Envi Law Reviewer

Environmental Law Reviewer |1

ENVIRONMENTAL LAWS: Notes/Reviewer 

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ENVIRONMENTAL LAW-has been defined as that set of legal rules addressed specifically to activities which potentially affect the quality of the environment, whether natural or man-made. It consists of international and national laws relating to the protection and enforcement of the environment and encompasses both “hard law” (i.e. international treaties and national legislations) and “soft law” (i.e. guidelines, standards, etc.). Its elements are derived from sectoral subject areas (e.g., air, marine and inland water, soil, energy, biological diversity) and functional tasks (e.g. environmental impact assessment, natural resources accounting, environmental auditing, etc.) [Craig, 2002). What is the difference between old natural resources law and the environmental law we have today? Old: Use-oriented/profit-oriented, no thoughts on what could happen, focuses on unlimited exploitation of resources. Present: Resource-oriented, basically aimed at long-term management and sustainable use of natural resources.

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SUSTAINABLE DEVELOPMENT (Tagalog: Likas-kayang pag-unlad) -often equated with ―development without destruction.‖ It is optimal development with minimal destruction. In short, “wise use” of the environment. By wise use is meant sustainable utilization for the benefit of mankind in a way compatible with the maintenance of the natural elements of the ecosystem. It is, in other words, a forward-looking development.

AJDM Notes 2014

CONSTITUTIONAL PROVISIONS ON ENVIRONMENTAL PROTECTION Sec. 16, Art. II: The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Sec. 2 (2), Art. XII: The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. Sec.5, Art. XII: The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural wellbeing. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. (Note: Indigenous

peoples’ traditional ecological knowledge is an integral part of understanding the environment).

UN FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) International Environmental Treaty that was produced at the UN Conference on Environment and Development. It is aimed at STABILIZING greenhouse gas concentrations in the atmosphere at a level that would prevent interference with climate system. Since the UNFCCC entered into force, the parties have been meeting annually in Conferences of the Parties (COP) to assess progress in dealing with climate change, and beginning in the mid-1990s, to negotiate the Kyoto Protocol to establish legally binding obligations for developed countries to reduce their greenhouse gas emissions.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |2  Under the Convention, governments:  

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gather and share information on greenhouse gas emissions, national policies and best practices; launch national strategies for addressing greenhouse gas emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries ; cooperate in preparing for adaptation to the impacts of climate change

The agreement requires parties to: 

 KEY ELEMENT: parties should act to protect the climate system on the basis of EQUALITY and in accordance with their COMMON BUT DIFFERENTIATED responsibilities and respective capabilities. The principle of COMMON but DIFFERENTIATED responsibilities includes 2 elements: (Very important. Tinatanong ni Ambatol pag malapit na finals. Tinanong din sa final exam) (1) Common responsibilities of parties to protect the environment, parts of it, at the national, regional, and global levels (2) Need to take into account the different circumstances, particularly each party’s contribution to the problem and its ability to prevent, reduce, and control threat. Another element underpinning the UNFCCC is the polluter pays principle. This means that the party responsible for producing pollution is responsible for paying for the damage done to the natural environment.

ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION

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An agreement which binds a group of contiguous states to tackle transboundary haze pollution resulting from land and forest fires.

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COOPERATE in developing and implementing measures to prevent, monitor, and mitigate transboundary haze pollution by controlling sources of land and forest fires, assessment and early warning systems, exchange of information, and mutual assistance. RESPOND PROMPTLY to a request for relevant information sought by a state affected or may be affected by transboundary haze pollution. TAKE legal, administrative, and/or other measures to implement their obligation under the agreement.

MEMBERS OF ASEAN          

Philippines Brunei Darussalam Laos Malaysia Myanmar Singapore Thailand Vietnam Indonesia Cambodia

DENR BUREAUS AND ATTACHED AGENCIES: ENVIRONMENTAL FUNCTIONS (1) Ecosystems Research and Development Bureau-principal research and development (R & D) unit of DENR. Its R & D and extension activities are focused on the 5 major ecosystems of the

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |3 Philippines which include forests, upland farms, grassland and degraded areas, coastal zone and freshwater, and urban areas. (2) Environmental Management Bureau (EMB)- the primary government agency under the Department of Environment and Natural Resources to formulate, integrate, coordinate, supervise and implement all policies, programs, projects and activities relative to the prevention and control of pollution as well as the management and enhancement of environment (e.g. It is mainly responsible for the implementation and enforcement of RA 8749 (Phil Clean Air Act of 1999). (3) Forest Management Bureau (FMB)- provides support for the effective protection, development, occupancy management, and conservation of FOREST LANDS and WATERSHEDS. (4) Land Management Bureau (LMB)- As per Executive Order 192, LMB shall ADVISE the Secretary on matters pertaining to rational land classification, management, and disposition. It is an agency of the Philippine government under the Department of Environment and Natural Resources responsible for administering, surveying, managing, and disposing Alienable and Disposable (A&D) lands and other government lands not placed under the jurisdiction of other government agencies. (5) Mines and Geosciences Bureau (MGB)- government agency responsible for the conservation, management, development, and proper use of the country’s mineral resources including those in reservations and lands of public domains. (6) Protective Areas and Wildlife Bureau (PAWB)- The Bureau shall have the following functions: 

Formulate and recommend policies, guidelines, rules and regulations for the establishment and management of an Integrated Protected Areas Systems such as national parks,

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wildlife sanctuaries and refuge, marine parks, and biospheric reserves;  Formulate an up-to-date listing of endangered Philippine flora and fauna and recommend a program of conservation and propagation of the same;  Assist the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System and provide technical assistance to the regional offices in the implementation of programs for these areas;  Formulate and recommend policies, guidelines, rules and regulations for the preservation of biological diversity, genetic resources, the endangered Philippine flora and fauna;  Perform other functions as may be assigned by the Secretary and/or provided by law.

PD 1151: PHILIPPINE ENVIRONMENTAL POLICY Purpose: To protect the right of the people to a healthy environment through a requirement of environmental impact assessments and statements Features: (1) Declares a continuing policy of the State (a) to create, develop, maintain, and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic, and other requirements of present and future generations of Filipinos, (c) to ensure the attainment of an environmental quality that is conducive to a life of dignity and well being (2) In pursuing this policy , it shall be the responsibility of the government, in cooperation of concerned private

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |4 organizations and entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the nation may (a) recognize, discharge, and fulfil the responsibilities of each generation as trustee and guardian of the environment for the succeeding generations, (b) assure the people of a safe, decent, helpful, productive, and aesthetic environment, (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health, and safety or cr4eating conditions adverse to agriculture, commerce, and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e) attain a rational and orderly balance between population and resource use, (f) improve the utilization of renewable and non-renewable resources. (3) In furtherance of these goals and policies, the government recognizes the right of the people to a healthful environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment. (4) Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including all government owned and controlled corporations as well as private corporations and firms and entities shall prepare, file, and include in every action, project, or undertaking which significantly affects the quality of the environment a detailed statement on:    

the environmental impact of the proposed action, project, or undertaking; any adverse environmental effect which cannot be avoided should the proposal be implemented; alternative to the proposed action; a determination that the short-term uses of the resources of the environment are consistent with

AJDM Notes 2014

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the maintenance and enhancement of the longterm productivity of the same; and whenever a proposal involves the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted.

PD 1152: PHILIPPINE ENVIRONMENTAL CODE Purpose: To achieve and maintain such levels of air quality as to protect public health and to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country Features: (1) Provided a comprehensive program of environmental protection and management. The Code established specific environment management policies and prescribes environmental quality standards. (2) To achieve and maintain such levels of air quality as to protect public health and to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country (3) Prescribe management guidelines to protect and improve water quality through: classification of Philippine waters, establishment of water quality standards, protection and improvement of the quality of the Philippine water resources, and responsibilities for surveillance and mitigation of pollution incidents

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |5 (4) Set guidelines for waste management with a view to ensuring its effectiveness, encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and wastes products, and provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective wastes management covering both solid and liquid wastes

Minor petitioners contend that continued granting of timber license constitutes a misappropriation or impairment of the natural resource property and violates their constitutional right to a balanced and healthful ecology (Art. II, Sec. 16) and the protection by the State in its capacity as PARENS PATRIAE. Petitioners likewise rely on respondent’s correlative obligation per Sec. 4 of Executive Order 192, to safeguard the people’s right to a healthful environment. ISSUES:

NOTE: For PD 1152, usually, Ambatol gives the student reciting much leeway on choosing a specific title he/she wants to recite on. For example: Title II: Water Quality Management. So, make sure to read one specific title thoroughly.

(1) Whether the petitioners have locus standi (2) Whether the petitioners failed to allege in their complaint a specific legal right violated by the respondent Secretary for which any relief is provided by law.

