1151 (Phil. Environmental Policy)

6. Terrestrial Laws
7. Marine and Aquatic Laws
8. Aerial laws
9. Other Laws
10. Provisions in Other Laws

11. Supplemental Laws

11.1. Chapter on Human Relations in the Civil Code

11.2. Abatement of Nuisance in the Civil Code
11.3. Easements in the Civil Code
11.4. Torts / Quasi-Delict in the Civil Code

12. Principles on the Right to the Environment and the Development of

Environmental Justice

12.1. Basic Principles on the Right to the Environment

a. Sovereignty over natural resources and the obligation not to

cause harm
b. Principle of prevention
c. Precautionary principle
d. Sustainable development
e. Intergenerational equity

12.2. Rights-based Approach

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 12.3. Development of Environmental Justice in the Philippines

13. The Role of the Community in Environmental Justice

13.1. Citizens
13.2. Private Enterprises and Corporations
13.3. Non-governmental Organizations (NGOs) and People’s
Organizations (POs)
13.4. Indigenous Cultural Communities (ICCs) and Indigenous
Peoples (IPs)

13.5. Government Agencies

a. Department of Environment and Natural Resources

b. Department of Agriculture
c. Department of Health
d. Land Transportation Office
e. Philippine Ports Authority
f. Other Government Agencies

g. Environmental Entities Created by Law

g1. Fisheries and Aquatic Resource Management Councils

g2. Inter-Agency Technical Advisory Council
g3. Laguna Lake Development Authority
g4. National Commission on Indigenous Peoples
g5. National Museum
g6. National Solid Waste Management Commission
g7. National Water Resources Board
g8. Palawan Council for Sustainable Development
g9. Pasig River Rehabilitation Commission
g10. Philippine Coconut Authority
g11. Tubbataha Protected Area Management Board

h. Local Government Units

h1. Roles of LGUs

h2. LGUs and the Enforcement of Environmental Laws in
General

II. The Philippine Environmental Impact Statement System (PEISS)

A. Background of the PEISS

B. Environmental Impact Assessment Process

1. Overview of the EIA Process

1.1. The EIA Process and the Project Cycle

1.2. The EIA Process and the Enforcement of Other Environmental
Laws
1.3. The EIA Process and Other Agencies’ Requirements

2. Scope of the EIA Process

2.1. Environmentally Critical Projects and Environmentally Critical

Areas
2.2. Types of Covered Projects

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 3. Documentary Requirements

10.1. Environment Impact Statement

10.2. Initial Environmental Examination Report
10.3. Programmatic Environmental Impact Statement
10.4. Programmatic Environmental Performance Report and
Management Plan
10.5. Environmental Performance Report and Management Plan

C. Stages of the EIA Process/Procedure for ECC Application

D. Fines, Penalties and Sanctions

III. ENVIRONMENTAL LAWS FOR STUDY

A. Laws Protecting the Land and Land Resources

1. PD 705 or the Revised Forestry Code of the Philippines

1.1. Matters on Jurisdiction

CASES FOR STUDY

• Merida v. People of the Philippines, G.R. No. 158182, June 12, 2008, 554
SCRA 366
• Momongan v. Judge Omipon, A.M. No. MTJ-93-874, March 14, 1995, 242
SCRA 332
• Provident Tree Farms, Inc. v. Hon. Demetrio Batario, G.R. No. 92285, March
28, 1994, 231 SCRA 463
• People of the Philippines v. CFI of Quezon, Branch VII, G.R. No. L-46772,
February 13, 1992, 206 SCRA 187
• Daylinda A. Lagua, et al. v. Hon. Vicente N. Cusi, et al., G.R. No. L-44649,
April 15, 1988, 160 SCRA 260

1.2. Prohibited Acts

CASES FOR STUDY

• Aquino v. People of the Philippines, G.R. No. 165448, July 27, 2009, 594
SCRA 50
• Mustang Lumber, Inc. v. Court of Appeals , G.R. No. 104988, June 18, 1996,
257 SCRA 430
• Tan v. People of the Philippines, G.R. No. 115507, May 19, 1998, 290 SCRA
117

1.3. Possession of Lumber Without the Necessary Documents

CASES FOR STUDY

• Taopa v. People of the Philippines, G.R. No. 184098, November 25, 2008,
571 SCRA 610
• Monge v. People of the Philippines, G.R. No. 170308, March 7, 2008, 548
SCRA 42
• Rodolfo Tigoy v. Court of Appeals, G.R. No. 144640, June 26, 2006, 492
SCRA 539
• Perfecto Pallada v. People of the Philippines, G.R. No. 131270, March 17,
2000, 385 Phil. 195

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• People of the Philippines v. Que, G.R. No. 120365, December 17, 1996, 265
SCRA 721

1.4. Non-applicability of Replevin on Items under Custodia Legis

CASES FOR STUDY

• Dagudag v. Paderanga, A.M. No. RTJ-06-2017, June 19, 2008, 555 SCRA
217
• Prosecutor Leo C. Tabao v. Judge Frisco T. Lilagan and Sheriff IV Leonardo
V. Aguilar, A.M. No. RTJ-01-1651 (Formerly A.M. No. 98-551-RTJ) September
4, 2001, 364 SCRA 322
• Calub v. Court of Appeals, G.R. No. 115634, April 27, 2000, 331 SCRA 55
• Factoran v. Court of Appeals, G.R. No. 93540, December 13, 1999, 320
SCRA 530
• Basilio P. Mamanteo, et al. v. Deputy Sheriff Manuel M. Magumun, A.M.
No. P-98-1264, July 28, 1999, 311 SCRA 259
• Paat v. Court of Appeals, G.R. No. 111107, January 10, 1997, 266 SCRA 167

