A.
1992 and entered into force on 29 December
FOR OUR DISCUSSION OF MINING LAWS N
OCTOBER 11, be able to answer the following (your
readings of assignments should give you the answers):
1. Know the forms of mineral agreements stated in
the Constitution (Art XII) and under mining laws
2. What are the constitutional bases of RA 7942:
Philippine Mining Act of 1995
3. Give the four (4) modes of Exploration,
Development and Utilization of Natural resources
4. Ownership of Mineral Resources
5. Is the DENR Secretary empowered to withdraw
lands from forest reserves and to declare the
same as an area open for mining operations?
6. Areas Closed to Mining Operations
7. permits issued under the mining act
8. La Bugal B’laan Tribal Association v. Ramos
case (previously assigned)
 Are the agreements stated in the Constitution
limited to only MPSA, JVA and CPA or FTAA?
 be able to explain the degree of control of the
State in mining agreements
9) Entry by holders of mining rights into Private Lands
and Concession Areas, subject to prior notification
10) understand from the law the Types of mining
disputes
11) what are the Grounds for Cancellation, Revocation
and Termination of permits
12) understand the Penal Provisions of the law
B.
FOR THE DISCUSSION ON THE NATIONAL
INTEGRATED PROTECTED AREA SYSTEM LAW
(REPUBLIC ACT NO. 7586), learn the following:
1. What is NIPAS?
2. What are the protected areas?
3. PICOP v. Base Minerals Corp case (previously
assigned)
4. Prohibited acts under NIPAS
5. manner of establishing a protected area
6. understand the nature of buffer zones under
Section 8
7. purpose and components of a management plan
under Section 9
8. administration and management of the system
9. environmental impact assessment
10. sections 13, 14, 18
11. correlate with Convention on Biological
Diversity (CBD) that was opened for signature at
the Earth Summit in Rio de Janeiro on 5 June
1993
12. Resident Marine Mammals case on the
application of NIPAS law
C.
STUDY ALSO Wildlife Resources Conservation and
Protection Act (Republic Act No. 9147).
ADDITIONAL STUDY MATERIALS:
1. RA 9593, with emphasis on Section 33
2. Republic Act (R.A.) No. 10067,3 otherwise known as
the "Tubbataha Reefs Natural Park (TRNP) Act of 2009"
3. Arigo, et al vs Swift, et al, EN BANC, G.R. No.
206510, September 16, 2014
4. PICOP RESOURCES, INC., petitioner,
vs. BASE METALS MINERAL RESOURCES
CORPORATION, and THE MINES ADJUDICATION
BOARD, respondents, .G.R. No. 163509, December 6,
2006
5. EO 79, issued July 6, 2012, with emphasis on Section
1
6. RA 9729 (Climate Change Act), with emphasis on
Section 2
7. RA 9367 (Biofuels Act), with emphasis on Section 2
8. RA 10174 (People's Survival Fund), with emphasis on
Section 1
9. EO 193 (Expansion of National Greening Program),
issued on November 12, 2015
10. EXECUTIVE ORDER NO. 247 May 18, 1995
(GUIDELINES AND A REGULATORY FRAMEWORK
FOR THE PROSPECTING OF BIOLOGICAL AND
GENETIC RESOURCES, THEIR BY-PRODUCTS AND
DERIVATIVES, FOR SCIENTIFIC AND COMMERCIAL
PURPOSES)
11. Republic Act No. 8485 (Animal Welfare Act) with
emphasis on Section 7
12. Republic Act No. 8371 (IPRA), with emphasis on
Sections 9, 35, 36, 58, 72
13. Republic Act No. 6657 (CARP law) with emphasis on
Section 10
14. Republic Act No. 9275 (Clean Water Act) with
emphasis on Sections 27 and 28
1.1067 - Water Code
2) RA 9483 - Oil Pollution Compensation Act
3) Local Government Code (RA 7160) - Section 3(i),
Section 26 ,Section 27, Section 287, Sections 447(2)(vii)
and 447(2)(ix), as well as Sections 458(2)(vii), 458(2)(ix)
and 468(2) (vii)}.
4) PD 979 - Marine Pollution Decree of 1976
5) PD 600 as amended by PD 601 and PD 979 - Coast
Guard Law
6) PD 602
7) Clean Water Act (RA 9275)
8) Wildlife Conservation Act (RA 9147)
9) Indigenous Peoples’ Rights Act (RA 7942) on
recognition of the concept of ancestral waters
9) .Section 6, Section 10 of EO 533
10) International Treaties:
  United Nations Convention on the Law of the
Sea
 Agenda 21, RAMSAR, UNCLOS,
 CITES,
 FAO Code of Conduct for Fisheries,
 Cartagena Protocol on Biosafety, and
 The Bonn Convention.
