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1.

The country is faced with the twin challenge of accelerating and maintaining economic growth
and making sure that growth involves and benefits a broad spectrum of sectors throughout the
country, because past economic growth has marginally benefited the poor.
2. Natres Law is based on the ff Constitutional provisions:
a. Article 1 National Territory
b. Art 2, Sec 15: right to health, instil consciousness
c. Art 2, Sec 16: balanced and healthful ecology consistent with the rhythm of nature
d. Art 2, Sec 22: Indigenous Cultural Communities
e. Art 2, Sec 25: autonomy of local gov
f. Art 3, Sec 7: information on matters of public concern
g. Art X, Sec 4: Power of President over LGUs
h. Art X, Sec 5: LGU empowered to source revenue
i. Art X, Sec 7: LGU equitable share in national wealth
j. Art x, Sec 15: ARMM, CAR
k. Art XII, Sec 1: goal of economy to be equitable in distribution of wealth
l. Art XII, Sec 2: Regalian Doctrine, alienation of land, except indigenous and longterm
occupants. Quantum of evidence preponderance and positive and absolute proof
m. Art XII, Sec 4: Congress determine limits of forest and parks
n. Art XII, Sec 5: protect rights of IPRA
3. In Oposa vs Factoran, this right of balanced and healthful ecology is paramount and immediately
enforceable, such that govt agencies can be compelled to perform their mandated functions to
protect the environment. It carries with it correlative duty to refrain from impairing the
environment.
4. The twin concepts of Inter-generational responsibility: to sue in behalf of succeeding
generations` and Inter-generational justice
5. Cory Aquino promulgated on June 10, 1987 EO 192, Sec 4 mandating DENR as the primary
agency responsible for the conversation, management, development and proper use of
resources. Preceeding PD 1151 (Phil Env. Policy) and PD 1152 (Phil Env Code)
6. IPRA law 1997 ( RA 8371) recognizing applicability of customary laws governing property rights
or relations in determining the ownership and extent of ancestral domain.
7. Ancestral Domains; All areas generally belonging to ICC/IP held under a claim of ownership,
occupied, possessed by them since time immemorial up to present.
8. ICC/IP- group of people or homogenous societies identified by self ascription and ascription by
others who have continuously lived as organized community on communally bounded and
defined territory, and who have under claims of ownership, occupied, possessed since time
immemorial.
9. Panganiban: IPRA law corrects grave historical injustices to the indigenous people. It is a
preconquest right, a native title. Deemed never to have been public lands. Certificated of
Ancestral Domain (CAD) Title.
10. Custom from which customary law is derived is to be applied in casese where no codal provision
is applicable. This is the primary source of rights of IPRA.
11. MAJOR Environment Laws
a. Act 3572: Prohibit Cutting of Tinadalo, Akle, Milaive
b. AM 09-6-8 SC: Rules of Procedure for Writ of Kalikasan
c. PD 705: Revised Forestry Code
d. PD 856: Code of Sanitation
e. PD1067: Water Code of Phils.
f. RA 7586: NIPAS: National Integrated Protected Areas System Act 1992
g. IPRA 1997 RA 8371
h. RA 8550: Fisheries Code 98
i. RA 8749: Clean Air Act
j. RA 9003 : Solid Waste Management 2000
12. International Agreements: (Art 7, Sec 21) The Philippines adopts generally accepted principles of
international law as part of the law of the land. However, requires 2/3 vote of Senate to ratify
before it can take effect. Must not contravene the Constitution.
13. How is economic growth relevant to the management of environment and natural resources?
Economic activities are dependent on natural resources.
14. DENR created in 1987 by EO 192 primarily responsible for the management, conservation,
development and proper use of ENR, specifically forest and grazing lands, mineral resources and
lands of public domain and licensing and regulation of all Natres.
15. DEPT PROPER: Secretary, Office of Undersec, Office of Asec, Public Affairs Office, Special
Concerns Office, Pollution Adjudication Board. STAFF BUREAU: Forest Management, Land
Management, Protected Areas and Wildlife, Ecosystems and Research Devt. 16 Regions, 73
Provincial, 171 Community Offices.
16. Other major agencies with ENR functions: DA, BFAR, NCIP, NAPOCOR, PNOC, DTI, DPWH
17. Legislature participates in ENR management 2 ways: ENACTMENT of ENR laws and
APPROPRIATION laws.
