Nakakastress Na NATRES
Nakakastress Na NATRES
Nakakastress Na NATRES
1
NATURAL RESOURCES AND ENVIRONMENTAL LAW
Bureau of Agriculture and Fisheries Standards Bureau of Soils and Water Management
Major duties include formulating and enforcing The mandate of BSWM is to formulate measures
standards of quality in the processing, and guidelines for the effective utilization of soil
preservation, packaging, labeling, importation, and water resources to attain food security and
exportation, distribution and advertising of fresh, safety, enviroment stability through soil and water
primary and secondary-processed agricultural and resources –based adaptation and mitigation
fisheries products. measures that address multi-environmental
concerns on land degradation, climate change,
Bureau of Animal Industry and agricultural biodiversity conservation.
a. Formulate programs for the prevention, (Refer to handout for attached agencies)
control and eradication of animal diseases
and for the development and expansion of DOE
the livestock and poultry industries to meet
the growing requirement of the growing CHAVEZ vs PEA
populace;
b. Recommend specific policies and Under the Public Land Act (CA 141, as amended),
procedures governing the flow of livestock reclaimed lands are classified as alienable and
product through the various stages of disposable lands of the public domain Section 3 of
marketing as well as the proper the Constitution: Alienable lands of the public
preservation and inspection of such domain shall be limited to agricultural lands.
products; Private corporations or associations may not hold
c. Coordinate and monitor the activities and such alienable lands of the public domain except
projects relating to livestock and allied by lease The 157.84 hectares of reclaimed lands
industries comprising the Freedom Islands, now covered by
d. Prescribe standards for quality in the certificates of title in the name of PEA, are
manufacture, importation, labeling, alienable lands of the public domain. PEA may
advertising, distribution and sale of lease these lands to private corporations but may
livestock, poultry and allied industries and; not sell or transfer ownership of these lands to
e. Recommend plans and programs, policies private corporations. PEA may only sell these
and regulations to the Secretary of lands to Philippine citizens, subject to the
Agriculture and provide technical ownership limitations in the 1987 Constitution and
assistance in the implementation of the existing laws. Clearly, the Amended JVA violates
same. glaringly Sections 2 and 3, Article XII of the 1987
Constitution. Under Article 1409 of the Civil Code,
contracts whose “object or purpose is contrary to
Bureau of Fisheries and Aquatic Resources law,” or whose “object is outside the commerce of
men,” are “inexistent and void from the beginning.”
Responsible for the development, improvement, The Court must perform its duty to defend and
management and conservation of the country's uphold the Constitution, and therefore declares the
fisheries and aquatic resources. Amended JVA null and void ab initio.
3
NATURAL RESOURCES AND ENVIRONMENTAL LAW
Differentiate ancestral land v. ancestral domain What are the three (3) types of Forest?
1. Public Forest – a mass of land of public domain
Ancestral land refers to the land occupied by the which has not been a subject of the present system
individual families and clans who are member of of classification.
indigenous cultural community since time 2. Permanent Forest/ Forest Reserves – lands of
immemorial. Ancestral domain, on the other hand, public domain which have been subject of the
is defined as areas generally belonging to present system of classification and determined to
industrial communities. be needed for forest purposes
3. Forest Reservation – Forest lands which have
I. Lands of Public Domain been reserved by the President of the Philippines
1. Alienable for any specific purpose.
a. Agricultural Land
2. Non-Alienable Differentiate Watershed, watershed
a. Forest or Timber Land reservation and critical watershed
b. Mineral Lands Watershed is a land area drained by a stream or
c. National Park fixed body of water and its tributaries having a
common outlet for surface run-off.
According to Public Land Act
a. Alienable or disposable
4
NATURAL RESOURCES AND ENVIRONMENTAL LAW
Watershed Reservation is a forest land reservation se, but imposes only a penalty equivalent
established to protect or improve the conditions of to that of qualified theft.
the water yield thereof or reduce sedimentation. The elements of the crime of qualified theft
Critical Watershed is a drainage area of a river of logs are: (1) that the accused cut,
supporting existing and proposed hydro-electric gathered, collected or removed timber or
power and irrigation works needing immediate other forest products; (2) that the timber or
rehabilitation as it is being subjected to a fast other forest products belong to the
denudation causing accelerated erosion and government or to any other private
destructive floods. individual; and (3) that the cutting,
gathering, collecting or removing was
Notes: without authority granted by the state.
