natural resources and environmental law lecture (2014)

Lectures of Judge Alberto Serrano in Natural Resources and Environmental Law

(2S 2014-2015) Angeles, Richard Armand C., Antonio, Anna Alyzza, Cabrera, Laarni A., Eleccion, John Robert A., Moscare, Frances O., Narvasa, Jameh Jann R., Pineda, Daniel Radjit D. and Villamil, Carl Ron F.

ENVIRONMENTAL LAW

A Reminder

The protection, preservation, and

development of the environment is dictated by

man's selfless need to sustain life, it provide a

balanced and healthful ecology for the present

and future generations.

Petition of Atty. Oposa in the case of Minors of the

Philippines vs. DENR (224 SCRA 792)

"The day would not be too far when all

else would be lost not that only for this generation

but also for succeeding generations. Generations

that would stand to inherit nothing but ___ earth

incapable of sustaining life.

In that case, the petitioners were

compelling the Government to require each

barangay to construct a water cashment as a

solution to our environmental problem.

Environmental justice does not also

involve the right to have a healthful ecology but

also a right survive. It is a basic human rights and

involves social justice because persons who are

mostly affected by our current environmental

problem are the poor. Human right to.

When typhoons, changing weather

patterns and flash floods occur, the marginalized

sectors are especially affected and are the

hardest hit. A broad introduction of the

environmental problems in the Philippines

highlighting the areas where major problems exist

and providing a brief overview of their adverse

impact on the country would be taken up. In

addition, the constitutional framework and other

environmental laws in the country as well as

supplemental laws often used to file civil actions

and claim damages for environmental damages

will be discussed. It is important to explore these

laws and present their legal framework not only to

provide the basic legal understanding of our

concerning the environment but also to

emphasize the fact that access to environmental

justice in our country is possible.

What is the Philippines?

-The Philippines is one of the world’s richest

natural resource.

-Ranked 14 out of 17 countries in the elite list of

mega diversity countries. The list is topped by

Australia.

Population statistics

-Australia-17 million

-Metro Manila-20 million

The Philippines is composed of a diverse

variety of flora and fauna as well as aquatic and

marine life. The Philippines is an archipelago

consisting of 7, 107 islands and a land area of

300, 000 square kilometers. It is replete with

mountains and extensive coastal areas. The

country is bounded in the east by the Pacific

Ocean, in the west by the South China Sea, in the

north by the Bashi Channel and in the south by

the Sulu and Celebes Sea. The biggest island

group is Luzon with an area of 141, 395 square

kilometers followed by Mindanao and then by the

Visayas with an area of 6, 606 square kilometers.

Manila, located in Luzon, is the capital city. The

country is known to have a tropical and

monsoonal climate dominated by dry and wet

seasons. The dry season is from December to

May while the wet season is from June to

November. 15.8 million hectares of the country is

classified as forestlands. The country’s coastline

extends to 36, 000 kilometers and have a total of

68 million hectares of territorial waters with around

2.6 million hectares of coral reefs. Furthermore,

more than half of the 1, 130 terrestrial wildlife are

endemic or can only be found in the country.

Approximately, 65% of the 50, 000 species of flora

and fauna known in the world can also be found in

the country. In addition, nestled in the Philippine

waters are 500 of 800 known coral reefs, 2, 000



marine fish species, more than 40 mangrove

species and 16 sea grass species. These should

be prospected and preserved for future

generations.

Present Environmental Problems

The Philippine environment is presently in

crisis. The country’s rich landscape is

experiencing a drastic decline on account of

human activities. Most of the country’s forest

cover is already depleted and about 23% of the

endemic species are threatened with extinction.

Moreover, poor environmental quality has

adversely affected human health and welfare

thereby lowering the quality of life and resulting in

productivity loss. The onset of industrialization

played a critical role in the increase of

environmental problems in the country. The

growing need of Filipinos to sustain themselves

has clearly taken its toll on the environment.

Effluence of waste-industrial waste, human waste,

whatever waste both commercial and domestic

activities led to increasing levels of water pollution

and water scarcity. Human migration resulted to

the conversion of forest lands to residential and

industrial areas and the demand for transportation

services as well as the increase in the number of

factories and industrial plants have all contributed

to the worsening air pollution. Recent tragedies

brought by natural disasters merely highlight this

need to intensify efforts to protect and rehabilitate

the environment. These concerns must be

brought to the forefront of the countries concerned

before the effects of human activities to the

environment become irreversible.

The following are the country’s most serious

environmental problems:

1. Problems in the Philippine waters

2. Problems in our forestlands

3. Problems due to loss of biodiversity

4. Problems in the aerial territory

5. Problems in the mining sector

Types of pollution:

1. Air pollution

2. Water pollution

3. Noise pollution

4. Solid waste pollution

A. Problems in the Philippine waters

The major problem in the Philippine waters is

water pollution. In monetary terms, the adverse

effect of water pollution costs the country 67

billion pesos annually. For example, the water

quality in the Pasig River before the 1930’s was

rich in marine life and sustained communities

living along its banks. As years went by, the Pasig

River became a dumping site of factories. In 1990,

it was declared biologically dead. The Pasig River

Rehabilitation Commission was established under

EO 54 to rehabilitate the Pasig River. In the

National Capital Region, major rivers are polluted

both with domestic and industrial effluents such as

raw sewage, detergents, fertilizer, heavy metals,

chemical products, and oils. In America, you

cannot just change oil in your house. Oil would

seep to the ground and contaminate the water

table, which is a source of clean water. In case of

contamination, remediation is needed to remove

the oil from the water. Remediation is required

when contamination is present, part of America’s

clean water code. Our oceans and marine

resources are at great risk because water

pollution in the form of oil spills (eg. Guimaras

Island) and discharges from shipping vessels in

both domestic and foreign vessels are present.

