G.R. Nos.

171947-48             December 18, 2008 3.) MWSS (Metropolitan Waterworks and

Sewerage System) - directed to install,
METROPOLITAN MANILA DEVELOPMENT operate and maintain adequate [sewerage]
AUTHORITY vs. treatment facilities in strategic places under
CONCERNED RESIDENTS OF MANILA BAY its jurisdiction and increase their capacities.

Violation of the following: 4.) LWUA (Local Water Utilities

Administration) under PD 198 has the power
of supervision and control over local water
(1) Respondents’ constitutional right to life,
districts - see to it that the water districts
health, and a balanced ecology;
under its wings, provide, construct and
operate sewage facilities for the proper
(2) The Environment Code (PD 1152); disposal of waste.

(3) The Pollution Control Law (PD 984); 5.) PPA (Philippine Ports Authority) under
Sec. 2 of EO 513 - to prevent and also to
(4) The Water Code (PD 1067); treat the discharge not only of ship-
generated wastes but also of other solid and
(5) The Sanitation Code (PD 856); liquid wastes from docking vessels that
contribute to the pollution of the bay.

(6) The Illegal Disposal of Wastes Decree (PD

825); 6.) MMDA (Metro Manila Development
Authority) pursuant to Sec. 3(d), RA 7924 is
authorized to perform metro-wide services
(7) The Marine Pollution Law (PD 979); relating to "flood control and sewerage
management” - to establish, operate and
(8) Executive Order No. 192; maintain an adequate and appropriate
sanitary landfill and/or adequate solid waste
(9) The Toxic and Hazardous Wastes Law and liquid disposal as well as other
(Republic Act No. 6969); alternative garbage disposal system such as
re-use or recycling of wastes.
(10) Civil Code provisions on nuisance and
human relations; 7.) DA (Department of Agriculture) pursuant
to the Administrative Code of 1987 (EO
292) is designated as the agency tasked to
(11) The Trust Doctrine and the Principle of
promulgate and enforce all laws and
Guardianship; and
issuances respecting the conservation and
proper utilization of agricultural and fishery
(12) International Law resources. [Through the Bureau of Fisheries
and Aquatic Resources] - to revitalize the
Agencies involved in the Manila Bay Clean-up: marine life in Manila Bay and restock its
waters with indigenous fish and other aquatic
1.) DENR (Department of Environment and animals.
Natural Resources) under Executive
Order No. (EO) 192, is the primary 8.) DBM (Department of Budget and
agency responsible for the conservation, management) - to provide and set aside an
management, development, and proper adequate budget solely for the purpose of
use of the country’s environment and cleaning up and rehabilitation of Manila Bay.
natural resources [the lead agency in
cleaning up Manila Bay] - to install, 9.) DPWH (Department of Public Works and
operate and maintain waste facilities to Highways) as the engineering and
rid the bay of toxic and hazardous construction arm of the national government,
substances. is tasked to remove and demolish structures
and other nuisances that obstruct the free
2.) DILG (Department of the Interior and flow of waters to the bay. These nuisances
Local Government), in exercising the discharge solid and liquid wastes which
President’s power of general supervision and eventually end up in Manila Bay. As the
its duty to promulgate guidelines in construction and engineering arm of the
establishing waste management programs government, DPWH is ordered to actively
under Sec. 43 of the Philippine Environment participate in removing debris, such as
Code (PD 1152) – to direct all LGUs in Metro carcass of sunken vessels, and other non-
Manila, Rizal, Laguna, Cavite, Bulacan, biodegradable garbage in the bay.
Pampanga, and Bataan to inspect all
factories, commercial establishments, and 10.) DOH (Department of Health) under
private homes along the banks of the major Article 76 of PD 1067 (the Water Code), is
river systems in their respective areas of tasked to promulgate rules and regulations
jurisdiction for the establishment of waste disposal areas
1 | ENVIRONMENTAL LAW LECTURES – SABA Notes
 that affect the source of a water supply or a 4. Article 12, Section 2 - All lands of the public
reservoir for domestic or municipal use - to domain, waters, minerals, coal, petroleum, and
closely supervise and monitor the operations other mineral oils, all forces of potential energy,
of septic and sludge companies and require fisheries, forests or timber, wildlife, flora and
them to have proper facilities for the fauna, and other natural resources are owned
treatment and disposal of fecal sludge and by the State. With the exception of agricultural
sewage coming from septic tanks. lands, all other natural resources shall not be
alienated. The exploration, development, and
10.) DECS, now The Department of utilization of natural resources shall be under
Education (DepEd), under the Philippine the full control and supervision of the State. The
Environment Code (PD 1152), is mandated to State may directly undertake such activities, or
integrate subjects on environmental it may enter into co-production, joint venture,
education in its school curricula at all levels - or production-sharing agreements with Filipino
to inculcate in the minds and hearts of the citizens, or corporations or associations at least
