Environmental Laws Finals Reviewer PDF

ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R....

ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A INDIGENOUS PEOPLE’S RIGHTS ACT (R.A. No. 8371) historically differentiated from the majority of Filipinos due to social, political or cultural reasons, under claims of ownership since time immemorial. Equal Protection and Non-discrimination of ICCs/IPs (Section 21) It also include those who are regarded as indigenous on The State shall, with due recognition of their distinct account of their descent who inhabited the country: characteristics and identity, accord to the members of the a. at the time of conquest or colonization; ICCs/IPs the rights, protections, and privileges enjoyed by the b. at the time of inroads of non-indigenous religions and rest of the citizenry. cultures; or It shall extend to them the same employment rights, c. at the time of establishment of present state boundaries, opportunities, basic services, educational and other rights and who may have been displaced from their traditional privileges available to every member of the society. domains or may have resettled outside their ancestral domains, but retained some or all of their social, Unauthorized and Unlawful Intrusion (Section 10) economic, cultural, and political institutions. Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights ANCESTRAL DOMAIN ANCESTRAL LANDS herein before enumerated, shall be punishable under this law. The government shall also take measures to prevent GR: It refers to all lands GR: It refers to land occupied, non-ICCs/IPs from taking advantage of the ICCs/IPs customs generally belonging to ICCs/IPs possessed and utilized by or lack of understanding of laws to secure ownership, compromising lands, inland individuals, families and clans waters, coastal areas, and natural who are members of the possession of land belonging to said ICCs/IPs. resources therein, held under a ICCs/IPs since time claim of ownership, occupied or immemorial, by themselves or Indigenous Cultural Communities/Indigenous Peoples or ICCs/IPs possessed by themselves or through their (Section 3h) through their ancestors, predecessors-in-interest, under It refers to a group of people or homogeneous societies communally or individually claims of individual or identified by self-ascription and ascription by others, who: since time immemorial, traditional group ownership, a. have continuously lived as an organized community on continuously to the present. continuously up to the present. communally bounded and defined territory; and XPN: unless interrupted by war, XPN: unless when interrupted b. who have occupied, possessed customs, tradition and force majeure or displacement by war, force majeure or other distinctive cultural traits, or who have become by force, deceit, stealth or displacement by force, deceit, or  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A because of government projects stealth, or because of possible cases with lands of quality and legal status at or any other voluntary dealings government projects and other least equal to that of the land previously occupied by by the government and private voluntary dealings by the them which is also suitable to provide for their present individuals, corporations, which government and private needs and future development. are necessary to ensure their individuals or corporations, economic, social, and cultural including, but not limited to, 4. Right in case of Displacement welfare residential lots, rice terraces or In case displacement occurs as a result of natural paddies, private forests, swidden farms and tree lots catastrophes, the State shall ensure to resettle them in suitable areas where they can have a temporary life support system. Provided that they have the right to Rights to Ancestral Domain (Section 7) return to their abandoned lands until it is safe to do so, but if not, they shall enjoy security of tenure over lands 1. Rights of Ownership to which they have been resettled with provided basic It is their right to claim ownership over lands services and livelihood. traditionally and actually occupied by them, including all the improvements made by them therein. 5. Right to Regulate Entry of Migrants It is their right to regulate the entry of migrant settlers 2. Right to Develop Lands and Natural Resources and organizations into their ancestral domains. It is their right to develop, control and use lands and territories occupied, owned or used in order to manage 6. Right to Safe and Clean Air and Water and conserve natural resources within the territories and It is their right to have access to integrated systems for uphold the responsibilities for future generations. the management of their inland waters and air space. 3. Right to Stay in the Territories 7. Right to Claim Parts of Reservations It is their right to stay and not be removed nor relocated It is their right to claim parts of the ancestral domains without their free and prior consent through any means which have been reserved for various purposes, except other than eminent domain. They shall be guaranteed those reserved and intended for common and public the right to return to their ancestral domains, but when welfare and service. such return is not possible, they shall be provided in all  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 8. Right to Resolve Conflict 2. Restore Denuded Areas It is their right to resolve land conflicts in accordance To actively initiate, undertake and participate in the with customary laws of the area where the land is reforestation of denuded areas and other development located. The complaints may be submitted to amicable program and projects subject to just and reasonable settlement and to the courts when in default or remuneration; and whenever necessary. 3. Observe Laws To observe and comply with the provisions of this Act Property Rights over Ancestral Lands (Section 8) and the rules and regulations for its effective implementation. 1. Right to Transfer Land/Property It is their right to transfer their land or property rights Native Title to/among members of the same ICCs/IPs, subject to It refers to pre-conquest rights to lands and domains which customary laws and traditions of the community have been held under a claim of private ownership by ICCs/IPs concerned. and have never been public lands since before the Spanish conquest. 2. Right to Redemption It is their right to redeem the land or property within a Certificate of Ancestral Domain Title (Agnes v. Republic) period not exceeding 15 years from the date of transfer, CADT refers to a title formally recognizing the rights of in cases where the transfer by virtue of agreement or possession and ownership of ICCs/IPs over their ancestral devise, to a non-member of the concerned ICCs/IPs, is domains identified and delineated in accordance with the law. tainted by vitiated consent or transferred for an unconscionable consideration or price. Unlawful Acts pertaining to Employment (Section 24) To discriminate against them with respect to the terms and Responsibilities of ICCs/IPs to their Ancestral Domains (Section 9) conditions of employment on account of their descent; and To deny them any right or benefit herein provided for or to 1. Maintain Ecological Balance discharge them for the purpose of preventing them from To preserve, restore, and maintain a balanced ecology enjoying any of the rights or benefits provided. in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves;  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Rights to Religious, Cultural Sites and Ceremonies 4. To enjoin any or all acts involving or arising from any pending (Section 33) case which, if not restrained with, may cause grave or They shall have the right to manifest, practice, and teach their irreparable damage to any of the parties. spiritual and religious traditions, customs and ceremonies. They shall have the right to use and control of ceremonial Bagnaen v. Caligtan (G.R. No. 189852, August 17, 2016) objects. The case was dismissed on the ground of non-compliance with They shall have the right to the repatriation of human remains. a condition sine qua non, and not on the issue of jurisdiction of The State shall also take effective measures to preserve, protect the NCIP, as it was required to comply with the mandatory and respect burial sites. settlement proceedings. To achieve this purpose, it shall be unlawful to: The dismissal was pursuant to Section 9 Rule IV of National 1. Explore, excavate or make diggings on archaeological CIP A.C. No. 1-03 which dictates that, no case shall be brought sites of the ICCs/IPs for the purpose of obtaining before the Regional Hearing Officer or the Commission, unless materials of cultural values without the free and prior the parties have exhausted all the remedies provided for under informed consent of the community concerned; and customary laws 2. Deface, remove or destroy artifacts which are of great importance to them for the preservation of their cultural Unduran v. Aberastori (G.R. No. 181284, April 18, 2017) heritage. Under Section 66 of the IPRA, NCIP’s jurisdiction is limited, but not concurrent with the regular courts, the Court will now Quasi-judicial Powers of the National Commission on Indigenous expound on the NCIP’s primary jurisdiction, regardless of People or NCIP (Section 69) whether the parties are non-ICCs/IPs or members of different 1. To promulgate rules and regulations governing the hearing and groups, over claims namely: disposition of cases filed before it, as well as those pertaining 1. Adverse claims and border disputes arising from the to its internal functions; delineation of ancestral domains/lands; 2. To administer oaths, summon the parties to a controversy, issue 2. Cancellation of fraudulently issued CADTs; and subpoenas requiring their attendance and testimony; 3. Disputes and violations of ICCs/IPs rights between 3. To hold any person in contempt, directly or indirectly, and members of the same group. impose appropriate penalties; and These cases demand the exercise of sound administrative discretion requiring special knowledge, experience, and  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A services of the NCIP to determine technical and intricate and 69 of IPRA, on the basis of sworn allegations in a petition members of fact. that the acts complained of involving or arising from any case, The IPRA states that the NCIP is the primary government if not restrained forthwith, may cause grave or irreparable agency responsible for the formulation and implementation of damage or injury to any of the parties, or seriously affects policies, plans and programs to promote and protect the rights social or economic activity. of ICCs/IPs and their rights in their ancestral domains, with This power may also be exercised by the Regional Hearing due regard to their belief, customs, traditions, and institutions. Officer in cases pending before them in order to preserve the In this case, the RTC, and not the NCIP, shall have the power to rights of the parties. hear, try and decide the case even if the issue involves a dispute GROUNDS: over land located within the ancestral domain of the Talaandig 1. There’s no free and prior informed consent from the Tribe because not all parties belong to the same ICC/IP group concerned ICC/IP as required under Section 59 of or a non-ICC/IP. IPRA; 2. The consent was irregularly or improperly obtained Jurisdiction of NCIP (Section 66) thereby rendering the FPIC void; The NCIP, through its regional offices, shall have jurisdiction 3. Prohibited or unlawful acts are threatened to be done or over all claims and disputes involving rights of ICCs/IPs: would be committed; and Provided, however, that no such dispute shall be brought to the 4. Grave or irreparable injury would result if not NCIP unless the parties have exhausted all remedies provided restrained as under Section 83 under their customary laws. For this purpose, a certification shall be issued by the Council Certification Precondition (Section 59) of Elders Leaders who participated in the attempt to settle the All departments and other governmental agencies shall be dispute that the same has not been resolved, which certification strictly enjoined from issuing, renewing, or granting any shall be a condition precedent to the filing of a petition with the concession, license, or lease, or entering into any NCIP. production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any Section 82 Rule XV of NCIP Administrative Circular No. 1-03 ancestral domain, and only be issued after a field-based (Injunction) investigation conducted by the Ancestral Domains Office of A writ of preliminary injunction or restraining order may be the area concerned. granted by the NCIP pursuant to the provisions of Sections 59  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A No certification shall be issued by the NCIP without the free TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR and prior and written consent of the ICCs/IPs concerned and WASTES CONTROL ACT (R.A. NO. 6969) while there is a pending application for a CADT. The ICCs/IPs shall have the right to stop or suspend any project that has not satisfied the requirement of this State Policy consultation process. To regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical City of Baguio v. Masweng (G.R. No 180206, February 4, 2009) substances and mixtures that present unreasonable risk and/or The NCIP may issue temporary restraining orders and writs of injury to health or the environment; injunction without any prohibition against the issuance of the To prohibit the entry, even in transit, of hazardous and nuclear writ when the main action is for injunction. wastes and their disposal into the Philippine territorial limits The power to issue TRO or WI allows parties to a dispute over for whatever purpose; and which the NCIP has jurisdiction to seek relief against any To provide advancement and facilitate research and studies on action which may cause them grave or irreparable damage or toxic chemicals. injury. Under the IPRA, no restraining order or preliminary injunction Hazardous substances may be issued by any inferior court against the NCIP in any It is the substances which has an effect of either: case, dispute or controversy arising from or necessary to the a. Short-term acute hazards, such as acute toxicity by interpretation of the IPRA and other laws relating to ICCs/IPs ingestion, inhalation or skin absorption, corrosivity or and ancestral domains. other skin or eye contact hazards or the risk of fire or explosion; or b. Long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases result from acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Hazardous wastes D. Cause, aid or facilitation, directly or indirectly, of the storage, It is the substances that are without any safe commercial, importation, or bringing into Philippine territory, including its industrial, agricultural or economic usage and are shipped, maritime economic zones, even in transit, either by means of transported or brought from the country of origin for dumping land, air or sea transportation or otherwise keeping in storage or disposal into or in transit through any part of the territory of any amount of hazardous and nuclear wastes in any part of the the Philippines. Philippines. It shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or Penalties (Section 14) equipment or other substances from manufacturing operations, and as consumer discards of manufactured products. 