f. Tech Development Inc. v. CA 6.

While petitioner was able to present a temporary permit to operate by the then National Pollution
G.R. No. 94759, Jan. 21, 1991, 201 SCRA Control Commission on December 15, 1987, the permit was good only up to May 25, 1988.
FACTS: Technology Developers, a corporation engaged in the manufacture and export of charcoal Petitioner had not exerted any effort to extend or validate its permit much less to install any device
briquette, received a letter from acting mayor Pablo Cruz: 1) ordering the full cessation of its plant to control the pollution and prevent any hazard to the health of the residents of the community.
in Guyong, Sta. Maria, Bulacan until further order, and 2) requesting its Plant Manager to bring Court takes note of the plea of petitioner focusing on its huge investment in this dollar-earning
before the office of the mayor its building permit, mayor's permit, and Region III--Pollution of industry. It must be stressed however, that concomitant with the need to promote investment and
Environment and Natural Resources Anti--Pollution Permit. Technology Developers undertook to contribute to the growth of the economy is the equally essential imperative of protecting the health,
comply with the request to produce the required documents. It sought to secure the Region III- nay the very lives of the people, from the deleterious effect of the pollution of the environment. The
Pollution of Environment and Natural Resources Anti--Pollution Permit although prior to the well-known rule is that the matter of issuance of a writ of preliminary injunction is addressed to the
operation of the plant, a Temporary Permit to Operate Air Pollution Installation was issued to it. sound judicial discretion of the trial court and its action shall not be disturbed on appeal unless it is
Petitioners also sent its representatives to the office of the mayor to secure a mayor’s permit but demonstrated that it acted without jurisdiction or in excess of jurisdiction or otherwise, in grave
were not entertained. Eventually, the acting mayor ordered that the plant premises be padlocked, abuse of its discretion. By the same token the court that issued such a preliminary relief may recall
effectively causing the stoppage of or dissolve the writ as the circumstances may warrant. Petition denied.
operation. This was done without previous and reasonable notice. Technology Developers then
instituted an action for certiorari, prohibition and mandamus with preliminary injunction against the
acting mayor with Bulacan RTC, alleging that the closure order was issued in grave abuse of
discretion. The RTC found that the issuance of the writ of preliminary mandatory injunction was
proper, ordering the acting mayor to immediately revoke his closure order and allow Technology
Developers to resume its normal business operations until the case has been adjudicated on the
merits. Upon MR, the Provincial Prosecutor presented evidence as to the allegation that "Due to
the manufacturing process and nature of raw materials used, the fumes coming from the factory
may contain particulate matters which are
hazardous to the health of the people. As such, the company should cease operating until such a
time that the proper air pollution device is installed and operational." Reassessing the evidence,
the RTC set aside its order granted the writ of preliminary mandatory injunction. The CA denied
Technology Developer's petition for certiorari for lack of merit

ISSUE:W/N the acting mayor had a legal ground for ordering the stoppage of Technology
Developer

HELD: YES. The following circumstances militate against the maintenance of the writ of
preliminary injunction sought by petitioner:
1. No mayor's permit had been secured. While it is true that the matter of determining whether
there is a pollution of the environment that requires control if not prohibition of the operation of a
business is essentially addressed to the Environmental Management Bureau of the Department of
Environment and Natural Resources, it must be recognized that the mayor of a town has as much
responsibility to protect its inhabitants from pollution, and by virtue of his police power, he may
deny the application for a permit to operate a business or otherwise close the same unless
appropriate measures are taken to control and/or avoid injury to the health of the residents of the
community from the emissions in the operation of the business.

2. The Acting Mayor called the attention of petitioner to the pollution emitted by the fumes of its
plant whose offensive odor "not only pollute the air in the locality but also affect the health of the
residents in the area," so that petitioner was ordered to stop its operation until further orders.

3. This action of the Acting Mayor was in response to the complaint of the residents of Barangay
Guyong, Sta. Maria, Bulacan, directed to the Provincial Governor through channels.

4. The closure order of the Acting Mayor was issued only after an investigation was made by
Marivic Guina who in her report observed that the fumes emitted by the plant goes directly to the
surrounding houses and that no proper air pollution device has been installed.
5. Petitioner failed to produce a building permit from the municipality of Sta. Maria, but instead
presented a building permit issued by an official of Makati on March 6, 1987.