people through education the importance of sixty per centum of whose capital is owned by
preserving and protecting the environment. such citizens. Such agreements may be for a
period not exceeding twenty-five years,
renewable for not more than twenty-five years,
11.) PCG (Philippine Coast Guard) in
and under such terms and conditions as may be
accordance with Sec. 5(p) of PD 601, or the
provided by law. In cases of water rights for
Revised Coast Guard Law of 1974, and Sec. 6
irrigation, water supply fisheries, or industrial
of PD 979, or the Marine Pollution Decree of
uses other than the development of water
1976, shall have the primary responsibility of
power, beneficial use may be the measure and
enforcing laws, rules, and regulations
limit of the grant.
governing marine pollution within the
territorial waters of the Philippines. And
The State shall protect the nation’s marine wealth in
Pursuant to RA 6975, the PNP Maritime
its archipelagic waters, territorial sea, and exclusive
Group was tasked to "perform all police
economic zone, and reserve its use and enjoyment
functions over the Philippine territorial waters
exclusively to Filipino citizens.
and rivers." - to protect at all costs the
Manila Bay from all forms of illegal fishing.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers,
ENVIRONMENTAL LAW LECTURE lakes, bays, and lagoons.
January 18, 2021
The President may enter into agreements with
 Constitutional Provisions involving the foreign-owned corporations involving either technical
environment: or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum,
1. Article 1, National Territory - The national and other mineral oils according to the general terms
territory comprises the Philippine archipelago, and conditions provided by law, based on real
with all the islands and waters embraced contributions to the economic growth and general
therein, and all other territories over which the welfare of the country. In such agreements, the
Philippines has sovereignty or jurisdiction, State shall promote the development and use of local
consisting of its terrestrial, fluvial and aerial scientific and technical resources.
domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and The President shall notify the Congress of every
other submarine areas. The waters around, contract entered into in accordance with this
between, and connecting the islands of the provision, within thirty days from its execution.
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of
the Philippines. Environmental Justice - the fair treatment and
meaningful involvement of all people regardless of
race, color, national origin or income with respect to
2. Article 2, Section 15 - The State shall the development, implementation, and enforcement
protect and promote the right to health of the of environmental laws, regulations and policies. 
people and instill health consciousness among
them.  INTERNATIONAL AGREEMENTS AND
CONVENTIONS INVOLVING THE
ENVIRONMENT:
3. Article 2, Section 16 - The State shall
1. 1972 Stockholm Declaration - The foundation
protect and advance the right of the people to
of modern international environment law. This
a balanced and healthful ecology in accord
was the first widely accepted international effort to
with the rhythm and harmony of nature.
address environmental issues. The 1972 United
Nations Conference on Environment in Stockholm
was the first world conference to make the 
environment a major issue. The participants
2 | ENVIRONMENTAL LAW LECTURES – SABA Notes
adopted series of principles for sound management to the territorial sea extend not only in the surface
of environment including the Stockholm declaration but also the seabed and subsoil as well as vertically
and action plan for the human environment to air space. Even though it is also considered as
exclusive jurisdiction of coastal states, meron din
2. 1992 United Nations Conference on the naman rights of limited passage by other states
Environment and Development (UNCED) - led especially if innocent passage or in transit. Although,
to the RIO Declaration on environment and there is no right of innocent passage for aircraft
development, as well as the agenda 21. Agenda flying through air space above the coastal state's
21 is the generation's international blueprint territorial sea. The basis of 12 nautical miles is the
on environment. Agenda 21 was adopted by the distance of a cannon shot fired from the shore.
participating governments of the world in the
United Nations conference on environment and 4. Contiguous zone - States may also establish a
development. It was in June 1992 in Rio de Janeiro, contiguous zone from the outer edge of the territorial
Brazil. Essentially, Agenda 21 details an action plan seas to a maximum of 24 nautical miles from the
for sustainable development and establishes based line. The purpose of contiguous zone is to
targets for actions that combine economic bolster a state's law enforcement capacity. The state
development and environmental protection. has the right to prevent and punish infringement of
fiscal immigrations, sanitary, and customs laws
within its area. Unlike the territorial sea, the
We also have Philippine Agenda 21, the Philippines' contiguous zone only gives jurisdiction to a state on
commitment to the UNCED.  the ocean's surface and floors, it does not provide air
and space rights.

