Philippine Fisheries Code Syllabus PDF

4TH SYLLABUS seas, or in waters of other coastal states. I. PHILIPPINE 2. Philippine Water (Definition); include all bodies of water within the FISHERIES CODE...

4TH SYLLABUS seas, or in waters of other coastal states. I. PHILIPPINE 2. Philippine Water (Definition); include all bodies of water within the FISHERIES CODE Philippine territory such as lakes, (Republic Act No. 8550 rivers streams, creeks, brooks, ponds, as amended by RA No. swamps, lagoons, gulfs, bays and seas and other bodies of water now existing 10654) or which may hereafter exist in the provinces, cities, municipalities, and 1. Application of the Provisions; barangays and the waters around, Section 2. Application of its between and connecting the islands of Provisions. – The provisions of this the archipelago regardless of their Code shall be enforced in: breadth and dimensions, the territorial sea, the sea beds, the (a) all Philippine waters including insular shelves, and all other waters other waters over which the over which the Philippines has Philippines has sovereignty and sovereignty and jurisdiction including jurisdiction, and the country’s the 200-nautical miles Exclusive 200-nautical mile Exclusive Economic Economic Zone and the continental Zone (EEZ) and continental shelf; shelf. (b) all aquatic and fishery resources 3. Objectives of the Fishery Sector; whether inland, coastal or offshore The State shall ensure the attainment fishing areas, including, but not of the following objectives of the limited to, fishponds, fish pens/cages; fishery sector: (c) all lands devoted to aquaculture, or 1. Conservation, protection and businesses and activities relating to sustained management of the fishery, whether private or public country's fishery and aquatic lands; and resources; 2. Poverty alleviation and the (d) all Philippine flagged fishing provision of supplementary livelihood vessels operating in areas governed by among municipal fisherfolk; a Regional Fisheries Management 3. Improvement of productivity of Organization (RFMO), in the high aquaculture within ecological limits; MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 1 4. Optional utilization of offshore and occupy, produce, breed or culture deep-sea resources; and fish, fry or fingerlings of any fishery 5. Upgrading of post-harvest species or fishery products or technology. construct and operate fish corrals, fish traps, fish pens and fish cages or 4. Salient Provisions: fishponds without a license, lease or Sections 86 to 92; permit. Penal Provisions – The discovery of any person engaging "SEC. 86. Unauthorized Fishing. – in any of the above activities without a lease, license or permit shall 1. It shall be unlawful for any person constitute & prima facie presumption to capture or gather or to cause the that the person is engaged in capture or gathering of fish, fry or unauthorized fisheries activity. fingerlings of any fishery species or fishery products without license or "SEC. 88. Failure to Secure Fishing permit from the Department or LGU. Permit Prior to Engaging in Distant Except in cases specified under this Water Fishing. – Code, it shall also be unlawful for any commercial fishing vessel to fish in 1. It shall be unlawful for any person municipal waters. to fish in the high seas, in the The discovery of any person in territorial seas, archipelagic waters, possession of a fishing gear or and Exclusive Economic Zones of operating a fishing vessel in a fishing other states using a Philippine flagged area where he has no license or fishing vessel without first securing a permit shall constitute & prima facie fishing permit from the Department presumption that the person is and authorization from the coastal engaged in unauthorized fishing: state. XPN: Provided, That fishing for daily "SEC. 89. Unreported Fishing. – It food sustenance or for leisure which is shall be unlawful for any person to not for commercial, occupation or engage in unreported fishing or to fail livelihood purposes may be allowed. to comply with the reportorial requirements in Section 38 of this "SEC. 87. Engaging in Unauthorized Code. Fisheries Activities. – It shall be unlawful for any person to exploit, "SEC. 90. Unregulated Fishing. – It shall be unlawful for any person to MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 2 engage in unregulated fishing in or noxious substances to catch, take waters within and beyond national or gather fish or fishery species: jurisdiction.. Provided, further, That the use of "SEC. 91. Poaching in Philippine poisonous or noxious substances to Waters. – It shall be unlawful for any eradicate predators and pests in foreign person, corporation or entity fishponds in accordance with to fish or operate any fishing vessel in accepted scientific practices and Philippine waters. without causing adverse environmental impact in neighboring The entry of any foreign fishing vessel waters and grounds shall not be in Philippine waters shall constitute a construed as illegal