MMDA vs COMB

- Enforcement of the law or the very act of doing what the law exacts to be done is
ministerial in nature and may be compelled by mandamus.
- MMDA’s mandate under the Environmental Code is to perform cleaning in general and
not just to attend to specific incidents of pollution.

LA BUGAL – B’LAAN TRIBAL ASSOC vs RAMOS

- RA7942 are valid
- President may enter into agreements with foreign-owned corporations for the economic
growth and welfare of the country.
- Given the inadequacy of Philippine technology and capital in large-scale EDU activities,
the State may secure help from foreign companies in all relevant matters.

RA 6969 TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTE CONTROL ACT
OF 1990

Purpose: Control of Toxic Substances and Hazardous and Nuclear Waste

Overview: To control, supervise and regulate activities on toxic chemicals and hazardous
waste.

What is Regulated regarding Hazardous Waste:

1. Importation
2. Manufacture
3. Processing
4. Handling
5. Storage
6. Transportation
7. Sale
8. Distribution
9. Use and Disposal of Unregulated Chemical Substances
10. Entry
11. Transit
12. Storage and Disposal

Implementing Agency: DENR assisted by the Inter-Agency Advisory Council

Features: It provides for the regulation of all chemical substances that may pose threat to
public health and the environment.

Registration of the following is required 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 Deportation and
Barred from entry into the Philippines in case of foreigner
RA 7076 PHIL SMALL-SCALE MINING ACT (1991)
Authored by Senator Aquilino Pimentel Jr.
 Large deposits of Minerals in the Philippines
Gold
Silver
Cobalt
Copper

 Small-scale mining shall not be applicable for metallic minerals except gold, silver,
and chromite.

 Mining Stages:
Exploration
Extraction

 Mining Damages to the Environment/External Effects:

Pollution of Rivers and Seabeds
Acidification of Agricultural Plains
Unwanted pollution it creates.

 Police Power
It is through the use of the regulatory powers of the State that the private
sector is compelled to shoulder the costs of these externalities.

 Small-Scale Mining
Minimum activities, which rely heavily on manual labor using simple
implements and methods, and which do not use explosives or heavy mining
equipment.

 Small Miners
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.

 Purpose of the 7076:

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
3. To provide technical, financial and marketing assistance and efficient collection
of government revenues.

 Extracting Equipments:
Pick and Shovel

 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.

 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.

 Implementing Agency:
Provincial/City Mining Regulatory Board (P/CMRB) created under the direct
supervision and control of the Secretary.
  Prohibited Acts

Awarded contracts may canceled on the following grounds:

1. Non-compliance with the terms and conditions of the contract and that of
existing mining laws.
2. Non-compliance with the contractor's obligations to existing mining claim
holders/private landowners as stipulated in Section 13, 17 and 18 of this
Order;
3. Non-payment of fees, taxes, royalties or government share;
4. Abandonment of mining site by the contractor; and
5. Ejectment from the People's Small-scale Mining Area of the Contractor
by the government for reasons of national interest and security.

EO 79 INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE MINING

SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE ENVIRONMENTAL
PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION OF MINERAL
RESOURCES

Purpose:
Sets the policy and framework that will guide the Government and Stakeholders in the
implementation and operation of mining laws.

All existing mining contracts, agreements and concessions approved before the effectivity
of the EO are still considered valid.

Areas Closed to Mining Applications (Sec. 1)

a) National Tourism Development Plan
b) Critical Areas and Island Ecosystems
c) Prime Agricultural Lands;
d) Agricultural and Fisheries Development Zones
e) Determined under Existing Laws

Mineral Reservations (Sec. 5) Potential and future mining areas with known strategic mineral
reserves and resources for the development of strategic industries.

Competitive Public Bidding (Sec. 6)

The grant of mining rights and mining tenements over areas with known and verified
mineral resources and reserves shall be undertaken through competitive public bidding.
The Mines and Geosciences Bureau (MGB) shall prepare the necessary competitive bid
packages.

Disposition of Abandoned Ores and Valuable Metals in Mine Wastes and Mill Tailings (Sec.
7)
Goes to the State and shall be developed and utilized through competitive public bidding
in accordance with the pertinent provisions of law.

To improve and address issues on small-scale mining, the following measures shall be
undertaken (Sec. 11):
a) Small-scale mining activities shall comply with People’s Small-Scale Mining Act
of 1991, and the Environmental Impact Statement System requirements;
b) Small-scale mining operations shall be undertaken only within the declared
People’s Small-Scale Mining Areas or Minahang Bayan;
c) P/CMRBs in provinces and cities where they have not been constituted shall be
operationalized within three (3) months from the effectivity of this Order;
 d) Small-scale mining shall not be applicable for metallic minerals except gold,
silver, and chromite;
e) The use of mercury shall be strictly prohibited;
f) Training and capacity building measures in the form of technical assistance shall
be conducted by the concerned government agencies.