Legality of closure of logging road is a justiciable Illegal Forest Products – Any forest
question products that are removed, cut, collected,
Regalian Doctrine provides that all lands of processed and/or transported: (a) without
public domain, including Forest lands, belong to the requisite, authorization or permit; or (b)
the state and are not alienable and disposable. with incomplete supporting documents; (c)
Hence, any title issued on such nondisposable with genuine authorizations or permits
lands, even if it is in the hands of a purchaser in and/or supporting documentation that have
good faith and for value shall be CANCELLED. an expired validity, have been cancelled or
that contain forged entries; or (d) with
Preservation and protection of forest spurious (fake) authorizations, permits
Ramos v. Director of Lands: “The prodigality of and/or supporting documents.
the spendthrift who squanders his substance for This offense is considered as Mala
the pleasure of the fleeting moment must be Prohibita. Characteristics of Mala Prohibita
restrained for the less spectacular but surer are: (1) it is prohibited by a special law; (2)
policy.” Commission of the prohibited act is a crime
A license is not a contract, property or right itself; (3) Good faith is not a defense; and
protected by due process clause of the (4) intent is immaterial.
constitution. It does not create an irrevocable right. Any timber/forest product, as well as the
It can be withdrawn or cancelled in the exercise of machineries, equipment and tools illegally
the police power of the state whenever dictated by used in the area where the timber or forest
public interest or public welfare. products are found, shall be confiscated in
No forest land 50% in slope or over may be favor of the government.
utilized for pasture purposes. Reward to informant shall be 20% of the
Wildlife may be destroyed, killed, consumed, proceeds of confiscated forest products
eaten or otherwise disposed of, without necessity Mustang Lumber, Inc. v. CA: Lumber is a
of permit, for the protection of life, health, safety processed log or timber. The legislative
and property, and the convenience of the people. intent is to include mere possession of
lumber without legal documents
Criminal offenses and penalties punishable under Section68 of Revised
I. Section 68 of PD 705 Forestry Code.
1. Cutting, gathering, collecting and removing A forest officer or employee may arrest
timber or other forest products from any forest without warrant any person who has
land, or timber from alienable or disposable public committed, or is committing in his presence
and, or from private land without any authority; and any of the offense defined in the code.
2. Mere possession of timber or other forest If an officer arrests an alleged perpetrator
products without the legal documents required without a warrant, and without violating any
under existing forest laws and regulations. offense in the code in his presence, the
In the second offense, it is immaterial officer shall be investigated
whether the method of gathering the timber administratively.
is legal or not. Mere possession of the Forest products and other items seized and
forest product without the proper document confiscated upon authority of the DENR
is a prima facie evidence of the crime. Secretary is lawfully taken by virtue of legal
Violation of Section 68 is an offense process and is deemed to be in custodia
equivalent to Qualified Theft (Articles 309 legis, therefore, beyond reach of replevin.
and 310 of RPC). It is not qualified theft per Appeal: Forest Management Bureau
DENR Secretary President; Courts
5
NATURAL RESOURCES AND ENVIRONMENTAL LAW
cannot review the decisions of the DENR under the full control and supervision of the
Secretary except through special civil State)
action for certiorari or prohibition.
A suit against public officers acting within I. The state may directly undertake such activities
the scope of their authority is a suit against II. The state may enter into co-production, joint
the state and cannot prosper without its venture and production sharing arrangement with
consent. a. Filipino citizen
II. Pasturing livestock b. Corporation or association at least 60%
III. Illegal occupation of national parks system of whose capital is owned by such citizen.
and recreation areas and vandalism therein It should not exceed 25 years,
IV. Survey by unauthorized persons V. renewable for not more than 25
Misclassification and survey by government years
official or employee III. Congress may, by law, authorize small-scale
utilization of natural resources by Filipino citizen;
IPRA (Refer to handout) (Congress may also authorize cooperative fish
farming, with priority to subsistence fishermen and
BBL (Refer to handout) fish- workers in rivers, lakes, bays, and lagoons.)
IV. The President may enter into agreements with
Mining Act foreign owned corporations involving either
technical or financial assistance for large-scale
Constitutional Basis: Section 2, Article XII of 1987 EDU of minerals, petroleum, and other mineral oils
Constitution It should be based on real
All lands of the public domain, xxx and contributions to the
other natural resources are owned by the economic growth and
State. With the exception of agricultural general welfare of the
lands, all other natural resources shall not country
be alienated. In such agreements, the
The exploration, development, and State shall promote the
utilization of natural resources shall be development and use of
under the full control and supervision of the local scientific and technical
State. resources.
