NatRes and Environmental Law PDF
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Uploaded by LucrativeJasper5489
University of the Philippines
2024
Atty. Baculi
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Summary
This document discusses national sewage and septage management, water quality management, and prohibited acts in the Philippines. It covers topics such as guidelines for sewage collection, treatment, and disposal, and the role of local government units in water quality protection. The document also highlights the importance of water quality management and pollution control.
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he DOH will formulate guidelines & standards for the collection, T...
he DOH will formulate guidelines & standards for the collection, T Finals Coverage treatment & disposal of sewage as well as the guidelines for the establishment & operation of centralized sewage treatment system. Clean Water Act Domestic Sewage Collection, Treatment and Disposal In Metro Manila and highly-urbanized cities (HUCs), existing sewage hall apply towaterqualitymanagementinallwaterbodies,primarilyapplyto S linesfoundinallsubdivisions,condominiums,commercialcentersand the abatement and control of pollution from land-based sources otherestablishmentsshallberequiredtobeconnectedtotheavailable preservethecountry'swaterresourcesbyregulatingthedischargeofpollutants sewerage system by appropriate agencies into bodies of water. In areas not HUCs, the DPWH in coordination with the Department, seekstopromotesustainabledevelopmentbyensuringthatthecountry'swater DOH & other concerned agencies, shallemployseptageorcombined resources are used in a manner that will not harm the environment. sewerage-septage management system. Public Trust Doctrine DOH shall formulate guidelines and standardsforcollecting,treating, InMayniladvsSecofEnvironmentandNaturalResources,thisdoctrine disposing of sewage and establish such treatment systems aims to put additional strain upon the duty of the water industry to Wastewater charges comply with the laws and regulations of the land Shall be colleected from all management areasincludingtheLaguna Fillsthevoidofthe3otherdoctrinesbecauseitentruststhemanaging Lake Region and Regional Industrial Centers of the country’s natural resources for the benefit of the future ○ Provide strong economic inducement forpolluterstomodify generation their production or management processes or to invest in The public is regarded asthebeneficialowneroftrustresourcesand pollutioncontroltechnologyinordertoreducetheamountof courtcanenforcetopublictrustdoctrineevenagainstthegovernment water pollutants generated; itself. ○ To cover the cost of administering water quality management or Water Quality Management Areas improvement programs; Management of water qualitywilleitherbebasedonwatershed,river ○ Reflect damages caused by water pollution basin or water resources region. Discharge Permits Water quality management areas with similar hydrological, the Department shall require owners or operators of facilities that discharge hydrogeological,meteorological,ogeographicconditionswhichaffect regulated effluents pursuant to this Act to secure a permit to discharge. the reaction & diffusion of pollutants ThedischargepermitshallbethelegalauthorizationgrantedbytheDepartment Areas designated by DENRusingappropriatephysiographicunitsand to discharge wastewater maintaining their water within the Water Quality Guidelines ○ Owners and operators of facilities that discharge regulated effluents Non-attainment areas shall be required by the government to secure permits Where specific pollutants whether natural or manmade have already ○ Quality and quantity of the effluent that the facilities are allowed to exceeded the water quality guidelines for those bodies of water discharge are specified Aimstopreventnewsourcesofwaterpollutantswithoutreducingthe Clean-up Operations exceeding pollutants from current sources Anyone who causes pollution in or pollutes water bodies in excess of the applicableandprevailingstandardsshallberesponsibletocontain,removeand National Sewarage and Septage Management Program clean-up anypollutionincidentathisownexpensetotheextentthatthesame The DPWH, incoordinationwithlocalgovernmentunitswillpreparea water bodies have been rendered unfit for utilization and beneficial use nationalprogramonsewage&septagemanagementnotlaterthan12 Remove pollutants dischargedorspilledintoawaterbodyanditssurrounding months from effectivity of this Act. A priority list will likewise be areas prepared which will be the basis for the allotment of funds on an