OPOSA VS FACTORAN

HELD:

FACTS: The principal petitioners are all minors duly represented and joined by their respective parents. Impleaded as an additional plaintiff is the Philippine Ecological Network, Inc. (PENI), a domestic non-stock and non-profit corporation organized for the purpose of engaging in concerted action geared for protection of the environment and natural resources. The original defendant was Hon. Fulgencio Factoran, Jr., Secretary of DENR. The complaint was instituted as a taxpayer’s class suit and alleges that plaintiffs ―are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use, and enjoyment of natural resource treasure that is the country’s virgin tropical forests.‖ The instant petition was filed to seek for the cancellation of all existing timber license agreements (TLA) in the country and to cease and desist from receiving, accepting, processing, renewing, or approving new timber license agreements.

AJDM Notes 2014

(1) YES. They represent their generation as well as generations yet unborn. Their personality to sue in behalf of the succeeding generations can only be based on the concept of INTERGENERATIONAL RESPONSIBILITY insofar as the right to a balanced and healthful ecology is concerned. Such a right as hereinafter expounded considers the ―rhythm and harmony of nature.‖ Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal, and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas, and other natural resources to the end that their exploration, development, and utilization be equitably accessible to the present as well as future generations. Every generation has a responsibility to the next to preserve that rhythm and harmony for the FULL ENJOYMENT of a balanced and healthful ecology. The minors’ assertion of their right to a sound environment constitutes, at the same time, the performance of their

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |6 obligation to ensure the protection of that right for the generations to come.

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(2) NO. The Court does not agree with the trial court’s conclusions that the plaintiffs failed to allege with sufficient definiteness a specific legal right involved or a specific legal wrong committed, and that the complaint is replete with vague assumptions and conclusions based on unverified data.

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The complaint focuses on one specific fundamental legal right—the RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY which is solemnly incorporated in fundamental law. While said right is to be found under the Declaration of Principles and State Policies, it does not follow that it is less important than any civil political rights. The right to a balanced and healthful ecology carries with it the correlative right to refrain from impairing the environment.

MANILA PRINCE HOTEL VS GSIS FACTS: Pursuant to the privatization program of the government, GSIS decided to sell 30-51% of the issued and outstanding shares ofthe Manila Hotel Corporation (MHC). Two bidders participated, Manila Prince Hotel Corporation (MPHC) and Malaysian Firm Renong Berhad (RB). MPHC’s bid was at P41.58/per share while RB’s bid was at P44.00/share. RB was the highest bidder hence it was logically considered as the winning bidder but is yet to be declared so. Pending declaration, MPHC matches RB’s bid and invoked the Filipino First policy enshrined under par. 2, Sec. 10, Art. 12 of the 1987 Constitution, but GSIS refused to accept. In turn MPHC filed a TRO to avoid the perfection/consummation of the sale to RB. RB then assailed the TRO issued in favor of MPH arguing among others that:

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Par. 2, Sec. 10, Art. 12 of the 1987 Constitution needs an implementing law because it is merely a statement of principle and policy (not self-executing); Even if said passage is self-executing, Manila Hotel does not fall under national patrimony.

ISSUE: Whether or not RB should be admitted as the highest bidder and hence be proclaimed as the legitimate buyer of shares. HELD: No. MPHC should be awarded the sale pursuant to Art. XII of the 1987 Constitution. This is in light of the Filipino First Policy. Par. 2, Sec. 10, Art. XII of the 1987 Constitution is self-executing. The Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. Manila Hotel falls under national patrimony. Patrimony in its plain and ordinary meaning pertains to heritage. When the Constitution speaks of national patrimony, it refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term natural resources, but also to the cultural heritage of the Filipinos. It also refers to our intelligence in arts, sciences and letters. Therefore, we should develop not only our lands, forests, mines and other natural resources but also the mental ability or faculty of our people. Note that, for more than 8 decades (9 now) Manila Hotel has bore mute witness to the triumphs and failures, loves and frustrations of the Filipinos; its existence is impressed with public interest; its own historicity associated with our struggle for sovereignty, independence and nationhood. Herein resolved as well is the term Qualified Filipinos which not only pertains to individuals but to corporations as well and other juridical entities/personalities. The term ―qualified Filipinos‖ simply means that preference shall be given to those citizens who can make a viable contribution to the common good, because of credible competence and efficiency. It certainly does NOT mandate the

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |7 pampering and preferential treatment to Filipino citizens or organizations that are incompetent or inefficient, since such an indiscriminate preference would be counter-productive and inimical to the common good. In the granting of economic rights, privileges, and concessions, when a choice has to be made between a ―qualified foreigner‖ and a ―qualified Filipino,‖ the latter shall be chosen over the former.‖ **Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. [Note: Cultural heritage: part of environmental law].

ENVIRONMENTAL FUNCTIONS OF AGENCIES Department of Health (DOH) o Has environmental health programs. These concerns PREVENTING ILLNESS through managing the environment. These are primarily concerned with effects of the environment to health of people. o Issues environmental sanitation clearance

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Department of Agriculture (DA) o Executive branch responsible for the promotion of agriculture and fisheries development and growth. o Emphasizes on the productivity and sustainability in the use of agricultural resources. o Reports on areas where marine life has to be restored. o Extends assistance to LGUS in developing fisheries. Department of Education (DepEd) o Department responsible for ensuring access to, promoting equity in, and improving the quality of basic education. o Integrates environmental education in schools’ curricula (e.g. environmental laws concepts and principles), thus promoting environmental awareness. o Integrates lessons in pollution prevention, waste management, environmental protection etc. Department of Tourism o Department responsible for the regulation of Philippine tourism industry and promotion of the Philippines as a tourist destination. o Assumes prominent role in developing ―responsible tourism‖ thereby ensuring protection, preservation, and promotion of resources. o Promotes tourism industry that is ecologically sustainable. Department of Public Works and Highways (DPWH) o Department responsible for the safety of projects in the field of public works. It is also responsible for the maintenance of Philippine road network and irrigation system. o Responsible for removal and demolition of structures obstructing free flow of water. o Integrates environmental and social concerns into road and infrastructure development projects. o Utilizes Environmental Impact Assessment in its projects.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |8 Philippine National Police (PNP) o Enforces laws involving agriculture, environment, and natural resources. o Apprehends violators of environmental laws. Department of Interior and Local Government (DILG) o Improves performance of local governments in governance, administrative, social, and economic development and ENVIRONMENTAL MANAGEMENT (e.g. It may order LGUs to determine if they have proper wastewater treatment facilities). Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA). o Government agency for weather forecasting, flood control, astronomical observations, and time service. o Maintains NATIONWIDE NETWORK pertaining to observation and forecasting of weather and other climatological conditions affecting national safety, welfare, and economy. o Undertakes researches on the structure, development, and motion of typhoons and formulates measures for their moderation. o Maintains effective linkages with scientific organization here and abroad, and promotes exchange of scientific information and cooperation among personnel engaged in atmospheric, geological, and astronomical studies.

POLLUTION ADJUDICATION BOARD (EO 192) The Pollution Adjudication Board (PAB) is a quasi-judicial body created under Section 19 of Executive Order (E.O.) 192 for the adjudication of pollution cases. It is created under the Office of the Secretary. The Board shall be composed of the Secretary as the Chairman, Two (2) Undersecretaries as may be designated by the Secretary, the

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Director of the Environmental Management Bureau (EMB), the Three (3) others to be designated by the Secretary as members. The Board shall assume the powers and functions of the Commission/ Commissioners of the National Pollution Control Commission (NPCC) with respect to the adjudication of pollution cases under Republic Act 3931 and Presidential Decree 984. The PAB is organizationally under the supervision of the Office of the Secretary of the Department of Environment and Natural Resources (the DENR) with Secretariat support provided by the Environmental Management Bureau (EMB). Power and function maybe delegated to the DENR Regional Officers in accordance with rules and regulations of the Board.

PAB vs. CA FACTS: Solar Textile Finishing Corporation was involved in bleaching, rinsing, and dyeing textiles with wastewater being directly discharged into a canal leading to adjacent Tullahan-Tinejeros River. Petitioner Board, an agency charged with the task of determining whether effluents of a particular industrial establishments comply with or violate applicable anti-pollution statutory and regulatory provisions have been remarkably forbearing, enforced the applicable standards vis-à-vis Solar. Petitioner issued an ex parte order directing Solar to immediately cease and desist from utilizing its wastewater pollution source installations. Solar then went to the RTC on petitioner for certiorari. Case was, however, dismissed due to the following:  

Appeal, not certiorari, is the proper remedy. Board’s subsequent order allowing Solar to operate temporarily rendered Solar’s petition moot and academic.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

Environmental Law Reviewer |9 CA reversed the order of dismissal and declared the Writ of Execution null and void. It held that certiorari is the proper remedy since the order of petitioner would result in great and irreparable damage to Solar. Petitioner asked the Supreme Court to review CA’s decision. It claimed that ex-parte order with writ was issued in accordance with law. It claimed that under PD 984, Sec. 7 (a), it has legal authority to issue ex-parte orders to suspend the operations of an establishment where there is prima facie evidence that such establishment is discharging wastewater, the pollution level exceeds the maximum permissible standards set by the Board.

