E.O. 192 of 1987 SECTION 5. Powers and Functions.

To accomplish its mandate, the Department shall have the

following powers and functions:
EXECUTIVE ORDER NO. 192 - PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF
ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE DEPARTMENT OF (a) Advise the President on the enactment of laws relative to the development, use, regulation, and
ENVIRONMENT AND NATURAL RESOURCES, AND FOR OTHER PURPOSES conservation of the country’s natural resources and the control of pollution;

SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the (b) Formulate, implement, and supervise the government’s policies, plans and programs pertaining to
Department of Environment and Natural Resources. the management, conservation, development, use and replenishment of the country’s natural
resources;
SECTION 2. Reorganization. The Department of Environment, Energy and Natural Resources is hereby
reorganized structurally and functionally and renamed as the Department of Environment and (c) Promulgate rules and regulations in accordance with law governing the exploration, development,
Natural Resources, hereinafter referred to as Department, in accordance with the provisions of this conservation, extraction, disposition, use and such other commercial activities tending to cause the
Executive Order. depletion and degradation of our natural resources;

SECTION 3. Declaration of Policy. It is hereby declared the policy of the State to ensure the (d) Exercise supervision and control over forest lands, alienable and disposable lands, and mineral
sustainable use, development, management, renewal, and conservation of the country’s forest, resources and in the process of exercising such control the Department shall impose appropriate
mineral, land, off-shore areas and other natural resources, including the protection and enhancement payments, fees, charges, rentals and any such form of levy and collect such revenues for the
of the quality of the environment, and equitable access of the different segments of the population to exploration, development, utilization or gathering of such resources;
the development and use of the country’s natural resources, not only for the present generation but
for future generations as well. It is also the policy of the state to recognize and apply a true value (e) Undertake exploration, assessment, classification and inventory of the country’s natural resources
system including social and environmental cost implications relative to their utilization, development using ground surveys, remote sensing and complementary technologies;
and conservation of our natural resources. (f) Promote proper and mutual consultation with the private sector involving natural resources
SECTION 4. Mandate. The Department shall be the primary government agency responsible for the development, use and conservation;
conservation, management, development and proper use of the country’s environment and natural (g) Undertake geological surveys of the whole country including its territorial waters;
resources, specifically forest and grazing lands, mineral resources, including those in reservation and
watershed areas, and lands of the public domain, as well as the licensing and regulation of all natural (h) Establish policies and implement programs for the:
resources as may be provided for by law in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of Filipinos. (1) Accelerated inventory, surveys and classification of lands, forest, and mineral resources using
appropriate technology, to be able to come up with a more accurate assessment of resource quality
To accomplish its mandate, the Department shall be guided by the following objectives that will serve and quantity;
as basis for policy formulation:
(2) Equitable distribution of natural resources through the judicious administration, regulation,
(a) Assure the availability and sustainability of the country’s natural resources through judicious use utilization, development and conservation of public lands, forest, and mineral resources (including
and systematic restoration or replacement, whenever possible; mineral reservation areas), that would benefit a greater number of Filipinos;

(b) Increase the productivity of natural resources in order to meet the demands for forest, mineral, (3) Promotion, development and expansion of natural resource-based industries;
and land resources of a growing population;
(4) Preservation of cultural and natural heritage through wildlife conservation and segregation of
(c) Enhance the contribution of natural resources for achieving national economic and social national parks and other protected areas;
development;
(5) Maintenance of a wholesome natural environment by enforcing environmental protection
(d) Promote equitable access to natural resources by the different sectors of the population; laws; and

(e) Conserve specific terrestrial and marine areas representative of the Philippine natural and cultural (6) Encouragement of greater people participation and private initiative in natural resource
heritage for present and future generations. management.

(i) Promulgate rules and regulations necessary to:

 (1) Accelerate cadastral and emancipation patent surveys, land use planning and public land (s) Exercise other powers and functions and perform such other acts as may be necessary, proper or
titling; incidental to the attainment of its mandates and objectives.

(2) Harness forest resources in a sustainable manner, to assist rural development, support forest- SECTION 6. Structural Organization. The Department shall consist of the Department Proper, the staff
based industries, and provide raw materials to meet increasing demands, at the same time keeping offices, the staff bureaus and the regional/provincial/community natural resources offices.
adequate reserves for environmental stability; and
The Department Proper shall consist of the following:
(3) Expedite mineral resources surveys, promote the production of metallic and non-metallic
minerals and encourage mineral marketing. (a) Office of the Secretary
(b) Offices of Undersecretaries
(j) Regulate the development, disposition, extraction, exploration and use of the country’s forest, land (c) Offices of Assistant Secretaries
and mineral resources; (d) Public Affairs Office
(e) Special Concerns Office
(k) Assume responsibility for the assessment, development, protection, conservation, licensing and (f) Pollution Adjudication Board
regulation as provided for by law, where applicable, of all natural resources; the regulation and
monitoring of service contractors, licensees, lessees, and permittees for the extraction, exploration, The staff sectoral bureaus on the other hand, shall be composed of:
development and utilization of natural resource products; the implementation of programs and
measures with the end in view of promoting close collaboration between the government and the (a) Forest Management Bureau
private sector; the effective and efficient classification and sub-classification of lands of the public (b) Lands Management Bureau
domain; and the enforcement of natural resources laws, rules and regulations; (c) Mines and Geo-Sciences Bureau
(d) Environmental Management Bureau
(l) Promulgate rules, regulations and guidelines on the issuance of co-production, joint venture or (e) Ecosystems Research and Development Bureau
production sharing agreements, licenses, permits, concessions, leases and such other privileges and (f) Protected Areas and Wildlife Bureau
arrangement concerning the development, exploration and utilization of the country’s natural
resources and shall continue to oversee, supervise and police our natural resources; to cancel or
cause to cancel such privileges and arrangements upon failure, non-compliance or violations of any SECTION 22. Attached Agencies and Corporations. The following agencies and corporations are
regulations, orders, and for all other causes which are in furtherance of the conservation of natural attached to the Department:
resources and supportive of the national interests;
(a) National Mapping and Resource Information Authority.
(m) Exercise exclusive jurisdiction on the management and disposition of all lands of the public
domain and shall continue to be the sole agency responsible for classification, sub-classification, (b) Natural Resources Development Corporation.
surveying and titling of lands in consultation with appropriate agencies. (c) The National Electrification Administration.
(n) Implement measures for the regulation and supervision of the processing of forest products, PAB v. Solar Textile Co [1991]
grading and inspection of lumber and other forest products and monitoring of the movement of
timber and other forest products; G.R. No. 93891, 11 March 1991 Third Division, Feliciano (J), 4 concur

(o) Promulgate rules and regulations for the control of water, air and land pollution; 2. POLITICAL LAW; POLICE POWER; ENACTMENT OF POLLUTION CONTROL STATUTES AND
IMPLEMENTING REGULATIONS, AN EXERCISE THEREOF. — The relevant pollution control statute and
(p) Promulgate ambient and effluent standards for water and air quality including the allowable levels implementing regulations were enacted and promulgated in the exercise of that persuasive,
of other pollutants and radiations; sovereign power to protect the safety, health, and general welfare and comfort of the public, as well
(q) Promulgate policies, rules and regulations for the conservation of the country’s genetic resources as the protection of plant and animal life, commonly designated as the police power.
and biological diversity, and endangered habitats; 3. CONSTITUTIONAL LAW; DUE PROCESS; YIELDS TO THE EXERCISE OF POLICE POWER. — It is a
(r) Formulate an integrated, multi-sectoral, and multidisciplinary National Conservation Strategy, constitutional common place that the ordinary requirements of procedural due process yield to the
which will be presented to the Cabinet for the President’s approval; necessities of protecting vital public interests like those here involved, through the exercise of police
power. Pollution Adjudication Board vs. CA et al.
FACTS: Respondent, Solar Textile Finishing Corporation was involved in bleaching, rinsing and dyeing life, commonly designated as the police power. It is a constitutional commonplace that the ordinary
textiles with wastewater being directly discharged into a canal leading to the adjacent Tullahan- requirements of procedural due process yield to the necessities of protecting vital public interests like
Tinerejos River. Petitioner Board, an agency of the Government charged with the task of determining those here involved, through the exercise of police power. Hence, the trial court did not err when it
whether the effluents of a particular industrial establishment comply with or violate applicable dismissed Solar's petition for certiorari. It follows that the proper remedy was an appeal from the trial
antipollution statutory and regulatory provisions, have been remarkably forbearing in its efforts to court to the Court of Appeals, as Solar did in fact appeal. The Court gave due course on the Petition
enforce the applicable standards vis-a-vis Solar. Solar, on the other hand, seemed very casual about for Review and the Decision of the Court of Appeals and its Resolution were set aside. The Order of
its continued discharge of untreated, pollutive effluents into the river. Petitioner Board issued an ex petitioner Board and the Writ of Execution, as well as the decision of the trial court were reinstated,
parte Order directing Solar immediately to cease and desist from utilizing its wastewater pollution without prejudice to the right of Solar to contest the correctness of the basis of the Board's Order and
source installations. Solar, however, with preliminary injunction against the Board, went to the Writ of Execution at a public hearing before the Board.
Regional Trial Court on petition for certiorari, but it was dismissed upon two (2) grounds, i.e., that
appeal and not certiorari from the questioned Order of the Board as well as the Writ of Execution was Principe vs Fact-Finding Intelligence Bureau (G.R. No, 145973; January 23, 2002)
the proper remedy, and that the Board's subsequent Order allowing Solar to operate temporarily had The case is a petition for review on certiorari seeking to reverse the decision of the Court of
rendered Solar's petition moot and academic. Dissatisfied, Solar went on appeal to the Court of Appeals[1] affirming the Ombudsmans dismissal of petitioner from the government service for gross
Appeals, which reversed the Order of dismissal of the trial court and remanded the case to that court neglect of duty in connection with the collapse of the housing project at the Cherry Hills Subdivision,
for further proceedings. In addition, the Court of Appeals declared the Writ of Execution null and Antipolo City, on August 3, 1999.
void. At the same time, the CA said that certiorari was a proper remedy since the Orders of petitioner
Board may result in great and irreparable injury to Solar; and that while the case might be moot and FACTS: August 28, 1990- Philjas Corporation, whose primary purposes, among others are: to own,
academic, "larger issues" demanded that the question of due process be settled. Petitioner Board develop, subdivide, market and provide low-cost housing for the poor, was registered with the
moved for reconsideration, without success. Securities and Exchange Commission (SEC).