Restoretheaffectedareastotheirformerphysical,chemical,orbiologicalstate annual basis by the national government for the construction & or condition rehabilitation of required facilities. Role of the Local Government Units SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 25 oordinate with other government agencies & civil society & the concerned c Anycaseswhichconstitutedangertohumanlifeorpropertyorarealthreatto sectors in the v esses;, aircraft, platforms etc implementation of measures to prevent & control water pollution If dumping appears to be the only way of averting the threat and if there is Monitoring of water quality probability that the damage consequent will be less than would otherwise occur Compliance with the framework of the Water Quality Management Action Plan Emergency response Wildlife Act take active participation in all efforts concerning water quality protection & rehabilitation To conserve the country’s wildlife resources and their habitats from Prohibited Acts ustainability s Pollution of water body - discharging, depositing or causing to be deposited ○ Regulate thecollectionandtradeofwildlife;conserveandprotectthe material of any kind directly or indirectly into the water bodies or along the wildlife species and their habitats topromoteecologicalbalanceand margins of any surface water enhance biological diversity GroundwaterPollution-Discharging,injectingorallowingtoseepintothesoilor ○ Initiate or support scientific studies ontheconservationofbiological subsoil anysubstanceinanyformthatwouldpollutegroundwater.Inthecase diversity of geothermal projects,&subjecttotheapprovaloftheDepartment,regulated Scope:allwildlifespeciesfoundinthecountryandunderNIPAS;exoticspecies discharge for short-term activities (e.g. well testing, flushing, commissioning, which are subject to trade, are cultured and maintained etc venting Jurisdiction Facility discharge without permit-Operatingfacilitiesthatdischargeregulated Department of Environment and Natural resources (DENR) shall have the water pollutants without the valid required permits jurisdiction over all terrestrial plant & animal species, allturtles,tortoisesand Disposal of potentially infectious medical waste into sea water by vessels wetland species including crocodiles, waterbirds and all amphibians (unlessthehealthorsafetyofindividualsonboardthevesselisthreatenedbya DepartmentofAgriculture:overallaquaticcriticalhabitats,allaquaticresources great & imminent peril. includingbutnotlimitedtoallfishes,aquaticplants,invertebratesandallmarine Unauthorized transport or dumping into sea waters of sewagesludge or solid mammals (except dugong) waste as defined under RA. 9003. Palawan Council for Sustainable Development: jurisdiction over Province of Chemical Dumping - Transport, dumping ordischargeofprohibitedchemicals, Palawan substances or pollutants listed under RA. 6969. ○ Laguna Lake Development Authority has jurisdiction sa animals sa Illegal Facility - operate facilities that discharge or allow to seep, willfully or laguna lake throughglossnegligence,prohibitedchemicals,substancesorpollutantslisted Defintion of Terms under RA no. 6969, into water bodies ❖ Criticallyendangeredspecies–referstoaspeciesorsubspeciesthatisfacing Illegal Discharge - Discharging regulated water pollutants without the valid extremely high risk of extinction in the wild in the immediate future. required discharge permit pursuant to this Act or ❖ Endangered species – refers to species or subspecies that is not critically Non-compliance of the LGU with the water Quality Framework and endangered but whose survival in the wild is unlikely if the causal factors Managaement Area Action Plan continue operating. Fines, Damages and Penalties ❖ Endemicspecies–species/subspeciesnaturallyoccuringandfoundonlywithin Any vessel from which oil or other harmful substances are discharged in specific areas in the country violation of Section 4of PD 979 shall be liable for: ❖ Exotic species –meansspeciesorsubspecieswhichdonotnaturallyoccurin ○ Penalty the country. ○ Clearancemaybewithhelduntilthefineispaidandsuchpenaltyshall ❖ Vulnerable species – refers to species or subspecies that is not critically constitute a lien on such vessel which mya be recovered endangerednorendangeredbutisunderthreatfromadversefactorsthroughout ○ The owner or operator will be liable to pay for any clean-up costs their range & is likely to move to the endangered category in the near future. Exceptions (Section 4 of PD 979) ❖ Gratuitous Permit – permit issued to any individual or entity engaged in Cases of emergency, imperiling life or property noncommercial scientific, or