[Sustainable development is a combination of

economic development and environmental 5. Exclusive Economic Zone - an area beyond and
protection.] adjacent to the territorial sea: it can extend to a
maximum 200 nautical miles from the baselines.
Within the EEZ, a coastal State enjoys sovereign
rights over its natural resources. It can exercise its
3. United Nations Conference on the Law of
jurisdiction over certain activities for the purpose,
the Sea or UNCLOS - also called as the Law of
among others, of protecting the environment, but it
Sea Convention. It is the International Agreement
is also obliged to respect the rights of other States
that resulted from the Third United Nations
(UNCLOS). In this zone, the coastal state has the
Conference on the Law of the Sea which took place
exclusive right to exploit or conserve any resources
between 1973 and 1982. Essentially, this is a series
found within the water, on the sea floor or under the
of conferences. There were representations from
sea floor subsoil. These resources encompass both
over 160 countries. The UNCLOS defines the rights
the living resources, such as fish, and non living
and responsibilities of nations with respect to their
resources, such oil and natural gas. States also have
use of the words 'oceans' establishing guidelines for
the right to engage in offshore energy generation
businesses, the environment, and the management
from the waves, currents and wind within their
of marine natural resources. It also created the
exclusive economic zone. EEZ does not give the
exclusive economic zone, a 'sui generis' maritime
coastal state the right to prohibited or limit freedom
space.
of navigation or overflight, although subject to very
limited exceptions. 

DEFINITION OF TERMS: Philippine-China Sea Dispute Award

1. Based line - from which the territorial sea is In unanimous award dated July 12, 2016, on the
measured, it is the low water line along the coast. compulsory arbitration instituted by the Philippines,
It is important because it is from the based line against the People's Republic of China, the
where we reckon the measurement of the other permanent court of arbitration declared that certain
zones, including the territorial sea and the other sea areas like the Spratly islands, and Scarborough
zones. Take note of R.A 9522, March 10 2009, it is shoal are within the exclusive economic zone of the
an act to define the archipelagic based line of the Philippines because those areas are not overlapped
Philippines and for other purposes. R.A 9522 by any impossible entitlement of China. 
contains geographic coordinates, the location,
latitude, and longitude. China averred to have a map which contains a 9-
dash-line, and this 9-dash-line, as claimed by China,
to have historic rights  to the resources within the
2. Internal water - include waters on the side of the sea areas falling within the 9-dash-line. 
baseline of a nation's territorial waters that is
facing toward the land, except in archipelagic But, the tribunal found that China has violated the
states. Some of these are such as lakes, rivers, tide Philippine sovereign rights in EEZ by:
waters. There is no right of innocent passage (1) first interfering with Philippine Fishing and
through internal waters. Petroleum exploration, (2) constructing artificial
lands, and (3) failing to prevent Chinese fishermen
3. Territorial Sea - everything from the based to a from fishing in the zone, The tribunal also held that
limit not exceeding 12 nautical miles, it is considered fishermen from the Philippines had traditional fishing
to be the State's territorial sea. The rights pertaining
3 | ENVIRONMENTAL LAW LECTURES – SABA Notes
rights as Scarborough shoal and that China has prejudice the life, health or property of inhabitants in
interfered with this rights in restricting access.  two or more cities or provinces.