A Mining Industry Coordinating Council (MICC) is created (Sec. 13)

To implement the EO and other industry reforms, conduct dialogue with stakeholders,
and review all existing mining-related laws and rules.

For better transparency and governance

The DENR will commit to participate in and implement the global standards specified by
the Extractive Industries Transparency Initiative (EITI), and create a centralized industry database
and a map system.

RA 9147 WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT

Objectives:
 Conserve and protect wildlife species and their habitats to promote ecological balance
and enhance biological diversity;
 Regulate the collection and trade of wildlife;
 Pursue the Philippine commitment to international conventions, protection of wildlife and
their habitats; and
 Support scientific studies

Jurisdiction of the Department of Environment and Natural Resources and the Department
of Agriculture
 DENR shall have jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, water birds and all
amphibians and dugong.
 The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic
critical habitats, all aquatic resources including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong.
 The secretaries of the DENR and the DA shall review, and by joint administrative order,
revise and regularly update the list of species under their respective jurisdiction.
 In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan
Council for Sustainable Development pursuant to Republic Act No. 7611.

Sec 7. Collection of Wildlife

 Collection of wildlife may be allowed, provided appropriate and acceptable wildlife
collection techniques with no detrimental effects to the existing wildlife populations and
their habitats shall be required.
 That collection of wildlife by indigenous people may be allowed for traditional use and not
primarily for trade, provided that collection and utilization shall not cover threatened
species
 That Section 23 of this Act shall govern the collection of threatened species.

Sec 8. Possession of Wildlife

 No person or entity shall be allowed possession of wildlife unless such person or entity
can prove financial and technical capability and facility to maintain said wildlife, provided
that the source was not obtained in violation of this Act.

Sec 11. Exportation and/or Importation of Wildlife

 Wildlife species may be exported to or imported from another country as may be
authorized by the Secretary or the designated representative
  That the recipient of the wildlife is technically and financially capable to maintain it.

Sec 13. Introduction of Exotic Wildlife

 No exotic species shall be introduced into the country, unless a clearance from the
Secretary or the authorized representative is first obtained.
 In cases where introduction is allowed, it shall be subject to environmental impact study
which shall focus on the bioecology, socioeconomic and related aspects of the area
where the species will be introduced.
 The proponent shall also be required to secure the prior informed consent from the local
stakeholders.

Economically Important Species species, which have actual or potential value in trade or
utilization for commercial purpose

RA 7279 URBAN DEVELOPMENT AND HOUSING ACT OF 1992

Purpose: To uplift the conditions of the underprivileged and homeless citizens in urban areas
and in resettlement areas by making available to them decent housing at affordable cost, basic
services, and employment opportunities.

EO 648 REORGANIZING THE HUMAN SEETLEMENT COMMISSION

Purpose: It is national policy to promote innovative land development and land use control
measures as a technology for building communities.

Optimum use of land as a natural resource for public welfare rather than as a commodity
of trade subject to the price speculation and indiscriminate use.

Commodity – a good or service whose wide availability typically leads to smaller profit margins
and diminishes the importance of factors.

PD 957 SUBDIVISION AND CONDOMINIUM BUYER’S PROTECTIVE DECREE

Purpose: To protect the buyers of condominiums and subdivision developments against

misinterpretations and fraudulent activities of developers, sellers, and operators. (Rights of the
Buyer)

Grounds for Revocation of Registration Certificate and License to Sell:

1. Insolvent
2. Violated any provisions of this Decree
3. Engaged or about to be engaged in fraudulent transactions
4. Misrepresentation in any of the project literature distributed to buyers
5. Bad business repute
6. Business not in accordance with the law

Non-Forfeiture of Payments
No installment payment made by a buyer shall be forfeited in favor of the owner or
developer when the buyer, after due notice to the owner or developer desists from further
payment. Such buyer may at his option be reimbursed the total amount paid including
amortization interests but excluding delinquency interests, with interest thereon at the legal rate.

Options of buyers in case of delays

1. Desist from further payment
2. Demand to be reimbursed the total amount paid excluding delinquency interests
No Down Payment – Simply means no lump sum amount added in the down payment to
purchase the unit. Down payment is stretched out on to the term given.

Nullity of Waivers – Any stipulations on the sale whereby any person waives compliance under
the rules and regulations herein shall be void.