Presidential Decree No. 1151/Philippine Environmental Policy
Enactment and Implementation: June 6, 1977
Purpose: To protect the right of the people to a healthy environment through a requirement of
environmental impact assessments and statements
Control Area: Nationwide
Overview:
- Conflicting demands of population growth, urbanization, industrial expansion, rapid natural
resources utilization, and increasing technological advances have resulted in a piecemeal-
approach concept of environmental protection.
- The tunnel-vision concept is not conducive to the attainment of an ideal environmental situation
where
man and nature can thrive in harmony with one another.
- There is now an urgent need to formulate an intensive, integrated program of environmental
protection that will bring about a concerted effort towards the protection of the entire spectrum of
the environment through a requirement of environmental impact assessments and statements.
Features
- 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
- In pursuing this policy , it shall be the responsibility of the government, in cooperation of
concerned private 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 fulfill 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
nonrenewable resources.
- 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.
- 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:
o the environmental impact of the proposed action,
project, or undertaking;
o any adverse environmental effect which cannot be avoided should the proposal be
implemented;
o alternative to the proposed action;
o 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
o whenever a proposal involves the use of depletable or nonrenewable resources, a finding must
be made that such use and commitment are warranted.
PD 705 [ Forestry Reform Code]
Forest management in the Philippines is governed by Presidential Decree No. 705, also known as
the “Revised Forestry Code of the Philippines”. Issued on 19 May 1975, the decree, specifically
Section 2, outlines the policies of the state for the management of forest resources as follows:
1. Multiple use of forestland shall be oriented to the country’s development and progress
requirements, the
advancement of science and technology and the public welfare;
2. Land classification and survey shall be systematized and accelerated;
3. The establishment of wood-processing plants shall be encouraged and rationalized; and
4. The protection, development and rehabilitation of forestlands shall be emphasized so as to
ensure continuity in production.
For the purpose of implementing the provisions of this Code, the Bureau of Forestry, the
Reforestation
Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife
Office are merged into single agency to be known as the Bureau of Forest Development (sect. 4).
The Bureau shall have jurisdiction and authority over all forest land, grazing lands, and all forest
reservations including watershed reservations presently administered by other government
agencies. The Bureau shall be directly under the control and supervision of the Secretary of the
Department of Natural Resources,
hereinafter referred to as the Department Head (sect. 7). The Department Head, upon the
recommendation of the Director of Forest Development, shall promulgate the rules and regulations
necessary to implement effectively the provisions of this Code (sect. 9). The Agency shall have
divisions, including a Wildlife and Parks Division, and district and regional offices, here created.
The Department Head shall prescribe the criteria, guidelines and methods for the proper and
accurate classification and survey of all lands of the public domain into agricultural, industrial or
commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and into such
other classes as now or may hereafter be provided by law, rules and regulations (sect. 13). Areas
needed for forest purposes are outlined in section 16.Chapter III provides for matters relating to
use of forest resources, such as licenses, license agreements, leases and permits for purposes of
utilize, exploit, occupy, possess or conduct any forestry activity, harvesting methods (sect. 22),
timber inventory, annual allowable cut (sect. 26), forest concessions (sect. 28), wood processing
industry, reforestation (sect. 33). industrial tree plantations, tree farms and agro-forestry farms
(sect. 34), forest protection (sects. 37 to 53), including protection of swamplands and mangrove
forests (sect. 43), forest roads, etc. This Chapter also makes provision for special uses of forest
resources, such as grazing, wildlife, and recreation, and for the measuring of timber. The last part
(Chap. IV) of this Act prescribes criminal offences, including unlawful occupation or destruction of
forest lands and grazing lands. (92 sections)
Indigenous Peoples Rights Act RA 8371
(connected to Convention on Biodiversity Act)
ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON
INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION 2. Declaration of State Policies. — The State shall recognize and promote all the rights
of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within
the framework of the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national
unity and development;
b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of customary laws
governing property rights or relations in determining the ownership and extent of ancestral domain;
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop
their cultures, traditions and institutions. It shall consider these rights in the formulation of national
laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy
the full measure of human rights and freedoms without distinction or discrimination;
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their
rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs
benefit on an equal footing from the rights and opportunities which national laws and regulations
grant to other members of the population; and
f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for
cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as
well as other services of ICCs/IPs, in order to render such services more responsive to the needs
and desires of these communities. Towards these ends, the State shall institute and establish the
necessary mechanisms to enforce and guarantee the realization of these rights, taking into
consideration their customs, traditions, values, beliefs, interests and institutions, and to adopt and
implement measures to protect their rights to their ancestral domains.
Section 3. Definition of Terms. For purposes of this Act, thefollowing terms shall mean:
a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to
ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under
a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by government and private
individuals, corporations, and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise, hunting grounds, burial
grounds, worship areas, bodies of water, mineral and other natural resources, and lands which
may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to
for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized
by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under claims of individual or traditional group
ownership,continuously, to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of government projects and other
voluntary dealings entered into by government and private individuals/corporations, including, but
not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;
h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or
homogenous societies identified by self-ascription and ascription by other, who have continuously
lived as organized community on communally bounded and defined territory, and who have, under
claims of ownership since time immemorial, occupied, possessed customs, tradition and other
distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and culture, became historically differentiated from the
majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the country, at the time of conquest
or colonization, or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own social, economic,
cultural and political institutions, but who may have been displaced from their traditional domains
or who may have resettled outside their ancestral domains;
k) National Commission on Indigenous Peoples (NCIP) - refers to the office created under this Act,
which shall be under the Office of the President, and which shall be the primary government
agency responsible for the formulation and implementation of policies, plans and programs to
recognize, protect and promote the rights of ICCs/IPs;
l) Native Title - refers to pre-conquest rights to lands and domains which, as far back as memory
reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public
lands and are thus indisputably presumed to have been held that way since before the Spanish
Conquest;
o) Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs to sustainably
use,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other
organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of
economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs,
systems and practices; and
p) Time Immemorial - refers to a period of time when as far back as memory can go, certain
ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined
territory devolved to them, by operation of customary law or inherited from their ancestors, in
accordance with their customs and traditions.