The most striking, however, is that water pollution

affects fresh water availability. Despite being

composed mostly of water, the Philippines is

experiencing episodes of water scarcity and

depletion. As a result, the available fresh water is

insufficient to meet the demands of increasing

population. Both over extraction of available

ground water and the pollution of potential fresh

water sources contribute to the decrease of

available fresh water. Research shows that if this

problem persists, the Philippines will experience a



water crisis in less than 20 years and the amount

of fresh water available to each person by 2025

will decrease by 65% of the current per capita

availability. This is without considering the fact

that industrial demand for fresh water is expected

to increase to 13, 000 million cubic meters by

2025 while agricultural water usage is expected to

require between 50, 000 and 73, 000 million cubic

meters by 2025. The present fresh water

availability per capita in the Philippines is only 1,

907 cubic meters which is very low compared to

other Asian countries which is 3, 369 cubic meters

per person and world averages of 7, 045 cubic

meters per person. The per capita availability of

fresh water in the Philippines is the lowest in

Southeast Asia. The water problem could be

ascribed to poor governance, poor planning,

fragmented water management, and weak

enforcement of environmental laws. To address

these issues, stricter effluent standards should be

imposed and changes in the lifestyle of people to

keep domestic effluent under control.

Lawyers are the social doctors of the

world. Lawyers are among the three healers in the

world. The first are doctors who are physical

healers. The second are lawyers who are social

healers-they heal social illnesses. Third, are the

priests who are spiritual healers.

B. Problems in Forest lands

Deforestation. The country’s forest cover has

dropped from 270, 000 square kilometers at the

end of 1998 to only 8, 000 square kilometers in

2006. Increasing authorization of commercial

logging, kaingin, slash and burn agriculture, and

forest fires all contribute to the deforestation

problems. There is also a conversion of

grasslands and forestlands to urban use prompted

by the growing population. In Singapore, high-rise

and even underground mechanisms are utilized.

Inconsistent laws, inadequate regulation, weak

enforcement and lack of adequate funding play

significant roles.

C. Problems due to loss of biodiversity

Biodiversity is defined as the variability among

living organisms from all sources including among

others terrestrial, marine and other aquatic

ecosystems in the ecological complexes of which

they are part. This includes diversity within

species, between species and ecosystem.

(Malabo rin yung definition diba?)

Main cause of loss of biodiversity

Number one, it occurs in the terrestrial

area of man but also in the coastal waters, the

deforestation problem is connected with the loss

of biodiversity. Many of the Philippine species, a

lot of which are endemic and depend on the

forest, are gradually becoming extinct, the reason

for this is that, forest lands, once occupied by

these species, are raised and converted into

residential or agricultural areas. So the loss or

alteration on their habitat gravely affects the

resident species, chances for survival, they are

not only driven out from their habitat but they are

also deprived of their food source. Scarcity of their

food supply usually leads to their extinction.

However, the loss of their habitat, threatens to

destroy the ecological balance of communities

and of ecosystems. For example, is the

endangered Philippine Eagle. That is the reason,

because of the loss of habitat.

Another area of supreme concern in the

loss of biodiversity is our coastal and marine

water as well as inland water resources such as

lakes, rivers and reservoirs. The causes for this

loss of biodiversity are water pollution, influence

from agricultural, industrial and domestic areas,

which contribute to the deterioration and pollution

of our inland water resources. So as a

consequence, water quality in these water

resources has deteriorated causing habitat loss

also and deprivation. So entourage of fresh water

species and species other than fish such as

amphibians are also endangered of extinction.

Also diversion of rivers for irrigation and dam



construction have affected the movement of

migratory species and drastically changed river

habitats.

D. Problems in aerial territory.

Air Pollution is a serious and pressing

problem in the Philippines. The World Health

Organization ranked Manila as the fourth largest

air polluted capital in the world, next to Mexico,

Shanghai, and New Delhi. Reports have shown

that every year, 5000 premature deaths which

have occurred in the Philippines were caused by

respiratory diseases such as severe bronchitis,

pneumonia, lung cancer, and cardiovascular

disease. As much as 1.5 million Filipinos suffer

from respiratory sickness due to indoor pollution in

urban areas and one third of the number suffers

from various illnesses due to indoor pollution.

These deaths and illnesses have caused the

country 950 million productive loss and health

care expenses. Clearly, air pollution not only

affects the human health of the Filipinos, it also

has the repercussions on the economy.

What are the causes?

Rapid urbanization and industrialization

Air pollution are caused by 2 types of sources:

1. Outdoor Air Pollution

Is large scale pollution outside the people’s zones.

Involves external pollutants such as vehicular

emissions.

2. Indoor Air Pollution

Involves proximity to indoor air pollutants such as

cigarette smoking and cooking with solid fuels.

E. Problems in the mining sector

Mining is a major industry in the

Philippines and is believed to play a vital part in

determining the success of country's economy. It

generates employment, more than 192,000 jobs

have been created since 2010. It provides taxes

on mining companies, making it one of the major

sources of revenue for the local governments in

the area. On the national level, mining activities

also contribute to the country’s export earning

amounting to 1.4 Billion in 2009 and 391 Million

for the first half of 2010. Industry has accounted

for almost ¼ of the country’s total export of

earnings and contributed significantly to the

country’s gross domestic product in the early

1980s. However, the long term effects of mining

operations have resulted in significant damage to

the environment such as deforestation, loss of

wild life habitat, decrease in the quantity and

quality of water supply, decrease in agricultural

production, erosion and flash floods, water and air

pollution, and threat to the marine environment

brought by erosion. In fact, the Philippines today

is considered one of the worst countries in the

world when it comes to dam failures (yung mga

latak ng ano, ng minerals naiiwan, by the way).