Respondents Concerned Residents filed a complaint before the RTC in Imus, Cavite against several government agencies, among them the petitioners, for the cleanup, rehabilitation, and protection of Manila Bay and to submit to RTC a concerted concrete plan of action for the purpose. The complaint alleged the following: 

 Respondent’s contention: No threat to life, public health safety or welfare. ISSUE: Whether the CA erred in reversing the Trial Court’s decision. HELD: Yes. The Board was acting within its powers in issuing the cease and desist orders as per PD 9874, Sec. 7 (a). It is not essential that an immediate threat to life, public health, safety exists before an exparte cease and desist order may be issued. It is enough if the Board finds that the wastes discharged do exceed the allowable standards set by the Board.

MMDA vs. CONCERNED RESIDENTS OF MANILA BAY FACTS: At the core of this case is Manila Bay, a place with proud historic past, once brimming with marine life, but now a dirty and slowly dying expanse mainly due to official indifference of people and institutions that could have otherwise made a difference.

AJDM Notes 2014

Water quality had fallen way below the allowable standards set by law (as confirmed by the DENR). Given the sample water collected, the amount of fecal coliform content is beyond the standard. The continued neglect of officials violates several laws

With the reckless, accumulated, and ongoing acts, omission, commission of defendants resulting in clear and present danger to public health and in the depletion and contamination of the marine life of Manila Bay, the RTC held petitioner liable and ordered to clean up and rehabilitate Manila Bay and to restore its water quality to class B waters fit for swimming, skin-diving, and other forms of contact recreation. Petitioners appealed before the CA contending that the provisions of Environmental Code (PD 1152) relate only to the cleaning of specific pollution incidents and do not cover cleaning in general. They also asserted that cleaning of the Manila Bay is not a ministerial act which can be compelled by mandamus. ISSUES: (1) Whether Sec. 17 and 20 f PD 1152 under the headings, Upgrading of Water Quality and Clean-Up Operations, envisage a clean-up in general or are they limited only to the cleanup of specific pollution incidents? (2) Can petitioner be compelled by mandamus to clean up and rehabilitate Manila Bay? HELD:

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 10 (1) NO. Sec. 17 does not state that government agencies concerned ought to confine themselves to containment, removal, and cleaning operations when specific pollution incident occurs. On the contrary, Sec. 17 requires them to act even in the absence of specific pollution incident, as long as the water quality ―has deteriorated to a degree where its state will adversely affect its best usage.‖ This is not conditional on occurrence of any pollution incident. (2) YES. SC held that cleaning up and rehabilitating Manila Bay is ministerial in nature and can be compelled by mandamus. Sec. 3 (c) of RA No. 7924 (law creating MMDA) is mandated to put up an adequate and appropriate sanitary landfill and solid waste and liquid disposal as well as alternative garbage disposal systems. This is set up by law (enjoined as a matter of statutory obligations).

LAGUNA LAKE DEVELOPMENT AUTHORITY (LLDA): RA 4850 and EO 927 The LLDA was organized by virtue of Republic Act No. 4850 as a quasi-government agency with regulatory and proprietary functions. Through Presidential Decree 813 in 1975, and Executive Order 927 in 1983, its powers and functions were further strengthened to include environmental protection and jurisdiction over the lake basin’s surface water. In 1993, through Executive Order 149, the administrative supervision over LLDA was transferred from the Office of the President to the Department of Environment and Natural Resources (DENR).

R.A. No. 4850: AN ACT CREATING THE LAGUNA LAKE DEVELOPMENT AUTHORITY, PRESCRIBING ITS POWERS, FUNCTIONS AJDM Notes 2014

AND DUTIES, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES. Special Powers and Functions 1. To make a comprehensive survey of the physical and natural resources and potentialities of the Laguna Lake region particularly its social and economic conditions, hydrologic characteristics, power potentials, scenic and tourist spots, regional problems, and on the basis thereof, to draft a comprehensive and detailed plan designed to conserve and utilize optimally the resources within the region particularly Laguna de Bay to promote the region's rapid social and economic development and upon approval by the National Economic and Development Authority (NEDA) Board of such plan, to implement the same including projects in line with said plan: Provided, That implementation of all fisheries plans and programs of the authority shall require prior consensus of the Bureau of Fisheries and Aquatic Resources to ensure that such plans and programs are consistent with the national fisheries plans and programs. For the purpose of said survey, public agencies shall submit and private entities shall provide necessary data except such data which under existing laws are deemed inviolable. 2. To provide the machinery for extending the necessary planning, management and technical assistance to prospective and existing investors in the region; 3. To make recommendation to the proper agencies on the peso or dollar financing, technical support, physical assistance and, generally, the level of priority to be accorded agricultural, industrial and commercial projects, soliciting or requiring direct help from or through the government or any of its instrumentalities;

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 11 4. To pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices/agencies within the region, public corporations, and private persons or enterprises where such plans, programs and/or projects are related to those of the Authority for the development of the region as envisioned in this Act. The Authority shall issue the necessary clearance for approved proposed plans, programs, and projects within thirty days from submission thereof unless the proposals are not in consonance with those of the Authority or that those will contribute to the unmanageable pollution of the Laguna Lake waters or will bring about the ecological imbalance of the region: Provided, further, That the Authority is hereby empowered to institute necessary legal proceeding against any person who shall commence to implement or continue implementation of any project, plan or program within the Laguna de Bay region without previous clearance from the Authority: Provided, furthermore, That any local government office, agency, public corporation, private person, or enterprise whose plans, programs and/or projects have been disapproved by the Authority may appeal the decision of the Authority to the NEDA within fifteen (15) days from receipt of such disapproval whose decision on the matter shall be final. Reasonable processing fees as may be fixed by the Authority's Board of Directors shall be collected by the Authority for the processing of such plans, programs and/or projects: Provided, finally, The expansion plans shall be considered as new plans subject to review of the Authority and to payment of the processing fees. The Authority and national and local government offices, agencies and public corporations shall coordinate their plans, programs, projects and licensing procedures with respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake development plan which shall be binding upon all parties concerned upon approval of the NEDA board.

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5. To engage in agriculture, industry, commerce, or other activities within the region which may be necessary or directly contributory to the socio-economic development of the region, and, for this purposes, whether by itself or in cooperation with private persons or entities, to organize, finance, invest in, and operate subsidiary corporations: Provided, That the Authority shall engage only, unless public interest requires otherwise, in those activities as are in the nature of new ventures or are clearly beyond the scope, capacity, or interest or private enterprises due to consideration of geography, technical or capital requirements, returns on investment, and risk; 6. To plan, program finance/or undertake infrastructure projects such as river, flood and tidal control works, waste water and sewerage works, water supply, roads, portworks, irrigation, housing and related works, when so required within the context of its development plans and programs including the readjustment, relocation or settlement of population within the region as may be necessary and beneficial by the Authority: Provided, That should any project be financed wholly or in part by the Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by its Board of Directors subject to the approval of the NEDA Board from users and/or beneficiaries thereof to recover costs of construction, operation and maintenance of the projects: Provided, further, That if the Authority should find it necessary to undertake such infrastructure projects which are classified, as social overhead capital projects as determined by the NEDA, the Authority shall be authorized to receive financial assistance from the government in such amount as may be necessary to carry out the said projects subject to such terms and condition that may be imposed by the government, upon recommendation of the NEDA Board: Provided, finally, That such amount as may be necessary for the purpose is hereby authorized to be appropriated out of the funds of the National Treasury not otherwise appropriated.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 12 7. To make an annual report to the stockholders regarding the operation of the Authority more particularly a statement of its financial conditions, activities undertaken, progress of projects and programs and plans of actions for the incoming years: Provided, however, That a majority of the stockholders may require the Authority to submit report or reports other than the annual report herein required, which report must be submitted within a period of thirty (30) days from notice thereof; 8. To lend or facilitate the extension of financial assistance and/or act as surety or guarantor to worthwhile agricultural, industrial and commercial enterprises; 9. To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects and/or acquire such bodies of land from the lake which may be necessary to accomplish the aims and purposes of the Authority subject to the approval of the NEDA Board: Provided, That the land so reclaimed shall be the property of the Authority and title thereto shall be vested in the Authority: Provided, further, That the resulting lake shore shall continue to be owned by the national government. 10. The provisions of existing laws to the contrary notwithstanding, to engage in fish production and other aqua-culture projects in Laguna de Bay and other bodies of water within its jurisdiction and in pursuance thereof to conduct studies and make experiments, whenever necessary, with the collaboration and assistance of the Bureau of Fisheries and Aquatic Resources, with the end in view of improving present techniques and practice. Provided, That until modified, altered or amended by the procedure provided in the following sub-paragraph, the present laws, rules and permits or authorizations remain in force; 11. For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the Authority shall have