education undertaking to collect wildlife Unavoidable accident, collision or stranding Collection of Wildlife Activities involving wildlife require authorization from the Secretary SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 26 ay be allowed as long as the collection of wildlife follows the appropriate M ○ Iftheapplicantisaforeignentityorindividual,alocalinstitutionshould collectiontechniqueswithleastorNOdetrimentaleffectstotheexistingwildlife beactivelyinvolvedintheresearch,collectionand,wheneverapplicable populations and appropriate in the technological development ○ Thatthecollectionofwildlifebyindigenouspeoplemaybeallowedfor Scientific Research on Wildlife traditional use and not primarily for trade Collection and utilization of biological resources for scientific resources for ○ Shall not cover threatened species scientific research shall be allowed through a gratuitous permit from the Collection of Threatened Wildlife, by-products and derivatives Sectetary Shall beallowedonlyforscientificorbreedingorpropagationpurposes&only Biosafety the accredited individuals, business,research,educationalorscientificentities All activities dealing on genetic engineering and pathogenic organisms inthe shall be allowed to collect for conservation breeding or propagation purposes. Philippines, as well as activities requiring the importation, introduction, field ○ "By-product or derivatives" – any part taken or substance extracted release andbreedingoforganismsthatarepotentiallyharmfultomanandthe from wildlife, in raw or in processed form. This includes stuffed environment: animals and herbarium specimens; ○ shallbereviewedinaccordancewiththebiosafetyguidelinesensuring Possession of Wildlife publicwelfareandtheprotectionandconservationofwildlifeandtheir No person or entity shall possess wildlife without proving their financial and habitats. technical capability Commercial Breeding or Propagation of Wildlife Resources Local Transport of wildlife, by-products or derivatives Shall be allowed by the Secretarty where they issue a wildlife farm culture permit ShallbeauthorizeUNLESSthesameisprejudicialtothewildlifeandthepublic ○ Only the progenies of wildlife raised as well as unproductive parent health stock shall be utilized for trade ○ Di pwede if delikado sa tao or sa health ng tao or the animal ○ Commercial breeding operationsshallbesubjecttoanenvironmental Exportation or Importation of Wildlife impact study ThismaybeallowedprovidedthattheSecretaryordesignatedrepresentatives Registration authorized it and the recipient is financially capable Nopersonorentitymaypossesswildlifewithoutprovingfinancialandtechnical Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - capability shallbeallowedonlyforpopulationenhancementofrecoverypurposessubject ○ When the threatened species is needed for breeding/propagation or to prior clearance from the Secretary research purposes, the State may acquire the wildlife through a Any proposed introduction shall be subject to a scientific study which shall mutually acceptable arrangement. focus on the bioecology. Illegal Acts ○ Theproponentshallalsoconductpublicconsultationswithconcerned It shall be unlawful for any person to willfully & knowingly exploit wildliferesources& individuals or entities. their habitats, or undertake the ff acts: Introduction of Exotic Wildlife. killing & destroying wildlife species, except in the ff instances: Noexoticspeciesshallbeintroducedintothecountry,unlessaclearancefrom ○ Done for religious rituals of established tribal groups or ICCs the Secretary or the authorized representative is first obtained. ○ Wildlife is afflicted of communicable disease In cases where introduction is allowed, it shall be subject to environmental ○ when it is deemed necessarytoputanendtothemiserysufferedby impact study which shall focus onthebioecology,socioeconomicandrelated the wildlife; aspects of the area where the species will be introduced. ○ when it is done to prevent an imminent danger to the life Bioprospecting ○ when the wildlife is killed or destroyed after it has been used in Means the research, collection and utilization of biological and genetic authorized research or experiments; resources for purposes of applying the knowledge derived Inflicting injury which cripples or impairs the reproductive system of wildlife REQUIREMENTS: its compliance with andcommitment(s)toreasonableterms species and conditions that may be imposed by theSecretarywhicharenecessaryto ○ Important to procreate protect biological diversity. Effecting any fo the following acts in the critical habitats ○ Disclose fully the intent and scope of