Toxic waste of the mining sites are not properly

disposed of which has led to disastrous

consequences for the local people and the

environment. Mining in the Philippines typically

consists of open pit mining (ito yung binubutas

yung bundok, hukay lang nang hukay) which

involves flattening of mountain taps and creation

of huge craters. This form of mining produced

huge amount of toxic wastes, large scale gold

mining also results in huge amount of toxic wastes

such as cyanide, which is used to separate the

gold from the ore thereby releasing potential

harmful toxic metals. So the negative effects of

mining are very apparent in the infamous space or

land copper mind disaster of 1996. The mining

site consisting of more than 400 million metric

tons of waste caused widespread damage to farm

lands and property. Mining also results in the

reduction of forest covers which is targeted for

flood areas. Oftentimes, mining is conducted

within the ancestral domains of the indigenous

people. Now, under the RA 8371 (IPRA 1997), the

mining operators must be able to secure the free,

prior and informed consent of the indigenous

people on whose territory the mining will be

conducted. Unfortunately, despite these

requirements, mining operations result in the

displacement of the indigenous peoples. Not only



big-scale but also small-scale mining activities are

just as destructive to the environment. Problem is

the monitoring of mining activities. According to

the government itself, the problem is that

monitoring and regulation is not lodged with the

DENR but with the provincial mining regulatory

board which is led by the Governor (so localized

not on the national level).

Related of course to the environmental

problems is pollution.

What is pollution?

When something is added to the

environment which is harmful, poisonous, or fatal

to the people and the animal surrounding it and

other living things, it is called pollution. Pollution is

also the contamination by chemical or other

pollutants that renders part of the environment

unfit for the intended or desired use. This is

triggered by industrial and commercial waste,

agricultural practices, day to day human activities,

modes of transportation, as well as other sources.

Even chemical substances or energy may cause

pollution such as noise, heat or light.

Common types of pollution

A. Air pollution

Caused by the accumulation of hazardous

substances to the atmosphere that endangers

human life and other living matters. The most

dominant player of air pollution is automobiles or

vehicles. Other causes are combustion of coal,

acid rain, manufacturing buildings, tobacco

smoke, pain fumes, aerosol sprays, nuclear

weapons, wild fires. The effect of air pollution is

respiratory diseases (number 1 yan), it causes

respiratory diseases. The second one is heart

diseases caused by increased level of carbon

monoxide in the air. In addition persons cannot

avoid the risk of asthma, lung irritation and

bronchial disease due to air pollution. In estimate,

the air pollution amounts to 80% of premature

death of persons. Can you imagine that, the

population of Japan, this year (ata) 30 to 35% of

the total population of Japan, is aged 65 and

above (matatanda na ang mga Hapon). In 5 more

years, the senior citizens will compose 40% of

their population (Kaya punta na lang tayo ng

Japan. Nangangailangan sila ng workers.

Sobrang dami natin di ba? Maganda kasi ang

Japan. Ganun din sa Korea.).

B. Water pollution

It is due to the introduction of chemical,

biological and all sorts of physical matter into

large bodies of water that degrade the quality of

life that lives in it and consumes it. It has been

caused by fertilizers, pesticides, petroleum

derivatives. In addition, other contributors to water

pollution are waste treatment facilities, mining,

pesticides, herbicides, oil spills, refiners, failing

septic systems, anti-freeze leaks from cars,

animal wastes, soap from washing cars,

household chemicals and many more. (Of course

have already discussed this in relation with water

pollution) it reduces the source of clean water

which is important in sustaining life not only of

human but also of animals.

C. Noise pollution

It is the excessive noise that may distract

the activity of balance human or animals. The

main causes of noise pollution are of course

machine, transportation systems (bakit ba

pinayagan mga motorsiklo, tricycles, ang ingay

niyan eh), aircrafts (lalo na yung mga malapit sa

mga airports). In addition, it may be due to poor

urban planning. Indoor noise may be caused by

machines’ building activities, performances (sino

ba di maingay kapag di nagpeperform?) and other

forms of noise.

D. Solid waste pollution

This takes a lot of share in total pollution.

This type of pollution may be composed of



municipal solid waste (yung basura), and

hazardous waste, plastic waste, and E waste. So

the MSW (municipal solid waste) also called trash,

garbage is mainly composed of everyday items

that are discarded by the public.

2 Types of MSW

1. Biodegradable/Recyclable

2. Non-Biodegradable

Hazardous waste are classified into 4

categories

1. Ignitability

2. Activity

3. Proceedity (?)

4. Toxicity

Plastic wastes pose great threat to the

environment because its non-biodegrable nature.

It is at the top of the chart in pollution (mga basura

nasa landfill na natin yan).

E wastes which include electrical and

electronic equipment. E wastes cover office

equipment, television sets, discarded computers,

entertainment device electronics and mobile

phones. All E waste causes led, cardium(?),

delivium(?). One of the biggest sources of E

waste is the batteries discharged from electronics

such as from computers and mobile phones.

Remediation of the environment is a big business

in the United States. Big companies specialize on

environmental clean ups.

Principles on the Right to Environment

As the people become aware and vigilant

about state of environment and insisted that

defenders of the environmental laws be held

accountable, the Philippine environmental laws

and government regulations should be enforced in

order to protect the environment and help people

in all walks of life and in pursuit to a balanced and

healthful ecology. The environment has become

an important issue and it is imperative that people

should be fully informed of what the relevant

environmental laws are so that they may become

fully aware of what are allowed and what are

prohibited in relations to their actions affecting the

environment.

The right to environment is a fundamental

right of each person. This need not be written in

the Constitution but it has been incorporated in

the fundamental law. The right to environment has

existed since the inception of human right. This

has been highlighted in the Constitution. Related

to the right to environment of course is

environmental justice. This is an evolving idea

since there is no single definition for this simple

yet powerful concept.

The basic principles on the right to

environment that underlie the rules of procedure

for environmental cases include the following:

1. Sovereignty over natural resources and

the obligation not to cause harm

2. Principle of Prevention

3. Precautionary Principle

4. Sustainable Development

5. Intergenerational Equity

A. Sovereignty over natural resources

and the obligation not to cause harm

Since the 1970s, State sovereignty over

natural resources is always read or taken into

account with the obligation not to cause harm.

Every state of course is sovereign within its

territory. It can do whatever it pleases with the

resources within its territory. However, because of

environmental concerns, for example, Principle 21

of the Stockholm Declaration which is the

cornerstone of the international environmental law

reflects the principle of sovereignty over natural

resources and the duty not to cause harm. The

Stockholm Declaration particularly declares that

States have, in accordance with the charter of

United Nations and the principles of International

Law, sovereign right to exploit their own resources

pursuant to their own environmental policies and



to do the responsibility to ensure that activities

within jurisdiction or control do not cause damage

to the environment of other states or areas

beyond the limits of national jurisdiction. So that is

the duty not to cause harm. There should be a

balance between the sovereignty to exploit and its

duty to ensure that the State do not cause

damage to the areas of other states.