AJDM Notes 2014

exclusive jurisdiction to issue new permit for the use of the lake waters for any projects or activities in or affecting the said lake including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary safeguards for lake quality control and management and to collect necessary fees for said activities and projects: Provided, That the fees collected for fisheries may be shared between the Authority and other government agencies and political sub-divisions in such proportion as may be determined by the President of the Philippine upon recommendation of the Authority's Board: Provided, further, That the Authority's Board may determine new areas of fisheries development or activities which it may place under the supervision of the Bureau of Fisheries and Aquatic taking into account the overall development plans and programs for Laguna de Bay and related bodies of water: Provided, finally, That the Authority shall subject to the approval of the President of the Philippines promulgate such rules and regulations which shall govern fisheries development activities in Laguna de Bay which shall take into consideration among others the following: socioeconomic amelioration of bonafide resident fisherman whether individually or collectively in the form of cooperatives, lakeshore town development, a master plan for fishpen construction and operation, communal fishing ground for lakeshore town residents, and preference to lakeshore town residents in hiring laborers for fishery projects. 12. To require the cities and municipalities embraced within the region to pass appropriate zoning ordinances and other regulatory measures necessary to carry out the objectives of the Authority and enforce the same with the assistance of the Authority.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 13 13. The provisions of existing laws to the contrary notwithstanding, to exercise water rights over public waters within the Laguna de Bay region whenever necessary to carry out the Authority's projects; 14. To act in coordination with existing governmental agencies in establishing water quality standards for industrial, agricultural and municipal waste discharges into the lake and to cooperate with said existing agencies of the government of the Philippines in enforcing such standards, or to separately pursue enforcement and penalty actions as provided for in Section 4(d) and Section 39-A of this Act: Provided, That in case of conflict on the appropriate water quality standard to be enforced such conflict shall be resolved thru the NEDA Board; 15. To develop water supply from ground and/or lake water resources for municipal, agricultural and industrial usages, in coordination with the National Water Resources Council created by Presidential Decree No. 424 dated March 28, 1974 or its successors in interests, and to enter into agreements with municipalities, governmental agencies and corporations and the private sector to supply, distribute and market such water; 16. Undertake studies on the improvement and maintenance of the desirable lake water quality of Laguna de Bay, and in pursuance thereof, prepare a water quality management program on a continuing basis, subject to the approval of the NEDA, which the Authority shall carry out with the assistance and support of all national and local government units involved in water quality management.

E.O 927 -Further defines certain functions and powers of the Laguna Lake Development Authority.

AJDM Notes 2014

Additional Powers and Functions of LLDA under E.O 927: 1. Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal system and the issuance of permits in accordance with the provisions of this Executive Order; inspect the construction and maintenance of sewage works and industrial waste disposal systems for compliance to plans. 2. Adopt, prescribe, and promulgate rules and regulations governing the Procedures of the Authority with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Executive Order. 3. Issue orders or decisions to compel compliance with the provisions of this Executive Order and its implementing rules and regulations only after proper notice and hearing. 4. Make, alter or modify orders requiring the discontinuance of population specifying the conditions and time within which such discontinuance must be accomplished. 5. Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof: Provided, however, that the Authority, by rules and regulations, may require subdivisions, condominiums, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 14 extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Authority may impose reasonable fees and charges for the issuance or renewal of all permits herein required. 6. After due notice and hearing, the Authority may also revoke, suspend modify any permit issued under this Order whenever the same is necessary to prevent or abate pollution. 7. Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Executive Order and its implementing rules and regulations and the orders and decisions of the Authority. 8. Authorize its representative to enter at all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollutions. 9. Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Executive Order. Further, to effectively regulate and monitor activities in the Laguna de Bay region, the Authority shall have exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities in or affecting the said region including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like.

AJDM Notes 2014

LLDA vs. CA FACTS: Laguna Lake Development Authority (LLDA) was created through RA No. 4850 in order to execute the policy of towards environmental protection and sustainable development so as to accelerate the development and balanced growth of the Laguna Lake Area and the surrounding provinces and towns. EO 927 further defined and enlarged the powers and functions of LLDA and enumerated towns, cities, and provinces encompassed by the term ―Laguna de Bay Region.‖ Upon the implementation of RA No. 7160 (Local Government Code), the municipalities assumed EXCLUSIVE JURISDICTION and authority to issue fishing privileges within their municipal waters since Sec. 149 thereof provides that Municipal corporations shall have authority to grant ―in municipal waters and impose rental fees or charges thereof.‖ Big fish pen operators took advantage of the occasion to establish fish pens and fish cages to the dismay of LLDA. Implementation of separate, independent policies in fish cages/fish pen operation and the INDISCRIMINATE grant of fish pen permits by the lakeshore municipalities aggravated the current environmental problems and ecological stress of Laguna Lake. LLDA then served notice to general public that:   

Fish pens, cages, and other aquaculture structures unregistered with LLDA are declared illegal; Those declared illegal shall be subject to demolition; Owners of those declared illegal shall be criminally charged with violations of provisions of RA No. 4850/PD 813.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 15 A month later, LLDA sent notices advising the owner of the illegally constructed fish pens/cages and aqua structures, advising them to dismantle their respective structures otherwise demolition shall be effected. ISSUE: Which agency of the government—LLDA or towns/municipalities comprising the region—should exercise jurisdiction over the Laguna Lake and its surrounding district insofar as issuance of permits for fishing privileges is concerned. HELD: LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927, specifically provide that the LLDA shall have exclusive jurisdiction to issue permits for the use of all surface water for any projects or activities affecting the region. On the other hand, RA No. 7610 has granted municipalities exclusive authority to grant fishery privilege on municipal waters. Provisions of RA No. 7610 do not necessarily repeal the laws creating LLDA. Where there’s conflict between general and special laws, the latter should prevail as it evinces legislative intent more clearly than general statute. Special law cannot be repealed, amended, or altered by a subsequent general law by mere implications. Moreover, the powers of LLDA , for the purpose of effectively rehabilitating and monitoring Laguna de Bay, partakes of the nature of police power, most pervasive, least limitable, most demanding of all state powers.

TANO vs. SOCRATES FACTS: The Sangguniang Panglungsod of Puerto Princesa enacted Ordinance No. 15-92 banning the shipment of live fish and lobster outside Puerto Princesa City for a period of 5 years. In the same light, the SP

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Palawan also enacted a Resolution that prohibits the catching, gathering, buying, selling, possessing, and shipment of live marine coral-dwelling aquatic organisms for 5 years within Palawan waters. Petitioners Airline Shippers Association of Palawan, together with marine merchants, were charged for violating the above ordinance and resolution by the city and provincial governments. Petitioners now alleged that they have the preferential rights as marginal fishermen granted with privileges provided in Sec. 149 of the Local Government Code, invoking the invalidity of the enactments as violative of their preferential rights. ISSUE: Whether the enactments are violative of preferential rights. HELD: No. Enactments are valid exercise of police power of LGU to protect public interests and the public rights to a balanced and healthful ecology. Rights and privileges invoked by petitioner are not absolute. The General Welfare Clause of the Local Government Code mandates for the liberal interpretation in giving the LGUs more powers to accelerate economic development and to upgrade the life of people in the community. LGUs are then empowered to enact fishery laws

in its municipal waters which necessarily include the enactment of ordinances in order to effectively carry out enforcement of fishery laws in the community.

AARHUS CONVENTION ON PUBLIC PARTICIPATION, ACCESS TO INFORMATION, AND ENVIRONMENTAL JUSTICE

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 16 The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The Parties to the Convention are required to make the necessary provisions so that public authorities (at national, regional or local level) will contribute to these rights to become effective. The Convention provides for: (1) Access to Environmental Information: the right of everyone to receive environmental information that is held by public authorities. This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Applicants are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession; (2) Public Participation in Environmental decisionmaking: the right to participate in environmental decisionmaking. Arrangements are to be made by public authorities to enable the public affected and environmental nongovernmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it. (3) Access to Justice: the right to review procedures to challenge public decisions that have been made without respecting the two aforementioned rights or environmental law in general.

INDIGENOUS PEOPLE’S RIGHTS ACT of 1997 AJDM Notes 2014

-A legislation recognizing and promoting all the rights of indigenous cultural communities or indigenous peoples of the Philippines. It provides the ARTICULATION of numerous rights that should be afforded to indigenous people which includes:      

Right Right Right Right Right Right

of ownership over land and natural resources to develop lands and natural resources to stay in territories to safe and clean air and water to claim parts of reservations to resolve conflicts, among others.

It also provides for the ESTABLISHMENT of a process for the formal recognition of land rights through the introduction of the Certificate of Ancestral Domain Title (CADT) and the ESTABLISHMENT of the National Commission on Indigenous Peoples (NCIP), the agency mandated to protect the interest of indigenous peoples. [Note: Environmental Law also covers IPs because of their traditional knowledge regarding the environment (plant and animals) within their immediate surroundings.]