The issue here is who will implement the award? Paje v. Casiño discusses the scope of the writ and
What are the modes for its enforcement? Some the reliefs that may be granted under it:
experts would suggest to bring it up in the
conferences. This is what we cannot answer yet, it is The writ is categorized as a special civil action and
still a continuing problem. was, thus, conceptualized as an extraordinary
remedy, which aims to provide judicial relief from
In relation to the Scarborough shoal, let me point out threatened or actual violation/s of the constitutional
the case of Monica A. Abogado et al v. DENR, G.R right to a balanced and healthful ecology of a
No. 246209 | September 3, 2019. magnitude or degree of damage that transcends
political and territorial boundaries. It is intended "to
The SC issued a writ of kalikasan on Scarborough provide a stronger defense for environmental rights
shoal on May 3, 2019 to protect, preserve and through judicial efforts where institutional
rehabilitate, and to restore marine environment arrangements of enforcement, implementation and
in Scarborough shoal also known as the Panatag legislation have fallen short" and seeks "to address
Shoal including the Panganiban Reef (Mischief Reef), the potentially exponential nature of large-scale
and Ayungin Shoal. The court granted for the ecological threats."
issuance of a writ of kalikasan by petitioners Monica
A. Abogado et al, in order to prevent violations of Under Section 1 of Rule 7, the following requisites
Philippine Environmental Laws in the Philippine must be present to avail of this extraordinary
waters and the Philippines' exclusive economic zone. remedy: (1) there is an actual or threatened violation
The petitioners are members of the "KALAYAAN of the constitutional right to a balanced and healthful
PALAWAN FARMERS AND FISHERFOLK ecology; (2) the actual or threatened violation arises
ASSOCIATION" who are members of the fisherfolk from an unlawful act or omission of a public official or
community in the municipality of Kalayaan, Palawan.  employee, or private individual or entity; and (3) the
actual or threatened violation involves or will lead to
"Cases involving the public interest which seek to an environmental damage of such magnitude as to
protect the marginalized and oppressed deserve prejudice the life, health or property of inhabitants in
more attention from their lawyers as compared with two or more cities or provinces.
any other case. Those who have the least deserve to
have more in law" -Justice Leonen Expectedly, the Rules do not define the exact nature
or degree of environmental damage but only that it
Although the Court granted a writ of kalikasan, must be sufficiently grave, in terms of the territorial
subsequently, there were supposed to be several oral scope of such damage, so as to call for the grant of
arguments, but the counsel for the petitioners filed a this extraordinary remedy. The gravity of
motion to withdraw because on the grounds of environmental damage sufficient to grant the writ is,
procedural issues such as "na ang petitioners hindi thus, to be decided on a case-to-case basis.
sila nag issue ng affidavit". In this case, the Court
sternly warned the counsel for petitioners na kaya If the petitioner successfully proves the foregoing
nga may intro na they should be  more attentive, or requisites, the court shall render judgment granting
nakipag-coordinate sila sa petitioners nila since this the privilege of the writ of kalikasan. Otherwise, the
involves a public interest. For purposes of EnviLaw, petition shall be denied. If the petition is granted, the
ang concern natin is "Writ of Kalikasan" because we court may grant the reliefs provided for under
are already in EEZ, which mentions the Scarborough Section 15 of Rule 7, to wit:
Shoal. So, this case involves rehabilitation protection
and restoration of Scarborough shoal and the other Section 15. Judgment. — Within sixty (60) days from
shores and reef. When you read the case, focus on the time the petition is submitted for decision, the
the discussion on the writ of kalikasan. court shall render judgment granting or denying the
privilege of the writ of kalikasan.
Monica A. Abogado et al v. DENR
G.R No. 246209 | September 3, 2019 The reliefs that may be granted under the writ are
the following:
The nature of a writ of kalikasan is stated in Rule 7,
Section 1 of the Rules of Procedure for Environmental (a) Directing respondent to permanently cease and
Cases: desist from committing acts or neglecting the
performance of a duty in violation of environmental
SECTION 1. Nature of the writ. — The writ is a laws resulting in environmental destruction or
remedy available to a natural or juridical person, damage;
entity authorized by law, people's organization, non-
governmental organization, or any public interest (b) Directing the respondent public official,
group accredited by or registered with any government agency, private person or entity to
government agency, on behalf of persons whose protect, preserve, rehabilitate or restore the
constitutional right to a balanced and healthful environment;
ecology is violated, or threatened with violation by an
unlawful act or omission of a public official or (c) Directing the respondent public official,
employee, or private individual or entity, involving government agency, private person or entity to
environmental damage of such magnitude as to monitor strict compliance with the decision and
4 | ENVIRONMENTAL LAW LECTURES – SABA Notes
orders of the court;

(d) Directing the respondent public official,

government agency, or private person or entity to
make periodic reports on the execution of the final
judgment; and

(e) Such other reliefs which relate to the right of the

people to a balanced and healthful ecology or to the
protection, preservation, rehabilitation or restoration
of the environment, except the award of damages to
individual petitioners.
It must be noted, however, that the above
enumerated reliefs are non-exhaustive. The reliefs
that may be granted under the writ are broad,
comprehensive and non-exclusive.

Thus, a writ of kalikasan is an extraordinary remedy

that "covers environmental damages the magnitude
of which transcends both political and territorial
boundaries."72 The damage must be caused by an
unlawful act or omission of a public official, public
employee, or private individual or entity. It must
affect the inhabitants of at least two (2) cities or
provinces.

 INTERNATIONAL AGREEMENTS AND

CONVENTIONS INVOLVING THE
ENVIRONMENT
4. Vienna Convention for the Protection of
Ozone Layer - It was concluded in 1985. It is a
framework agreement in which states to agree to
adopt appropriate measures to prevent activities
that harm the ozone layer. 

5. Montreal Protocol - for the protection of ozone

layer

6. Copenhagen Accord - The world's develop

countries and biggest developing countries
agreed for the first time to put limits on their
green house emissions.

7. U.N Framework Convention on Climate

Change - This agreement binds the government
to take action to avoid dangerous climate change
but does not specify what actions.

8. Basel Convention - treaty designed to reduce

the movement of hazardous waste between
nations and to prevent transfer of hazardous
waste from developed to less developed
countries.

9. Paris Summit - The governments of more than

119 nations including the Philippines gathered in
Paris from November 20 - December 11, 2015 to
hammer out new global agreements aimed at
reducing global green house gas emissions and
thus avoiding the worst impacts of climate
change by limiting global warming to well below
2 degrees celsius. The agreement was ratified by
the Philippines in April 2016. 

5 | ENVIRONMENTAL LAW LECTURES – SABA Notes