Arguing that that the ex parte Order and the Writ of Execution were issued in accordance with law February 19, 1991 - then City Mayor Daniel S. Garcia, endorsed to the Housing and Land Use
and were not violative of the requirements of due process; and the ex parte Order and the Writ of Regulatory Board (HLURB) the proposed CHS.
Execution are not the proper subjects of a petition for certiorari, Oscar A. Pascua and Charemon Clio
L. Borre for petitioner asked the Supreme Court to review the Decision and Resolution promulgated Thereafter, or on 07 March 1991, based on the favorable recommendation of Mayor Garcia,
by the Court of Appeals entitled "Solar Textile Finishing Corporation v. Pollution Adjudication Board," respondent TAN, issued the Preliminary Approval and Locational Clearance (PALC) for the
which reversed an order of the Regional Trial Court. In addition, petitioner Board claims that under development of CHS.
P.D. No. 984, Section 7(a), it has legal authority to issue ex parte orders to suspend the operations of On July 5, 1991, then HLURB Commissioner respondent TUNGPALAN issued Development Permit No.
an establishment when there is prima facie evidence that such establishment is discharging effluents 91-0216 for land development only for the entire land area of 12.1034 hectares covered by TCT No.
or wastewater, the pollution level of which exceeds the maximum permissible standards set by the 35083 (now TCT 208837) and with 1,003 saleable lots/units with project classification B. P. 220 Model
NPCC (now, the Board). Petitioner Board contends that the reports before it concerning the effluent A-Socialized Housing (p. 96, Records), with several conditions for its development.
discharges of Solar into the River provided prima facie evidence of violation by Solar of Section 5 of
the 1982 Effluent Code. Solar, on the other hand, contends that under the Board's own rules and Three (3) days thereafter or on July 8, 1991, respondent JASARENO, allowed/granted the
regulations, an ex parte order may issue only if the effluents discharged pose an "immediate threat to leveling/earth-moving operations of the development project of the area subject to certain
life, public health, safety or welfare, or to animal and plant life." In the instant case, according to conditions.
Solar, the inspection reports before the Board made no finding that Solar's wastewater discharged
On November 18, 1991, then HLURB Commissioner AMADO B. DELORIA issued Certificate of
posed such a threat.
Registration No. 91-11-0576 in favor of CHS, with License to Sell No. 91-11-0592 for the 1,007
ISSUE: Whether or not the Court of Appeals erred in reversing the trial court on the ground that Solar lots/units in the subdivision.
had been denied due process by the Board.
Eventually, on December 10, 1991, respondent POLLISCO issued Small Scale Mining Permit (SSMP)
HELD: The Court found that the Order and Writ of Execution were entirely within the lawful authority No. IV-316 to Philjas to extract and remove 10,000 cu. meters of filling materials from the area where
of petitioner Board. Ex parte cease and desist orders are permitted by law and regulations in the CHS is located.
situations like here. The relevant pollution control statute and implementing regulations were
enacted and promulgated in the exercise of that pervasive, sovereign power to protect the safety,
health, and general welfare and comfort of the public, as well as the protection of plant and animal
Thereafter, or on January 12, 1994, Philjas applied for a Small Scale Mining Permit (SSMP) under P. D. On January 4, 2000, petitioner filed with the Court of Appeals a petition for review assailing the
1899 with the Rizal Provincial Government to extract and remove 50,000 metric tons of filling decision of the Ombudsman. On August 25, 2000, the Court of Appeals promulgated a decision
materials per annum on CHS 2.8 hectares. denying the petition and affirming the decision of the Ombudsman. Hence, this appeal.

Thus, on January 17, 1994, respondent MAGNO, informed ELIEZER I. RODRIGUEZ of Philjas that CHS is ISSUE: Whether the Ombudsman may dismiss petitioner from the service on an administrative charge
within the EIS System and as such must secure ECC from the DENR. Philjas was accordingly informed for gross neglect of duty, initiated, investigated and decided by the Ombudsman himself without
of the matter such that it applied for the issuance of ECC from the DENR-Region IV, on February 3, substantial evidence to support his finding of gross neglect of duty because the duty to monitor and
1994. inspect the project was not vested in petitioner.

On March 12, 1994, an Inspection Report allegedly prepared by respondent BALICAS, attested by HELD: Republic Act No. 6770, Section 15, prescribed the powers of the Ombudsman, as follows:
respondent RUTAQUIO and approved by respondent TOLENTINO re: field evaluation to the issuance
of ECC, was submitted. Section 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following
powers, functions and duties:
Consequently, on April 28, 1994, upon recommendation of respondent TOLENTINO, Philjas
application for ECC was approved by respondent PRINCIPE, then Regional Executive Director, DENR (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any
under ECC-137-RI-212-94. public officer or employee, office or agency, when such act or omission appears to be illegal, unjust,
improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in
A Mining Field Report for SSMP dated May 10, 1994 was submitted pursuant to the inspection report the exercise of this primary jurisdiction it may take over, at any stage, from any investigatory agency
prepared by respondents CAYETANO, FELICIANO, HILADO and BURGOS, based on their inspection of Government, the investigation of such cases;
conducted on April 25 to 29, 1994.The report recommended, among others, that the proposed
extraction of materials would pose no adverse effect to the environment. (2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of
any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled
Records further disclosed that on August 10, 1994, respondent BALICAS monitored the corporations with original charter, to perform and expedite any act or duty required by law, or to
implementation of the CHS Project Development to check compliance with the terms and conditions stop, prevent, and correct any abuse or impropriety in the performance of duties;
in the ECC. Again, on August 23, 1995, she conducted another monitoring on the project for the same
purpose. In both instances, she noted that the project was still in the construction stage hence, (3) Direct the officer concerned to take appropriate action against a public officer or employee at
compliance with the stipulated conditions could not be fully assessed, and therefore, a follow-up fault or who neglects to perform an act or discharge a duty required by law, and recommend his
monitoring inspection was the last one conducted by the DENR. removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or
enforce its disciplinary authority as provided in Section 21[7] of this Act: Provided, That the refusal by
On September 24, 1994, GOV. CASIMIRO I. YNARES, JR., approved the SSMP applied for by Philjas any officer without just cause to comply with an order of the Ombudsman to remove, suspend,
under SSMP No. RZL-012, allowing Philjas to extract and remove 50,000 metric tons of filling demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform
materials from the area for a period of two (2) years from date of its issue until September 6, 1996. an act or discharge a duty required by law shall be a ground for disciplinary action against said officer;

On November 15, 1999, the Ombudsman rendered a decision finding petitioner Principe (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may
administratively liable for gross neglect of duty and imposing upon him the penalty of dismissal from provide in its rules of procedure, to furnish it with copies of documents relating to contracts or
office. The dispositive portion of the decision reads: transactions entered into by his office involving the disbursement or use of public funds or properties,
and report any irregularity to the Commission on Audit for appropriate action;
WHEREFORE, premises considered the following respondents are hereby found GUILTY as charged
and meted the respective penalties provided under Section 22, Rule XIV of the Omnibus Rules, (5) Request any government agency for assistance and information necessary in the discharge of its
Implementing Book V of Executive Order No. 292, otherwise known as the Administrative Code of responsibilities, and to examine, if necessary, pertinent records and documents;
1987, viz,:
(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3)
Antonio G. Principe - Penalty of Dismissal from the Service for Gross Neglect of Duty. and (4) hereof, when circumstances so warrant and with due prudence: Provided, further, that any
publicity issued by the Ombudsman shall be balance, fair and true;
SO ORDERED.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Clearly, there is no mention of the responsibility of a regional executive director to monitor projects.
Government, and make recommendations for their elimination and the observance of high standards More apropos is the description of the functions of a regional technical director, to wit:
of ethics and efficiency;
E. REGIONAL TECHNICAL DIRECTOR
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to examine and have access to bank accounts and 1. Forest Management
records; 2. Land Management
3. Mines and Geo-Sciences Development
(9) Punish for contempt in accordance with the Rules of Court and under the same procedure and 4. Environmental Management
with the same penalties provided therein;
4.1 Issues clearance certificate to vehicles which have passed the smoke-belching test.
(10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall
ensure the effective exercise or performance of the powers, functions, and duties herein or 4.2 Issues pollution clearance and temporary permit to operate pollution control devices including
hereinafter provided; the collection of corresponding fees/charges.