fishing. prima facie presumption that the vessel is engaged in fishing in Philippine waters. The discovery of dynamite, other explosives and chemical compounds "SEC. 92. Fishing Through which contain combustible elements, Explosives, Noxious or Poisonous or noxious or poisonous substances, Substance, or Electricity. – or equipment or device for 1. It shall be unlawful for any person electrofishing in any fishing vessel or to catch, take or gather or cause to be in the possession of any fisherfolk, caught, taken or gathered fish or any operator, fishing boat official or fishery species in Philippine waters fishworker shall constitute a prima with the use of explosives, noxious or facie presumption that any of these poisonous substance such as sodium devices was used for fishing in cyanide, which will kill, stupefy, violation of this Code. disable or render unconscious fish or fishery species: The discovery in any fishing vessel of Provided, That the Department, fish caught or killed with the use of subject to such safeguards and explosives, noxious or poisonous conditions deemed necessary and substances, or by electricity shall with the endorsement from the constitute a prima facie presumption concerned LGUs, may allow, for that the fisherfolk, operator, boat research, educational or scientific official or fishworker is fishing with purposes only, the use of poisonous the use thereof. MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 3 Sections 96 to 99; that require diving, other physical or mechanical acts to pound the coral SEC. 96. Ban on Coral Exploitation reefs and other habitat to entrap, and Exportation. – It shall be gather or catch fish and other fishery unlawful for any person or species are also prohibited. corporation to gather, possess, commercially transport, sell or export ordinary, semi-precious and precious 2. Except in cases allowed by law, it corals, whether raw or in processed shall be unlawful for any person, form, except for scientific or research natural or juridical, to gather, purposes. It shall also be unlawful for possess, commercially transport, sell any person, corporation or entity to or export coral sand, coral fragments, commit any activity that damage coral coral rocks, silica, and any other reefs. substances which make up any marine habitat. …. The offender shall also pay compensation for the restoration of the damaged corals reefs. "SEC. 98. Illegal Use of Superlights or Fishing Light Attractor. – It shall The offender shall also be required to be unlawful to engage in fishing with pay the cost of restoration of the the use of superlight in municipal damaged coral reefs based on waters, or to fish with fishing light available studies and as determined attractor using candlelight power or by the Department. intensity beyond the standards set by "SEC. 97. Ban on Muro-ami, Other the Department in consultation with Methods and Gear Destructive to the LGUs for fishing in municipal Coral Reefs and Other Marine waters, or in violation of the rules Habitat. – promulgated by the Department for fishing with the use of superlight or 1. It shall be unlawful for any person, fishing light attractor outside natural or juridical, to fish with gear municipal waters. or method that destroys coral reefs, seagrass beds, and other fishery "SEC. 99. Conversion of Mangroves. marine life habitat as may be – It shall be unlawful for any person determined by the Department. to convert mangroves into fishponds ‘Muro-ami’ and any of its variation, or for any other purpose. and such similar gears and methods MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 4 Sections 107 to 112; provided in this Code shall be liable administratively and criminally. SEC. 107. Aquatic Pollution. – the introduction by human or machine, Upon apprehension, the fishing vessel directly or indirectly, of substances or shall be escorted to the nearest port energy to the aquatic environment or landing point and prevented from which result or is likely to result in continuing with the fishing activity. such deleterious effects as to harm living and non-living aquatic "SEC. 109. Failure to Submit a resources, pose potential and/or real Yearly Report on All Fishponds, hazard to human health, hindrance to Fish Pens and Fish Cages. – It shall aquatic activities such as fishing and be unlawful for owners and operators navigation, including of fishponds, fishpens and fish cages dumping/disposal of waste and other to fail to submit an annual report to marine litters, discharge of petroleum the Department pursuant to Section or residual products of petroleum or 57 of this Code. carbonaceous materials/substances "SEC. 110. Gathering and and other radioactive, noxious or Marketing of Shell Fishes or Other harmful liquid, gaseous or solid Aquatic Species. – It shall be substances, from any water, land or unlawful for any person to gather, air transport or other human-made take, sell, transfer, possess, structure. Deforestation, unsound commercially transport, export, agricultural practices