 International Convention for the Prevention of
Pollution from Ships (MARPOL) as modified by
the Protocol of 1978
 Protocol to the International Convention on Civil
Liability for Oil Pollution Damage
 International Convention for the Prevention of
Pollution from Ships
 Protocol to the International Convention on the
Establishment of an International Fund of
Compensation for Oil Pollution
CASES/JURISPRUDENCE FOR STUDY::
1. Tano vs. Socrates, GR 110249, August 21, 1997
2. People vs Vergara, GR 110286, April 2, 1997
3. Hizon vs. CA, GR 119619, December 13, 1996
4. A.M. No. MTJ-03-1487, December 1, 2003,
SANGGUNIANG BAYAN OF GUINDULMAN, BOHOL,
petitioner, vs. JUDGE MANUEL A. DE CASTRO, Acting
Presiding Judge, MCTC, Guindulman-Duero, Bohol,
respondent.
5. MMDA vs Concerned Citizens of Manila Bay, G.R.
Nos. 171947-48 December 18, 2008
6. G.R. No. 179918, September 8, 2010,
SHELL PHILIPPINES EXPLORATION B.V., vs. EFREN
JALOS,et al
IN LIEU OF SPECIAL CLASS, READ/STUDY THE
FOLLOWING:
1. RA 9003, Solid Waste Management Law
(LESSON ATTACHED HERE) (Read also the
copy of the law that will be posted here, pay
particular attention only to those provisions
highlighted IN COLORs)
2. Clean Water Act (Lessons to be posted later)
3. Clean Air Act (Lesson to be posted later)
There are accompanying lists of cases to be read.
Study: RA 9003, with colored highlights
CASES TO READ re RA 9003:
1. Ombudsman vs Mayor Vergara, , December 6, 2017,
G.R. No. 216871
2. On collection of garbage fee pursuant to LGC and RA
9003 - Ferrer vs Bautista, EN BANC, G.R. No. 210551,
June 30, 2015
3. Province of Rizal vs Exec Secretary, EN BANC, G.R.
No. 129546 December 13, 2005 - on location of sanitary
landfill vis-a-vis location of aquifers, watershed
4. People vs Sandiganbayan, September 9, 2015, G.R.
NO. 160619 - illegal operation of dumpsite
LECTURE NOTES ON CLEAN AIR ACT, STUDY,
include the case and related issuances cited. PD 1586
was mentioned here, so read also the e-handout on PD
1586 (Environmental Impact Assessment)
Additional case:
REPUBLIC OF THE PHILIPPINES , REPRESENTED
BY THE POLLUTION ADJUDICATION BOARD vs. N.
DELA MERCED & SONS, INC., January 22, 2018, G.R.
No. 201501
CASES applying Rules of Procedure in Envi Cases:
1. LNL ARCHIPELAGO MINERALS, INC. vs.
AGHAM PARTY LIST (represented by its
President Rep. Angelo B. Palmones, April 12,
2016, G.R. No. 209165 - The case involves the
extraordinary remedy of a Writ of Kalikasan
which is under the Rules of Procedure for
Environmental Cases.42 Section 1, Rule 7, Part
III of the said Rules
2. WEST TOWER CONDOMINIUM
CORPORATION, on behalf of the Residents of
West Tower Condominium and in
representation of Barangay Bangkal, and
others, including minors and generations yet
unborn vs.
FIRST PHILIPPINE INDUSTRIAL
CORPORATION, FIRST GEN CORPORATION
and their RESPECTIVE BOARD OF
DIRECTORS AND OFFICERS, JOHN DOES,
and RICHARD DOES, EN BANC, G.R. No.
194239, June 16, 2015 - application of
"precautionary principle" under Section 1,
Rule 20 of A.M. No. 09-6-8-SC or the Rules of
Procedure for Environmental Cases.
3. Arigo vs. Swift, EN BANC, G.R. No. 206510,
September 16, 2014 - this involves a petition
for the issuance of a Writ of Kalikasan with
prayer for the issuance of a Temporary
Environmental Protection Order (TEPO) under
Rule 7 of A.M. No. 09-6-8-SC, otherwise known
as the Rules of Procedure for Environmental
Cases (Rules), involving violations of
environmental laws and regulations in relation to
the grounding of the US military ship USS
Guardian over the Tubbataha Reefs.
4. Metropolitan Manila Development Authority v
Concerned Residents of Manila Bay, GR No.
171947-48, December 18, 2008 - continuing
mandamus