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth 4.3 Conducts monitoring and investigation of pollution sources and control facilities.
amassed after February 25, 1986 and the prosecution of the parties involved therein. 4.4 Supervises, coordinates and monitors the implementation of environmental programs, projects
The Ombudsman without taking into consideration the lawfully mandated duties and functions and activities in the region.
attached to petitioners position, immediately concluded that as the signing and approving authority Furthermore, monitoring is defined in DAO No. 21, Series of 1992, as the activity designed to gauge
of the ECC issued to PHILJAS, it was incumbent upon petitioner to conduct actual monitoring and the level of compliance with the conditions stipulated in the ECC, and in the EIS or PD submitted. This
enforce strict compliance with the terms and conditions of the ECC. is the function of the PENR and CENR offices as mandated in DAO No. 37, Series of 1996. Particularly,
The applicable administrative orders provide that the function of monitoring environmental it provided that:
programs, projects and activities in the region is lodged with the Regional Technical Director, not with Section 10. Compliance Monitoring
the Regional Executive Director, the position occupied by petitioner. Under DAO 38-1990, the
following were the functions attached to the office of petitioner, to wit: b. Monitoring of compliance with the proponents ECC issued pursuant to an IEE,[16] and applicable
laws, rules and regulations, shall be undertaken by the concerned PENRO and CENRO with support
I. REGULATORY MATTERS from the Regional Office and/or EMB whenever necessary.
D. REGIONAL EXECUTIVE DIRECTOR Hence, how could petitioner be guilty of neglecting a duty, which is not even his to begin with?
1. Forest Management Administrative liability could not be based on the fact that petitioner was the person who signed and
2. Land Management approved the ECC, without proof of actual act or omission constituting neglect of duty.
3. Mines and Geo-Sciences Development In the absence of substantial evidence of gross neglect of petitioner, administrative liability could not
4. Environmental Management be based on the principle of command responsibility. The negligence of petitioners subordinates is
4.1 Issues authority to construct and permit to operate pollution control equipment/devices including not tantamount to his own negligence.
the collection of corresponding fees/charges. It was not within the mandated responsibilities of petitioner to conduct actual monitoring of projects.
4.2 Issues accreditation of pollution control office of industrial firms and local government entities. The principles governing public officers under the Revised Administrative Code of 1987 clearly
provide that a head of a department or a superior officer shall not be civilly liable for the wrongful
4.3 Hears/gathers evidences or facts on pollution cases as delegated by the Pollution Adjudication acts, omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually
Board. authorized by written order the specific act or misconduct complained of.

4.4. Approves plans and issues permit for mine tailings disposal, including environmental The investigation conducted by the Ombudsman refers to the tragic incident in Cherry Hills
rehabilitation plans. Subdivision, Antipolo Rizal, where several families lost lives and homes. Despite the fact that what
was involved was a housing and land development project, petitioner, as the Regional Executive
Director for Region IV, Department of Environment and Natural Resources, was found negligent and transport documents, the team seized the truck together with its cargo and impounded them at
because he was the one who signed and approved the ECC. the DENR compound. The team was not able to gain entry into the premises because of the refusal of
the owner. The team was able to secure a search warrant. By virtue thereof, the team seized on that
As heretofore stated, the responsibility of monitoring housing and land development projects is not date from the petitioner's lumberyard four truckloads of narra shorts, trimmings, and slabs; a
lodged with the office of petitioner. The Administrative Code of 1987 spelled out the mandate of the negligible number of narra lumber; and approximately 200,000 board feet of lumber and shorts of
Department of Environment and Natural Resources, the agency that has authority over petitioner, various species including almaciga and supa. On 4 April 1990, the team returned to the premises of
which reads: the petitioner's lumberyardand placed under administrative seizure the remaining stockpile of
Section 1. Declaration of Policy.- (1) The State shall ensure for the benefit of the Filipino people, the almaciga, supa, and lauan lumber with a total volume of 311,000 board feet because the petitioner
full exploration and development as well as the judicious disposition, utilization, management, failed to produce upon demand the corresponding certificate of lumber origin, auxiliary invoices, tally
renewal and conservation of the countrys forest, mineral, land, waters, fisheries, wildlife, off-shore sheets, and delivery receipts from the source of the invoices covering the lumber to prove the
areas and other natural resources, consistent with the necessity of maintaining a sound ecological legitimacy of their source and origin. Parenthetically, it may be stated that under an administrative
balance and protecting and enhancing the quality of the environment and the objective of making the seizure the owner retains the physical possession of the seized articles. Only an inventory of the
exploration, development and utilization of such natural resources equitably accessible to the articles is taken and signed by the owner or his representative. The owner is prohibited from
different segments of the present as well as future generations. disposing them until further orders. On 10 April 1990,counsel for the petitioner sent a letter to the
Chief of SAID Robles requesting an extension of fifteen days to produce the required documents
(2) The State shall likewise recognize and apply a true value system that takes into account social and covering the seized articles because some of them, particularly the certificate of lumber origin, were
environmental cost implications relative to the utilization, development and conservation of our allegedly in the Province of Quirino. Robles denied the petition. Subsequently, the Sec. of DENR
natural resources. Factoran issued an order confiscating the woods seized in the truck of the petitioner as well as those
found in their lumberyard.
Section 2. Mandate.- (1) The Department of Environment and Natural Resources shall be primarily
responsible for the implementation of the foregoing policy. ISSUE: Whether or not that a lumber cannot be considered a timber and that petitioner should not be
held for illegal logging.
(2) It shall, subject to law and higher authority, be in charge of carrying out the States constitutional
mandate to control and supervise the exploration, development, utilization, and conservation of the HELD: The allegations and arguments set forth in the petition in this case palpably fail to show prima
countrys natural resources. facie that a reversible error has been committed by the Court of Appeals in its challenged decision of
31 July 1995 and resolution of 6 February 1996 in CA-G.R. SP No. 33778. We must, forthwith, deny it
However, pursuant to Executive Order No. 90, the Human Settlements Regulatory Commission, which for utter want of merit. There is no need to require the respondents to comment on the petition.
became the Housing and Land Use Regulatory Board (HLURB), is the sole regulatory body for housing
and land development. The Court of Appeals correctly dismissed the petitioner's appeal from the judgment of the trial court
in the SECOND CIVIL CASE. The petitioner never disputed the fact that its lumber-dealer's license or
WHEREFORE, the Court REVERSES the decision of the Court of Appeals. In lieu thereof, the Court permit had been suspended by Secretary Factoran on 23 April 1990. The suspension was never lifted,
annuls the decision of the Ombudsman in OMB-ADM-09-661, dated December 1, 1999, dismissing and since the license had only a lifetime of up to 25 September 1990, the petitioner has absolutely no
the petitioner from the government service, and orders his reinstatement with back pay and without right to possess, sell, or otherwise dispose of lumber. Accordingly, Secretary Factoran or his
loss of seniority. authorized representative had the authority to seize the lumber pursuant to Section 68-A of P.D. No.
No costs. 705, as amended, which provides as follows:

SO ORDERED. Section 68-A. Administrative Authority of the Department Head or his Duly Authorized Representative
to Order Confiscation. In all cases of violations of this Code or other forest laws, rules and regulations,
Mustang Lumber vs. CA (257 SCRA 430; 1996) the Department Head or his duly authorized representative may order the confiscation of any forest
products illegally cut, gathered, removed, or possessed or abandoned. . . .
FACTS: Petitioner was duly registered as a lumber dealer with the Bureau of Forest Development. The
Special Actions and Investigation Division of the DENR were informed that a huge stockpile of narra The petitioner's insistence that possession or sale of lumber is not penalized must also fail in view of
flitches, shorts, and slabs were seen inside the lumberyard of the petitioner. The SAID organized a our disquisition and ruling on the same issue in G.R. No. 106424. Besides, the issue is totally irrelevant
team of foresters and policemen and sent it to conduct surveillance. In the course thereof, the team in the SECOND CIVIL CASE which involves administrative seizure as a consequence of the violation of
members saw coming out from the lumberyard the petitioner's truck loaded with lauan and almaciga the suspension of the petitioner's license as lumber dealer.
lumber of assorted sizes and dimensions. Since the driver could not produce the required invoices
All told then, G.R. No. 104988 and G.R. No. 123784 are nothing more than rituals to cover up blatant On July 5, 1991, then HLURB Commissioner respondent TUNGPALAN issued Development Permit No.
violations of the Revised Forestry Code of the Philippines (P.D. No. 705), as amended. They are 91-0216 for land development only for the entire land area of 12.1034 hectares covered by TCT No.
presumably trifling attempts to block the serious efforts of the DENR to enforce the decree, efforts 35083 (now TCT 208837) and with 1,003 saleable lots/units with project classification B.P. 220 Model
which deserve the commendation of the public in light of the urgent need to take firm and decisive A-Socialized Housing (p. 96, Records), with several conditions for its development.
action against despoilers of our forests whose continuous destruction only ensures to the generations
to come, if not the present, an inheritance of parched earth incapable of sustaining life. The Three (3) days thereafter or on July 8, 1991, respondent JASARENO, allowed/granted the
Government must not tire in its vigilance to protect the environment by prosecuting without fear or leveling/earth-moving operations of the development project of the area subject to certain conditions.
favor any person who dares to violate our laws for the utilization and protection of our forests. On November 18, 1991, then HLURB Commissioner AMADO B. DELORIA issued Certificate of
WHEREFORE, judgment is hereby rendered Registration No. 91-11-0576 in favor of CHS, with License to Sell No. 91-11-0592 for the 1,007
lots/units in the subdivision.
1. (a) GRANTING the petition in G.R. No. 106424; (b) SETTING ASIDE and ANNULLING, for having been
rendered with grave abuse of discretion, the challenged orders of 16 August 1991 and 18 October Eventually, on December 10, 1991, respondent POLLISCO issued Small Scale Mining Permit (SSMP) No.
1991 of respondent Judge Teresita Dizon-Capulong, Branch 172, Regional Trial Court of Valenzuela, IV-316 to Philjas to extract and remove 10,000 cu. meters of filling materials from the area where the
Metro Manila, in Criminal Case No. 324-V-91, entitled People of the Philippines vs. Ri Chuy Po; (c) CHS is located.
REINSTATING the information in the said criminal case; and (d) DIRECTING the respondent Judge on Thereafter, or on January 12, 1994, Philjas applied for a Small Scale Mining Permit (SSMP) under P.D.
her successor to hear and decide the case with purposeful dispatch; and 1899 with the Rizal Provincial Government to extract and remove 50,000 metric tons of filling
2. DENYING the petitions in G.R. No. 104988 and in G. R. No. 123784 for utter failure of the petitioner materials per annum on CHS 2.8 hectares.
to show that the respondent Court of Appeals committed any reversible error in the challenged Thus, on January 17, 1994, respondent MAGNO, informed ELIEZER I. RODRIGUEZ of Philjas that CHS is
decisions of 29 November 1991 in CA-G.R. SP No. 25510 in the FIRST CIVIL CASE and of 31 July 1995 in within the EIS System and as such must secure ECC from the DENR. Philjas was accordingly informed
CA-G.R. SP No. 33778 in the SECOND CIVIL CASE. of the matter such that it applied for the issuance of ECC from the DENR-Region IV, on February 3,
Costs against the petitioner in each of these three cases. 1994.