such as the use forward or ship out any sexually of banned chemicals and excessive mature shell fish or other aquatic use of chemicals, intensive use of species identified by the Department, artificial fish feed, and wetland or below the minimum size, or above conversion, which cause similar the maximum quantities prescribed hazards and deleterious effects shall for the species. Other parameters for also constitute aquatic pollution. the protection of heavily traded "SEC. 108. Failure to Comply with aquatic species may be promulgated Minimum Safety Standards. – The by the Department. owner and captain of a commercial "SEC. 111. Obstruction to fishing vessel engaged in fishing who, Navigation or Flow or Ebb of Tide in upon demand by proper authorities, any Stream, River, Lake or Bay. – It fails to exhibit or show proof of shall be unlawful for any person to compliance with the safety standards MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 5 cause obstruction to navigation or subject to onboard inspection and/or flow or ebb of tide. impoundment. "SEC. 112. Noncompliance with Sections 124 to 126 Good Aquaculture Practices. – Fishery operations involving the SEC. 124. Noncompliance with the breeding and farming of fish and Requirements for the Introduction other fishery species shall comply of Foreign or Exotic Aquatic with good aquaculture practices and Species. – It shall be unlawful to the guidelines for import, introduce, or breed, foreign or environmentally-sound design and exotic aquatic species without the operation for the sustainable conduct of risk analysis and prior development of the aquaculture approval of the Department. industry which shall be promulgated *The DA- BFAR (Bureau of Fisheries by the Department. and Aquatic Resources) shall review Section 117; and revise existing protocols on risk analysis on the importation, SEC. 117. Noncompliance with Port introduction and breeding of foreign State Measures. – No foreign fishing or exotic aquatic species. vessel shall be allowed entry without providing at least twenty-four "SEC. 125. Failure to Comply with (24)-hour prior notice. When a foreign Standards and Trade-Related fishing vessel is granted entry, failure Measures. – It shall be unlawful for to provide a catch report shall be any person to fail to comply with deemed unlawful. It shall likewise be standards for weights, volume, quality unlawful for any person to fail to and other requirements for all fishery comply with other rules on port state transactions and trade and measures promulgated by the trade-related measures prescribed by Department in coordination with port the Department. state authorities. "SEC. 126. Possessing, Dealing in or Failure to comply with the 24-hour Disposing Illegally Caught or Taken period may result in denial of Fish. – It shall be unlawful to ship, permission to enter or use of port commercially transport, offer for sale, facilities and the vessel may be sell, import, export, or have custody, control, or possession of, or to deal in or in any manner dispose of any fish MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 6 or species caught, taken or retained in fisheries law enforcer, authorized violation of this Code. inspector or observer or other duly authorized government officer; The discovery of any fish or species (i) Intentionally tampering with or caught with the use of explosives or disabling the vessel monitoring noxious or poisonous substances system; and shall constitute a prima facie (j) Committing multiple violations presumption that the possessor, which taken together constitute a seller, fish dealer, transporter, serious disregard of this Code. importer, or exporter thereof has (section 3) knowledge that the fish or species was caught or taken in violation of this 7. Accompanying Administrative Code. Sanctions 6. Serious Violations— means any of (1) confiscation of fishing gear; the following violations of the provisions of this Code: (2) impoundment of fishing vessel; (a) Fishing without a valid license, (3) temporary suspension or authorization or permit; permanent revocation of license or (b) Fishing without reporting the catch permit; or misreporting the catch; (4) temporary or permanent ban from (c) Fishing in a closed area or during a the availment of applicable duty and closed season; tax rebates; (d) Fishing of prohibited species; (e) Fishing with the use of prohibited (5) inclusion in the IUU (illegal, gear or methods; unreported and unregulated) fishing (f) Falsifying, concealing or tampering vessel list; with vessel markings, identity or (6) denial of entry and other port registration to conceal vessel identity services; or lack of registration; (because the government monitor it) (7) blacklisting; and (g) Concealing, tampering or disposing (8) increase in the amount of fines but of evidence relating to an investigation not to exceed five (5) times the value of a violation; of the catch. In case of repeated (h) Assaulting, resisting, intimidating, violations within a five-year