The sovereign right over natural

resources includes the right of the States to be

free from external interference. The exercise of

State sovereignty however has its limits. Principle

21 provides that the state has responsibility not to

cause harm beyond the limits of its national

jurisdiction. The no harm principle recognizes that

states’ activities may be trans-boundary in nature

and is also meant to balance the sovereign

principle of states and require them to take

responsibility for their actions which cause harm

outside of their territory. (Nuclear testing dapat

bina-ban because it affects other territory and the

environment. So dapat di na pinapayagan yan.)

B. Principle of Prevention

The principle of prevention aims to stop

the environmental damage even before it occurs

or when it is critical or potential damage may be

irreversible. The principle of prevention of

prevention should be differentiated from the

obligation not to cause harm. The obligation not to

cause harm deals with the effects of states’

activities outside its own territory without regard to

the activities that cause environmental harm

within the State while the principle of prevention

encompasses only environmental harm within a

States’ own territory. So in applying this principle,

action should be taken at an early stage, for

example to reduce pollution, rather than wait for

the irreversible effects to occur. For example, the

discharge of toxic substances in amounts which

exceed the capacity that the environment can

handle must be stopped or halted in order to

ensure that no irreversible damage is inflicted.

This is done to prevent irreversible harm for it is

better to stop pollution rather than commence

efforts to clean the contaminated areas later in the

day.

A method by which this principle is spread

out is through the issuance of permits or

authorizations. These permits fix the conditions of

administrative controls and criminal penalties.

Another application of this principle is the

conduct of Environmental Impact Assessment

(EIA). In the Philippines, the governing law in the

conduct of the EIA is PD 1586 (An Act

Establishing an Environmental Impact Statement

System) including other environmental

management related measures.

The principle of prevention is based on

the idea that it is better to prevent than employ

measures after harm has occurred in order to

restore the environment. Corollary to this principle

(or the expansion of the principle of prevention) is

the precautionary principle.

C. Precautionary Principle

Actually, this has been embodied in Rule

20 of the Rules of Procedure for Environmental

Cases. The basis of this environmental principle is

Principle 15 of the Rio Declaration (Rio De

Janeiro, Brazil) commonly known as the

Precautionary Principle.

In order to protect the environment, the

precautionary approach shall be widely applied by

States according to their capabilities. Where there

are threats of irreversible damage, lack of full

scientific certainty shall not be used as a reason

for postponing cost-effective measures to prevent

environmental degradation. The principle

advocates that the potential harm should be

addressed even with minimal predictability at

hand. The precautionary principle requires a high

degree of prudence from the part of the State

owners. Decision-makers are not only mandated

to account for scientific uncertainty but it can also



take positive action – it can restrict a product or

activity even when there is scientific uncertainty.

Example: Food and Drug Administration (FDA) - if

a product is to be marketed, it should have the

approval of the FDA (or at least some of the

products).

Under the Rules of Procedure for

Environmental Cases, the precautionary principle

is adopted as a rule of evidence. The Supreme

Court’s adoption affords the plaintiff a better

chance of proving their cases where the risks of

environmental harm are not easy to prove.

Dolphins vs Secretary Reyes, et al.

SC-GR No. 180771 (Undecided)

• Dolphins etc. in the Tañon Straight

• Alleged harmful effect to the dolphins

because of oil exploration.

• Issue: Require the application of

precautionary principles

• We are not certain scientifically that it will

cause the death of these animals. But it is better

to err in favor of protecting the environment than

later regret the harm done

• Apply precautionary principles as a rule of

evidence because under the Rio Declaration (to

reiterate) where there are threats of irreversible

damage, lack of full scientific certainty shall not

be used as a reason for postponing cost-

effective measures to prevent environmental

degradation

D. Sustainable Development

Development of the country should meet

the needs of the present generation yet that

development should be sustainable so that the

future generations will also benefit from the

development. Sustainable development is the

process of developing land, cities, businesses,

communities and so forth that meets the needs of

the present without compromising the ability of

future generations to meet their own needs. (Kung

mag-aasawa kayo, ano ang ipapamana nyo sa

mga anak nyo? Wag kang swapang.)

Key Concepts:

1. Existence of needs with particular focus to

the needs of the poor.

2. Environment has limitation in meeting the

needs of present and future generations

The principle of sustainable development

addresses the need to reconcile issues of

development and environmental protection. It

recognizes that development requires economic

exploitation to satisfy the needs of growing

population while at the same time protecting the

environment for future generations. The concept

of sustainable development seeks to achieve

exploitation of resources while leaving the

environment intact for the use of future

generation. Non-renewable resources must be

used as efficiently as possible (example,

Malampaya natural gas). According to this

principle, there must be optimal management of

natural resources. This principle is also embodied

in the Philippine agenda which was formulated as

a response to the country’s commitments in the

1992 Earth Summit in Rio De Janeiro, Brazil.

E. Intergenerational Equity

The concept of intergenerational equity

supports the principle of sustainable development.

Present generation holds the natural resources in

trust for future generations. Intergenerational

Equity means each generation’s responsibility to

leave an inheritance of wealth no less than what

they themselves have inherited.

This was actually applied by the Supreme

Court in the case of Oposa vs Factoran (Penned

by Chief Justice Davide). This is the case where

the SC had the occasion to discuss the concept of

intergenerational responsibility. The case was

instituted by minors along with their parents

alleging that the Secretary of Natural Resources

acted with grave abuse of discretion in issuing the

Timber License Agreements (TLA) to cover more

forest areas. The Respondents alleged (1) that



the minors who invoked the right to a balanced

and healthful ecology have no valid cause of

action and (2) that they have no standing. The SC

said that the minors were entitled to sue on the

basis of intergenerational responsibility. They are

suing not only in their behalf as persons who

already exist and are entitled to a balanced and

healthful ecology but also for children yet unborn.