SO ORDERED. On March 12, 1994, an Inspection Report allegedly prepared by respondent BALICAS, attested by
respondent RUTAQUIO and approved by respondent TOLENTINO re: field evaluation to the issuance of
Balicas vs Fact-Finding & Intelligence Bureau (G.R. No. 145972; March 23, 2004) ECC, was submitted.

This petition for review on certiorari assails the Court of Appeals decision dated August 25, 2000 and
resolution of November 13, 2000 in CA-G.R. SP No. 56386, which affirmed the Ombudsmans decision
dismissing petitioner from government service for gross neglect of duty in connection with the Consequently, on April 28, 1994, upon recommendations of respondent TOLENTINO, Philjas
tragedy at the Cherry Hills Subdivision in Antipolo City on August 3, 1999. application for ECC was approved by respondent PRINCIPE, then Regional Executive Director, DENR
under ECC-137-R1-212-94.
FACTS: Based on the evidence adduced by the complainant, the following is the chronological series
of events which led to the development of the CHS (Cherry Hills Subdivision): A Mining Field Report for SSMP dated May 10, 1994 was submitted pursuant to the inspection report
prepared by respondents CAYETANO, FELICIANO, HILADO and BURGOS, based on their inspection
August 28, 1990 Philjas Corporation, whose primary purposes, among others are: to own, develop, conducted on April 25 to 29, 1994. The report recommended, among others, that the proposed
subdivide, market and provide low-cost housing for the poor, was registered with the Securities and extraction of materials would pose no adverse effect to the environment.
Exchange Commission (SEC).
Records further disclosed that on August 10, 1994, respondent BALICAS monitored the
February 19, 1991 then City Mayor Daniel S. Garcia, endorsed to the Housing and Land Use implementation of the CHS Project Development to check compliance with the terms and conditions in
Regulatory Board (HLURB) the proposed CHS. the ECC. Again, on August 23, 1995, she conducted another monitoring on the project for the same
purpose. In both instances, she noted that the project was still in the construction stage hence,
Thereafter, or on 07 March 1991, based on the favorable recommendations of Mayor Garcia, compliance with the stipulated conditions could not be fully assessed, and therefore, a follow-up
respondent TAN, issued the Preliminary Approval and Locational Clearance (PALC) for the monitoring is proper. It appeared from the records that this August 23, 1995 monitoring inspection
development of CHS. was the last one conducted by the DENR.
On September 24, 1994, GOV. CASIMIRO I. YNARES, JR., approved the SSMP applied for by Philjas merit and affirmed the appealed decision. It found that the landslide was a preventable occurrence
under SSMP No. RZL-012, allowing Philjas to extract and remove 50,000 metric tons of filling and that petitioner was guilty of gross negligence in failing to closely monitor Philjas compliance with
materials from the area for a period of two (2) years from date of its issue until September 6, 1996. the conditions of the ECC given the known inherent instability of the ground where the subdivision
was developed. The appellate court likewise denied petitioners motion for reconsideration in its
Immediately after the tragic incident on August 3, 1999, a fact-finding investigation was conducted by resolution dated November 13, 2000.
the Office of the Ombudsman through its Fact-Finding and Intelligence Bureau (FFIB), which duly filed
an administrative complaint with the Office of the Ombudsman against several officials of the Petitioner now comes to this Court for review on certiorari, under Rule 45 of the Rules of Civil
Housing and Land Use Regulatory Board (HLURB), Department of Environment and Natural Resources Procedure, of the appellate courts decision. She alleges that the Court of Appeals committed serious
(DENR), and the local government of Antipolo. errors of law in affirming the Ombudsmans conclusion that:

The charge against petitioner involved a supposed failure on her part to monitor and inspect the 1 There was gross negligence on the part of petitioner Balicas in the performance of her official duties
development of Cherry Hills Subdivision, which was assumed to be her duty as DENR senior as Senior Environmental Management Specialist (SEMS) of the Provincial Environment and Natural
environmental management specialist assigned in the province of Rizal. Resources Office (PENRO) Province of Rizal, DENR Region IV; and the alleged gross neglect of duty of
petitioner warranted the imposition of the extreme penalty of dismissal from the service.
For her part, petitioner belied allegations that monitoring was not conducted, claiming that she
monitored the development of Cherry Hills Subdivision as evidenced by three (3) monitoring reports 2. The landslide which caused the death of several residents of the subdivision and the destruction of
dated March 12, 1994, August 10, 1994 and August 23, 1995. She averred that she also conducted property is not a fortuitous event and therefore preventible.
subsequent compliance monitoring of the terms and conditions of Philjas Environmental Compliance
Certificate (ECC) on May 19, 1997 and noted no violation thereon. She further claimed good faith and ISSUES: whether or not the Court of Appeals committed serious errors of law in: (1) holding petitioner
exercise of due diligence, insisting that the tragedy was a fortuitous event. She reasoned that the guilty of gross neglect of duty and; (2) imposing upon her the extreme penalty of dismissal from
collapse did not occur in Cherry Hills, but in the adjacent mountain eastern side of the subdivision. office.

On November 15, 1999, the Office of the Ombudsman rendered a decision imposing upon petitioner HELD: In order to ascertain if there had been gross neglect of duty, we have to look at the lawfully
the supreme penalty of dismissal from office for gross neglect of duty finding: prescribed duties of petitioner. Unfortunately, DENR regulations are silent on the specific duties of a
senior environmental management specialist. Internal regulations merely speak of the functions of
RESPONDENT BALICAS the Provincial Environment and Natural Resources Office (PENRO) to which petitioner directly
reports.
Records show that she monitored and inspected the CHS [Cherry Hills Subdivision] only thrice (3), to
wit: Nonetheless, petitioner relies on a letter[7] dated December 13, 1999 from the chief of personnel,
DENR Region IV, which defines the duties of a senior environmental management specialist as
1. Inspection Report dated 12 March 1994 follows:
2. Monitoring Report dated 10 August 1994 1. Conducts investigation of pollution sources or complaints;
3. Monitoring Report dated 23 August 1995 2. Review[s] plans and specifications of proposes (sic) or existing treatment plants and pollution
Verily, with this scant frequency, how can respondent Balicas sweepingly claim that there was no abatement structures and devices to determine their efficiency and suitability for the kind of
violation of ECC compliance and that she had done what is necessary in accordance with the regular pollutants to be removed and to recommend issuance or denial of permits;
performance of her duties. She herself recognized the fact that the collapsed area is not the 3. Conducts follow-up inspection of construction of pollution abatement/work and structures to
subdivision in question but the adjacent mountain eastern side of the CHS. It is incumbent upon her oversee compliance with approved plans and specifications;
to establish the same in her monitoring and inspection reports and make objective recommendations
re: its possible adverse effect to the environment and to the residents of the CHS and nearby areas. 4. Recommends remedial measures for the prevention, abatement and control of pollution;
Her defense that the position of the CHS shows the impossibility of checking the would-be adverse
effect clearly established her incompetence. No expert mind is needed to know that mountains cause 5. Prepares technical reports on pollution investigation and related activities; and
landslide and erosion. Cherry Hills Subdivision is a living witness to this. 6. Performs related work as assigned.
Petitioner seasonably filed a petition for review of the Ombudsmans decision with the Court of
Appeals. In its decision dated August 25, 2000, the Court of Appeals dismissed the petition for lack of
It is readily apparent that no monitoring duty whatsoever is mentioned in the said letter. The PENRO, offices, agencies, institutions, corporations or instrumentalities including the re-alignment of
on the other hand, is mandated to: government personnel, and their specific functions and responsibilities.