period, harassing, seriously interfering with, the amount of fine may be increased or unduly obstructing or delaying a MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 7 up to eight (8) times the value of the catch. Ruling: During the pendency of the 1. Incorrect Remedy Pursued administrative or the criminal case, by Petitioner: The petitioner, the Department may impound the Sea Lion Fishing vessel/conveyance, gear and other Corporation, pursued an paraphernalia used in the commission incorrect remedy by filing a of the offense. Petition for Certiorari under In applying these accompanying Rule 65 of the Rules of Court sanctions, the Department shall take before the Court of Appeals into account the seriousness of the (CA). The correct remedy violation as defined in Paragraph 82 of should have been an appeal, Section 4 of this Code, the habituality not certiorari, as the trial or repetition of violation, manner of court had jurisdiction over commission of the offense, severity of the crimes and the authority the impact on the fishery resources to determine the disposition and habitat, socio economic impact, of the fishing vessel. cases of concealment or destruction of 2. Lack of Evidence for evidence, eluding arrest, resisting Ownership Claim: The lawful orders, and other analogous petitioner failed to provide circumstances. sufficient evidence to support its claim of ownership of the The overall level of sanctions and F/V Sea Lion. The only accompanying sanctions shall be document on record was a calculated in a manner that is request for the release of the proportionate, effective and dissuasive vessel based on alleged to deprive the offender of the ownership, which was not economic benefits derived from the substantiated with proof. The serious violation. [Section 135 of RA petitioner did not comply 10654] with the conditions set by the Cases: Provincial Prosecutor for the release of the vessel, such as a. Sea Lion Fishing vs. People (G.R. submitting proof of No. 172678; March 23, 2011) ownership and posting a bond. MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 8 3. Due Process: The petitioner in favor of the government, claimed it was denied due regardless of ownership. The process as it was not notified petitioner did not provide of the judicial proceedings evidence to challenge this related to the confiscation of provision effectively. the vessel. However, the court 6. No Grave Abuse of found no factual basis for Discretion: The court found this claim. The petitioner had no grave abuse of discretion the opportunity to intervene by the trial court in ordering and present its claim of the confiscation of the F/V ownership but failed to do so Sea Lion. The trial court at the earliest opportunity. acted within its jurisdiction 4. Application of Article 45 of and authority, and the the Revised Penal Code: petitioner’s failure to present The petitioner argued that evidence of ownership and under Article 45 of the comply with procedural Revised Penal Code, the requirements justified the vessel should not be confiscation. confiscated as it was owned by a third party not liable for In conclusion, the Supreme Court the offense. However, the denied the petition, affirming the court held that Article 45 decisions of the lower courts, and does not apply to violations of upheld the confiscation of the F/V special laws like Republic Act Sea Lion by the government. No. 8550. Even if it did apply, the petitioner failed to b. Leynes vs. People (G.R. No. present evidence to prove 224804; September 21, 2016) ownership and non-liability for the offense. Ruling: 5. Forfeiture Under Republic Act No. 8550: The court 1. Conviction for Conversion of Mangroves: The Supreme affirmed that under Republic Court affirmed the conviction Act No. 8550, the vessel used of Efren R. Leynes for converting a mangrove forest in the commission of the into a fishpond without crime is subject to forfeiture authorization, as punishable under Section 94 of Republic MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 9  Act No. 8550 (Philippine and introduction of Fisheries Code of 1998). improvements in a mangrove forest area. Leynes was sentenced to imprisonment of six (6) years and The Court emphasized that the one (1) day as minimum, up to issuance of a tax declaration for twelve (12) years as maximum, and land not classified as alienable and fined Eighty Thousand Pesos disposable is a criminal act under (P80,000.00). Section 75 of P.D. No. 705. 