The personality of minors to sue in behalf of the

succeeding generations can only be based in the

concept of intergeneration responsibility insofar as

the right to a balanced and healthful ecology is

concerned. Such a right considers the rhythm and

harmony of nature. Nature means the created

world in its entirety. Such rhythm and harmony

indispensably include, inter alia, the judicious

disposition, utilization, management, renewal and

conservation of the country’s forest, minerals,

land, waters, fisheries and other natural resources

to the end that the restoration, development and

utilization be equitably accessible to the present

as well as the future generations.

Rights-based Approach

This is a recognition of the right to

environment as a fundamental human right.

Rights-based Approach is based on the

recognition of the right to environment as a

fundamental human right which ought to be

protected. In environmental justice, the rights-

based approach can be found in various

international documents. Examples: Universal

Declaration of Human Rights (UDHR), Stockholm

Declaration, and Rio Declaration, among others.

Under the UDHR the right to a standard of

living adequate for health and well-being is

provided there. All of us have a right to a standard

of living adequate for health and well-being. Such

right carries with it the right to the environment.

In the Stockholm Declaration which is a

primary document in international environmental

law, it was stated in Principle 1 that man has a

fundamental right to freedom, equality, and

adequate conditions of life in an environment of

quality that permits a life of dignity and well-being.

And he bears a solemn responsibility to protect

and improve the environment for the present and

future generations.

In this respect, policies holding and

perpetuating after time racial segregation,

discrimination, colonial and other forms of

oppression and foreign domination stand

condemned and must be eliminated.

In the Rio Declaration, under its 27

Principles, the goal of ensuring protection of the

environment must be recognized. So Principle 1

acknowledges that human beings are the center

of concerns for sustainable development. The Rio

Declaration also underlines the obligation of

States not to cause harm beyond its jurisdiction -

sovereignty and the obligation not to cause harm.

You also consider environmental protection as an

integral part of development. The Rio Declaration

also mandates that the States cannot (di ko

maintindihan sori parang may “poverty”) and give

special attention to the least developed and

environmentally vulnerable countries,

emphasizing that the cooperative process

states a common but differentiated

responsibilities. In achieving sustainable

development, the Rio Declaration also recognizes

the importance of enjoining the citizens in

addressing environmental issues with particular

emphasis in the roles of women, the youth, and

the indigenous peoples.

So what is it that should be enforced as a

cause of action? Well, under the rights based

approach, the right of persons to environmental

protection has the same level as a basic human

right diba. Under the civil code HR violated, you

have redress diba. It’s also a basic human right so

can you enforce it in a court of law? Yes, of

course! But what do you enforce? The adoption of

the rights based approach placed a crucial role in

litigation because persons can be allowed to

litigate on the basis of their right to a healthy



environment in the same way that they can litigate

on the basis of their civil and socio-economic

rights. So in line with the rights based approach,

there is a growing trend towards achieving

environmental justice.

Presently, the concept of environmental

justice varies among groups. Some define

environmental justice as the goal of achieving

adequate protection from or against the harmful

effects of environmental agents – EVERYONE

regardless of age, culture, ethnicity, gender, race,

or socio-economic status. And others view

environmental justice as equitable distribution of

burdens of the environmental harms among

various groups.

One author suggests that there are two

fundamental principles of environmental justice –

DISTRIBUTIVE and PROCEDURAL justice. In

distributive justice, this refers to the equitable

distribution of the environmental risks and harms

while procedural focuses on the right of the

stakeholders to participate on the decision making

processes concerning the environment and

enabling them to have access to relevant

information.

While the concept of environmental

justice differs depending on the perspective of the

individual or entity, the ultimate goal is to enhance

the involvement of the people, to ensure access to

justice. There is heavier emphasis on policies,

laws, and legal procedures. In the context of

judicial system, environmental justice is tested in

the light of existence of adequate laws and

policies, quality of its enforcement, and existence

of available remedies for those affected by

violations of environmental laws and regulations.

How to attain environmental justice:

1. Environmental laws Including international

laws, treaties, protocols, and conventions

2. Quality of enforcement of these laws

3. Existence of available remedies to

enforce these laws

Basically, to consider the right of environment as

a fundamental right, it is already part of the Bill of

Rights diba. What right should already cover it?

Right to life! O what is that? DUE PROCESS

LAW!!

Classes of laws

1. Terrestrial laws (ex. PD705 – revised

forestry code of the Phil.)

2. Marine and aquatic resources laws

3. Aerial

4. Others

Act 3572 an act prohibiting…

PD 705

PD 1433 Land Warranty Decree of 1978?

RA 3571 an act to prohibit cutting, destroying or

injuring of planted or growing trees

RA 7076 Peoples Small Scale mining act

RA 7586 National Integrated Protected Area

System Act of 1992

RA 7611 Environmental Plan for Palawan Act

RA 7942 Phil Mining Act of 1995

RA 9072 National Cave and Cave Resource

management and Protection Act

RA 9147 Wildlife Resources Conservation and

Protection Act

RA 9175 Chainsaw Act

State’s duty

Government agency responsible = DENR

Purpose or primary task of DENR is to ensure

equitable sharing of the benefits derived from the

environment for the welfare of the present and

future generations. DENR is the lead but not the

only agency responsible.

5 pillars of justice system:

1. Community

2. Law enforcement

3. Prosecution

4. Judiciary

5. Penology or the jail management

department or whatever



Each pillar has its task in enforcement of

environmental laws and in the prevention of

damage. Judiciary promulgated rules already for

violations of laws and designated environmental

courts throughout the Philippines (Election court

kay judge so hindi designated)

April 13, 2010 – Rules on Procedure on

Environmental cases with the following

objectives:

1. To protect and enhance the constitutional

right of the people to a balanced and healthful

ecology

2. To provide a simplified, speedy, and

inexpensive procedure for the enforcement of the

environmental rights and duties under the

constitution, existing laws, rules, and international

agreements.