PD 1160: VESTING AUTHORITY IN BARANGAY CAPTAINS TO ENFORCE POLLUTION AND ENVIRONMENTAL CONTROL LAWS AND FOR OTHER PURPOSES. -Law deputizing the Barangay Captain, the Barangay Councilman and Barangay Zone Chairman as Peace Officers in order to contain certain problems and grave danger brought about by pollution, ecological imbalance, and other environmental disturbance, and

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 17 obviate any further aggravation of the consequent danger to public, health, safety, and national interest. All laws to the contrary notwithstanding, the Barangay Captain, the Barangay Councilman, and the Barangay Zone Chairman are hereby deputized as peace officers, with authority to effect arrest of violators in accordance with law, for purposes of enforcing and implementing national and local laws, ordinances and rules and regulations governing pollution control and other activities which create imbalance in the ecology or disturbance in environmental conditions. The courts and proper prosecuting or administrative officials or agencies shall give preference to the expeditious disposition of cases involving a violation of the laws, ordinances, rules and regulations referred to in Sec. 2 of this Decree when the magnitude of the violation is such as to adversely affect an entire or major portion of a community as may be certified to by the National Pollution Control Commission or the National Environmental Protection Council as the case may be.

CLEAN AIR ACT -outlines the government’s measures to REDUCE air pollution and INCORPORATE environmental protection into its development plans. It mandates the various government agencies to do the following in support of the Act: 1. Department of Environment and Natural Resources (DENR) – act as overall of the lead agency; prepare a National Air Quality Status Report which shall be used as a basis in formulating the Integrated Air Quality Improvement Framework; issue rules and regulations in the implementation of the Act. 2. Department of Transportation and Communication (DOTC) – in coordination with the DENR in case of

AJDM Notes 2014

industrial dischargers and the DOTC, in case of motor vehicles, shall, based on environmental techniques, design, impose on and collect regular emission fees from all said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be; implement the emission standards for motor vehicles 3. Department of Science and Technology (DOST) – with the DENR, other agencies, private sector , the academe, non-government organizations and people’s organization, shall establish a National Research Development Program for the prevention and control of air pollution. 4. Department of Trade and Industry (DTI) , DOST Local Government Units (LGUs) - together with the DENR shall develop an action plan for the control and management of air pollution from motor vehicles with the Integrated Air Quality Management Framework. 5. DOTC, DTI and DENR - shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of emission of pollutants discharged by the said sources. 6. Department of Energy (DOE) co-chaired with the DENR, in consultation with the Bureau of Product Standards of DTI, DOST with the fuel and automotive industries, academe and the consumers – shall set specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions. 7. Philippine Atmospheric, Geophysical and astronomical Service Administration (PAGASA) – shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 18 8. Philippine Nuclear Research Institute (PNRI) – with the DENR shall regulate all projects which will involve the use of atomic and/or nuclear energy, and will entail relaease of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport , production , storage and use of radioactive materials. 9. Department of Education (DepEd), Commission on Higher Education (CHED) , Department of Interior and Local Governments (DILG) and the Philippine Information Agency ( PIA) – shall encourage participation of government agencies and the private sector including NGOs, POs, academe, environmental groups and other private entities in a multi-sectoral campaign.

CLEAN WATER ACT -aims to protect the country’s water bodies from pollution from landbased sources, industries and commercial establishments, agriculture and community (household activities). Coverage of the Act - This Act shall apply to water quality management in all water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land based sources: Provided, further, That the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution. It mandates the various government agencies to do the following in support of the Act: (1) Philippine Coast Guard in coordination with DA and the Department shall enforce for the enforcement of water quality standards in marine waters, set pursuant to this Act, specifically from offshore sources;

AJDM Notes 2014

(2) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water utilities for the provision or sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdiction; (3) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activities: Provided, That discharges coming from non-point sources be categorized and further defined pursuant to this Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily responsible for the prevention and control of water pollution for the development, management and conservation of the fisheries and aquatic resources; (4) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking water quality standards; (5) DOST, in coordination with the Department and other concerned agencies, shall prepare a program for the evaluation, verification, development and public dissemination of pollution prevention and cleaner production technologies; and (6) Department of Education (DepEd), Commission Higher Education (CHED), Department of the Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall assist and coordinate with the Department in, the preparation and implementation of a comprehensive program pursuant to the objectives of this Act. The Act also outlines the beneficial use of water (as follows):

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 19

Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes. 1. Use of water for domestic purposes - means the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens and watering of lawns or domestic animals; 2. Use of water for municipal purposes - means the utilization of water for supplying water requirements of the community; 3. Use of water for irrigation - means the utilization of water for producing agricultural crops; 4. Use of water for power generation - means the utilization of water for producing electrical or mechanical power;

SOLID WASTE MANAGEMENT ACT (R.A. No. 9003) This law aims for the reduction of solid waste through source reduction and waste minimization measures, treatment and disposal of solid waste in accordance with ecologically sustainable development principles. It also aims to ensure the proper segregation, collection, transport, storage, treatment, and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management EXCLUDING INCINERATION [burning of waste]. R.A. No. 9003 considers ―waste‖ as a resource that can be recovered, emphasizing RECYCLING, REUSE, and COMPOSTING as methods to minimize waste problems.

5. Use of water for fisheries - means the utilization of water for the propagation of culture of fish as a commercial enterprise;

The Act also gives strong emphasis on the role of municipal and LGUs providing for the creation of solid waste management communities up to the barangay level.

6. Use of water for livestock raising - means the utilization of water for large herds or flocks of animals raised as a commercial enterprise;

HAZARDOUS CHEMICAL ACT (R.A. No. 6969]

7. Use of water for industrial purposes - means the utilization of water in factories, industrial plants and mines, including the use of water as an ingredient of a finished product; and 8. Use of water for recreational purposes - means the utilization of water for swimming pools, bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation.

AJDM Notes 2014

Overview: It has been recognized that the public and the environment are at risk in the use or exposure to chemicals as well as the long term damage brought about by careless handling or disposal of hazardous wastes. Under this act importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, as well as the entry even in transit, or storage and disposal of hazardous and nuclear wastes are regulated.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 20

The Department of Environment and Natural Resources shall be the implementing agency and shall be assisted by the Inter-Agency Advisory Council It provides for the regulation of all chemical substances that may pose threat to public health and the environment through import, manufacture, sale, use, distribution, and disposal as well as the regulation of all hazardous wastes from generation, transport, storage, re-use/recycling, treatment and disposal [and to prevent entry of nuclear wastes into the country FOR WHATEVER PURPOSE.] Registration of the following is required to ensure that industrial economic growth is achieved in an environmentally sound manner to effectively manage hazardous wastes in order to minimize human and environmental impacts cause by industrial activities: Hazardous wastes generators Hazardous wastes treater Hazardous wastes transporter Violators shall be subject to fines, imprisonment, dismissal from office, confiscation and forfeiture chemical substances and mixtures in favor of the government, deportation and barred from entry into the Philippines in case of foreigner

NDRMMC: NATIONALDISASTER RISK REDUCTION MANAGEMENT COUNCIL -A working group of various government, non-government, civil sector, and private sector organizations of the Philippines. It is under the Department of National Defense. The Council is responsible for ensuring the protection and welfare of the people during disasters/emergencies.

AJDM Notes 2014

NIPAS ACT: National Integrated Protected Areas System Act (RA 7586) -provides the legal framework for the establishment/management of protected areas in the Philippines. The law defines PROTECTED AREAS as the identified portions of land and/or water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploration. It establishes a National Integrated Protected Areas System (NIPAS) which will designate, whether terrestrial, wetland or marine, protected areas, areas that "shall encompass outstanding remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems." Enlisting categories of protected areas are as follows: (1)Strict nature reserve; (2)Natural park; (3)Natural monument; (4)Wildlife sanctuary; (5)Protected landscapes and seascapes; (6) Resource reserve; (7) Natural biotic areas; and, (8) Other categories established by law, conventions or international agreements which the Philippine Government is a signatory.

WILDLIFE ACT This Act calls for the CONSERVATION of the country’s wildlife resources and their habitats for sustainability as a policy of the State. Among its features are:  

Guidelines on access and benefits sharing Quota for collection of specimens

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 21  

Ecological and rehabilitation bond to be posted by researchers. Monitoring system for bioprospecting. [NOTE: Check the definition of terms as provided by the law.]

Objectives: (a) Protection/conservation of species and their habitats, (b) Regulation in the collection and trade of wildlife, (c) to initiate and support scientific studies on conservation of biodiversity.

FISHERIES CODE RA 8550 1998 Objectives:     

Conservation, protection and sustained management of the country’s fishery and aquatic resources; Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk; Improvement of productivity of aquaculture within ecological limits; Optimal utilization of offshore and deep-sea resources; and Upgrading of post-harvest technology.