2. Elements of the Offense: 5. Certificate of The Court identified the Non-Coverage: Leynes also elements of the offense: invoked a Certificate of Non-Coverage issued in his (1) the site of the fishpond is name. The Court held that a mangrove forest; this certificate does not exempt him from compliance (2) there was a conversion of with applicable the mangrove area into a environmental laws, rules, fishpond; and and regulations, including the permitting requirements (3) the appellant made the of other government conversion. agencies. The presence of the first and third Only a fishpond lease agreement elements was undisputed. The pursuant to Section 45 of R.A. 8550 Court found that Leynes' actions of could exempt him from prosecution cutting mangrove trees, under Section 94 of the same law, constructing a dike, installing an which Leynes did not have. outlet (prinsa), and excavating in the mangrove forest constituted 6. Judicial Admission: The conversion. Court considered Leynes' Letter of Appeal, where he 3. Defense of Rehabilitation admitted to the destruction of and Improvement: Leynes the mangrove area, as a argued that his actions were judicial admission. This for the rehabilitation and admission was deemed improvement of the mangrove conclusive against him, as it forest, not conversion. The was not shown to be made Court rejected this argument, through palpable mistake. stating that his actions 7. Definition of Mangroves: altered the natural structure The Court clarified that and form of the mangrove mangrove forests include a forest, which constitutes community of intertidal conversion under the law. plants, not just typical 4. Good Faith and Tax mangrove trees. Cutting any Declaration: Leynes claimed tree in the mangrove forest, good faith and presented a regardless of its species, tax declaration issued in his constitutes conversion. grandfather's name. The Court ruled that the issuance The Supreme Court's decision of a tax declaration does not emphasized the importance of justify continued possession compliance with environmental laws MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 10 and regulations, and upheld the PHILIPPINE CLEAN AIR ACT lower court's ruling in its entirety. (Republic Act No. 8749) A. Coverage of the Clean Air Act B. Polluters Pay principle (Section 2) — “The State also recognizes the principle that "polluters must pay". means that the polluter, who has directly or indirectly damaged the environment or created conditions that led to environmental damage, should bear the cost of carrying out measures decided by public authorities to ensure the environment is returned to an acceptable state after a pollution incident. Simply stated, the Polluter Pays Principle implies that the costs associated with pollution are to be paid by polluters, not by government or society. C. Greenhouse Gases “Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like; D. Air Quality ControlTechniques “Section 11. Air Quality Control Techniques. - Simultaneous with the MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 11 issuance of the guideline values and The issuance of air quality guideline standards, the Department, through values, standards and information on the research and development air quality control techniques shall be program contained in this Act and made available to the general public: upon consultation with appropriate Provided, That the issuance of advisory committees, government information on air quality control agencies and LGUs, shall issue, and techniques shall not be construed as from time to time, revise information requiring the purchase of certain on air pollution control techniques. pollution control devices by the Such information shall include: public. (a) Best available technology and E. “Ambient Air Quality” alternative methods of prevention, Ambient air quality" means the general management and control of air amount of pollution present in a pollution; broad area; and refers to the atmosphere's average purity as (b) Best available technology distinguished from discharge economically achievable which shall measurements taken at the source of refer to the technological pollution; basis/standards for emission limits applicable to existing, direct industrial F. “Ambient Air Quality emitters of nonconventional and toxic Standard” pollutants; and means the concentration of an air (c) Alternative fuels, processes and pollutant which, in order to protect operating methods which will result in public health and/or public welfare, the eliminator or significant reduction shall not be exceeded in the breathing of emissions. zone, at any time. Standards are enforceable and must be complied (Alternative fuels- water, solar panels, …) with by the owner or person in-charge Such information may also include of an industrial operation, process or data relating to the cost of installation trade and operation, energy requirements, emission reduction benefits, and G. “Non-Attainment Areas” environmental impact or the emission “Section 10. Management of control technology. Non-attainment Areas. - The Department shall designate areas MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 12 where specific pollutants have already Section 9. Airsheds. - Pursuant to exceeded ambient standards as Sec. 8 of this Act, the designation of non-attainment areas. The airsheds shall be on the basis of, but Department shall prepare and not limited to, areas with similar implement a program that will climate, meteorology and topology prohibit new sources of exceeded air which