The State may directly undertake such The President shall notify
activities, or it may enter into co-production, the Congress of every
joint venture, or production sharing contract entered under this
agreements with Filipino citizens, or provision, within 30 days
corporations or associations at least sixty from its execution.
per centum of whose capital is owned by Management and service
such citizens. Such agreements may be for contracts are not allowed
a period not exceeding twenty-five years, under this rule
renewable for not more than twenty-five Large-scale EDU pertains
years, and under such terms and to area covered and not the
conditions as may be provided by law. amount of investment.
The President may enter into agreements
with foreign owned corporations involving Section 4: Ownership of Mineral Resources.
either technical or financial assistance for Mineral resources are owned by the State, and
large-scale exploration, development, and the exploration, development, utilization and
utilization of minerals, petroleum, and other processing thereof shall be under its full
mineral oils according to the general terms control and supervision. The State may directly
and conditions provided by law, based on undertake such activities or it may enter
real contributions to the economic growth mineral agreements with contractors.
and general welfare of the country. In such Thus, if a person is the owner of an
agreements, the State shall promote the agricultural land in which minerals are
development and use of local scientific and discovered, his ownership of such land
technical resources. does not give him the right to extract or
utilize the said minerals without the
Four (4) modes of Exploration, Development permission from the State, because the
and Utilization of Natural Resources (Shall be right to possess or own the surface ground
6
NATURAL RESOURCES AND ENVIRONMENTAL LAW
What is People’s Small-Scale Mining Act? Small-scale miners have easement rights to
People’s Small-Scale Mining Act of 1991 mining and logging roads, private roads, port and
enshrines the rights of small scale miners, communication facilities, processing plant which
and authorized Mining Regulatory Board are necessary for the effective implementation of
directly under DENR Secretary’s control the People's Small-scale Mining Program, subject
and supervision to declare and set aside to payment of reasonable fees to the operator,
people's small-scale mining areas in sites claim owner, landowner or lessor of the property.
onshore suitable for small-scale mining,
immediately giving priority to areas already In no case shall a small-scale mining contract be
occupied and actively mined by small scale subcontracted, assigned or otherwise transferred.
miners before August 1, 1987;
Exceptions A contract shall have a term of two (2) years,
a. such areas are not considered as active renewable subject to verification by the Board for
mining areas; like periods as long as the contractor complies with
b. the minerals found therein are the provisions of the act.
technically and commercially suitable for
small- scale mining activities: The small-scale mining contractor shall be the
c. the areas are not covered by existing owner of all mill tailings produced from the contract
forest rights or reservations and have not been area. He may sell the tailings or have them
declared as tourist or marine reserves, processed in any custom mill in the area
parks and wildlife reservations, unless their All golds shall be sold to the Central Bank, or its
status as such is withdrawn by competent duly authorized representatives, which shall buy it
authority, at prices competitive with those prevailing in the
Suitable areas for small- scale mining: world market regardless of volume or weight
a. Areas already occupied and actively
mined by small-scale miners before August Royalty of private land owner shall not exceed 1%
1, 1987 Public lands not subject to any of the gross value of minerals Definition of Terms:
existing right, Small-scale mining refers to mining activities which
b. Public lands not subject to any existing rely heavily on manual labor using simple
rights c. Public lands covered by existing mining implements and methods and do not use
rights which are not active mining areas, and explosives or heavy mining equipment. Small-
d. Private lands, except those with scale miner refers to Filipino citizens who,
substantial improvements or used as a yard, individually or in the company of other Filipino
stockyard, garden, plant nursery, plantation, citizens voluntarily form a cooperative duly
cemetery or burial site; or land situated within licensed by the Department of Environment and
one hundred meters (100 m.) from such Natural Resources to engage, under the terms and
cemetery or burial site, water reservoir or a conditions of a contract, in the extraction or
separate parcel of land with an area often removal of minerals or ore-bearing materials from
thousand square meters (10,000sq.m.) or the ground.
less.
e. Ancestral lands with prior consent of the NIPAS Act
cultural communities
f. Areas occupied by a community of National Integrated Protected Areas System
traditional small-scale miners, subject to approval (NIPAS) is a system of classification and
of the said community administration of designated protected areas xxx
to preserve genetic diversity.