the activity ○ Dumping waste products, burning, logging, quarrying, trading, etc. SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 27 hall be responsible for the protection, development, regeneration and S Revised Forestry Code reforestation of forest lands ○ Regulation and supervision of the operation of licenses, lessees and nly 7.2 million hectares left of our forest. There was a 7.6% decrease from the O permittees, etc years 2000-2022 Classification 1. Multiple use of forestland shall be oriented to the country’s development & The DENR Secretary shall study, devise, determine & prescribe the criteria, progress requirements, the advancement of science & technology & the public guidelines & methodsfor the proper & accurate classification & survey of all welfare lands of the public domain intoagricultural, industrialor commercial 2. Land classification & survey shall be systematized & accelerated residential, resettlement, mineral, timber or forest, etc. 3. The establishment of wood-processing plants shall be encouraged & Concept of Forest and Forest Lands rationalized ○ Forest – a large tract of land covered with a natural growth of trees and 4. The protection, development & rehabilitation of forestlands shall be emphasized underbush; a large wood so as to ensure continuity in production. ○ Forest land - anarea od land covered by forest Definition of Terms Public Forests or forest reserves are not capable of private appropriation Public Forest– – mass of lands of the public domainwhich has not been ○ Unless declassified and release by positive act of the government so subject to the present system of classification for the determination of which that they may form part of the disposable agricultural lands of the lands are needed for forest purposes & which are not. public domain Permanent Forest- also known as forest reserves;lands of the public domain Indigenous People’s Rights Act expressly converts ancestral lands into public which have been the subject of the present system of classification & declared agricultural land which may be disposed by the State as not needed for forest purposes. Topography– No land of the public domain eighteenper cent (18%) in slope or Alienable and Disposable Lands- lands of the publicdomain which have been over shall be classified as alienable and disposable, nor any forest land fifty per the subject of the present system of classification and declarednot needed for cent (50%) in slope or over, as grazing land. forest purposes ○ Landseighteenpercent(18%)inslopeoroverwhichhavealreadybeen Forest Reservations– lands which have been reservedby the President for any declared as alienable and disposable shall be reverted to the specific purpose/s classification offorestlandsbytheDepartmentHead,toformpartof Watershed Reservations– forest land reservation establishedto protect or the forest reserves improve the conditions of the water yield or reduce sedimentation ○ Unless covered by existing titles or approved public land application Grazing Land -portion of the public domain whichhas been set aside, in view of NOTE:Mangrove swamps or Manglares are within thepublic Forest lands of the PH the suitability of its topography & vegetation, for the raising of livestock. Reservations in Forest Lands and Off-shore Areas Kaingin -portion of the land that is subjected toshifting or permanent President may establish a forest reserve for the national park system for slash-and-burn cultivation having little or no provision to prevent soil erosion preservation as critical watersheds or for any other purpose and modify Jurisdiction boundaries Forest Management Bureau – provides technical guidance to the central & field DENR may reserve any portion of public forest or forest reserve as site of offices for the protection, development, & conservation of forest lands & experimental forest for the use of Forest Research Institute watersheds. They are also tasked with recommending policies & programs for Multiple Use of Forest Lands sustainable forest management, based on science & principles of good forest beneficial uses of the timber, land, soil, water, wildlife, recreation value and governance. grass of forest lands shall be evaluated and weighted before allowing the ○ Director should be a holder of a bachelor’s degree in forestry and a utilization, exploitation, occupation registered forester; at least 30 years of age ○ Only activities that minimize harm to other resources are allowed ○ All actions and decisions of the Director are subject to review, motu ○ Areas like watersheds, national parks, experimental forestsms wildlife propio or upon