affect the interchange and pollutant without a corresponding diffusion of pollutants in the reduction in existing resources. atmosphere, or areas which share common interest or face similar In coordination with other appropriate development programs, prospects or government agencies, the LGUs shall problems. prepare and implement a program and other measures including For a more effective air quality relocation, whenever necessary, to management, a system of planning protect the health and welfare of and coordination shall be established residents in the area. and a common action plan shall be formulated for each airshed. For those designated as nonattainment areas, the To effectively carry out the formulated Department, after consultation with action plans, a Governing Board is local government authorities, non hereby created, hereinafter referred to government organizations (NGOs), as the Board. people’s organizations (POs) and concerned sectors may revise the The Board shall be headed by the designation of such areas and expand Secretary of the Department of its coverage to cover larger areas Environment and Natural Resources depending on the condition of the as chairman. The members shall be areas. as follows: H. “Airsheds” a) Provincial Governors from areas refers to areas with common weather belonging to the airshed; or meteorological conditions and b) City/Municipal Mayors from areas sources of air pollution which affect belonging to the airshed; the interchange and diffusion of pollution in the surrounding c) A representative from each atmosphere. concerned government agency; MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 13 d) Representatives from people’s sound from a known source which is organizations; passed into the atmosphere; e) Representatives from non- J. Pollution from Motor Vehicles government organizations; and Section 21. Pollution from Motor f) Representatives from the private Vehicles. - sector. a) The DOTC shall implement the emission standards for motor vehicles The Board shall perform the following set pursuant to and as provided in functions: this Act. To further improve the emission standards, the Department a) Formulation of policies; shall review, revise and publish the b) Preparation of a common action standards every two (2) years, or as plan; the need arises. It shall consider the maximum limits for all major c) Coordination of functions among its pollutants to ensure substantial members; and improvement in air quality for the d) Submission and publication of an health, safety and welfare of the annual Air Quality Status Report for general public. each airshed. K. Certificate of Emission Upon consultation with appropriate Compliance local government authorities, the refers to a certificate issued by the Department shall, from time to time, DOTC or its authorized emission revise the designation of airsheds testing center(s) for a vehicle utilizing eco-profiling techniques and apprehended during roadside undertaking scientific studies. inspection, certifying that the particular vehicle meets the emission Emissions trading may be allowed requirements of these Implementing among pollution sources within an Rules and Regulations, and which airshed. shall have no validity period. L. Ban on Incineration I. “Emission” Section 20. Ban on Incineration. - Emission" means any air contaminant, Incineration, hereby defined as the pollutant, gas stream or unwanted burning of municipal, biomedical and MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 14 hazardous waste, which process emits poisonous and toxic fumes is hereby Cases: prohibited; Provided, however, That a. Henares vs. LTFRB (G.R. No. the prohibition shall not apply to 158290; October 23, 2006) traditional small-scale method of community/neighborhood sanitation Ruling: "siga", traditional, agricultural, 1. Legal Personality of cultural, health, and food preparation Petitioners: The court recognized that the and crematoria; Provided, Further, petitioners have the legal That existing incinerators dealing with standing to bring the petition before the court. The court a biomedical wastes shall be out emphasized the importance within three (3) years after the of the issue, which concerns the fundamental right to effectivity of this Act; Provided, clean air, and noted that the Finally, that in the interim, such units petitioners' standing is justified due to the public shall be limited to the burning of interest and the potential pathological and infectious wastes, impact on their well-being. 