1. conduct surveillance and inspection of pollution sources and control facilities and For the same purpose as above, the Ministry of Human Settlements [now HLURB] shall: (a) prepare
undertake/initiate measures relative to pollution-related complaints of the general public for the proper land or water use pattern for said critical project(s) or area(s); (b) establish ambient
appropriate referral to the regional office; environmental quality standards; (c) develop a program of environmental enhancement or protective
measures against calamitous factors such as earthquake, floods, water erosion and others; and (d)
2. comment on the project description, determine if the project fall within the Environmental Impact perform such other functions as may be directed by the President from time to time. (Emphasis ours.)
Statement (EIS) System and submit the same to the regional office; and
The legal duty to monitor housing projects, like the Cherry Hills Subdivision, against calamities such as
3. implement programs and projects related to environmental management within the PENRO. landslides due to continuous rain, is clearly placed on the HLURB, not on the petitioner as PENRO
In addition, the PENRO is likewise tasked to monitor the project proponents compliance with the senior environmental management specialist. In fact, the law imposes no clear and direct duty on
conditions stipulated in the ECC, with support from the DENR regional office and the Environmental petitioner to perform such narrowly defined monitoring function.
Management Bureau. The primary purpose of compliance monitoring is to ensure the judicious In the related case of Principe v. Fact-Finding and Intelligence Bureau, this Court found Antonio
implementation of sound and standard environmental quality during the development stage of a Principe, regional executive director for DENR Region IV who approved Philjas application for ECC, not
particular project. Specifically, it aims to: liable for gross neglect of duty. The Court reversed the decision of the Court of Appeals and thereby
1. monitor project compliance with the conditions set in the ECC; annulled the decision of the Ombudsman in OMB-ADM-09-661, dated December 1, 1999, dismissing
Principe from the government service. We ordered his reinstatement with back pay and without loss
2. monitor compliance with the Environmental Management Plan (EMP) and applicable laws, rules of seniority.
and regulations; and
The rationale for our decision in Principe bears reiteration: the responsibility of monitoring housing
3. provide a basis for timely decision-making and effective planning and management of and land development projects is not lodged with the DENR, but with the HLURB as the sole
environmental measures through the monitoring of actual project impacts vis--vis predicted impacts regulatory body for housing and land development. Thus, we must stress that we find no legal basis
in the EIS. to hold petitioner, who is an officer of DENR, liable for gross neglect of the duty pertaining to another
agency, the HLURB. It was grave error for the appellate court to sustain the Ombudsmans ruling that
Based on the foregoing, the monitoring duties of the PENRO mainly deal with broad environmental she should be dismissed from the service. The reinstatement of petitioner is clearly called for.
concerns, particularly pollution abatement. This general monitoring duty is applicable to all types of
physical developments that may adversely impact on the environment, whether housing projects, WHEREFORE, the petition is hereby GRANTED. The Court of Appeals decision affirming the
industrial sites, recreational facilities, or scientific undertakings. Ombudsmans dismissal of petitioner IGNACIA BALICAS from office is REVERSED and SET ASIDE, and
petitioners REINSTATEMENT to her position with back pay and without loss of seniority rights is
However, a more specific monitoring duty is imposed on the HLURB as the sole regulatory body for hereby ordered.
housing and land development. It is mandated to encourage greater private sector participation in
low-cost housing through (1) liberalization of development standards, (2) simplification of regulations SO ORDERED.
and (3) decentralization of approvals for permits and licenses.
RA 4850 AN ACT CREATING THE LAGUNA LAKE DEVELOPMENT AUTHORITY
P.D. No. 1586 prescribes the following duties on the HLURB (then Ministry of Human Settlements) in
connection with environmentally critical projects requiring an ECC:  The LLDA was organized by virtue of Republic Act No. 4850 as a quasigovernment agency
with regulatory and proprietary functions. Through Presidential Decree 813 in 1975, and
SECTION 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of Executive Order 927 in 1983, its powers and functions were further strengthened to include
the Philippines may, on his own initiative or upon recommendation of the National Environment environmental protection and jurisdiction over the lake basin’s surface water. In 1993,
Protection Council, by proclamation declare certain projects, undertakings or areas in the country as through Executive Order 149, the administrative supervision over LLDA was transferred from
environmentally critical. No person, partnership or corporation shall undertake or operate any such the Office of the President to the Department of Environment and Natural Resources
declared environmentally critical project or area without first securing an Environmental Compliance (DENR).
Certificate issued by the President or his duly authorized representative. For the proper management
of said critical project or area, the President may by his proclamation reorganize such government LLDA has jurisdiction over the following towns/cities
  The jurisdiction and scope of authority of Laguna Lake Development Authority comprises the such plans, programs and/or projects: Provided, finally, the expansion plans shall be considered as
towns of Rizal and Laguna Provinces, towns of Silang, General Mariano Alvarez, Carmona, new plans subject to review of the Authority and to payment of the processing fees.
Tagaytay City in Cavite, Lucban, Quezon, City of Tanauan, towns of Sto. Tomas and Malvar in
Batangas, Cities of Marikina, Pasig, Taguig, Muntinlupa, Pasay, Caloocan, Quezon and town a. The Authority and national and local government offices, agencies and public corporations shall
of Pateros in Metro Manila. coordinate their plans, programs, projects and licensing procedures with respect to the Laguna Lake
region for the purpose of drawing up a Laguna Lake development plan which shall be binding upon all
Special Powers and Functions parties concerned upon approval of the NEDA board.