appeal of any person aggrieved thereby, by the refugees, marine parks areOFF LIMITS to commerciallogging, Department Head whose decision shall be final and executory after the grazing, hunting or fishing lapse of thirty (30) days from the aggrieved party Under control and supervision of the Secretary of the DENR SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 28 he Bureau, inthepreparationofmultiple-usemanagementplans,identifyand T Timber License Agreement providefortheprotectionofscenicareasinallforestlandswhicharepotentially Not a contract but a Privilege – do not create permanent rights or property valuableforrecreationandtourism,andplanforthedevelopmentandprotection interests; they are subject to the State’s control to ensure environmental of such areas to attract visitors protection and public welfare Diffusion of Benefits Government can revoke or modify the timber licenses In the evaluation of applications ofcorporations,increasedFilipinoequityand No person may utilize, exploit, occupy, possess or conductanyactivitywithin participation beyond the 60% constitutional limitationshallbeencouraged.All anyforestland,orestablishandoperateanywood-processingplant,unlesshe other factors being equal, the applicant with more Filipino equity and has been authorized to do so under a license agreement, lease, license, or participation shall be preferred. permit. Duration of Timber Harvesting License Criminal Offenses The privilege shall automatically terminate, even before the expiration of the Cutting, gathering, collecting and removing timber or forest products from any license agreement of license, the moment the harvestable timber have been forest land or alienable or disposabl land utilized without leaving any logged-over area capable of commercial utilization. POssession of timber or other forest products without the legal documents required hemaximumperiodofanyprivilegetoharvesttimberistwenty-five(25)years, T renewableforaperiod,notexceedingtwenty-five(25)years,necessarytoutilize all the remaining commercial quantity or harvestable timber either from the Mining Act unlogged or logged-over area. Control of Concession Areas ll mineral resources in public and private lands within the territory and A ForestLandsareprotectedfromillegalentry,unlawfuloccupation,fires,kaingin, exclusive economic zone of the Philippines are owned by the State theft etc. ○ Responsibility of the State to promote their rational exploration, ○ Timber harvesting is allowed only through licesnse agreements with development, utilization and conservation through the combined exclusive rights and conservation duties for license holders efforts of government and the private sector in order to enhance ○ If the holder of a license agreement over a forest area expressly or national growth impliedly waives the privilege to utilize any softwood, hardwood or Definition of Terms mangrove species therein,alicensemaybeissuedtoanotherperson Ancestral Lands– Refers to all lands exclusivelyand actually possessed, for the harvest occupied or utilized by indigenous cultural communities Protection of Mangroves Co-production agreement -means an agreement enteredinto between the Mangrove forests crucial for coastal protect cannot be sold or cleared Government and one or more contractors in accordance with Section 26(b) ○ Unusedorabandonedswampsdesignatedforfisheriesrevertbackto ○ Agreement wherein the Government shall provide inputs to mining forest land after 5 year operations other than mineral resource Pasture in forest lands Environmental Compliance Certificate –refers to thedocument issued by the Noforestland50%inslopeorovermaybeutilizedforpasturepurposes.Forest government agency concerned certifying that the project under consideration lands which are being utilized for pasture shall be maintained with sufficient will not bring about an unacceptable environmental impact and that the grass cover to protect soil, water and other forest resources. proponent has complied with the requirements of the environmental impact ○ Ifgrasscoverisinsufficient,thesameshallbesupplementedwithtrees statement system. or such vegetative cover as may be deemed necessary. Environmental impact statement (EIS) – aims to identify,predict, interpret, Wildlife and communicate information regarding changes in environmental quality Wildlifecanbekilledordisposedwithoutapermittoprotectlife,health,safety associated with a proposed project and which examines the range of and propery alternatives for the objectives of the proposal and their impact on the The director has the authority to regulate the killing environment Recreation