3. To introduce and adopt innovations in

best practices ensuring effective remedies and

redress for violations of environmental laws

4. To enable the courts to monitor and exact

compliance with orders and judgments in

environmental cases

In accordance with the objectives of the rules

of procedure, the following strategies were

adapted:

1. Liberalized legal standing and citizen suit

like Oposa vs. Factoran

2. Speedy disposition of cases

3. Special remedies in the form of “Writ of

Kalikasan” “writ of continuing mandamus”

and the environmental protection orders

4. Consent decree

5. Adaption of Strategic Lawsuit Against

Public Partici…(SLAP)

Environmental Laws

PD 1586 Phil Envi Impact Statement System –

mandates that private corporations, firms, or

entities, agencies and instrumentalities of the

government, prepare an environmental impact

statement (EIS) for every proposed project or

undertaking which affects the quality of the

environment. The purpose is for the government

to study whether or not it will grant the

environmental compliance certificate (ECC). The

project can only be undertaken once the ECC is

issued.

RA 8749 Clean Air Act of 1999 – comprehensive

air management policy and program which aims

to achieve healthy air for all Filipinos.

RA 9275 Phil Clean Water Act of 2004 – protects

the countries water bodies from land based

pollution sources and also provides for

comprehensive strategy to minimize pollution in a

multi-sectoral and participatory approach including

all the stakeholders

RA 6969 Phil Toxic Substances and Hazardous

and Nuclear Waste Act – legal framework to

control and manage the importation, manufacture,

processing, distribution, management of toxic

substances, hazardous, and nuclear waste. The

DENR will issue a Chemical Control Order to

prohibit or regulate the manufacture etc. of priority

chemicals determined to be regulated or banned

because of serious risks they impose on public

health and environment. There is a list of 48 toxic

chemicals.

RA 9003 Philippine Ecological Solid Waste

Management Act - provides for a systematic,

comprehensive and ecological solid waste

management program which shall ensure

protection of public health and environment.

R.A. 9779 Climate Change Act of 2009 - this law

aims to systematically integrate the concept of

climate change in the policy formulation and

development plans of all government agencies

and units to the end that the government will be

prepared for the impact of climate change.

R.A. 93512 Environmental Awareness Act of 2012

- The law aims to promote environmental



awareness through environmental education. The

month of November, by the way, has been

declared as the environmental awareness month.

What is Environmental Justice?

The phrase eluded scholars, but one

definition given by the Environmental Protection

Agency of the United States – it is the fair

treatment of all people, no matter what their race

color national origin or income level in the

development implementation and enforcement of

environmental laws, regulations and policies;

meaning that no group of people including racial

or socio economic groups should bear a

disproportionate share of the negative

environmental consequences resulting from

industrial, commercial municipal operations in the

execution of programs and policies.

The department of Energy of USA – fair

treatment and meaningful involvement of all

people regardless race, ethnicity income or

education level in environmental decision making.

J. Corona mentioned environmental justice is

actually a combination and integration of

environmental law and social justice because

every person has a right to a clean, safe and

healthy environment.

As embodied in the Phil. Const. is right of

the people to a balanced and healthful ecology.

This right has the correlative duty which is to

refrain from impairing the environment.

Other countries define environmental

justice as the pursuit of equal justice and equal

protection under the law for all environmental

statutes and regulations w/o discrimination based

on race, ethnicity and status. It is also the fair

treatment of all people regardless of race, color,

national origin and income.

So no matter how the concept is defined

what is the core of environmental justice is, is the

idea that brings together environmental protection

and social justice.

By analysing environmental issues in

terms of social justice, the term, looking at the

path of social justice environmental perspective

more effective and efficient way of dealing with

environmental challenges can be achieved this

was done by the SC thru the promulgation of rules

of procedure for environmental cases which is to

enhance mechanism for accessing justice by the

benefits to environmental violations and at the

same time upholding the people’s right to a

balanced environment and healthful ecology.

Beyond the rules of procedures lies the social

component of environmental justice in our

country, the effects of environmental violations

has been mostly felt by those in the marginalized

sectors of our society they suffer a dreadful

decline in health and in the quality of hearing due

to pollution and environmental damage. The

adverse effects of environmental violations are

silent killers whose victims are those who do not

have the means of protecting themselves. The

Rules of Procedure provide the victims means to

empower themselves thru the availment of

remedies accorded to them. This serves as an

effective response to the urgent need to address

environmental problems in order to prevent the

harsh effects of environmental damage most

notable in water air deforestation and loss in

marine and terrestrial biodiversity. The country

has seen the most dangerous of all effects

brought about by climate change. Yolanda.

Global warming cause countries

significantly at risk where about half of the total

area of more than 80% of the population are

vulnerable to natural disasters.

How did this environmental justice

evolve? Makinig lang muna kayo anyway hindi

naman ito...background lang.



(1:33:32) The concept of environmental

justice emerged in 1982 the USA in the case of

_______vs. South Western. This case involved a

decision of the North Carolina SC. The State of

North Carolina choose ______ it predominantly

lack unity in county NC as the dumpsite for toxic

waste landfill for over 32K cubic yards of

polychornicrom cholorinated. a massive protest

was lead by a certain reverend _______ coined

term environmental ______. This concept was

incorporated into the 1991 National People Call

on Environment Summit with certain principle of

Environmental Justice (EJ) as adopted.

Two major studies were undertaken on

the distribution of environmental hazards. And the

studies show that location of hazardous waste

dumping sites in USA were in predominantly

African American communities.

(1:35:35) Another principal player in the

advent of environmental justice is sociologist

______ Bolard? In his book provided an empirical

support to his studies mentioned Eirin

Bronchovic? (she advocated the rights of people

who have damage or affected by the toxic

material restored in their area. They were able to

secure damages..clients were able to receive

environmental justice).

Environmental issues had been in the

public eyes. In early 1990s the federal

government of the US are taking actions from the

issue through the environmental protection... The

administration issued an environmental work

group distributional issue raised by environmental

policies and enforcement. In 1992, it also created

the office of Environmental justice. In 1994,

President Bill Clinton (idol ni sir, classmate ni

GMA, Georgetown) EO 12 Titled Federal action to

address environmental justice to minority and low

income population. It directed government

agencies to making Environmental Justice (EJ)

vital part of their vision by reviewing their

programs polices and activities.