No ancestral land may be declared as a people's
small-scale mining area without the prior consent Declaration of Policy
of the cultural communities concerned: Provided
that, if ancestral lands are declared as people's Section 2. Declaration of Policy – Cognizant of the
small-scale mining areas, the members of the profound impact of man’s activities on all
cultural communities therein shall be given priority components of the natural environment particularly
in the awarding of small-scale mining contracts; the effect of increasing population, resource
provided further that royalties shall be paid to them exploitation and industrial advancement and
by the parties to the mining contract. recognizing the critical importance of protecting
and maintaining the natural biological and physical
diversities of the environment notably on areas
8
NATURAL RESOURCES AND ENVIRONMENTAL LAW
with biologically unique features to sustain human 2. Dumping of any waste products detriment to the
life and development, as well as plant and animal protected area, or to the plants and animals or
life, it is hereby declared the policy of the State to inhabitants therein;
secure for the Filipino people of present and future 3. Use of any motorized equipment without a
generations the perpetual existence of all native permit from the Management Board;
plants and animals through the establishment of a 4. Mutilating, defacing or destroying objects of
comprehensive system of integrated protected natural beauty, or objects of interest to cultural
areas within the classification of national park as communities (of scenic value);
provided for in the Constitution. 5. Damaging and leaving roads and trails in a
damaged condition;
It is hereby recognized that these areas, although 6. Squatting, mineral locating, or otherwise
distinct in features, possess common ecological occupying any land;
values that may be incorporated into a holistic plan 7. Constructing or maintaining any kind of
representative of our natural heritage; that structure, fence or enclosures, conducting any
effective administration of this area is possible only business enterprise without a permit;
through cooperation among national government, 8. Leaving in exposed or unsanitary conditions
local government and concerned private refuse or debris, or depositing in ground or in
organizations; that the use and enjoyment of these bodies of water; and
protected areas must be consistent with the 9. Altering, removing destroying or defacing
principles of biological diversity and sustainable boundary marks or signs.
development.
Terminologies:
To this end, there is hereby established a National
Integrated Protected Areas System (NIPAS), "Protected Area" refers to identified portions of
which shall encompass outstandingly remarkable land and water set aside by reason of their unique
areas and biologically important public lands that physical and biological significance, managed to
are habitats of rare and endangered species of enhance biological diversity and protected against
plants and animals, biogeographic zones and destructive human exploitation;
related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as "Buffer zones" are identified areas outside the
"protected areas". boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8
What are the protected areas? that need special development control in order to
avoid or minimize harm to the protected area;
1. Strict natural reserve
2. Natural park "Indigenous cultural community" refers to a group
3. Natural monument of people sharing common bonds of language,
4. Wildlife Sanctuary customs, traditions and other distinctive cultural
5. Protected landscape and seascape traits, and who have, since time immemorial,
6. Resource reserve occupied, possessed and utilized a territory;
7. Natural biotic areas
8. Other categories established by law Possible Questions and Answers
9
NATURAL RESOURCES AND ENVIRONMENTAL LAW
On the other hand, dominium is the capacity to (1) The State may directly undertake such
own or acquire property. It covers such rights as activities;
title to land, exploitation and use of it, and (2) The State may enter into co-production, joint
disposition or sale of the same. Regalian Doctrine venture or production-sharing agreements with
is under the realm of dominium. Filipino citizens or qualified corporations;
(3) Congress may, by law, allow small-scale
Provisions which give preference to poor and utilization of natural resources by Filipino citizens;
marginalized Filipinos or
(4) For the large-scale exploration, development
SECTION 4. The State shall, by law, undertake an and utilization of minerals, petroleum and other
agrarian reform program founded on the right of mineral oils, the President may enter into
farmers and regular farmworkers, who are agreements with foreign-owned corporations
landless, to own directly or collectively the lands involving technical or financial assistance. [La
they till or, in the case of other farmworkers, to Bugal-B’Laan Tribal Assn. v. Ramos (Jan. 2004)]
receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the Ancestral Domain and Ancestral Lands
just distribution of all agricultural lands, subject to
such priorities and reasonable retention limits as Ancestral land refers to the land occupied by the
the Congress may prescribe, taking into account individual families and clans who are member of
ecological, developmental, or equity indigenous cultural community since time
considerations, and subject to the payment of just immemorial.
compensation. In determining retention limits, the
State shall respect the right of small landowners. Ancestral domain, on the other hand, is defined as
The State shall further provide incentives for areas generally belonging to industrial
voluntary land-sharing. communities.
SECTION 10. Urban or rural poor dwellers shall Punishable offense under Revised Forestry
not be evicted nor their dwellings demolished, Code
except in accordance with law and in a just and
humane manner. 1. Cutting, gathering, collecting and removing
timber or other forest products from any forest
No resettlement of urban or rural dwellers shall be land, or timber from alienable or disposable public
undertaken without adequate consultation with and, or from private land without any authority; and
them and the communities where they are to be 2. Mere possession of timber or other forest
relocated. products without the legal documents required
under existing forest laws and regulations.