Chapter 1 declares the policy of the State with respect to fisheries and contains a large definitions section. It is a declared policy to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens. Another principle of policy is the protection of municipal fishermen. Fishery and aquatic resources shall be managed in a manner consistent with the concept of integrated coastal area management. Chapter II contains the main body of rules relative to the management and conservation of fisheries and to aquaculture. Fisheries are classified in municipal fisheries, i.e. fishing in municipal waters, and commercial fishing. Provisions of the Chapter also regulate post-harvest facilities, activities and trade.

or fish refuges and sanctuaries in bays, foreshore lands, continental shelf or any fishing ground to be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. Remaining Chapters deal with fisheries research and development (V), prescribe penalties and offences (VI), and contain general provisions (VII).

MINERAL RESOURCES CONSERVATION ACT: RA 7942 1955 -mandates the State to manage the country’s mineral resources and to control and supervise the exploration, development, and utilization of mineral resources. The law reiterates the constitutional provision that only the government may grant mining rights to individuals and corporations. It also provides for areas open to mining operations subject to any existing rights on reservation and prior agreements of all parties. o

All mineral resources in public/private land including timber or forest lands, shall be open to mineral agreements/financial or technical assistance agreement application.

The following are closed to mining applications:     

In military and other government reservations except upon prior written clearance by government agency concerned. Near or under public or private building, cemeteries, historic sites etc. except upon written consent Areas expressly prohibited by law. Areas covered by small scale miners Virgin forests

SMALL SCALE MINING ACT: RA7076 1991

The Department of Fisheries may designate areas in Philippine waters beyond 15 kilometres of the shoreline as fishery reservation

AJDM Notes 2014

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 22 Republic Act No. 7076 (1991), otherwise known as the ―People’s Small-Scale Mining Act‖ defines small-scale mining as minimum activities which rely heavily on manual labor using simple implements and methods, and which do not use explosives or heavy mining equipment. The main purpose of the law is: (1) To effect an orderly and systematic disposition of small-scale mining areas in the country; (2) To regulate the small-scale mining industry with the view to encourage their growth and productivity; and (3) To provide technical, financial and marketing assistance and efficient collection of government revenues. Through this law, the harmful effects of the classic trade-off between development and environment could be minimized if not totally avoided. This law was authored by Senator Aquilino Pimentel Jr. With Republic Act 7076 it allows small miners under this law to use only simple equipments like pick and shovel in extracting gold and other precious metals in their mining areas. In this age of modern technology, this law is making sure that the small mining law should benefit the small miners and not only the big-time operators who are using the skills and sweat of small-scale miners to accumulate a fortune.

Purpose: To attain and maintain a rational and orderly balance between socio-economic growth and environmental protection This established an ENVIRONMENTAL IMPACT STATEMENT SYSTEM founded and based on environmental impact statement, required under Section 4 of P.D. No. 1151, of all agencies, instrumentalities of national government, including GOCCs, as well as private corporations and entities for every proposed project/undertaking which significantly affect the quality of the environment. Section 4 of P.D. No. 1151 provides:

Section 4. Environmental Impact Statements. Pursuant to the above

enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on:

Under RA 7076, no ancestral land may be declared as a people’s small scale mining area without the prior consent of the cultural communities concerned. This respects the rights of the indigenous peoples to their ancestral lands which are fully guaranteed under existing laws. The law defines small miners as Filipino citizens who, individually or in tandem with others, voluntarily form a cooperative, duly licensed by the Department of Environment and Natural Resources, to engage in the extraction or removal of minerals or ore-bearing materials from the ground.

(a) The environmental impact of the proposed action, project or undertaking (b) Any adverse environmental effect which cannot be avoided should the proposal be implemented; (c) Alternative to the proposed action; (d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and (e) Whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and commitment are warranted.

PD1586 (Environment Impact Assessment)

FEATURES:

--Law establishing an environmental impact statement system, including other environmental management-related measures.

AJDM Notes 2014



Declared environmentally critical projects and areas are required to obtain an Environmental Compliance Certificate before operation

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 23 

Environmentally Critical Projects includes heavy industries, resource extractive industries, infrastructure projects, golf course projects



Characteristics of Environmentally Critical Areas:



Areas declared by law as natural parks, watershed reserves, wildlife reserves, and sanctuaries Areas set aside as aesthetic, potential tourist spots Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna) Areas of unique historical, archeological, geological or scientific interests Areas which are traditionally occupied by cultural communities or tribes Areas frequently visited and/or hard hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.) Areas of critical slope Areas classified as prime agricultural lands Recharged areas of aquifers Waterbodies Mangrove areas Coral reefs

 

         

Violators shall be punished by the suspension of cancellation of his/its certificate and or fine for each violation

What is an ENVIRONMENTAL IMPACT ASSESSMENT (EIA)? 

It is the process of predicting the likely environmental consequences of implementing a project or undertaking, and designing appropriate preventive, mitigating and enhancement measures.



EIA provides options for the project to be implemented with assurance that the quality of the environment and well-

AJDM Notes 2014

being of people will be safe-guarded. HENCE, EIA is a PLANNING TOOL. REAL PURPOSE OF EIA: 1. To aid the proponent/applicant on environmental considerations prior to starting construction works on the project. 2. To aid agencies in considering EIA results in their decision making for their respective permitting system ENVIRONMENTALLY CRITICAL PROJECTS (ECP): 

The project include activities that have significant environmental consequences



A project in this category is likely to have significant adverse impact that may be sensitive, irreversible and diverse. If the project is an ECP, an EIS document will have to be submitted. It will be the Environmental Management Bureau (EMB-Manila) that has jurisdiction on the matter. In other words, a project that is categorized as an ECP falls under the authority of the EMB and must follow the steps identified with the preparation of an EIS.

EIA STAGES 1. Screening - Determines if a project is covered or not covered by the PEISS (Philippine Environmental Impact Statement System). If a project is covered, screening further determines what document type the project should prepare to secure the needed approval, and what the rest of the requirements are in terms of EMB office of application, endorsing and decision authorities, duration of processing.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 24 2. Scoping - Identifies the most significant issues/impacts of a proposed project, and then, delimits the extent of baseline information to those necessary to evaluate and mitigate the impacts.

RP vs City of Davao: 388 SCRA 691 (2002)

3. EIA Study and Report Preparation - Involves a description of the proposed project and its alternatives, characterization of the project environment, impact identification and prediction, evaluation of impact significance, impact mitigation, formulation of Environmental Management and Monitoring Plan,

City of Davao filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the ARTICA Sports Dome. The application was filed with the DENR-Environmental Management Bureau (EMB). Attached is a certificate from Planning & Development Office that the project is not located in a critical area.

4. EIA Report Review and Evaluation - An EMB procedural screening for compliance to minimum requirements specified during Scoping, followed by a substantive review of either composed third party experts commissioned by EMB as the EIA Review Committee for PEIS/EIS-based applications, or DENR/EMB internal specialists, the Technical Committee, for IEE based applications. 5. Decision Making - Involves evaluation of EIA recommendations and the draft decision document, resulting to the issuance of an ECC, CNC or Denial Letter. When approved, a covered project is issued its certificate of Environmental Compliance Commitment (ECC) while an application of a non-covered project is issued a Certificate of Non-Coverage (CNC). 6. Monitoring, Validation and Evaluation - Assesses performance of the Proponent against the ECC and its commitments in the Environmental Management and Monitoring Plans to ensure actual impacts of the project are adequately prevented or mitigated.

AJDM Notes 2014

FACTS:

EMB denied application. It found:  

Davao is located in an environmentally-critical area. It must undergo Environmental Impact Assessment process and submit EIS.

Davao filed a petition for mandamus and injunction with the RTC. RTC granted. It held that nothing in P.D. No. 1586 requires LGU to comply. ISSUES: 1. Whether Davao City, as a local government unit, is covered by PD No. 1586. 2. Whether CNC should be issued to it. HELD: 1. YES. Sec. 16 of the Local Government Code states that among the duties of an LGU is to promote people’s right to a balanced ecology. Hence, it is not exempt Also, as per the Civil Code, a person is either natural or juridical. The State and its political subdivisions are juridical persons. Hence, LGU is a person covered by PD No. 1586.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 25 2. YES. Davao has sufficiently shown that the project area is not environmentally-critical. Proclamation 2146 laid down all the environmentally-critical areas/projects. The Sports Dome does not fall under any of the categories.

Canada (IJC-UC) for settlement. The IJC-UC decided on February 28, 1931 that the Trail smelter should limit its sulfur dioxide emissions and that Canada should pay the United States US$350,000 as compensation for damages.

Trail Smelter Arbitration vs Canada (33 and 35 American Journal of Environmental Law)

Despite the IJC-UC decision, the conditions at the Trail smelter did not improve. Consequently, by February 1933 the U.S. Government was refiled complaints to the Canadian Government about the situation at the smelter. These set of complaints led to an emissions convention which was signed by the two parties on April 15, 1935. The Convention called for the creation of a Tribunal to determine whether damage has been done to Washington State since 1932. If found to have done damage, should it be made to refrain from doing so? Should any compensation be paid? [ISSUES].