18. JUDICIARRY influences thru power of Judicial Review. Power to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine WON there
has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the govt.
19. Philippine Environemntal Policy PD 1151: system of EIS. Hinged on sustainable development and
intergenerational responsibility. Policies (1) create, develop, maintain and improve conditions
under which man and nature can thrive in productive and enjoyable harmony (2) to Fulfill the
social, economic and other requirements of present and future generations of Filipino and (3)
Ensure the attainment of an environmental quality that is conducive to a life of dignity and well-
being.
20. EIS-to include in every project which significantly affects the quality of the environment a
detailed statement on the ff shall be submitted:
a. The environmental impact of the project/undertaking
b. Adverse environmental effect which cannot be avoided should the proposal be
implemented.
c. Alternative to the proposed action
d. Determination of short term use in consistent with maintenance of longterm
productivity.
e. If use of depletable or non-renwable respurce, finding must be made that such use are
warranted.
21. Before EIS is issued, all agencies having expertise on the Subject matter shall comment on the
draft.
22. EIS- is a process that involves predicting and evaluating the likely impacts of a project on the
environment during construction, commissioning and operation and abandonment. Includes
designing preventive, mitigating and enhancement measures addressing these consequences to
protect the environment and communitys welfare.
23. Positive determination by the EMB, results to issuance of Environment Compliance Commitment
(ECC) allowing the project to proceed to next stage.
24. EI Statement- generic tool
25. PD 1586 list of categories: Critical and Non Critical Areas (non required for EIA)
26. Critical Projects:
a. Heavy Industies: metal, iron, steel mills, petrol, petro-chem, smelting plants
b. Resource Extractive Industries: Mining, Quarry, Forestry, Fisheries projects (dike)
c. Infra: dams, power plants, reclamation, roads and bridges
27. Critical Areas:
a. Parks, watersheds, wildlife preserves
b. Tourist spots
c. Habitat for endangered animals
d. Uniqque, Historic, Scientific interest areas
e. Occupied by ICC
f. Frequently hit by calamities
g. Critical Slopes
h. Prime Agricultural lands
i. Aquifers
j. Water bodies tapped for domestic use and supports wildlife
k. Mangrove
l. Coral reefs
28. In general, only projects that pose potential significant impact shall be required to secure ECC.
29. 2 Factors for EIS Scope (1) Nature of project and potential cause and negative impact (2)
sensitivity of EN in the area.
30. Criteria to determine coverage of EIS System
a. Characteristic of project: size, generation of waste, hazards and risks of accidents
b. Location: disturbance due to ecological importance, conformity to zoning, abundance
and regenerative capacity
c. Natureof potential impact: geographic extent, magnitude/complexity
31. CATEGORIES: (A) ECP-Critical, (B) Non Critical but may still cause because they are located in a
Critical Area (C) Projects intended to enhance environmental quality or address existing problem
not falling under A and B. Required PROJECT DESRIPCTION (D) Unlikely to cause impacts. Secure
CNC.
32. EIS must contain
a. EIS Executive Summary
b. Project Description
c. Matrix of Scoping Agreement
d. Baseline environmental conditions
e. Impact Assessment
f. Environmental Risk Assessment
g. Supporting docs
h. Proposals for Environmental Monitoring and Guarantee Funds
i. Accountability Statement of EIA Consultants and proponents
j. Other Clearances.
33. Republic vs Davao: Not identified as critical area and project
34. Boracay Case: EIA is a process that involves predicting and evaluating the likely impacts of a
project. Also designing preventive, mitigating and enhancement measures.
35. Pjil Devt Plan (PDP) 2011-2016 : outlines the policy priorities of the government in the medium
term. Template for specific programs and actions that agencies with specific mandates include
in their annual plans and budgets. Twin goals of economic growth and poverty alleviation as
components of overall goal of inclusive growth.
36. Major goals: conserving remaining natural resources and preserving a clean and healthy
environment. Climate Change adaptation and disaster management
37. FOREST and FORESTLAND MANAGEMENT: The legal status of the land determines what
activities may or may not be conducted. Forest lands do not have to be on mountains. The
classification is descriptive of its legal nature or status and does not have to be descriptive of
what the land actually looks like .