1. VIOLATION OF A, B, C The penalty of imprisonment of 6 months and 1 day to Nuclear Wastes 6 years and 1 day and a fine ranging from P600 to It is the hazardous wastes made radioactive by exposure to the P4,000 shall be imposed upon any person who shall radiation incidental to the production or utilization of nuclear violate Section 13 (a) to (c) of this Act and shall not be fuels but does not include nuclear fuel, or radioisotopes which covered by the Probation Law. If the offender is a have reached the final stage of fabrication so as to be usable for foreigner, he or she shall be deported and barred from any scientific, medical, agricultural, commercial, or industrial any subsequent entry into the Philippines after serving purpose. his or her sentence; In case any violation of this Act is committed by a Prohibited Acts (Section 13) partnership, corporation, association or any juridical A. Knowingly use a chemical substance or mixture which is person, the partner, president, director or manager who imported, manufactured, processed or distributed in violation shall consent to or shall knowingly tolerate such of this Act or implementing rules and regulations or orders; violation shall be directly liable and responsible for the B. Failure or refusal to submit reports, notices or other act of the employees and shall be criminally liable as a information, access to records as required by this Act, or permit co principal; inspection of establishment where chemicals are manufactured, In case the offender is a government official or processed, stored or otherwise held; employee, he or she shall, in addition to the above C. Failure or refusal to comply with the pre-manufacture and penalties, be deemed automatically dismissed from pre-importation requirements; and  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A office and permanently disqualified from holding any instruments, tools or other improvements including vehicles, elective or appointive position. sea vessels, and aircrafts used in or with which the offense was committed. 2. VIOLATION OF D The penalty of imprisonment of 12 years and 1 day to 4. Chemical substances confiscated and forfeited by the 20 years, shall be imposed upon any person who shall Government at its option shall be turned over to the violate Section 13(d) of this Act. If the offender is a Department of Environment and Natural Resources for foreigner, he or she shall be deported and barred from safekeeping and proper disposal. The person or firm any subsequent entry into the Philippines after serving responsible or connected with the bringing or importation into his or her sentence; the country of hazardous or nuclear wastes shall be under In the case of corporations or other associations, the obligation to transport or send back said prohibited wastes; above penalty shall be imposed upon the managing partner, president or chief executive in addition to an 5. Any and all means of transportation, including all facilities and exemplary damage of at least P500,000. If it is a foreign appurtenances that may have been used in transporting to or in firm, the director and all the officers of such foreign the storage in the Philippines of any significant amount of firm shall be barred from entry into the Philippines, in hazardous or nuclear wastes shall at the option of the addition to the cancellation of its license to do business government be forfeited in its favor. in the Philippines; In case the offender is a government official or Administrative Fines (Section 15) employee, he or she shall in addition to the above In all cases of violations of this Act, including violations of penalties be deemed automatically dismissed from implementing rules and regulations which have been duly office and permanently disqualified from holding any promulgated and published in accordance with Section 16 of elective or appointive position. this Act, the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than P10,000, 3. Every penalty imposed for the unlawful importation, entry, but not more than P50,000 upon any person or entity found transport, manufacture, processing, sale or distribution of guilty thereof. The administrative fines imposed and collected chemical substances or mixtures into or within the Philippines by the Department of Environment and Natural Resources shall carry with it the confiscation and forfeiture in favor of shall accrue to a special fund to be administered by the the Government of the proceeds of the unlawful act and  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Department exclusively for projects and research activities Trade secrets are any formula, pattern. Device, or compilation relative to toxic substances and mixtures. of information used in business that provides a competitive advantage as they are not known to the general public and are Confidentiality of Trade Secrets (Section 12) unique to the respondent. The public shall have access to records, reports, or information The protection of trade secrets is crucial for economic concerning chemical substances and mixtures including safety advancement and healthy competition in the business industry. data submitted, data on emission or discharge into the environment, and such documents shall be available for inspection or reproduction during normal business hours. GR: The Department of Environment and Natural Resources PHILIPPINE FISHERIES CODE may consider a record, report or information or particular (R.A. No. 8550 as amended by RA 10654) portions thereof confidential and may not be made public when such would divulge trade secrets, production or sales figures or methods, production or processes unique to such manufacturer, Application of Provisions (Section 3) processor or distributor, or would otherwise tend to affect 1. All Philippine waters, including waters over which the adversely the competitive position of such manufacturer, Philippines has sovereignty and jurisdiction, and the country’s processor or distributor. 200 nm EEZ; XPN: The Department of Environment and Natural Resources, 2. All aquatic and fishery resources, whether inland, coastal or however, may release information subject to claim of offshore fishing areas, including, but not limited to, fishponds, confidentiality to a medical research or scientific institution fish pens or cages; where the information is needed for the purpose of medical 3. All lands devoted to aquaculture, or business and activities diagnosis or treatment of a person exposed to the chemical relating to fishery, whether private or public lands; and substance or mixture. 4. All Philippine flagged fishing vessels operating in areas governed by a Regional Fisheries Management Organization, Air Philippines v. Pennswell (G.R. No. 172835, December 13, 2007) in the high seas, or in waters of other coastal states. In this case, the court affirmed that the chemical components are considered as trade secrets and privileged information, Objectives of the Fishery Sector (Section 2) which are protected under the law. Conservation, protection, and sustained management of the country’s fishery and aquatic resources;  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Poverty alleviation and the provision of supplementary - There is a prima facie presumption if discovered with livelihood among municipal fisherfolk; fishing gear or operating a fishing vessel without a Improvement of productivity of aquaculture with ecological license. limits; 2. Prohibits commercial fishing vessels from operating in Optimal utilization of offshore and deep-sea resources; and municipal waters, unless allowed by law Upgrading of post-harvest technology. 