Environmental justice has become a

worldwide concern with researcher examining the

same issues in other countries as it was spurred

by movement that started in the USA. In USA the

EJ movement dealt predominantly with race and

the equality needs in the environment. (1:39:14)

Globally, the concept has evolved and shifted in

focused, it is said that _________ suffer the

highest burdens of environmental degradation

many countries believe that EJ can apply to

communities where those receive disadvantage

whether due to their race, social status,

immigration status, etc. are at a disproportionate

risk of being exposed to environmental hazards.

The issue of fairness and equitable access to the

resource of the earth has been brought to

international awareness.

Sources of these various Principles of

International Environmental laws

1. 1992 Rio Declaration

2. 2002 Hansburg principle

3. The rule of law on Sustainable

Development (SD)

SD recognized that people most affected

by environmental degradation are the poor and

therefore there is an urgent need to strengthen

the capacity of the poor. There is representative to

defend environmental rights to ensure that the

little sections of society are not prejudiced by

environmental degradation and not able to enjoy

their right to live, social and physical environment

that respects and promotes their dignity.

Environmental right is actually a component of

human right. It grew out of human right – this is

the result of the genocide committed in the

Second World War act, remember the holocaust.

The UN General Assembly adopted the

Universal Declaration of Human Rights. Article 35

thereof speaks of the right to standard of living

adequate for the health and well-being of an

individual and his family. This Universal

Declaration of Human Rights filtered to the



constitution of several counties (na sa atin na din

yan, matagal na). But particularly, the Phil.

Constitution declared not just the part of the Bill of

rights but as a state policy under article 2 of the

1987 Constitution, the right to a healthful ecology

as iron clad and no less valuable than those

enumerated in the Bill of Rights. Although in the

Constitution there is no mechanism for its

enforcement this void was already filled up by the

SC by the promulgation of the Rules of Procedure

for environmental cases. It provides avenues of

redress for the degradation or protection of the

environment it can be sued either administratively

or judicially. EJ is not new or foreign to the Phil.

Phil is said to have one of the worlds most

develop approaches. E protection and

preservation is enshrined as a fundamental state

policy sec. 16 Art. 2 of the Constitution, the state

shall protect and advance the right of the people

to a balanced and healthful ecology in accord with

the rhythm and harmony of nature. The

Constitution likewise provide that the generally

accepted principles of international law as part of

the law of the land therefore international

environmental laws are deemed incorporated or

transposed into our national law.

The international environmental law is law

adopted by sovereign states to define the

standards in the international level.

Several sources of international environmental

law:

1. Multilateral Environmental Agreements

2. Generally Accepted Principles on

Environmental protection

What are the Multilateral Environmental

Agreements and their protocols that we adopted?

1. United Nations Convention on the Law of

the Seas (UNCLOS) – certified by the Phil. on

May 8, 1984. This convention or treaty obliges

parties to take measures to prevent pollution on

the marine environment from any source including

land based sources

2. The 1985 Vienna Convention on the

protection of the ozone layer – this international

instrument obliges parties to phase out

substances that deplete the ozone layer such as

CFCs and HCFCs which are used in the air

conditioning systems of older cars, offices and

houses.

3. 1989 Basilea Convention on

transboundary movement of hazardous wastes

and their disposal – this convention declares

illegal the transboundary shipment and disposal of

hazardous waste such as cell phone batteries and

old computer units except for recycling.

4. 1992 Convention on Biological Diversity –

framework convention under which parties may

enter into agreements and memorandum of

understanding for the conservation of certain

species like the marine turtles and sharks.

5. 1998 Rotterdam Convention on prior

informed consent procedures for certain

hazardous chemicals. This convention requires

storage for specific harmful chemical such as

asbestos to provide ___ insulation for the

protection of health_____affecting such

chemicals.

6. 2001 Stockholm convention on persistent

organic pollutants. This convention defines parties

to immediately bans production and use of certain

pesticides. Phase out such pesticides, this

adversely affect human health around the world.

EJ goes beyond traditional environmental

protection objectives, consider the equitable

distribution of pollution and more broadly often

disproportionate burden born and carried by poor

and minority groups with respect to environmental

mog (?). This convention also provided principles

that are relevant to environmental cases like the

ones we already discussed, the precautionary

principle, the polluter based principle, principle of

intergeneration equity and environmental justice.



this seek ensure that authorities fairly allocate and

regulate scarce resources to insure benefits of

environmental resource, the costs associated with

protecting from any degradation are equitably

shared by all members of society.

Precautionary principle as we discussed

earlier scientific uncertainty should not be used as

a reason not to take action with respect to a

particular environmental concern. Those engaged

in potentially damaging activity have the burden of

establishing the absence of environmental harm.

The Pollutant Based Principle states that

national public authority should refrain from

subsidizing the political control costs of private

enterprises. Instead, these private enterprises

should bear the cost of controlling the pollution

that they caused. If your company is producing

products that pollute the environment then the

cost of clean-up, remediation or even the

prevention of pollution should be carried by you

which should not passed on to the government or

the State. This principle has been applied by US,

Japan and India. Required in cases requiring toxic

clean-up.

In the Erin Brockovich case, the chemicals binaon

sa lupa, humalo sa ground water, humalo sa

tubig, affected the residents of the nearby

community. The consequence of that is cancer.

Maraming namatay sa area. That is why they filed

a case. The company becomes responsible in

dumping the toxic waste in that area that

contaminated the ground water.

Bear in mind the representatives of multilateral

environmental agreements and the three general

principles of environmental protection. The

questions that may be asked are the following:

1. What is the status of Philippine jurisdiction

with respect to cases that may require the

aggravation of international agreements on

environment?

2. Can they be applied by the Philippine

Courts?

3. Can non state litigants invoke the

provisions before Philippine courts?

All these questions have been answered in the

affirmative.