1) To make a comprehensive survey of the physical and natural resources and potentialities of the 5) To engage in agriculture, industry, commerce, or other activities within the region which may be
Laguna Lake region particularly its social and economic conditions, hydrologic characteristics, power necessary or directly contributory to the socioeconomic development of the region, and, for this
potentials, scenic and tourist spots, regional problems, and on the basis thereof, to draft a purposes, whether by itself or in cooperation with private persons or entities, to organize, finance,
comprehensive and detailed plan designed to conserve and utilize optimally the resources within the invest in, and operate subsidiary corporations: Provided, That the Authority shall engage only, unless
region particularly Laguna de Bay to promote the region's rapid social and economic development public interest requires otherwise, in those activities as are in the nature of new ventures or are
and upon approval by the National Economic and Development Authority (NEDA) Board of such plan, clearly beyond the scope, capacity, or interest or private enterprises due to consideration of
to implement the same including projects in line with said plan: Provided, That implementation of all geography, technical or capital requirements, returns on investment, and risk;
fisheries plans and programs of the authority shall require prior consensus of the Bureau of Fisheries
and Aquatic Resources to ensure that such plans and programs are consistent with the national 6) To plan, program finance/or undertake infrastructure projects such as river, flood and tidal control
fisheries plans and programs. For the purpose of said survey, public agencies shall submit and private works, waste water and sewerage works, water supply, roads, portworks, irrigation, housing and
entities shall provide necessary data except such data which under existing laws are deemed related works, when so required within the context of its development plans and programs including
inviolable. the readjustment, relocation or settlement of population within the region as may be necessary and
beneficial by the Authority: Provided, That should any project be financed wholly or in part by the
2) To provide the machinery for extending the necessary planning, management and technical Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by its Board of
assistance to prospective and existing investors in the region; Directors subject to the approval of the NEDA Board from users and/or beneficiaries thereof to
recover costs of construction, operation and maintenance of the projects: Provided, further, That if
3) To make recommendation to the proper agencies on the peso or dollar financing, technical the Authority should find it necessary to undertake such infrastructure projects which are classified,
support, physical assistance and, generally, the level of priority to be accorded agricultural, industrial as social overhead capital projects as determined by the NEDA, the Authority shall be authorized to
and commercial projects, soliciting or requiring direct help from or through the government or any of receive financial assistance from the government in such amount as may be necessary to carry out
its instrumentalities; the said projects subject to such terms and condition that may be imposed by the government, upon
4) To pass upon and approve or disapprove all plans, programs, and projects proposed by local recommendation of the NEDA Board: Provided, finally, That such amount as may be necessary for the
government offices/agencies within the region, public corporations, and private persons or purpose is hereby authorized to be appropriated out of the funds of the National Treasury not
enterprises where such plans, programs and/or projects are related to those of the Authority for the otherwise appropriated.
development of the region as envisioned in this Act. The Authority shall issue the necessary clearance 7) To make an annual report to the stockholders regarding the operation of the Authority more
for approved proposed plans, programs, and projects within thirty days from submission thereof particularly a statement of its financial conditions, activities undertaken, progress of projects and
unless the proposals are not in consonance with those of the Authority or that those will contribute programs and plans of actions for the incoming years: Provided, however, That a majority of the
to the unmanageable pollution of the Laguna Lake waters or will bring about the ecological imbalance stockholders may require the Authority to submit report or reports other than the annual report
of the region: Provided, further, That the Authority is hereby empowered to institute necessary legal herein required, which report must be submitted within a period of thirty (30) days from notice
proceeding against any person who shall commence to implement or continue implementation of any thereof;
project, plan or program within the Laguna de Bay region without previous clearance from the
Authority: Provided, furthermore, That any local government office, agency, public corporation, 8) To lend or facilitate the extension of financial assistance and/or act as surety or guarantor to
private person, or enterprise whose plans, programs and/or projects have been disapproved by the worthwhile agricultural, industrial and commercial enterprises;
Authority may appeal the decision of the Authority to the NEDA within fifteen (15) days from receipt
of such disapproval whose decision on the matter shall be final. Reasonable processing fees as may 9) To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects and/or
be fixed by the Authority's Board of Directors shall be collected by the Authority for the processing of acquire such bodies of land from the lake which may be necessary to accomplish the aims and
purposes of the Authority subject to the approval of the NEDA Board: Provided, That the land so
reclaimed shall be the property of the Authority and title thereto shall be vested in the Authority:
Provided, further, That the resulting lake shore shall continue to be owned by the national 15) To develop water supply from ground and/or lake water resources for municipal, agricultural and
government. industrial usages, in coordination with the National Water Resources Council created by Presidential
Decree No. 424 dated March 28, 1974 or its successors in interests, and to enter into agreements
10) The provisions of existing laws to the contrary notwithstanding, to engage in fish production and with municipalities, governmental agencies and corporations and the private sector to supply,
other aqua-culture projects in Laguna de Bay and other bodies of water within its jurisdiction and in distribute and market such water;
pursuance thereof to conduct studies and make experiments, whenever necessary, with the
collaboration and assistance of the Bureau of Fisheries and Aquatic Resources, with the end in view of 16) Undertake studies on the improvement and maintenance of the desirable lake water quality of
improving present techniques and practice. Provided, That until modified, altered or amended by the Laguna de Bay, and in pursuance thereof, prepare a water quality management program on a
procedure provided in the following sub-paragraph, the present laws, rules and permits or continuing basis, subject to the approval of the NEDA, which the Authority shall carry out with the
authorizations remain in force; assistance and support of all national and local government units involved in water quality
management.
11) For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the Authority
shall have exclusive jurisdiction to issue new permit for the use of the lake waters for any projects or EO 927 FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS OF THE LAGUNA LAKE
activities in or affecting the said lake including navigation, construction, and operation of fishpens, DEVELOPMENT AUTHORITY
fish enclosures, fish corrals and the like, and to impose necessary safeguards for lake quality control
and management and to collect necessary fees for said activities and projects: Provided, That the fees  Further defines certain functions and powers of the Laguna Lake Development Authority.
collected for fisheries may be shared between the Authority and other government agencies and Additional Powers and Functions of LLDA under E.O 927:
political sub-divisions in such proportion as may be determined by the President of the Philippine
upon recommendation of the Authority's Board: Provided, further, That the Authority's Board may 1. Issue standards, rules and regulations to govern the approval of plans and specifications for sewage
determine new areas of fisheries development or activities which it may place under the supervision works and industrial waste disposal system and the issuance of permits in accordance with the
of the Bureau of Fisheries and Aquatic taking into account the overall development plans and provisions of this Executive Order; inspect the construction and maintenance of sewage works and
programs for Laguna de Bay and related bodies of water: Provided, finally, That the Authority shall industrial waste disposal systems for compliance to plans.
subject to the approval of the President of the Philippines promulgate such rules and regulations
which shall govern fisheries development activities in Laguna de Bay which shall take into 2. Adopt, prescribe, and promulgate rules and regulations governing the Procedures of the Authority
consideration among others the following: socioeconomic amelioration of bonafide resident with respect to hearings, plans, specifications, designs, and other data for sewage works and
fisherman whether individually or collectively in the form of cooperatives, lakeshore town industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and
development, a master plan for fishpen construction and operation, communal fishing ground for regulations for the proper implementation and enforcement of this Executive Order.
lakeshore town residents, and preference to lakeshore town residents in hiring laborers for fishery 3. Issue orders or decisions to compel compliance with the provisions of this Executive Order and its
projects. implementing rules and regulations only after proper notice and hearing.
12) To require the cities and municipalities embraced within the region to pass appropriate zoning 4. Make, alter or modify orders requiring the discontinuance of population specifying the conditions
ordinances and other regulatory measures necessary to carry out the objectives of the Authority and and time within which such discontinuance must be accomplished.
enforce the same with the assistance of the Authority.
5. Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the
13) The provisions of existing laws to the contrary notwithstanding, to exercise water rights over prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the
public waters within the Laguna de Bay region whenever necessary to carry out the Authority's installation or operation of sewage works and industrial disposal system or parts thereof: Provided,
projects; however, that the Authority, by rules and regulations, may require subdivisions, condominiums,
14) To act in coordination with existing governmental agencies in establishing water quality standards hospitals, public buildings and other similar human settlements to put up appropriate central
for industrial, agricultural and municipal waste discharges into the lake and to cooperate with said sewerage system and sewage treatment works, except that no permits shall be required of any new
existing agencies of the government of the Philippines in enforcing such standards, or to separately sewage works or changes to or extensions of existing works that discharge only domestic or sanitary
pursue enforcement and penalty actions as provided for in Section 4(d) and Section 39-A of this Act: wastes from a single residential building provided with septic tanks or their equivalent. The Authority
Provided, That in case of conflict on the appropriate water quality standard to be enforced such may impose reasonable fees and charges for the issuance or renewal of all permits herein required.
conflict shall be resolved thru the NEDA Board; 6. After due notice and hearing, the Authority may also revoke, suspend modify any permit issued
under this Order whenever the same is necessary to prevent or abate pollution.
7. Deputize in writing or request assistance of appropriate government agencies or instrumentalities and projects proposed by local government offices/agencies within the region, public corporations,
for the purpose of enforcing this Executive Order and its implementing rules and regulations and the and private persons or enterprises where such plans, programs and/or projects are related to those
orders and decisions of the Authority. of the LLDA for the development of the region. . . . While it is a fundamental rule that an
administrative agency has only such powers as are expressly granted to it by law, it is likewise a
8. Authorize its representative to enter at all reasonable times any property of the public dominion settled rule that an administrative agency has also such powers as are necessarily implied in the
and private property devoted to industrial, manufacturing, processing or commercial use without exercise of its express powers. In the exercise, therefore, of its express powers under its charter, as a
doing damage, for the purpose of inspecting and investigating conditions relating to pollution or regulatory and quasijudicial body with respect to pollution cases in the Laguna Lake region, the
possible or imminent pollutions. authority of the LLDA to issue a 'cease and desist order' is, perforce, implied. Otherwise, it may well
9. Exercise such powers and perform such other functions as may be necessary to carry out its duties be reduced to a 'toothless' paper agency." There is no question that the Authority has express powers
and responsibilities under this Executive Order. as a regulatory and quasi-judicial body in respect to pollution cases with authority to issue a "cease
and desist order" and on matters affecting the construction of illegal fishpens, fishcages and other
Further, to effectively regulate and monitor activities in the Laguna de Bay region, the Authority shall aqua-culture structures in Laguna de Bay. The Authority's pretense, however, that it is co-equal to the
have exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities Regional Trial Courts such that all actions against it may only be instituted before the Court of
in or affecting the said region including navigation, construction, and operation of fishpens, fish Appeals cannot be sustained. On actions necessitating the resolution of legal questions affecting the
enclosures, fish corrals and the like. powers of the Authority as provided for in its charter, the Regional Trial Courts have jurisdiction.
LLDA v. CA [1995] HERMOSISIMA, JR., J p: 4. ID.; ID.; ID.; HAS EXCLUSIVE JURISDICTION TO ISSUE PERMITS FOR THE ENJOYMENT OF FISHERY
PRIVILEGES IN LAGUNA DE BAY TO THE EXCLUSION OF MUNICIPALITIES SITUATED THEREIN AND THE
POLITICAL LAW; LOCAL GOVERNMENT; REPUBLIC ACT NO. 7160; DOES NOT CONTAIN ANY EXPRESS AUTHORITY TO EXERCISE SUCH POWERS AS ARE BY ITS CHARTER VESTED ON IT. — This Court holds
PROVISION CATEGORICALLY REPEALING THE CHARTER OF THE LAGUNA LAKE DEVELOPMENT that Section 149 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991,
AUTHORITY. — We hold that the provisions of Republic Act No. 7160 do not necessarily repeal the has not repealed the provisions of the charter of the Laguna Lake Development Authority, Republic
aforementioned laws creating the Laguna Lake Development Authority and granting the latter water Act No. 4850, as amended. Thus, the Authority has the exclusive jurisdiction to issue permits for the
rights authority over Laguna de Bay and the lake region. The Local Government Code of 1991 does enjoyment of fishery privileges in Laguna de Bay to the exclusion of municipalities situated therein
not contain any express provision which categorically expressly repeal the charter of the Authority. It and the authority to exercise such powers as are by its charter vested on it. Removal from the
has to be conceded that there was no intent on the part of the legislature to repeal Republic Act No. Authority of the aforesaid licensing authority will render nugatory its avowed purpose of protecting
4850 and its amendments. The repeal of laws should be made clear and expressed. and developing the Laguna Lake Region. Otherwise stated, the abrogation of this power would render
ADMINISTRATIVE AGENCIES; LAGUNA LAKE DEVELOPMENT AUTHORITY; A REGULATORY AND useless its reason for being and will in effect denigrate, if not abolish, the Laguna Lake Development
QUASIJUDICIAL BODY. — In respect to the question as to whether the Authority is a quasi-judicial Authority. This, the Local Government Code of 1991 had never intended to do.
agency or not, it is our holding that, considering the provisions of Section 4 of Republic Act No. 4850 RA 7611: Strategic Environmental Plan for Palawan
and Section 4 of Executive Order No. 927, series of 1983, and the ruling of this Court in Laguna Lake
Development Authority vs. Court of Appeals, 231 SCRA 304, 306, which we quote: ". . . As a general Sec.1 Title. This Act shall be known as the "Strategic Environmental Plan (SEP) for Palawan Act."
rule, the adjudication of pollution cases generally pertains to the Pollution Adjudication Board (PAB),
except in cases where the special law provides for another forum. It must be recognized in this regard Sec.2 Declaration of Policy. It is hereby declared the policy of the State to protect, develop and
that the LLDA, as a specialized administrative agency, is specifically mandated under Republic Act No. conserve its natural resources. Toward this end, it shall assist and support the implementation of
4850 and its amendatory laws to carry out and make effective the declared national policy of plans, programs and projects formulated to preserve and enhance the environment, and at the same
promoting and accelerating the development and balanced growth of the Laguna Lake area and the time pursue the socioeconomic development goals of the country. It shall support and promote the
surrounding provinces of Rizal and Laguna and the cities of San Pablo, Manila, Pasay, Quezon and sustainable development goals for the provinces through proper conservation, utilization and
Caloocan with due regard and adequate provisions for environmental management and control, development of natural resources to provide optimum yields on a continuing basis. With specific
preservation of the quality of human life and ecological systems, and the prevention of undue reference to forest resources, the State shall pursue and implement forest conservation and
ecological disturbances, deterioration and pollution. Under such a broad grant of power and protection through the imposition of a total commercial logging ban as hereinafter provided.
authority, the LLDA, by virtue of its special charter, obviously has the responsibility to protect the It shall also adopt the necessary measures leading to the creation of an institutional machinery
inhabitants of the Laguna Lake region from the deleterious effects of pollutants emanating from the including, among others, fiscal and financial programs to ensure the effective and efficient
discharge of wastes from the surrounding areas. In carrying out the aforementioned declared policy, implementation of environmental plans, programs, and projects.
the LLDA is mandated, among others, to pass upon and approve or disapprove all plans, programs,
It shall also promote and encourage the involvement of all sectors of society and maximize people Sec. 5 Strategic Environmental Plan (SEP) Philosophy. - The SEP shall have, as its general philosophy,
participation in natural resource management, conservation and protection. the sustainable development of Palawan, which is the improvement in the quality of life of its people
in the present and future generations through the use of complementary activities of development
Sec. 3 Definition of Terms. - As used in this Act, the following terms are defined as follows: and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow
(1) "Palawan" refers to the Philippine province composed of islands and islets located 70 47' and 120 upcoming generations to sustain development growth. It shall have the following features:
22' north latitude and 1170 00' and 110 951' east longitude, generally bounded by the South China 1) Ecological viability - The physical and biological cycles that maintain the productivity of natural
Sea to the northwest and by the Sulu Sea to the east; ecosystems must always be kept intact;
(2) "Sustainable development" means the improvement in the quality of life of the present and future (2) Social acceptability - The people themselves, through participatory processes, should be fully
generations through the complementation of development and environmental protection activities; committed to support sustainable development activities by fostering equity in access to resources
(3) "Natural resources" refers to life-support systems such as the sea, coral reefs, soil, lakes, rivers, and the benefits derived from them; and
streams, and forests as well as useful products found therein such as minerals, wildlife, trees and (3) Integrated approach - This allows for a holistic view of problems and issues obtaining in the
other plants, including the aesthetic attributes of scenic sites that are not man-made; environment as well as opportunities for coordination and sharing that will eventually provide the
(4) "Tribal land areas" refers to the areas comprising both land and sea that are traditionally occupied resources and political will to actually implement and sustain SEP activities.
by the cultural minorities; Sec.7 Environmentally Critical Areas Network (ECAN) -The SEP shall establish a graded system of
(5) "Environmentally critical areas" refers to terrestrial, aquatic and marine areas that need special protection and development control over the whole of Palawan, including its tribal lands forests,
protection and conservation measures as they are ecologically fragile; mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, sea grass beds and
the surrounding sea. This shall be known as the Environmentally Critical Areas Network, hereinafter
(6) "Participatory processes" means the involvement of all the key sectors of development, from the referred to as ECAN, and shall serve as the main strategy of the SEP.
grassroots to the policy-making bodies of the National Government, in providing the values and ideas
from which strategic development and environmental protection action can come about; The ECAN shall ensure the following:

(7) "Conservation" refers to the wise use of natural resources that assures regeneration and (I) Forest conservation and protection through the imposition of a total commercial logging ban in all
replenishment for continuous benefit; areas of maximum protection and in such other restricted use zones as the Palawan Council for
Sustainable Development as hereinafter created may provide;
(8) "Ecology" refers to the life-sustaining interrelationship and interactions of organisms with each
other and with their physical surroundings; (2) Protection of watersheds;

(9) "Commercial logging" refers to the cutting, felling or destruction of trees from old growth and (3) Preservation of biological diversity;
residual forests for the purpose of selling or otherwise disposing of the cut or felled logs for profit; (4) Protection of tribal people and the preservation of their culture.
(10) "SEP" refers to the Strategic Environmental Plan discussed in Section 4 of this Act; (5) Maintenance of maximum sustainable yield;
(11) "ECAN" refers to the Environmentally Critical Areas Network as provided in Section 7 of this Act; (6) Protection of the rare and endangered species and their habitat;
and
(7) Provision of areas [or environmental and ecological research, education and training; and
(I2) "EMES" refers to the Environmental Monitoring and Evaluation System provided in Section 13 of
this Act. (8) Provision of areas for tourist and recreation.

Sec.4 Strategic Environmental Plan. -A comprehensive, framework for the sustainable development of Sec.8 Main Components. - The areas covered by the ECAN shall be classified into three (3) main
Palawan compatible with protecting and enhancing the natural resources and endangered components;
environment of the province is hereby adopted. Such framework shall be known as the Strategic
Environmental Plan for Palawan, hereinafter referred to as SEP and shall serve to guide the local (1) Terrestrial - The terrestrial component shall consist of the mountainous as well as ecologically
government of Palawan and the government agencies concerned in the formulation and important low hills and lowland areas of the whole province. It may be further subdivided into
implementation of plans, programs and projects affecting said province. smaller management components;
(2) Coastal/marine area - This area includes the whole coastline up to the open sea. This is that should be sought would be that of the Secretary of the Department of Agriculture. However, the
characterized by active fisheries and tourism activities; and requirement of approval by the Secretary has been dispensed with.

(3) Tribal ancestral lands -These are the areas traditionally occupied by the cultural communities. SYLLABUS: CONSTITUTIONAL LAWS; SOCIAL JUSTICE AND HUMAN RIGHTS; AGRARIAN AND NATURAL
RESOURCES REFORM; SUBSISTENCE FISHERMEN; DISTINGUISHED FROM MARGINAL FISHERMEN. —
Tano v. Socrates [1997] Since the Constitution does not specifically provide a definition of the terms "subsistence" or
DAVIDE, JR., J p: "marginal" fishermen, they should be construed in their general and ordinary sense. A marginal
On December 15, 1992, the Sangguniang Panlungsod of Puerto Princesa City enacted Ordinance No. fisherman is an individual engaged in fishing whose margin of return or reward in his harvest of fish
15-92 banning the shipment of all live fish and lobster outside Puerto Princesa City effective for five as measured by existing price levels is barely sufficient to yield a profit or cover the cost of gathering
years. To implement the ordinance, the City Mayor of Puerto Princesa City issued Office Order No. 23 the fish, while a subsistence fisherman is one whose catch yields but the irreducible minimum for his
dated January 23, 1993, ordering inspections on cargoes containing live fish and lobster being livelihood. Section 131(p) of the LGC (R.A. No. 7160) defines a marginal farmer or fisherman as "an
shipped out from air and sea. Likewise, on February 19, 1993, the Sangguniang Panlalawigan of the individual engaged in subsistence farming or fishing which shall be limited to the sale, barter or
Provincial Government of Palawan, enacted Resolution No. 33 and Ordinance No. 2, series of 1993, exchange of agricultural or marine products produced by himself and his immediate family." It bears
prohibiting the catching, gathering, possessing, buying, selling and shipment of live marine coral repeating that nothing in the record supports a finding that any petitioner falls within these
dwelling aquatic organisms for a period of five years. definitions.