3. Allows fishing for daily sustenance or leisure it not for commercial or livelihood purposes Unauthorized Fishing (Section 86) 4. Penalizes boat captains, officers and owners of commercial GR: It shall be unlawful to capture or gather or to cause the fishing vessels for violations, including confiscation of catch capture or gathering of fish, fry or fingerlings of any fishery and gear species or products without license or permit from the DENR 5. Prohibits unregistered municipal fisherfolk from engaging in or LGU. commercial fishing in municipal waters It shall also be unlawful for any commercial fishing vessel to fish in municipal waters. Engaging in Unauthorized Fisheries Activities (Section 87) There is a prima facie presumption that a person is engaged in It shall be unlawful to exploit, occupy, produce, breed unauthorized fishing if discovered in possession of fishing gear or culture fish, fry or fingerlings of any fishery species or operating a fishing vessel in a fishing area, where he has no or products; or permit or license To construct and operate fish corrals, traps, pens and XPN: It shall be allowed to fish even without license or permit cages or ponds, without license or permit. for the purpose of daily food sustenance or for leisure which is The discovery of any person engaging in any of the not commercial, occupation or livelihood purposes. above activities without a lease, license or permit, shall It may be considered as a commercial purpose if only there is a constitute prima facie presumption that the person is habituality in selling the fish. engaged in unauthorized fisheries activity. PROHIBITED ACTS: Failure to secure fishing permit prior to engaging in distant water 1. Prohibits capturing or gathering fish, fry, or fingerlings without fishing (Section 88) a license or permit from DA or LGU It shall be unlawful to fish in the high seas, territorial seas, archipelagic waters, and EEZ of other states using a Philippine flagged vessel, without first securing a  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A fishing permit from the DENR and authorization from applicable conservation and management the coastal state. measures, as stated under Section 3. The discovery of any person in possession of a fishing gear or operating a fishing vessel in such areas without Sea Lion Fishing v. People (G.R. No. 172678, 23 March 2011) the specified requirements shall constitute a prima facie In this case, the petitioners failed to prove that they are the presumption that the person is in violation of this registered owners of the vessel. provision. Therefore, the forfeiture of the vessel in favor of the government was proper. Unreported Fishing (Section 89) It shall be unlawful to engage in unreported fishing or Poaching in Philippine Waters (Section 91) the failure to comply with the reportorial requirements It shall be unlawful for any person, corporation or entity to fish in Section 38 of this Code. or operate any fishing vessels in Philippine waters. Failure to comply shall result in administrative and The entry of any foreign fishing vessel in Philippine waters penal sanctions due to failure to fulfill reporting shall constitute a prima facie presumption that the vessel is obligations engaged in fishing in Philippine waters. The law only allows Filipinos to use and benefit from the Unregulated Fishing (Section 90) marine resources of the country. It shall be unlawful to engage in unregulated fishing in waters within and beyond national jurisdiction. Prohibition on Use of Explosives, Poisonous Substances, or It refers to fishing conducted by: Electricity (Section 92) 1. Vessels without nationality but operated by GR: It is unlawful to possess explosives, poisonous substances Filipino citizen or corporation; or electricity for illegal fishing. 2. Philippine flagged fishing vessels operating in XPN: areas managed by Regional Fisheries 1. When it is used for research, education, or scientific Management Organization (RFMO) to which purposes with safeguards and LGU endorsement the Philippines is not a party to; or 2. When it is used to eradicate predators or pests in 3. Philippine flagged fishing vessels operating in fishponds, if done scientifically and without harming areas or fish stocks where there are no neighboring waters  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A There is a prima facie presumption if there are explosives, other similar substances that make up any marine habitat, poisonous substances or electrofishing devices on vessels or in except in cases allowed by law. possession of fishers, and the fishes caught are presumed to have been used of such prohibited methods. Illegal Use of Superlights or Fishing Light Attractor (Section 98) It is unlawful to use superlights for fishing in municipal waters. Ban on Coral Exploitation and Exportation (Section 96) It is prohibited because it emits electricity and attracts all GR: It is unlawful for any person or corporation to gather, marine species that may not regulate fishing. possess, commercially transport, sell or export ordinary, semi-precious, and precious corals, whether raw or processed, Conversion of Mangroves (Section 99) or to commit any activity that damages coral reefs. It shall be unlawful for any person to convert mangroves into XPN: Unless for scientific or research purposes. fishponds or for any other purpose. This is not applicable to pet shops as they only use artificial corals for the aquarium. Leynes v. People (G.R. No. 224804, September 11, 2016) In cases when dead corals were drifted away from the sea to The law prohibits the conversion of mangrove forests for any the beach, it is not violative to get it as a souvenir or for any purpose, not just for creating fishponds. In this case, the other personal purposes, as long as it is not for commercial petitioner did not convert the mangrove forest into a fishpond, purposes. but his acts of cutting mangrove trees, constructing a dike, installing an outlet, and excavating in the mangrove forest Ban on Muro-ami, Other Methods and Gear Destructive to Coral altered the natural structure and form of the mangrove forest. Reefs and Other Marine Habitat (Section 97) Any activity that alters the natural structure of an area It is unlawful to use fishing gear or methods that destroy coral designated as a mangrove forest, even if it previously reefs and other marine habitats as determined by the DA. functioned as a fishpond, falls under the legal definition of The use of muro-ami or its variations and similar methods or “conversion” gears that involve diving or physical/mechanical pounding of coral reefs or other habitats to catch fish or other fishery Aquatic Pollution (Section 107) species. It is the introduction of substances or energy into the aquatic It is prohibited to gather, possess, commercially transport, sell, environment, directly or indirectly, by humans or machines, or export coral sand, coral fragments, coral rocks, silica, and resulting in or likely to result in harmful effects, such as: 1. damage to living or non-living aquatic resources  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 2. potential or real hazards to human health Gathering and Marketing of Shell Fishes or Other Aquatic Species 3. hindrance to aquatic activities (like fishing and (Section 110) navigation) It shall be unlawful for any person to gather, take, sell, transfer, Acts constituting aquatic pollution: possess, commercially transport, export, or ship out: 1. Dumping or disposal of waste and marine litter 1. Sexually mature shellfish or aquatic species identified 2. Discharge of petroleum, petroleum residuals, or by the DA carbonaceous substances 2. Shellfish or other aquatic species below the minimum 3. Release of radioactive, noxious, or harmful liquid, size or above the maximum quantity limits as prescribe gaseous, or solid substances from water, land or air the DA transport 4. Other human-made structures Obstruction to Navigation or Flow or Ebb of Tide in any Stream, 5. Destructive practices such as deforestation, unsound River, Lake or Bay (Section 111) agricultural practices (like use of banned or excessive It shall be unlawful for any person to cause obstruction to chemicals), intensive use of artificial fish feed, or navigation or flow or ebb of tide. wetland conversion causing similar hazards and harmful effects Noncompliance with Good Aquaculture Practices (Section 112) Fishery operations involving the breeding and farming of fish Failure to Comply Minimum Safety Standards (Section 108) and other fishery species shall comply with good aquaculture Apprehended vessels will be escorted to the nearest port or practices and the guidelines for environmentally-sound design landing point and barred from continuing fishing activities. and operation for the sustainable development of the aquaculture industry. Failure to Submit Yearly Report on Fishponds, Fish Pens, and Fish Cages (Section 109) Non-compliance with Port State Measures (Section 117) Owners and operators of fishponds, fish pens, and fish cages No foreign fishing vessel shall be allowed entry without must submit an annual report to the DA as required under providing at least 24-hour prior notice. Section 57 of this Code. When granted entry, failure to provide a catch report shall be deemed unlawful.