38. Lands 18% in slope or over already declared as alienable shall be reverted to the classification of
forest lands to form part of the forest reserves, unless they are already covered by existing titles
approved public land application or actually occupied openly, continuously, adversely and
publicly for not less than 30 yrs.
39. Ff lands even if they are below 18 percent in slope are needed for forest purposes and may not
be classified as alienable and disposable land.
a. Areas less than 250 hectares which are far and not contiguous with any certified
alienable and disposable land
b. Isolated patches of forest of at least 5 hectares with rocky terrain or protects a spring
for communal use
c. Areas which have already been reforested
d. Areas within forest concessions which are timbered or have good residual stocking to
support an existing or approved to be established, wood processing plant.
e. Ridge tops and plateaus
f. Strips of mangrove or swamplands 20 meters wide along shorelines
g. Areas needed for national parks, historical sites, game refuges and wildlife sanctuaries
40. Lumber- timber or logs especially after being prepared for the market. Wood suitable or
adapted for various building purposes. Lumber is necessarily included under FOREST Products.
Lumber is thus, a processed log or processed forest raw material. Words used in a statue should
be given plain, ordinary and common usage meaning, sans legislative intent to the contrary.
41. POLICY ANALYSIS: Primary law on Forestry is PD 705 Revised Forestry Code in 1975. Has
utilitarian policy but introduced the idea of sustainable use of forest resources.
42. Addressed through issuance of license agreements, licenses, permits. But gives the President
the power to rescind any privilege granted in consideration of national interest. Criminalization
of these activities emphasize the importance of ensuring sustainability of forest productivity to
secure its continued contribution of the timber industry.
43. LEASE- privilege granted by the State to occupy and possess any forest land of public domain.
44. LICENSE-utilize forest resources within forest land without any right of occupation and
possession or establish a wood processing plant
45. LICENSE AGREEMENT-utilize with right of possession and occupation with obligation to develop,
protect and rehabilitate the same
46. PERMIT-short term privilege granted to utlize limited forest resources without any right of
possession or occupation.
47. DENR AO 24: States gradual shift on its approach from utilitarian to conservationist
protectionist and implemented a nationwide ban on logging activities in all Old Growth Virgin
Forests and limited to only Second Growth Residual Forest.
48. EO 263, 1995: Community based forest management .
49. EO 23: moratorium on all logging activities, restricts granting and renewing any logging contract
or agreement
50. Community base management gives equitable access to forest lands with the responsibility of
forest protection through longterm tenurial agreements
51. WILDLIFE BIODIVERSITY CONSERVATION: There are 2 laws that apply to wildlife cases: Wildlife
Act and Fisheries Code.
52. Wildlife means wild forms and varieties of flora and fauna in all developmental stages
53. Collection may be allowed provided that collection techniques with least detrimental effects are
used. Also by indigenous people for traditional use. By products and derivatives may be
collected.
54. Economically Important Species-population of such species can still remain viable and capablke
of recovering its numbers.
55. Collection of threatened wildlife and by products may be allowed only for scientific or breeding
and propagation purposes.
56. Killing and destroying is permitted (sec 27 RA 9147 Wildlife Protection and Conservation Act)
when (1) done as part of religious rituals of established tribal groups or indigenous cultural
communities (2) When afflicted with an incurable disease (3) when it is deemed necessary to
put an end to the misery suffered by the wildlife (4) Done to prevent imminent danger to the life
and limb of a human (5) For research or experiments.
57. RA 8550 Fisheries Code of 98: Conservation and rehabilitation for rare threatened and
endangered aquatic products. Lease, License or Permit is required.
58. 2 Environmental Issues often related to biodiversity and wildlife: biosafety and bioprospecting.
Biosafety refers to a condition in which the probability of harm, injury and damage resulting
from the intentional and unintentional introduction and use of a regulated article is within
acceptable and manageable level. BIOPROSPECTING means the research, collection and
utilization of biological and genetic resources for purposes of applying the knowledge derived
there.
59. GMO is a product of genetic engineering that allows for the selection and transfer of specific
genes from one organism to another. Risk is the danger of GENE FLOW which will hybridize their
wild relatives resulting to transfer of genes causing occurrence of superweeds and extinction of
wild relatives of GM crops. And Genetic Pollution.
60.

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