In 1896, a smelter located in Trail, British Columbia, began operating under American ownership. However, in 1906, the Consolidated Mining and Smelting Company of Canada, Ltd. bought the smelter plant in Trail. This company expanded the plant in size and in turn in its capacity to smelt zinc and lead ores. However, in 1925 and in 1927, two large, 400-foot smoke stacks were built. There was a resulting increase in the amount of sulfur emitted into the air. Within that same time period the amount of sulfur released from the plant on a monthly basis almost doubled from what it had been in 1924. The amount of sulfur released in 1924 was about 4,700 tons per month. But in 1927, the amount had risen to 9,000 tons per month. These increases continued because this smelting operation of zinc and lead had become one of the largest in North America. Finally, the effect of these harmful amounts of sulfur being released were noticed in the State of Washington. The effects were noticeable because for every ton of sulfur released into the air there are two tons of sulfur dioxide created. It was this increase in sulfur dioxide that was detected through the rains. In the period between 1928 and 1935, the Government of the United States filed complaints with the Government of Canada that sulfur dioxide emissions from the Trail smelter had damaged the Columbia River Valley. On August 7, 1928, the issue was referred to the International Joint Commission by the United States and

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HELD: Tribunal found that damaged has been caused to the US and that it should be indemnified for damages. It held that under the principles of International Law, as well as the law of the US, no state has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another when the case is of serious consequences and injury is established by clear and convincing evidence. Hence, Canada was responsible for the conduct of the Trail Smelter. Principles:       

Principle of Good Neighborliness Polluter-Pays Principle Common but Differentiated Responsibilities Precautionary Principle – If there is no scientific certainty, one should approach the matter with caution (e.g. GMOs) Principle of Sustainable Development Principle of Cooperation (e.g. w/ respect the use of transboundary natural resources) Principles of Access to Information, public participation, and access toenvironmental justice.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 26

Corfu UK vs. Albania 1949ICJ4 Facts/ background: On May 15th. 1946 the British warships passed through the Channel without the approval of the Albanian government and were shot at. Later, on October 22nd, 1946, a squadron of British warships (two cruisers and two destroyers), left the port of Corfu and proceeded northward through a channel previously swept for mines in the North Corfu Strait. Both destroyers were struck by mine and were heavily damaged. This incident resulted also in many deaths. The two ships were mined in Albanian territorial waters in a previously swept and checkswept channel. After the explosions of October 22nd, the United Kingdom Government sent a note to the Albanian Government, in which it announced its intention to sweep the Corfu Channel shortly. The Albanian reply, which was received in London on October 31st, stated that the Albanian Government would not give its consent to this unless the operation in question took place outside Albanian territorial waters. Meanwhile, at the United Kingdom Government's request, the International Central Mine Clearance Board decided, in a resolution of November 1st, 1946, that there should be a further sweep of the Channel, subject to Albania's consent. The United Kingdom Government having informed the Albanian Government, in a communication of November 10th, that the proposed sweep would take place on November 12th, the Albanian Government replied on the 11th, protesting against this 'unilateral decision of His Majesty's Government'. It said it did not consider it inconvenient that the British fleet should undertake the sweeping of the channel of navigation, but added that, before sweeping was carried out, it considered it indispensable to decide what area of the sea should be

AJDM Notes 2014

deemed to constitute this channel, and proposed the establishment of a Mixed Commission for the purpose. It ended by saying that any sweeping undertaken without the consent of the Albanian Government outside the channel thus constituted, i.e., inside Albanian territorial waters where foreign warships have no reason to sail, could only be considered as a deliberate violation of Albanian territory and sovereignty. After this exchange of notes, 'Operation Retail' took place on November 12th and 13th. One fact of particular importance is that the North Corfu Channel constitutes a frontier between Albania and Greece, that a part of it is wholly within the territorial waters of these States, and that the Strait is of special importance to Greece by reason of the traffic to and from the port of Corfu. Issues: The British government claimed the minefield which caused the explosions was laid between May 15th, 1946, and October 22nd, 1946, by or with the approval or knowledge of the Albanian Government. Thus Albania was responsible for the explosions and loss of life and had to compensate the UK government. In addition to the passage of the United Kingdom warships on October 22nd, 1946, the second question in the Special Agreement relates to the acts of the Royal Navy in Albanian waters on November 12th and 13th, 1946 when the British government carried out a minesweeping operation called 'Operation Retail' without the consent of Albania. UK held the opinion the passage on October 22nd, 1946 was innocent and that according to rules of international law it had the right to innocent passage through the North Corfu Channel as it is considered part of international highways and does not need a previous approval of the territorial state. The Albanian Government does not dispute that the North Corfu Channel is a strait in the geographical sense; but it denies that this Channel belongs to the class of international highways through

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 27 which a right of passage exists, on the grounds that it is only of secondary importance and not even a necessary route between two parts of the high seas, and that it is used almost exclusively for local traffic to and from the ports of Corfu. Thus a previous approval of the territorial state is necessary. 1) Should the North Corfu Channel as it is considered part of international highways? 2) Is Albania responsible under international law for the explosions which occurred on the 22nd October 1946 in Albanian waters and for the damage and loss of human life which resulted from them and is there any duty to pay compensation?'

Conclusion of the court: The Court therefore reaches the conclusion that Albania is responsible under international law for the explosions which occurred on October 22nd, 1946, in Albanian waters, and for the damage and loss of human life which resulted from them, and that there is a duty upon Albania to pay compensation to the United Kingdom. In the second part of the Special Agreement, the following question is submitted to the Court:

Analysis: The court analyses the geographical situation of the channel connects two parts of the high seas and is in fact frequently being used for international navigation. Taking into account these various considerations, the Court concludes that the North Corfu Channel should be considered as belonging to the class of international highways through which an innocent passage does not need special approval and cannot be prohibited by a coastal State in time of peace. The UK government claims that on October 22nd, 1946, Albania neither notified the existence of the minefield, nor warned the British warships of the danger they were approaching. According to the principle of state responsibility, they should have done all necessary steps immediately to warn ships near the danger zone, more especially those that were approaching that zone. In fact, nothing was attempted by the Albanian authorities to prevent the disaster. These grave omissions involve the international responsibility of Albania. But Albania's obligation to notify shipping of the existence of mines in her waters depends on her having obtained knowledge of that fact in sufficient time before October 22nd; and the duty of the Albanian

AJDM Notes 2014

coastal authorities to warn the British ships depends on the time that elapsed between the moment that these ships were reported and the moment of the first explosion.

(2) Has the United Kingdom under international law violated the sovereignty of the Albanian People's Republic by reason of the acts of the Royal Navy in Albanian waters on the 22nd October and on the 12th and 13th November 1946 and is there any duty to give satisfaction? Albania was in fact in war with Greece which means that the coastal state was not in time of peace. UK had not an innocent passage due to the way it was carried out. The court assessed the manner of UK warships after they had been shot at May 15th. Having thus examined the various contentions of the Albanian Government in so far as they appear to be relevant, the Court has arrived at the conclusion that the United Kingdom did not violate the sovereignty of Albania by reason of the acts of the British Navy in Albanian waters on October 22nd, 1946. The United Kingdom Government does not dispute that 'Operation Retail' was carried out against the clearly expressed wish of the Albanian Government. It recognizes that the operation had not the consent of the international mine clearance organizations, that it could not be justified as the exercise of a right of innocent passage, and lastly that, in principle, international law does not allow a State

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 28 to assemble a large number of warships in the territorial waters of another State and to carry out minesweeping in those waters. The United Kingdom Government states that the operation was one of extreme urgency, and that it considered itself entitled to carry it out without anybody's consent. The Court can only regard the alleged right of intervention as the manifestation of a policy of force, such as has, in the past, given rise to most serious abuses and such as cannot, whatever be the present defects in international organization, The United Kingdom Agent, in his speech in reply, has further classified 'Operation Retail' among methods of self-protection or self-help. The Court cannot accept this defense either find a place in international law. Final conclusion of the court: 1) On the first question put by the Special Agreement of March 25th, 1948,

RAMSAR CONVENTION ON WETLANDS CONSERVATION --International treaty, adopted in the Iranian City of Ramsar in 1971, for the CONSERVATION and SUSTAINABLE UTILIZATION of wetlands. The Convention uses a broad definition of the types of wetlands covered in its mission, including lakes and rivers, swamps and marshes, wet grasslands and peatlands, oases, estuaries, deltas and tidal flats, near-shore marine areas, mangroves and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, and salt pans.

The court gives judgment that the People's Republic of Albania is responsible under international law for the explosions which occurred on October 22nd, 1946, in Albanian waters, and for the damage and loss of human life that resulted there from; and

At the centre of the Ramsar philosophy is the ―wise use‖ concept. The wise use of wetlands is defined as "the maintenance of their ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development". "Wise use" therefore has at its heart the conservation and sustainable use of wetlands and their resources, for the benefit of humankind.