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A It shall be unlawful for any person to fail to comply with other Serious violations rules on port state measures set by the DA in coordination with 1. Fishing without a valid license, authorization or permit; port state authorities. 2. Fishing without reporting the catch or misreporting the catch; Failure to comply with the 24-hour period notice may result in 3. Fishing in a closed area or during a closed season; denial of entry or use of port facilities or onboard inspection 4. Fishing of prohibited species; and/or impoundment of the vessel. 5. Fishing with the use of prohibited gear or methods; 6. Falsifying concealing or tampering with vessel markings, Noncompliance with Requirements for Foreign or Exotic Aquatic identity or registration to conceal vessel identity or lack or Species (Section 124) registration; It shall be unlawful to import, introduce, or breed foreign or 7. Concealing, tampering or disposing of evidence relating to an exotic aquatic species without conducting risk analysis and investigation of a violation; prior approval from the DA. 8. Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing or delaying a fisheries Failure to Comply with Standards and Trade-Related Measures law enforcer, authorized inspector or observer or other duly (Section 125) authorized government officer; It shall be unlawful for any person to fail to comply with 9. Intentionally tampering with or disabling the vessel monitoring standards for weights, volume, quality and other requirements system; and for all fishery transactions and trade and trade-related measures 10. Committing multiple violations which taken together constitute prescribed by the DA. a serious disregard of the Code. Possessing, Dealing in, or Disposing of Illegally Caught or Taken Administrative Sanctions for Serious Violations Fish (Section 126) The following additional sanctions to the administrative It shall be unlawful for any person to ship, commercially penalties may be imposed for serious violations: transport, offer for sale, sell, import, export or possess fish or 1. Confiscation of fishing gear; species caught, taken or retained in violation of this Code. 2. Impoundment of fishing vessel; The discovery of any fish or species caught with the use of 3. Temporary suspension or permanent revocation of explosives or poisonous substances shall constitute prima facie license or permit; presumption that the possessor, seller, importer, or exporter has 4. Temporary or permanent ban from the availment of knowledge that it was caught or taken in violation of this Code. applicable duty and tax rebates;  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 5.Inclusion in the IUU fishing vessel list; PHILIPPINE CLEAN AIR ACT (R.A. No. 8749) 6.Denial of entry and other port services; 7.Blacklisting; and 8.Increase in the amount of fines, but not exceeding 5 Polluters’ Pay Principle (Section 2) times the value of the catch. In case of repeated The State recognizes the principle that “polluters must pay”. violations within a 5-year period, the amount of fine It is a principle making the person or entity responsible for may be increased up to 8 times the value of the catch. producing pollution directly liable for paying the injury done to During the pendency of the administrative or the criminal case, the environment by way of taxes, charges, amd punitive fines. the DA may impound the vessel, gear, and other paraphernalia It strengthens environmental policies, such as the imposition of used in the commission of the offense. an eco-tax which, once institutionalized, would work to effectively decrease greenhouse gas emissions and other Sea Lion Fishing v. People (G.R. No. 172678, March 23, 2011) adverse effects of pollution. When an instrument or tool used in a crime is being claimed by a third-party not liable to the offense, such third-party must Kinds of Sources of Air Pollution first establish its ownership over the same. 1. Mobile sources - any vehicle propelled by or through Under Article 45 of the RPC, instruments or tools shall be combustion of carbon-based or other fuel, constructed and confiscated and forfeited in favor of the Government, unless operated principally for the conveyance or persons or the they are property of a third person not liable for the offense. transportation of property goods. In this case, petitioner’s claim of ownership over F/V Sea Lion 2. Point (Stationary) sources - such as factories is not supported by any proof on record and it did not comply 3. Area sources - such as kaingin and smoking with the conditions set by the Provincial Prosecutor. Hence, the confiscation of the F/V Sea Lion was appropriate Greenhouse Gases - mean those gases that can potentially or can due to the established fact that the vessel was used by the reasonably be expected to induce global warming which include Chinese fishermen to commit the crimes. carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like. Emission - any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Ambient Air Quality - it is the general amount of pollution present in Airshed - is the part of the atmosphere that behaves in a coherent way a broad area and refers to the atmosphere’s average purity as with respect to the dispersion of emissions, and typically forms an distinguished from discharged measurements taken at the source of analytical or management unit, or a geographical area where local pollution. topography and meteorology limit the dispersion of pollutants away from the area. Ambient Air Quality Standard - it is the concentration of an air pollutant which, in order to protect public health and/or public welfare, Designation of Airsheds - the DENR, upon the recommendation of shall not be exceeded in the breathing zone, at any time. EMB, shall divide the geopolitical regions of the country into airsheds on the basis of, but not limited to: National Ambient Air Quality Guideline Values - it limits on 1. Areas with similar climate, weather, meteorology and criteria air pollutant concentrations published by the DENR intended topology which affect the interchange and diffusion of for the protection of public health. pollutants in the atmosphere; or 2. Areas which share common interest or face similar Nonattainment area - it is an area considered to have air quality development programs, prospects, or problems. worse than the National Ambient Air Quality Standards. An area may be designated as nonattainment for one or more Air Quality Control Techniques criteria pollutants, and may be an attainment area for the The DENR, through the research and development program, remaining criteria pollutants. and upon consultation with government agencies and LGUs, Existing sources in this area must submit a compliance plan for shall issue and periodically revise information on air pollution approval with the Environmental Management Bureau (EMB), control techniques. which details how the source will be brought into compliance Such information shall include: and implement the same to meet the standard. a. Best Available Technology and alternative methods for Failure to comply with its commitment within the specified prevention, management, and control of air pollution; period in the compliance plan, the EMB shall impose penalties b. Best Available Technology Economically Achievable, and fines to be computed retroactive from the time the referring to the technological basis or