Minerals– all naturally occurring inorganic substancein solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermalenergy. SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 29 re - means a naturally occurring substance or material from which a mineral O TAA holder is granted the exclusive right to explore, mine, utilize, process, F or element can be mined and or processed for profit refine, market, transport, export & dispose of minerals & mineral products & by-products that may be derived or produced from the FTAA area, ualified Person– any capacitated Ph citizen, corporation,organization, Q Quarry Permit partnership, duly registered and at least 60% Filipino-owned granted to a qualified person for the extraction & utilization of quarry Quary -extracting, removing, and disposing quarryresources found unferneat resources on public or private lands. the surface of private or public land Any qualified person may apply tot the provincial or city regulatory board Quarry Permit -means a document granted for the personfor the extraction MAXIMUM AREA: 5 hectares at a time and utilization of quarry resources on public/private lands ○ Provided that in large scale quarry operations, a qualified person adn Mineral Reservations the government may enter into a mineral agreement All submerged lands within the contiguous zone and in the EEZ of the ○ A quarry permit shall have atermoffive(5)years,renewableforlike Philippines are hereby declared to be mineral reservations periods but not to exceed a total term of twenty-five (25) years. No When there is a need to preserve strategic raw materials for industries critical quarry permit shall be issued or granted on any area covered by a to national development, or certain minerals for scientific, cultural or mineral agreement or financial or technical assistance agreement. ecological value, the President may establish mineral reservations upon the Guano Permit recommendation of the Director through the Secretary Any qualified person may be granted a guano permit by the provincial Governing Authorities governor to extract & utilize loose unconsolidated guano & other organic Mines and Geosciences Bureau is a line bureau responsible for the fertilizer materials in any portion of a municipality where he has established implementation of RA 7942 domicile. The permit shall be for specific caves &/or for confined sites with But DENR is the primary agency which governs the conservation, locationsverified by the Department's field officer management and development of the country’s mineral resources Credited Activities Areas Closed to Mining Operations Enhances the development of the mining, neighboring communities of a Old growth or virgin forests, proclaimed watershed forest reserves, wilderness mining operation other than those required or provided under existing laws or areas, mangrove forests, mossy forests, national parks, etc collective bargaining agreements Military and other government reservations Towards the development of geosciences and mining technology such as Areas covered by mining rights institutional and manpower development and basic applied researches Areas covered by small-scale miners Donations Mineral Agreements When there is abandonment of the operations in public lands Mineral Production Sharing agreement – where the government grants to the The contractor has 1 year to remove their improvements, all the social contractor the exclusive right to conduct mining operations within the infrastructurem all the social infrastructure and facilities are turned over or contract area and shares the gross output donated tax-free to the proper government authorities ○ Shall provide the financing, technology, management and personnel Employment of Filipinos necessary The contractor, however, shall not be hindered from hiring employees of his Co-production agreement – agreement between the government and the own selection, subject to the provisions of Commonwealth Act No. 613 contractor where the Government shall provide inputs to the mining highly-specialized training or long experience in exploration, development or operations other than the mineral resource utilization of mineral resources: Provided, That in no case shall each Joint Venture Agreement – where a joint-venture company is organized by the employment exceed five (5) years or the payback period as represented in Government and the contractor with both parties having equity shares. original project study ○ Government shall be entitle to a share with the gross output Foreigner Managerial Position ○ Present evidence of his qualification and work experience; or