What are the reasons why they can be applied

in environmental protection in the Philippines:

1. Rules of Procedure on environmental

cases in Philippine courts and jurisdiction over the

cases involving enforcement or violation of the

international environmental laws committed within

the territorial boundaries of the state. The courts

can interpret and apply the provisions of such

laws. Rule 1 itself states that the enumeration of

environmental laws in section 2 is not exclusive.

Philippine courts can extrapolate from the list

considered other sources of environmental law.

2. International agreements become part of

the law of the land through adjudication, local

legislation or constitutional fiat with the national

environmental agreements and other international

environmental agreements become part of our

national law. And thus they have the force and

effect of laws in the Philippines. Not only have the

ultra multilateral environmental agreements be

clarified in the Philippines but may also be

transformed into local legislation by RA6969

(Toxic Substances and Hazardous Nuclear Waste

Control Act of 1990), RA 9147 (Wildlife Resources

Conservation and Protection Act), RA8749

(Philippine Clean Air Act of 1999). So Philippine

courts can interpret and apply international

environmental law in environmental cases. They

may even refer to the provisions of international

environmental law to shed life on or supply gaps if

any on the provisions of national environmental

laws.



Potential Bar questions:

1. Can International Agreements be

enforced by the Philippine Courts with respect to

environmental cases?

2. In case of conflict between our laws and

international environmental laws, which shall

prevail?

The answer is provided in the case of

Pharmaceutical and Health Association of the

Philippines vs Health Secretary (GR No. 173034,

October 9, 2007). This is based on international

law principle of pacta sunt servanda - the party to

a treaty or convention must perform its obligations

in good faith. Thus it may not invoke the

provisions of its internal law as justification for its

failure to perform a duty. So the duty of the

Philippine Courts is to give force and effect to the

prohibitions, regulations and obligations found in

multilateral environmental agreements whether or

not they have been transposed into local laws.

The Supreme Court has also adopted and applied

the precautionary principle, inter-generational and

intra-generational equity principle.

On the other hand, Congress has also

adopted the pollutant based principle

RA9275 (Philippine Clean Water Act of

2004) prohibits certain acts such as discharging,

depositing or causing to be deposited material of

any kind directly or indirectly into the water bodies

or along the margins of any surface water, where,

the same shall be liable to be washed into such

surface water, either by tide action or by storm,

floods or otherwise, which could cause water

pollution or impede natural flow in the water body.

At the same time the violators are penalized if

they may fail to undertake clean-up operations

willfully or through gross negligence they shall be

punished by imprisonment and a fine of 50,000-

500,000 per day in violation.

Metropolitan Manila Development

Authority et al. vs Concerned Residence of Manila

Bay. In this case, certain government agencies

primarily responsible for the clean-up of the

Manila Bay. No private enterprise was impleaded

as a polluter. None was charged for the cost of

the clean-up. However, it must be borne in mind

that the court held the government agencies liable

under a continuing mandamus

(Mandamus- command by the court for a certain

government agency or person to perform an act

[clean-up]; Continuing – the writ of mandamus no

duration) to undertake clean-up activities to

implement the decision.

Resident Marine Mammals of Tañon

Strait Protected Seascape vs Reyes. The

question here is: “May environmental law be

invoked by a non-state party such as ordinary

man of the street or even by public interest group

on behalf of whale, or a dolphin in Tañon Strait?

May a non-state party may sue to enforce

provisions of local legislations incorporating the

provisions of multilateral environmental

agreements. However, may the same party

directly invoke the provisions of multilateral

environmental agreements which have not been

transposed to local legislation?”

Some significant decisions in

environmental law where environmental justice is

somehow attained. Supreme Court decided

landmark cases involving the environment. These

cases put the country on the world map with

respect to innovative judicial thinking on

environmental protection. They also demonstrate

that Philippine Courts are more often than not is

forced to rule in favor to protect the environment.

1. Oposa vs Factora- Intergenerational

Responsibility or Equity

2. MMDA vs Concerned Citizens of Manila

Bay- clean-up of Manila Bay. The first ever order

of continuing mandamus in the country. Agencies

to perform respective tasks or clean-up and it

continues indefinitely. Require a formation of an



advisory committee to ensure compliance with the

order. These highlights the interest safeguarding

the environment.

3. Resident Marine Mammals of Tañon

Strait (GR No.180771) – The petitioners claim that

the marine mammals possess legal standing to

sue. They have sustained direct injuries by reason

of ____ exploration and resulting pollution of their

habitat. They claim that the effect of the

underwater noise to the marine mammals is fatal.

They also maintain that the service contract

violates the Constitution. On the other hand, the

respondents claim that marine mammals are

neither natural nor juridical persons cannot be

parties to a civil action. Contrary to the petitioner’s

allegations that service contract is allowed under

the Constitution.

4. Mosketo vs Pilipino Banana Growers and

Exporters Association (GR No. 189185) - the

aerial spray of pesticides on the banana

plantations in Davao City. An ordinance was

passed by the City of Davao banning aerial

spraying as an agricultural practice in the City.

This prompted the respondents to file a petition

assailing the Constitutionality of the Ordinance.

The right to a healthful and balance ecology.

RTC- Constitutional, CA- Unconstitutional, SC-

pending.

Arguments:

a. Ordinance is a valid exercise of Police Power

b. There is proof that the people are adversely

affected by the substances sprayed aerially

c. The banana growers’ interest are protected

because there are other means of spraying

d. There is no violation of the Equal Protection

Clause because there is a rational basis for

classification

e. The property rights of the Banana Growers

should not be placed above the rights of persons’

life, balance and healthful ecology.

On the other hand, respondents argue that

a. the Ordinance constitutes an unreasonable

exercise of Police Power

b. The ordinance imposes a ban instead of merely

regulation of aerial spray

c. There is no scientific basis for the ban of the

aerial spray that produces adverse effect on the

people and the environment.

Supposing there is no scientific basis that the

aerial spray would affect the environment, will you

sustain the validity of the ordinance? Yes. Apply

the precautionary principle.

natural resources and environmental law lecture (2014)

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