Reserves for further consideration the assessment of the amount of compensation and regulates the procedure on this subject.

Under the 3 pillars of the Convention, the Parties have committed themselves to:

2) On the second question put by the Special Agreement on the violation of state sovereignty, The court gives judgment that the United Kingdom did not violate the sovereignty of the People's Republic of Albania by reason of the acts of the British Navy in Albanian waters on October 22nd, 1946; and unanimously, gives judgment that by reason of the acts of the British Navy in Albanian waters in the course of the Operation of November 12th and 13th, 1946, the United Kingdom violated the sovereignty of the People's Republic of Albania, and that this declaration by the Court constitutes in itself appropriate satisfaction.

AJDM Notes 2014



Work towards the wise use of all their wetlands through national land-use planning, appropriate policies and legislation, management actions, and public education;

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Designate suitable wetlands for the List of Wetlands of International Importance and ensure their effective management; and

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Cooperate internationally concerning transboundary wetlands, shared wetland systems, shared species, and development projects that may affect wetlands.

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 29

OF WHAT USE ARE WETLANDS [Ambassador Tolentino] Wetlands are among the most valuable ecosystems in the world providing so much benefits to people. Among the values and functions of wetlands are as: 1. Kidneys of the earth – They purify water and wastes from both natural and human sources by preventing high levels of nutrients from agricultural run-offs such as phosphorous and nitrogen from reaching the groundwater as well as preventing the rapid growth of algae which use up the oxygen in the water that is important for the survival of other wetland species. 2. Storehouse of genetic materials – Wetlands are habitats for a wide variety of plants, animals and micro-organisms. They are nurseries for numerous fish species and resting and nesting places for migratory birds. 3. Biological supermarket – It is the source of fish and other protein-loaded aquatic creatures. Wetlands are also the source of fuelwood, timber, materials for utensils and handicrafts of indigenous peoples and even fodder for work animals. 4. Defense fortifications — Wetlands proved excellent defenses against the onslaught of typhoons and tsunamis as proven by the tsunami generated by an earthquake occurrence in 2004 which reached Indonesia, Thailand and Sri Lanka. Scientists explained the roots of vegetation that surround Asian mangroves and other forest wetlands helped to hold the sediments in place against the impact of strong winds and waves. 5. Natural engineering structures – Wetlands are natural dams absorbing heavy rainfalls, preventing floods or slowing

AJDM Notes 2014

down the flow of floodwaters. Most important is the fact that wetlands store water and, therefore, stabilize water supplies. 6. Sponge for freshwater – Wetlands help recharge groundwater aquifers to satisfy people’s need for drinking and agriculture. More than a billion people in Asia rely on groundwater for drinking while it was reported that in Europe, an estimated 65% of public water originates from groundwater sources. 7. Treasure trove of cultural heritage – Many wetlands featured in man’s march towards civilization and are now heritage sites and tourists destinations generating much income for the population. Among them are the Tonle Sap Lake in Siem Reap (Cambodia), Kalang River (Singapore), Inle Lake (Myanmar) and the coastal areas of the island of Mindoro (Philippines).

CONVENTION ON BIOLOGICAL DIVERSITY (CBD) -

is an international legally-binding treaty with three main goals: 1. Conservation of biodiversity; 2. Sustainable use of biodiversity; 3. Fair and equitable sharing of the benefits arising from the use of genetic resources.

Its overall objective is to encourage actions which will lead to a sustainable future. Subject to the rights of other States, and except as otherwise expressly provided for in the Convention, the provisions of the Convention apply, in relation to each Contracting Party:

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 30  

in the case of components of biological diversity, in areas within the limits of its national jurisdiction; in the case of processes and activities, regardless of where their effects occur, carried out under its jurisdiction or control, within the area of its national jurisdiction or beyond the limits of national jurisdiction.

Each Contracting Party must, as far as possible, cooperate with other Contracting Parties directly or, where appropriate, through competent international organisations both in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biological diversity. Each Contracting Party should, in accordance with its particular conditions and capabilities: 



develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programmes; integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral and cross-sectoral plans, programmes and policies.

Each Contracting Party should as far as possible: 





Identify components of biological diversity important for its conservation and sustainable use, having regard to the indicative list of categories set down in Annex I; Ionitor, through sampling and other techniques, the components of biological diversity identified, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use; identify processes and categories of activities which have or are likely to have significant adverse impacts on the conservation and sustainable use of biological diversity and

AJDM Notes 2014



monitor their effects through sampling and other techniques; maintain and organise, by any mechanism, data derived from identification and monitoring activities pursuant to the points set out above.

Each Contracting Party should, as far as possible, adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity. The Convention makes provision for the following: 



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Establishment and maintenance of programmes for scientific and technical education and training for the identification, conservation and sustainable use of biological diversity and its components and providing support for such education and training for the specific needs of developing countries; Encouragement of research which contributes to the conservation and sustainable use of biological diversity, particularly in developing countries; Promoting the use of scientific advances in biological diversity research in developing methods for conservation and sustainable use of biological resources.

Public education should be promoted and awareness enhanced to highlight the importance of biological diversity through the media and the inclusion of these topics in educational programmes. The Contracting Parties should facilitate the exchange of information, from all publicly available sources, relevant to the conservation and sustainable use of biological diversity, taking into account the special needs of developing countries (exchange of information on the results of technical, scientific and socio-economic research as well as information on training and surveying programmes, etc.).

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 31 The Convention emphasises the role of indigenous and local communities in conserving biodiversity. These populations heavily and traditionally depend on the biological resources on which their traditions are based.

WORLD HERITAGE CONVENTION (WHC) The World Heritage Convention aims to promote cooperation among nations to protect heritage around the world that is of such outstanding universal value that its conservation is important for current and future generations. It is intended that, unlike the seven wonders of the ancient world, properties on the World Heritage List will be conserved for all time. States that are parties to the Convention agree to identify, protect, conserve, and present World Heritage properties. States recognise that the identification and safeguarding of heritage located in their territory is primarily their responsibility. They agree to do all they can with their own resources to protect their World Heritage properties. They agree, amongst other things, as far as possible to: 

Adopt a general policy that aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programs

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Undertake 'appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage

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Refrain from 'any deliberate measures which might damage, directly or indirectly, the cultural and natural heritage' of other Parties to the Convention, and to help other Parties in the identification and protection of their properties.

AJDM Notes 2014

The Convention establishes a list of properties that have outstanding universal value, called the World Heritage List. These properties are part of the cultural and natural heritage of States that are Parties to the Convention. At August 2007 there were 851 sites on the World Heritage List. The List includes 660 cultural properties, 166 natural properties and 25 properties that meet both cultural and natural criteria. The only site ever removed from the World Heritage List was the Arabian Oryx Sanctuary (Oman) which was delisted in July 2007. A trust fund, the World Heritage Fund for the Protection of World Cultural and Natural Heritage of Outstanding Universal Value (the World Heritage Fund), is established under the Convention. The Fund is financed by contributions from state parties and contributions from private organisations and individuals. Funds are used when state parties request assistance to protect their World Heritage-listed sites, and to meet the urgent conservation needs of properties on the List of World Heritage in Danger. State parties can request international assistance from the World Heritage Fund for studies, provision of experts and technicians, training of staff and specialists, and the supply of equipment. They can also apply for long-term loans and, in special cases, nonrepayable grants.

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES (CITES) CITES is an international agreement signed by 176 nations designed to ensure that international trade in animals and plants does not threaten their survival in the wild. The treaty was drafted in Washington, D.C. in 1973 and entered into force in 1975. Species covered by CITES are listed in different appendices according to their conservation status:

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar

E n v i r o n m e n t a l L a w R e v i e w e r | 32

1. Appendix I includes species threatened with extinction and provides the greatest level of protection, including restrictions on commercial trade. (Example of species under Appendix I: tiger, Himalayan brown bear, elephant, and Tibetan antelope) 2. Appendix II includes species that although currently not threatened with extinction, may become so without trade controls. Regulated trade is allowed provided that the exporting country issues a permit based on findings that the specimens were legally acquired, and the trade will not be detrimental to the survival of the species or its role in the ecosystem. (Example of species under Appendix II: Hippopotamus, bigleaf mahogany, and the gray wolf) 3.

Appendix III includes species for which a country has asked other CITES Parties to help in controlling international trade. Trade in Appendix-III species is regulated using CITES export permits (issued by the country that listed the species in Appendix III) and certificates of origin (issued by all other countries). (Example of species under Appendix III: walrus, Hoffmann's two-toed sloth, and the red-breasted toucan)

INSTITUTIONAL ARRANGEMENTS IN THE INTERNATIONAL LEVEL

AJDM Notes 2014

Anything worth doing is worth doing poorly until you learn to do it well. -- Zig Ziglar