FInancial or Technical Assistance Agreement ○ Shall pass the appropriate government licensure examination; a contract involving financial or technical assistance for large-scale ○ Inspecialcases,maybepermittedtoworkbytheDirectorforaperiod exploration, development, & utilization of mineral resources. not exceeding one (1) year: Mine Labor SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 30 o person under sixteen (16) years of ageshallbeemployedinanyphaseof N Right to Possess Explosives mining operations and no person under eighteen (18) years of age shall be A contractor/exploration permittee shall have the right to possess and use employed underground in a mine. explosives within his contract/permit area as may be necessary for his mining Mine Supervision operations upon approval of application with the appropriate government All mining and quarrying operations that employ more than 50 workers shall agency have at least 1licensedminingengineerwithatleast5yearsofexperiencein ○ the Government reserves the right to regulate and control the mining operations and 1 registered foreman explosive accessories to ensure safe mining operations Power to Issue Orders Grounds for Cancellation, Revocation and termination Mines Regional Director in coordination with the Environmental Management Late or non-diling of requirements Bureau Violation of the terms and conditions of permits or agreements Requires the contractor to remedy any practice connected with mining or Non-payment of taxes and fees quarrying operations which is not inaccordancewithsafetyandanti-pollution Suspendsion or cancellation of tar incentives and credits laws and regulations Falsehood or omission in the statement Imminentdanger=MinesRegionalDirectormaysuspendoperationoruntilthe Penal Provisions danger is removed or remedies the contractor False statements; illegal exploration; theft of minerals; destruction of mining Report of Accidents structures; mines arson; illegal obstruction etc Incaseofanyincidentoraccident,causingorcreatingthedangeroflossoflife orseriousphysicalinjuries,thepersoninchargeofoperationsshallimmediately report the same to the regional office where the operations are situated. Rules of Procedure in Environmental Cases ○ Failure to report the same withoutjustifiablereasonshallbeacause for the imposition of administrative sanctions prescribed intherules ule 2 R and regulations implementing this Act. Section 1: Pleadings and motions that are allowed and may be filed are complaint, Environmental Impact Assessment answer, compulsory counterclaim and cross-claim To get an ECC for mining operations, it must be based on EIA Complaint-allegingtheplaintiff’scauseofactionorcausesofaction; Itisaprocessforevaluationtodeterminethepotentialenvironmentaleffectsof statement of ultimate facts a project which includes ❖ The environmental court is mandated to prioritize the adjudication of ○ Consultations with the LGUs, NGOs and other stakeholders environmentalcases.Dissuadecraftlylitigantsfromavailingofthesepleadings ○ Ecological profile aof the proposed mining area just to delay the disposition of the case or prevent the final entry of judgment ○ Encouraged participation of the people and the NGOs Section3:VerifiedComplaintshallcontainthenamesoftheparties,theiraddresses,the Rehabilitation cause of action and reliefs prayed for Contractors and permittees shall technically and biologically rehabilitate the ❖ All evidence proving or supporting the cause of action consisting of the excavated, mined-out, tailings covered and disturbed areas to the condition of affidavits of witnesses, documentary evidence and if possible object evidence environmental safety Shall it is an environmental and shall include a certification against MandatoryMINE REHABILITATION FUND forum shopping ○ Used for physical and social rehabilitation of areas and communities Section 4: Who may File affected by mining as well as research for rehabilitation strategies ❖ Arealpartyininterestincludingthegovernmentandjuridicalentitiesauthorized Auxilary Rights by law, may file a civil action involving the enforcement or violation of any Timber RIghts environmental law Contractor may be granted to cut trees or timber within his mining area ❖ It is one who stands to be benefited by the judgment of the suitortheparty If the mining areas is under a timber concession entitledtotheavailsofthesuit.Theactionmustbebroughbythepersonwho ○ The Regional Mines Director will decide the method of removal and by substantive law, possesses the right sought to be enforced amount of timber to be cut in consultation with concerned Government and juridical entities