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POLICY
It is hereby declared 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, and (c) to insure the
attainment of an environmental quality that is
conducive to a life of dignity and well-being.
GOAL: (pertains to sustainable development/wise use
concept during this time was not yet recognized or
known)
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,
ISSUES:
OTHER TOPICS:
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance
and NPEX is
FACTS:
the
environmental
ISSUES:
(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.
HELD:
(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
countrys 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 obligation to ensure the
protection of that right for the generations to come.
(2) NO. The Court does not agree with the trial courts
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.
The complaint focuses on one specific fundamental
legal rightthe 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.
ENVIRONMENTAL
IMPACT
Section
4.
Presidential
Proclamation of
Environmentally Critical Areas and Projects. - The
President of the Philippines may, on his own initiative or
upon recommendation of the National Environmental
Protection Council, by proclamation declare certain
projects, undertakings or areas in the country as
environmentally critical. No person, partnership or
corporation
shall undertake or operate any such declared
environmentally critical project or area without first
securing an Environmental Compliance Certificate
issued by the President or his duly authorized
representative.
FEATURES:
EIA procedure
1. heavy industries,
3. infrastructure projects,
ed
scientific interests
itionally occupied by cultural
communities or tribes
by natural
calamities (geologic hazards, floods, typhoons, volcanic
activity, etc.)
1.
2.
3.
4.
5.
6.
Screening
Scoping
EIA Study and Report Preparation
EIA Report Review and Evaluation
Decision Making
Monitoring Validation and Evaluation
Facts:
On 30 June 1997, Regional Executive Director Antonio
G. Principe (RED Principe) of Region IV, Department
ofEnvironment and Natural Resources (DENR), issued an
Environmental Clearance Certificate (ECC) in favor of
respondent National Power Corporation (NAPOCOR).
The ECC authorized NAPOCOR to construct a temporary
mooring facility in Minolo Cove, Sitio Minolo, Barangay
San Isidro, Puerto Galera, Oriental Mindoro. The
Sangguniang Bayan of Puerto Galera has declared
Minolo Cove, a mangrove area and breeding ground for
bangus fry, an eco-tourist zone.
The mooring facility would serve as the temporary
docking site of NAPOCORs power barge, which, due to
turbulent waters at its former mooring site in Calapan,
Oriental Mindoro, required relocation to a safer site like
Minolo Cove. The 14.4 megawatts power barge would
provide the main source of power for the entire
province of Oriental Mindoro pending the construction
of a land-based power plant in Calapan, Oriental
Mindoro. The ECC for the mooring facility was valid for
two years counted from its date of issuance or until 30
June 1999.
Petitioners, claiming to be fisherfolks from Minolo, San
Isidro, Puerto Galera, sought reconsideration of the ECC
issuance.
for the
fisheries
preservation,
and
(1) Ecosystems Research and Development Bureauprincipal research and development (R & D) unit of
DENR. Its R & D and extension activities are focused on
the 5 major ecosystems of the 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 countrys 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:
policies, guidelines, rules
and regulations for the establishment and management
of an Integrated Protected Areas Systems such as
national parks, wildlife sanctuaries and refuge, marine
parks, and biospheric reserves;
-to-date listing of endangered
Philippine flora and fauna and recommend a program of
conservation and propagation of the same;
be assigned by the
Secretary and/or provided by law.
7. POLLUTION ADJUDICATORY BOARD
The Pollution Adjudication Board (PAB) is a quasijudicial 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.
7.1CASE: PAB vs CA
FACTS:
Solar Textile Finishing Corporation was involved in
bleaching, rinsing, and dyeingtextiles 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 antipollution statutory and regulatory provisions have been
remarkably forbearing, enforced the applicable
standards vis--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.
Boards subsequent order allowing Solar to
operate temporarily rendered Solars petition
moot and academic.
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 CAs
decision. It claimed that ex-parte order with writ was
issued in accordance with law. It claimed that under PD
984, Sec.
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 theres 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
7.3 CASE: TANO VS. SOCRATES 278 SCRA 154
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 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