standards for notification of non-compliance was served. emission limits applicable to existing, direct industrial emitters of non-conventional and toxic pollutants; and  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A c. Alternative Fuels, Processes, and Operating Methods 3. Authorize private emission testing centers accredited by the that result in the elimination or significant reduction of DTI. emissions. This information may also include data related to the cost of Henares v. LTFRB (G.R. No. 158290, October 23, 2006) installation and operation, energy requirements, emission Writ of mandamus is not the proper remedy as it can only reduction benefits, and environmental impact of the emission compel the performance of a ministerial duty clearly enjoined control technology. by the law. The issuance of air quality guideline values, standards, and In this case, neither the 1987 Constitution nor the R.A. No. information on air quality control techniques shall be made 8740 specifically mandated the use of CNG as an alternative available to the general public. Provided that the issuance of fuel. information on air quality control techniques shall not be It is the responsibility of the DENR to set the emission construed as requiring the public to purchase specific pollution standards for fuel use and developing an action plan, and not control devices. the LTFRB or DOTC. Hence, writ of mandamus is not the proper remedy as the Pollution from Motor Vehicles petitioners failed to identify a specific legal duty imposed on The Department of Transportation and Communications the respondents that would justify its issuance. (DOTC) shall implement emission standards for motor vehicles as established in this Act. Certificate of Emission Compliance The DENR shall review, revise, and publish emission standards It is issued by the DOTC, or its authorized emission testing every 2 years or as needed, to improve air quality and ensure centers, for a vehicle apprehended during roadside inspection, public health. certifying that the particular vehicle meets the emission The DENR, in collaboration with the DOTC, DTI and LGU, requirements of the IRR of Clean Air Act, and which shall shall develop an action plan for motor vehicle air pollution have no validity period. control, consistent with the Integrated Air Quality Framework. Ban on Incineration (Section 20) Powers of DOTC for Emission Control GR: Incineration, or the burning of municipal, bio-chemical 1. Inspect and monitor motor vehicle emissions. and hazardous wastes which process emit poisonous and toxic 2. Prohibit or restrict the use of motor vehicles or classes of fumes, is prohibited. vehicles in specific areas or at specified times.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A XPN: Unless, for traditional small-scale method of community a. representatives of mayors and governors of member of or neighborhood sanitation or “siga”, traditional, agricultural, LGUs; cultural, health, and food preparation and crematoria. b. representatives of relevant national government agencies; MMDA v. JANCOM (G.R. No. 147465, January 30, 2002) c. duly registered NGO, water utility sector and business The ban on incineration does not, however, absolutely prohibit sector. incineration as a mode of waste disposal. It only prohibits those The DENR representative shall chair the governing board. burning processes which emit poisonous and toxic fumes. It shall formulate strategies to coordinate policies necessary for the effective implementation of R.A. No. 9275 in accordance with those established in the framework, and monitor the compliance with the action plan. PHILIPPINE CLEAN WATER ACT (R.A. No. 9275) National Sewerage and Septage Management Program (NSSMP) The DPWH, in coordination with the DENR, LGUs, and other Water Quality Management Areas (WQMA) concerned agencies, is mandated to prepare a national program The DENR, in coordination with the National Water Resolution on sewerage and septage management. Board, shall designate certain areas as water quality Such programs shall include a priority listing of sewerage, management areas using appropriate physiographic units such septage and combined sewage-septage projects for LGUs. as watershed, river basins or water resources regions. On the basis of such national listing, the national government Such management areas shall have similar hydrological or may allot, on an annual basis, funds for the construction and geographic conditions which affect the physicochemical, rehabilitation of required facilities. biological and bacteriological reactions and diffusions of Each LGU shall appropriate the necessary land, including the pollutants in the water bodies, or otherwise share common required rights-of-way or road access to the land for the interest or face similar development programs or problems. construction of the septage and/or sewage treatment facilities. Each LGU may raise funds to subsidize necessary expenses for Governing Board the operation and maintenance of sewerage treatment or Each WQMA shall be governed by a governing board septage facility through local property taxes and enforcement composed of: of a service fee system.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Domestic Sewage Collection, Treatment and Disposal In this case, the Clean Water Act represented a valid exercise The Agency (Metropolitan Waterworks and Sewerage System of the State’s police power to protect the environment and or MWSS) is vested to provide water supply and sewerage public health, outweighing any conflicting provisions in the facilities and/or concessionaires in Metro Manila and HUCs, in Concession Agreements. coordination with LGUs, within 5 years from the effectivity of While they consistently levied sewerage charges on consumers, this Act. as allowed under Section 8, they failed to fulfill their It shall be required to connect the existing sewage line found in corresponding duty of establishing a functional sewerage all subdivisions, condominiums, commercial centers, hotels, system within the mandated time frame of 5 years. hospitals, market places, public buildings and other similar Hence, the fines and penalties under Section 28 are still establishments including households, to the available sewerage applicable to the violations committed by the petitioners, as system. their compliance was delayed and incomplete. Provided that the said connection shall be subject to sewerage services charges/fees, unless the sources had already utilized Wastewater Charge System their own sewerage system in compliance with the The DENR shall implement a wastewater charge system in all requirements. management areas, including the Laguna Lake Region and In areas not considered as HUCs, the DPWH in coordination Regional Industrial Centers, through the collection of with DENR, DOH and other concerned agencies, shall employ wastewater charges/fees. septage or combined sewerage-septage management systems. The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies. Maynilad Water v. Secretary of DENR (G.R. No. 202897, Wastewater charges shall be established taking into August 6, 2019) consideration of the following: MWSS, Maynilad, and Manila Water violated Section 8 of the a. To provide strong economic inducement for polluters to Clean Water Act as they failed to connect all existing sewage modify their production or management processes or to lines in Metro Manila and adjacent provinces to a sewerage invest in pollution control technology in order to reduce system. the amount of water pollutants generated; The freedom to contract is not absolute and is subject to b. To cover the cost of administering water quality reasonable legislative regulation aimed at promoting public management or improvement programs; health, morals, safety, and welfare.