1.5. Conversion of Timber License Agreement (TLAs) to Integrated Forest

Management Agreement (IFMA)

CASES FOR STUDY

• Alvarez v. PICOP, G.R. No. 162243, November 29, 2006, 508 SCRA 498
• Alvarez v. PICOP, G.R. No. 162243, December 3, 2009, 606 SCRA 444

1.6. Obligations of the Transferee

CASES FOR STUDY

• Matuguina Integrated Wood Products, Inc., v. Court of Appeals G.R. No.

98310, October 24, 1996, 263 SCRA 490
• Dy v. Court of Appeals, G.R. No. 121587, March 9, 1999, 304 SCRA 331

2. RA 7586 or the National Integrated Protected Areas System Act of 1992

(NIPAS of 1992)

2.1. Concept

a. Important terms – protected area, buffer zones, natural biotic area,

strict nature reserve, wildlife sanctuary
b. Establishment and extent of the system
c. Additional areas to be integrated to the system
d. Disestablishment as protected area
e. Management plans
f. Protected Area Management Board
g. Environmental Impact Assessment
h. Policy on ancestral lands and rights over them

2.2. Categories

a. Strict nature reserve

b. Natural park
c. Natural monument
d. Wildlife sanctuary
e. Protected landscapes and seascapes
f. Resource reserve

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 g. Natural biotic areas
h. Other categories

2.3. Prohibited Acts

CASE FOR STUDY

• PICOP Resources v. Base Metals, G.R. No. 163509 December 6, 2006, 510 SCRA 400

3. Other Laws

3.1. Salient Features of RA 9175 or the Chain Saw Act of 2002

3.2. Salient Features of RA 9072 or the National Caves and Cave
Resource Management and Protection Act

B. Laws Protecting the Waters

1. Salient Points of PD 979 Marine Pollution Decree of 1976

2. Salient Points of PD 1067 or the Water Code of the Philippines
3. Salient Points of RA 9275 or the Clean Water Act of 2004
4. Salient Points of RA 9483 or the Oil Pollution Compensation Act of 2007

C. Laws Protecting the Air

1. Salient Points of RA 8749 or the Philippine Clean Air Act of 1999

CASE FOR STUDY

• Hilarion M. Henares, et al. v. Land Transportation Franchising and Regulatory Board

and Department of Transportation and Communications, G.R. No. 158290,
October 23, 2006, 505 SCRA 104

D. Laws Protecting the Wildlife

1. Salient Points of RA 9147 or the Wildlife Resources Conservation and

Protection Act

E. Other Environmental Laws

1. Salient Points of PD 856 or the Code on Sanitation of the Philippines

2. Salient Points of PD 1586 entitled “Establishing an Environmental Impact
Statement System, Including Other Environmental Management Related
Measures and for Other Purposes”
3. Salient Points of RA 6969 or the Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990
4. Salient Features of RA 9003 or the Ecological Solid Waste Management Act
of 2000

CASE FOR STUDY

• Province of Rizal, et al. v. Executive Secretary, et al., G.R. No. 129546, December
13, 2005, 477 SCRA 436

5. Salient Features of RA 9729 or the Philippine Climate Change Act of 2009

IV. Rules of Procedure on Environmental Cases (A.M. No. 09-6-8-SC)

A. Strategic Lawsuit Against Public Participation (SLAPP)

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 1. Brief Overview
2. SLAPP Defined
3. Using SLAPP as a Defense
4. Procedure for Using SLAPP as a Defense in a Civil Case
5. Procedure for Using SLAPP as a Defense in a Criminal Case

B. Writ of Kalikasan

1. Brief Overview
2. Nature of the Writ of Kalikasan
3. Persons Who May File a Petition for a Writ of Kalikasan
4. Persons Against Whom a Petition for a Writ of Kalikasan is Filed
5. Courts Where the Petition for a Writ of Kalikasan is Filed
6. Procedure for the Issuance of a Writ of Kalikasan

C. Writ of Continuing Mandamus

1. Brief Overview
2. Writ of Continuing Mandamus Defined
3. Difference between a Writ of Continuing Mandamus and a Writ of
Kalikasan
4. Grounds to Avail of a Writ of Continuing Mandamus
5. Person Who May File a Petition for a Writ of Continuing Mandamus
6. Persons Against Whom a Petition for a Writ of Continuing Mandamus is
Filed
7. Court Where the Petition for a Writ of Continuing Mandamus is Filed
8. Procedure for the Issuance of a Writ of Continuing Mandamus

D. Environmental Protection Order (EPO)

1. Brief Overview
2. Environmental Protection Order Defined
3. Procedure for the Issuance of a Temporary Environmental Protection
Order (TEPO)
4. Procedure for the Issuance of a Permanent Environmental Protection
Order

E. Preliminary Injunction

1. Preliminary Injunction Defined

2. Grounds for the Issuance of a Preliminary Injunction
3. Procedure for the Grant of a Preliminary Injunction
4. Final Injunction
5. Prohibition in Relation to the Enforcement of Environmental Laws
6. Case Study

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