which may be authorized bylawto authorities file a civil action involving the enforcement or violation of any Must also carry out reforestation activities environmental law SamBu | NatRes and Environment Law | Atty. Baculi 2024-2025 31 A filipino citizen or analiencanfileasuitsolongastheyareableto ule 3 R show direct and personal injury Section 1: Notice of Pre-trial Apersonwhosuffersdamageorinjuryarisingfromanenvironmental ❖ Pre-trialisamandatoryconferenceandpersonalconfrontationbeforethejudge prejudice which is also the same subject of a citizen suit between the parties litigant and their respective counsel for the purpose of Section 5: Citizen Suit settling the litigation as soon as possible or simplifyin ght eissues without ❖ Any filipino citizen inrepresentationofothers,includingminorsorgenerations sacrificing necessary demands of justice yet unborn, may file an action to enforce rights or obligations under ❖ Branchclerkofcourtshallissueanoticeofpre-trialtobeheldnotlaterthanone environmental laws month Liberalizes the requirements for standing for all cases for the Canscheduleapre-trialandsetasmanypre-trialconferencesasmay enforcement of environmental laws and based on the principle that be necessary humans are stewards of nature ❖ To simplify, if not fully dispose of, the case at its early stage May be filed for all types of environmental cases but people’s Directly address and discuss with sincerity in entire good faith organizations, NGOs, etc is required to show proof of their juridical Reasonably necessary to facilitate and shorten the formal trial personality Section 2: Pre-trial brief ❖ Eveninanimate(animals,rivers,etc.)objectshavealegalpersonalitysolongas ❖ At least 3 days before the pre-trisl brief, the parties shall submit it containing: it is represented by Stewards or individuals Statement of their willingness to enter into an amicable settlement ❖ The reliefs include the protection, preservation or rehabilitation of the indicating the desired terms or submit the case to any alternative environment,submissionofaprogramfortherehabilitationorrestorationofthe modes of dispute resolution environment and the payment of costs by the violator Summary of admitted facts Section 7: Issuance of Temporary Environmental Protection Order (TEPO) Legalandfactualissuestobetriedandresolved(stateallevidenceto ❖ If it appears from the verified complaint with a prayer for the issuance ofan support the positions) Environmental Protection Order that the matter isofextremeurgencyandthe Documents or exhibits to bepresentedincludingdepositions,answer applicant will suffer grave injustive and irreparable injury to interrogatories, etc. The presiding judge may issue ex parte a TEPO effectie for only 72 ❖ Judge shall exertbesteffortstopersuadethepartiestoarriveasettlementof hours from the date of receipt the dispute; to agree upon some fair compromise ❖ Environmental Protection Order(EPO)isanorderissuedbythecourtdirecting ❖ Failure to file pre-trial brief will institute a show cause order seeking an orenjoininganygovernmentagencytoperformordesistfromperforminganact explanation why either or both parties did not appeal in order to protect, preserve and rehabilitate the environment This is tocompelthepartiestoappearpersonallybeforethecourtto Similar function as prohibitory or mandatory injunction reach, if possible, a compromise ❖ A remedy available for both civi and criminal environmental cases Section 4: Preliminary conference Available under the writ of kalikasan and continuing mandamus as ❖ If mediation fails, the court will schedule the continuance of pre-trial means of expediting theproceedingsandpreservingtherightsofthe Toassistpartiesinreachingasettlement;toascertainfromtheparties parties the undisputed facts and admissions; require production of documents ❖ TEPOexparteisanexceptiontothegeneralrequirementofdueprocesswhich Section 5: Consent Decree requires the other party to be heard ❖ Consentdecreeisamodeofsettlementbetweenconcernedpartieswhichgives 72 hoursonlybutmaybeextendedafterasummaryhearinguntilthe emphasis to the public interest aspect in environmental cases. Itencourages termination of the case thepartiestoexpeditetheresolutionoflitigationwhereintheyarriveatacertain Section 13: Service of Summons, orders and other court processes compromise with respect to the issues involved in the case. ❖ Shall be served on the defendant that they have 15 days to file an answer Rule 6 ❖ Summons by publication shall be allowed Section 1: Strategic Lawsuit against public participation (SLAPP) ❖ A legal action filed to harass, vex, exert undue pressure or stifle any legal