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A c. Reflect damages caused by water pollution on the Summit One v. Pollution Adjudication Board (G.R. No. 215029, surrounding environment, including the cost of July 5, 2017) rehabilitation; Despite the petitioner’s subsequent efforts to comply with the d. Type of pollutant; DENR’s effluent standards, its initial violation is enough e. Classification of the receiving water body; and reason for an imposition of fine from PAB as it has already f. Other special attributes of the water body. caused pollution to the waters. The fee shall be based on the net waste load, depending on the wastewater charge formula, which shall be established with Clean-up Operations due public consultation within 6 months from the effectivity of Any person who causes pollution in or pollutes water bodies in this Act. excess of the applicable and prevailing standards, shall be The net waste load shall refer to the difference of the initial responsible to contain, remove, and clean-up any pollution waste load of the abstracted water and the waste load of the incident at his own expense, to the extent that the same water final effluent discharge of an industry. bodies have been rendered unfit for utilization and beneficial The wastewater charge system shall not apply to wastewater use. from geothermal exploration. If the polluter fails to immediately undertake the same and emergency clean-up operations are necessary, the DENR shall Discharge Permits conduct containment, removal, and clean-up operations, in The DENR shall require the owners or operators of facilities coordination with other government agencies. that discharge regulated effluents to secure a permit to The expenses incurred in such operations shall be reimbursed discharge. by the persons found to have caused such pollution. The discharge permit shall be the legal authorization granted Reimbursements of the cost incurred shall be made to the by the DENR to discharge wastewater. Water Quality Management Fund ro to such other funds where It shall specify the quantity and quality of effluent that facilities it was sourced. are allowed to discharge into a particular water body. For industries without any discharge permit, they may be given Prohibited Acts a period of 12 months after the effectivity of the IRR, to secure 1. Discharging or depositing materials into water bodies or along a discharge permit. margins, causing pollution or impeding natural flow.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 2. Polluting groundwater through discharge or seepage, but Pollution Adjudication Board (PAB) regulated geothermal discharges are allowed as long as there It is a government agency under the Office of the Secretary of are safety measures to prevent contamination. DENR, which has assumed the powers and functions of the 3. Operating facilities discharging pollutants without valid National Water and Air Pollution Control Commission permits or after revocation. (NWACC) and the National Pollution Control Commission 4. Dumping infectious medical waste into seawater, unless the (NPCC). safety of individuals on board the vessel is threatened by a Its responsibilities include the determination and adjudication great and imminent peril. of atmospheric air and water pollution cases, as well as serving 5. Unauthorized transport or dumping of sewage sludge or solid as an arbitrator for determining reparation or restitution for waste into seawater. damages and losses, resulting from pollution. 6. Dumping prohibited substances listed under R.A. No. 6969, It shall have exclusive jurisdiction over the adjudication of into seawater. pollution cases and all other related matters, including the 7. Operate facilities that discharge, willfully or through gross imposition of administrative sanctions and penalties. negligence, prohibited chemicals, substances, or pollutants It has specific jurisdiction over the following cases: listed under R.A. No. 6969, into water bodies. 1. Clean Air Act (R.A. No. 8749) 8. Violating P.D. No. 1586 (Environment Impact Assessment 2. Clean Water Act (R.A. No. 9275) System) in projects or wastewater facility operations. 3. Establishing an Environmental Impact Statement 9. Discharging pollutants without or after revocation of a System (P.D. No. 1586) discharge permit. 4. Ecological Solid Waste Management Act (R.A. No. 10. LGU’s non-compliance with the Water Quality Framework and 9003) Management Plan. 5. Toxic Substances and Hazardous Wastes Act (R.A. No. 11. Refusing inspection or monitoring by the DENR. 6969) 12. Refusing access to relevant reports and records. 13. Failing to submit required reports. Pollution 14. Failing to designate pollution control officers, when required. It is any alteration of the physical, chemical, or biological 15. Using booster pumps or tampering with water supply to impair properties of any water: quality. a. that will, or is likely to, render such water harmful, detrimental, or injurious to public health, safety, or welfare; or  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A b. that will adversely affect its utilization for domestic, 4. to initiate or support scientific studies on the commercial, injustrial, agricultural, recreational, or conservation of biological diversity. other legitimate purposes. These provisions are applicable to all wildlife species found in Specialized knowledge amd skills, both technical and all areas of the country, including protected areas under NIPAS scientific, are required in determining the presence, cause, and Act, and critical habitats. effects of pollution, and are not within the competence of It shall also apply to exotic species which are subject to trade, ordinary courts. are cultured, maintained, and/or bred in captivity or propogated Hence, the PAB, as the agency with expertise in determining in the country. pollution-related matters, has the power to decide. But their decisions are merely recommendatory, as the DENR still has Wildlife - wild forms and varieties of flora and fauna, in all the discretion. developmental stages, including those which are in captivity or are being bred or propagated. Endangered species - species or subspecies that are not critically WILDLIFE RESOURCES CONSERVATION endangered, but whose survival in the wild is unlikely, if the causal AND PROTECTION ACT (R.A No. 9147) factors continue operating. Endemic species - species or subspecies which are naturally occurring Declaration of Policy (Section 2) and found only within specific areas in the country. It shall be the policy of the state to conserve the country’s wildlife resources and their habitatsnfor sustainability. Exotic species - species or subspecies which do not naturally occur in 1. to conserve and protect wildlife species, and their the country. habitats to promote ecological balance and enhance biological diversity; Indigenous wildlife - species or subspecies of wildlife naturally 2. to regulate the collection and trade of wildlife; occurring or has naturally established population. 3. to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Introduction, Reintroduction or Restocking of Endemic or a. when done as part of the religious rituals of Indigenous Wildlife established tribal groups or ICCs; It is only allowed for population enhancement or for recovery b. when the wildlife is afflicted with an incurable purposes, subject to prior clearance from the DENR or its communicable disease; authorized representative. c. when necessary to put an end to the misery Introduction means bringing species into the wild that is suffered by the wildlife; outside its natural habitat. d. when done to prevent an imminent danger to the life or limb of a human being; and Conservation, Breeding or Propagation of Threatened Species e. when the wildlife is killed or destroyed after it It shall be encouraged in order to enhance its population in its has been used in authorized research or natural habitat. experiments. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred or propagated 2. Inflicting injury which cripples and/or impairs the species shall be released, reintroduced or restocked. reproductive system of wildlife species; Commercial breeding or propagation of threatened species may 3. Effecting any of the folllowing acts in critical habitats: be allowed, provided that the following requirements are met a. dumping of waste products detrimental to by the applicant: wildlife; a. Proven effective breeding and captive management b. squatting or occupying any portion of the techniques of the species; and critical habitat; b. Commitment to undertake commercial breeding in c. mineral exploration and/or extraction; accordance with Section 17, simultaneous with d. burning; conservation breeding. e. logging; and f. quarrying Prohibited Acts 4. Introduction, reintroduction or restocking of wildlife It shall be unlawful for any person to willfully and knowingly resources; exploit wildlife resources and their habitats, or undertake the 5. Trading of wildlife; following acts: 6. Collecting, hunting, or possessing wildlife, their 1. Killing and destroying wildlife species, except: by-products and derivatives;  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 7. Gathering or destroying active nests, nest trees, host Consent Decree plants and the like; It is a judicially-approved settlement between concerned 8. Maltreating and/or inflicting other injuries not covered parties based on public interest and public policy to protect and by the preceding paragraph; and preserve the environment. 9. Transporting of wildlife. It is a settlement of a civil or criminal case, in which a natural or juridical person agrees to take specific actions, without Poachers - are those persons who hunt animals or fish on land and/or admitting fault or guilt for the situation. at sea, illegally on the property of another. They are still criminally It is under a court order containing an injunctive relief and a liable for injuring or crippling the same, even though they failed to kill conformance by the court to maintain jurisdiction, to ensure the animal or fish. that the settlement is followed by the parties. It is still subject to judicial approval and can be enforced through a court order. It allows the parties to address issues other than those presented RULES OF PROCEDURE FOR ENVIRONMENTAL CASES to the court or those not alleged in the complaint, and also open to public scrutiny. Declaration of Policy (Section 2) Precautionary Principle To protect and advance the constitutional right of the people to It states that when human activities may lead to threats of a balanced and healthful ecology; serious and irreversible damage to the environment that are To provide a simplified, speedy, and inexpensive procedure for scientifically plausible but uncertain, actions shall be taken to the enforcement of environmental rights and duties under the avoid or diminish that threat. Constitution, existing laws, rules and regulations, and It is applicable if full scientific certainty is lacking in linking international agreements; human activity to environmental harm. To introduce and adopt innovations and best practices ensuring FACTORS TO BE CONSIDERED: the effective enforcement of remedies and redress for violation 1. Threats to human life or health; of environmental laws; and 2. Inequity to present or future generations; or To enable the courts to monitor and exact compliance with 3. Prejudice to the environment without legal orders and judgments in environmental cases. consideration of the environmental rights of those affected.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A In cases of doubt, the decision of the court should be in favor Citizen Suit of the constitutional right to a balanced and healthful ecology. Any Filipino citizen in representation of others, including The burden of proof shifts from those likely to suffer harm to minors or the future generations, may file an action to enforce those seeking to change the status quo. rights or obligations under environmental laws. It allows the court to address environmental issues even before The court shall issue an order which shall contain a brief full scientific consensus is reached. description of the cause of action and the relief prayed for, requiring all interested parties to manifest their interest to Mosqueda v. Pilipino Banana Growers and Exporters Association, intervene in the case within 15 days from notice thereof. Inc. (G.R. No. 189185, August 16, 2016) It liberalizes the requirements for legal standing for the The prohibition on aerial spraying was overbroad as it included enforcement of environmental laws. all substances, even the harmless ones, regardless of the In cases of NGOs and people’s organizations, proof of their agricultural activity. At the same time, it was also juridical personality is required, such as accreditation or underinclusive as other spraying methods are not prohibited registration, for citizen suits and petitions for writ of kalikasan. although it produces drift. The City Ordinance that bans aerial spraying in all agricultural Osmena v. Garganera (G.R. No. 230164, March 20, 2018) activities within the city is void as it violates the equal Prior to the Rules, citizen suits were merely applied in protection clause and it finds no support in any valid scientific violations of Clean Air Act and Ecological Solid Waste study. Management Act, which both provide for specific provisions The precautionary principle shall only be relevant if there is on citizen suits. uncertainty, serious or irreversible harm, and threat of Petition for writ of kalikasan under the Rules of Procedure for environmental damage. Environmental Cases, is a separate and distinct action from In this case, such a principle is irrelevant since there was no violations of Clean Air Act and Ecological Solid Waste threat of environmental harm, or if the harm is trivial or Management Act. reversible. It is designed to accord a stronger protection for environmental Scientific analysis is still a necessary basis for effective policy rights, aiming to provide a speedy and effective resolution of a choices under the precautionary principle as it is dangerous to case, involving the violation of the constitutional right to a quickly presume that the effects of aerial spraying would be balanced and healthful ecology that transcends political and adverse even in the absence of evidence. territorial boundaries, and to address the potentially exponential nature of large-scale ecological threats.  ENVIRONMENTAL LAWS FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Environmental Protection Order (EPO) It protects persons whose constitutional right to a balanced and It is an order issued by the court directing or enjoining any healthful ecology is violated or threatened by an unlawful act person or government agency to perform or desist from or omission. performing an act, in order to protect, preserve or rehabilitate It is applicable when the environmental damages involve: the environment. (REQUISITES) It has a similar function to a prohibitory or mandatory 1. acts or omissions of public officials, employees, private injunction, but it specifically applies to environmental cases. individuals or entities; and 2. affects life, health, or property of inhabitants in two or Strategic Lawsuit Against Public Participation (SLAPP) more cities or provinces. It is a legal action file to harass or exert undue pressure to It is an extraordinary remedy that addresses environmental make any legal recourse that any person, institution or the damage of significant magnitude that transcends political and government itself has taken or may take, in the enforcement of territorial boundaries. environmental laws, protection of the environment or assertion of environmental rights. Arigo v. Swift (G.R. No. 206510, September 16, 2014) The agreement provides for the treatment of US military Mercado v. Lopena (G.R. No. 230170, June 6, 2018) personnel in the Philippines, but does not waive sovereign In this case, the petitioner could not invoke SLAPP that meant immunity for civil actions, such as the petition for a writ of to harass, intimidate, and silenc