Modes of Exploitations, Development and 3. Pasturing livestock
Utilization 4. Illegal occupation of national parks system and
recreation areas and vandalism therein
Article 12. Sec. 2. The President may enter into 5. Survey by unauthorized persons
agreements with foreign-owned corporations 6. Misclassification and survey by government
involving either technical or financial assistance for official or employee
large-scale exploration, development, and
utilization of minerals, petroleum, and other Protected areas under NIPAS
mineral oils according to the general terms and
conditions provided by law, based on real 1. Strict natural reserve
contributions to the economic growth and general 2. Natural park
welfare of the country. In such agreements, the 3. Natural monument
State shall promote the development and use of 4. Wildlife Sanctuary
local scientific and technical resources. 5. Protected landscape and seascape
6. Resource reserve
The State, being the owner of the natural 7. Natural biotic areas
resources, is accorded the primary power and 8. Other categories established by law
responsibility in the exploration, development and
utilization thereof. As such it may undertake these 3 animal species that need protection
activities through four modes:
10
NATURAL RESOURCES AND ENVIRONMENTAL LAW
(h) "Endangered species" refers to species or Climate change occurs when changes in Earth's
subspecies that is not critically endangered but climate system result in new weather patterns that
whose survival in the wild is unlikely if the causal remain in place for an extended period of time.
factors continue operating;
The evidence for rapid climate change is
(i) "Endemic species" Means species or compelling:
subspecies which is naturally occurring and found 1. Global temperature rise
only within specific areas in the country; 2. Warming oceans
3. Shrinking ice sheets
(j) "Exotic species" means species or subspecies 4. Sea level rise
which do not naturally occur in the country (RA 5. Declining arctic ice
9147) 6. Extreme events
7. Ocean acidification
Beneficial use of water
Inter-generational responsibility
Beneficial use means the use of the environment
or any element or segment thereof conducive to SUSTAINABLE DEVELOPMENT
public or private welfare, safety and health; and
shall include, but not be limited to, the use of water It is development that meets the needs of the
for domestic, municipal, irrigation, power present without compromising the ability of future
generation, fisheries, livestock raising, industrial, generations to meet their own needs (Case
recreational and other purposes. Concerning the Gabcikovo-Nagymaros Project
(1997)).
Use of water for domestic purposes means
No state has the right to use or permit the use of
the utilization of water for drinking,
its territory in such a manner as to cause injury by
washing, bathing, cooking or other
fumes in or to the territory of another or the
household needs, home gardens and
properties or persons therein, when the case is of
watering of lawns or domestic animals;
serious consequence and the injury is established
Use of water for municipal purposes means
by clear and convincing evidence (US v. Canada
the utilization of water for supplying water
(Trail Smelter Case) (1938)).
requirements of the community;
Use of water for irrigation means the
Any Filipino citizen in representation of others,
utilization of water for producing
including minors or generations yet unborn, may
agricultural crops;
file an action to enforce rights or obligations under
Use of water for power generation – means
environmental laws [Resident Marine Mammals of
the utilization of water for producing
the Protected Seascape Tanon Strait v. Reyes,
electrical or mechanical power;
G.R. No. 180771 (2015)]
Use of water for fisheries means the
utilization of water for the propagation of
Environmental Compliance Certificate (ECC)
cultured fish as a commercial enterprise;
Use of water for livestock raising means the
This certificate indicates that the proposed project
utilization of water for large herds or flocks
or undertaking will not cause a significant negative
of animals raised as a commercial
impact on the Philippine environment. Any project
enterprise;
in the Philippines that poses a potential
Use of water for industrial purposes means
environmental risk or impact (such as mining,
the utilization of water in factories,
agriculture projects, and construction) is required
industrial plants and mines, including the
to secure an Environmental Compliance
use of water as an ingredient of a finished
Certificate (ECC) from the Department of the
product; and
Environment and Natural Resources –
Use of water for recreational purposes
Environmental Management Board (DENR-EMB).
means the utilization of water for swimming
pools, bath houses, boating, water skiing, An ECC is issued by DENR-EMB after a positive
golf courses and other similar facilities in review of the project’s application. This certificate
resorts and other places of recreation. indicates that the proposed project or undertaking
will not cause a significantly negative impact on the
Climate change Philippine environment. The ECC contains specific
11
NATURAL RESOURCES AND ENVIRONMENTAL LAW
12