2. Issuance of Writ of and subject to close monitoring by the Mandamus: The court ruled Department. that a writ of mandamus should not be issued against Local government units are hereby the respondents (LTFRB and DOTC) to compel public mandated to promote, encourage and utility vehicles (PUVs) to use implement in their respective compressed natural gas (CNG) as an alternative fuel. jurisdiction a comprehensive The court explained that ecological waste management that mandamus is not the proper remedy because: includes waste segregation, recycling (1) There is no specific law that and composting. mandates the respondents to require the use of CNG. With due concern on the effects of (2) The Clean Air Act (Republic Act climate change, the Department shall No. 8749) does not prohibit the use promote the use of state-of-the-art, of gasoline and diesel nor does it mention CNG as an alternative fuel. environmentally-sound and safe non-burn technologies for the (3) The responsibility to set fuel specifications and implement handling, treatment, thermal emission standards lies with the destruction, utilization, and disposal Department of Environment and Natural Resources (DENR) and the of sorted, unrecycled, uncomposted, Department of Energy (DOE), not biomedical and hazardous wastes. the LTFRB or DOTC. MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 15 (4) Executive Order No. 290, which held that the contract was perfected promotes the use of CNG, upon the meeting of minds between designates the DOE as the lead the parties, as evidenced by the agency and tasks the DOTC to signing and execution of the develop an implementation plan for contract by authorized the gradual shift to CNG, but it does representatives. The essential not impose a mandatory duty on the elements of the contract were respondents to require PUVs to use agreed upon, thus giving rise to its CNG. perfection. 3. Role of the Legislature: The President's Signature: The absence court highlighted that the of the President's signature did not responsibility to enact a affect the perfection of the contract. mandate for the use of CNG The contract stipulated that the as an alternative fuel lies President's signature was necessary with the legislature. The only for its effectivity, not for its court cannot preempt perfection. legislative action by issuing a writ of mandamus in this Conditions Precedent: The case. conditions precedent specified in 4. Conclusion: The petition for the contract were to be complied the issuance of a writ of with within two months from the mandamus was dismissed for execution of the contract as an lack of merit. The court effective document. Since the emphasized the need for President had not yet signed the legislative action to address contract, it had not become an the complex environmental effective document, and thus the issues raised by the period for compliance had not yet petitioners. started to run. The court's decision underscores Notice of Award: Although the the importance of legislative notice of award did not fully comply measures in addressing with the requirements, this defect environmental concerns and the was cured by the subsequent limitations of judicial remedies in execution of the contract. The compelling specific actions by government representatives' actions government agencies. led JANCOM to believe that the notice of award was valid, and the government was estopped from assailing its validity. b. MMDA vs. JANCOM (G.R. No. 147465; January 30, 2002) 2. Procedural Issues: Certiorari vs. Appeal: The Court ruled that the MMDA should have appealed the trial court's decision instead of filing a petition for Ruling: certiorari. The trial court's decision was a final order, and the proper 1. Validity and Binding Nature remedy was an appeal. The MMDA's of the Contract: failure to appeal within the reglementary period made the trial Perfection of Contract: The Court MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 16 court's decision final and executory. contract, while perfected, was still ineffective or unimplementable until Motion for Reconsideration: The approved by the President. MMDA did not file a motion for reconsideration of the RTC decision before resorting to certiorari. The Court emphasized that certiorari will not lie unless a motion for reconsideration is first filed to allow the lower court an opportunity to correct its errors. 3. Substantive Issues: Clean Air Act: The Court found that the Clean Air Act did not absolutely prohibit incineration as a mode of waste disposal; it only banned burning processes that emit poisonous and toxic fumes. Closure of San Mateo Landfill: The contract provided that if the project site was not delivered, an alternative site acceptable to JANCOM would be provided. Tipping Fees: The Court held that the alleged financial non-viability of the project due to costly tipping fees could not abrogate the entire agreement. The terms and conditions of the contract were arrived at after due negotiations between the parties. 4. Estoppel: The Court noted that the government representatives' actions led JANCOM to believe that the notice of award was valid, and the government was estopped from assailing its validity. In conclusion, the Supreme Court dismissed the petition for lack of merit and affirmed the decision of the Court of Appeals, declaring the existence of a valid and perfected contract between the Republic of the Philippines and JANCOM. The MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 17