Petitioners challenged the aforementioned ordinances and office order on the ground that it 6. ID.; ID.; ID.; PREFERENTIAL RIGHT OF SUBSISTENCE OR MARGINAL FISHERMEN TO THE USE OF
deprived them of due process of law, their livelihood, and unduly restricted them from the practice of MARINE RESOURCES IS NOT AT ALL ABSOLUTE. — Anent Section 7 of Article XIII, it speaks not only of
their trade. the use of communal marine and fishing resources, but of their protection, development and
conservation. As hereafter shown, the ordinances in question are meant precisely to protect and
The Supreme Court ruled that the challenged ordinances do not suffer any infirmity, both under the conserve our marine resources to the end that their enjoyment may be guaranteed not only for the
Constitution and applicable laws, including the Local Government Code. There is no showing that any present generation, but also for the generations to come. The socalled "preferential right" of
of the petitioners qualifies as a subsistence or marginal fisherman. subsistence or marginal fishermen to the use of marine resources is not at all absolute. In accordance
with the Regalian Doctrine, marine resources belong to the State, and, pursuant to the first paragraph
The Local Government Code vests municipalities with the power to grant fishery privileges in of Section 2, Article XII of the Constitution, their "exploration, development and utilization . . . shall be
municipal waters and impose rentals, fees or charges therefor. The Sangguniangs are directed to under the full control and supervision of the State." Moreover, their mandated protection,
enact ordinances that protect the environment and impose appropriate penalties for acts which development and conservation as necessarily recognized by the framers of the Constitution, imply
endanger the environment such as dynamite fishing and other forms of destructive fishing. One of certain restrictions on whatever right of enjoyment there may be in favor of anyone.
the devolved powers under the Code is the enforcement of fishery laws in municipal waters including
the conservation of mangroves. In light then of the principles of decentralization and devolution and LGC HAS THE POWER TO ENFORCE FISHERIES LAWS IN MUNICIPAL WATERS INCLUDING THE
the powers granted therein to local government units under the General Welfare Clause and those CONSERVATION OF MANGROVE. — One of the devolved powers enumerated in the section of the
which involve the exercise of police power, the validity of the questioned Ordinances cannot be LGC on devolution is the enforcement of fishery laws in municipal waters including the conservation
doubted. of mangroves. This necessarily includes the enactment of ordinances to effectively carry out such
fishery laws within the municipal waters. The term "municipal waters," in turn, includes not only
The ordinances find full support under R.A. 7611, otherwise known as the Strategic Environment Plan streams, lakes, and tidal water within the municipality, not being the subject of private ownership
(SEP) for Palawan Act, approved on 19 June 1992 which adopts a comprehensive framework for the and not comprised within the national parks, public forest, timber lands, forest reserves, or fishery
sustainable development of Palawan compatible with protecting and enhancing the natural resources reserves, but also marine waters included between two lines drawn perpendicularly to the general
and endangered environment of the province. coastline from points where the boundary lines of the municipality or city touch the sea at low tide
The dissenting opinion of Justice Bellosillo relies upon the lack of authority on the part of the and a third line parallel with the general coastline and fifteen kilometers from it. Under P.D. No. 704,
Sangguniang Panlungsod of Puerto Princesa to enact Ordinance No. 15, series of 1992, as the subject the marine waters included in municipal waters is limited to three nautical miles from the general
thereof is within the jurisdiction and responsibility of the Bureau of Fisheries and Aquatic Resources coastline using the above perpendicular lines and a third parallel line.
(BFAR) under P.D. No. 704, the Fisheries Decree of 1975, and the ordinance is unenforceable for lack 10. ID.; ID.; ID.; SCOPE. — These "fishery laws" which local government units may enforce under
of approval by the Secretary of the Department of Environment and Natural Resources (DENR) under Section 17(b)(2)(i) in municipal waters include: (1) P.D. No. 704; (2) P.D. No. 1015 which, inter alia,
P.D. 704. But BFAR is no longer under the Department of Natural Resources (now DENR), but under authorizes the establishment of a "closed season" in any Philippine water if necessary for
the Ministry of Agriculture and Food and converted into a mere staff agency thereof. The approval
conservation or ecological purposes; (3) P.D. No. 1219 which provides for the exploration, this view. The jurisdiction and responsibility of the BFAR under P.D. No. 704, over the management,
exploitation, utilization and conservation of coral resources; (4) R.A. No. 5474, as amended by B.P. conservation, development, protection, utilization and disposition of all fishery and aquatic resources
Blg. 58, which makes it unlawful for any person, association or corporation to catch or cause to be of the country is not all encompassing. First, Section 4 thereof excludes from such jurisdiction and
caught, sell, offer to sell, purchase, or have in possession any of the fish specie called gobiidae or responsibility municipal waters, which shall be under the municipal or city government concerned,
"ipon" during closed season; and (5) R.A. No. 6451 which prohibits and punishes electrofishing, as except insofar as fishpens and seaweed culture in municipal centers are concerned. This section
well as various issuances of the BFAR. To those specifically devolved insofar as the control and provides, however, that all municipal or city ordinances and resolutions affecting fishing and fisheries
regulation of fishing in municipal waters and the protection of its marine environment are concerned, and any disposition thereunder shall be submitted to the Secretary of the Department of Natural
must be added the following: 1. Issuance of permits to construct fish cages within municipal waters; Resources for appropriate action and shall have full force and effect only upon his approval. Second,
2. Issuance of permits to gather aquarium fishes within municipal waters; 3. Issuance of permits to it must at once be pointed out that the BFAR is no longer under the Department of Natural Resources
gather kapis shells within municipal waters; 4. Issuance of permits to gather/culture shelled mollusks (now Department of Environment and Natural Resources). Executive Order No. 967 of 30 June 1984
within municipal waters; 5. Issuance of licenses to establish seaweed farms within municipal waters; transferred the BFAR from the control and supervision of the Minister (formerly Secretary) of Natural
6. Issuance of licenses to establish culture pearls within municipal waters; 7. Issuance of auxiliary Resources to the Ministry of Agriculture and Food (MAF) and converted it into a mere staff agency
invoice to transport fish and fishery products; and 8. Establishment of "closed season" in municipal thereof, integrating its functions with the regional offices of the MAF.
waters. These functions are covered in the Memorandum of Agreement of 5 April 1994 between the
Department of Agriculture and the Department of Interior and Local Government. 13. ID.; SECRETARY OF THE DEPARTMENT OF AGRICULTURE; APPROVAL OF MUNICIPAL ORDINANCE
AFFECTING FISHING AND FISHERIES IN MUNICIPAL WATERS HAS BEEN DISPENSED WITH; REASON
11. ID.; ID.; HAS THE POWER, INTER ALIA, TO ENACT ORDINANCE TO ENHANCE THE RIGHT OF THE THEREFOR. — In Executive Order No. 116 of 30 January 1987, which reorganized the MAF, the BFAR
PEOPLE TO A BALANCED ECOLOGY. — Under the general welfare clause of the LGC, local government was retained as an attached agency of the MAF. And under the Administrative Code of 1987, the
units have the power, inter alia, to enact ordinances to enhance the right of the people to a balanced BFAR is placed under the Title concerning the Department of Agriculture. Therefore, it is incorrect to
ecology. It likewise specifically vests municipalities with the power to grant fishery privileges in say that the challenged Ordinance of the City of Puerto Princesa is invalid or unenforceable because it
municipal waters, and impose rentals, fees or charges therefor; to penalize, by appropriate was not approved by the Secretary of the DENR. If at all, the approval that should be sought would be
ordinances, the use of explosives, noxious or poisonous substances, electricity, muro-ami, and other that of the Secretary of the Department of Agriculture. However, the requirement of approval by the
deleterious methods of fishing; and to prosecute any violation of the provisions of applicable fishery Secretary of the Department of Agriculture (not DENR) of municipal ordinances affecting fishing and
laws. Finally, it imposes upon the sangguniang bayan, thesangguniang panlungsod, and the fisheries in municipal waters has been dispensed with.
sangguniang panlalawigan the duty to enact ordinances to "[p]rotect the environment and impose
appropriate penalties for acts which endanger the environment such as dynamite fishing and other ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT PD1586
forms of destructive fishing . . . and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological imbalance." OVERVIEW: it is the study of the environment WITH or WITHOUT the chemical project

12. ID.; BUREAU OF FISHERIES AND AQUATIC RESOURCES; JURISDICTION AND RESPONSIBILITY OVER  Law establishing an environmental impact statement system, including other environmental
ALL FISHERY AND AQUATIC RESOURCES OF THE COUNTRY; NOT ALLENCOMPASSING. — The nexus management-related measures.
then between the activities barred by Ordinance No. 15-92 of the City of Puerto Princesa and the  This is a PLANNING/MANAGEMENT tool
prohibited acts provided in Ordinance No. 2, Series of 1993 of the Province of Palawan, on one hand,  EIA – procedure
and the use of sodium cyanide, on the other, is painfully obvious. In sum, the public purpose and  EIS – document passed to the Department
reasonableness of the Ordinances may not then be controverted. As to Office Order No. 23, Series of
1993, issued by Acting City Mayor Amado L. Lucero of the City of Puerto Princesa, we find nothing Purpose: To attain and maintain a rational and orderly balance between socio-economic growth and
therein violative of any constitutional or statutory provision. The Order refers to the implementation environmental protection
of the challenged ordinance and is not the Mayor's Permit. The dissenting opinion of Mr. Justice
Josue N. Bellosillo relies upon the lack of authority on the part of the Sangguniang Panlungsod of This established an ENVIRONMENTAL IMPACT STATEMENT SYSTEM founded and based on
Puerto Princesa to enact Ordinance No. 15, Series of 1992, on the theory that the subject thereof is environmental impact statement, required under Section 4 of P.D. No. 1151, of all agencies,
within the jurisdiction and responsibility of the Bureau of Fisheries and Aquatic Resources (BFAR) instrumentalities of national government, including GOCCs, as well as private corporations and
under P.D. No. 704, otherwise known as the Fisheries Decree of 1975; and that, in any event, the entities for every proposed project/undertaking which significantly affect the quality of the
Ordinance is unenforceable for lack of approval by the Secretary of the Department of Natural environment.
Resources (DNR), likewise in accordance with P.D. No. 704. The majority is unable to accommodate
Section 4 of P.D. No. 1151 provides:  Areas of critical slope
Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all  Areas classified as prime agricultural lands
agencies and instrumentalities of the national government, including government-owned or  Recharged areas of aquifers
controlled corporations, as well as private corporations firms and entities shall prepare, file and  Waterbodies
include in every action, project or undertaking which significantly affects the quality of the  Mangrove areas
environment a detail statement on:  Coral reefs

(a) The environmental impact of the proposed action, project or undertaking  Violators shall be punished by the suspension of cancellation of his/its certificate and or fine
(b) Any adverse environmental effect which cannot be avoided should the proposal be implemented; for each violation
(c) Alternative to the proposed action;
(d) 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 PROCLAMATION 2146 (ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF THE
(e) Whenever a proposal involves the use of depletable or non-renewable resources, a finding must ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER PRESIDENTIAL DECREE NO.
be made that such use and commitment are warranted. 1586.)

WHO DECLARES THE CRITICAL AREAS A. Environmentally Critical Projects

 Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. - The a. Heavy Industries
President of the Philippines may, on his own initiative or upon recommendation of the i. Non-ferrous metal industries
National Environmental Protection Council, by proclamation declare certain projects, ii. Iron and steel mills
undertakings or areas in the country as environmentally critical. No person, partnership or iii. Petroleum and petro-chemical industries including oil and gas
corporation shall undertake or operate any such declared environmentally critical project or iv. Smelting plants
area without first securing an Environmental Compliance Certificate issued by the President b. Resource Extractive Industries
or his duly authorized representative. i. Major mining and quarrying projects
ii. Forestry projects
FEATURES: 1. Logging
 Declared environmentally critical projects and areas are required to obtain an 2. Major wood processing projects
Environmental Compliance Certificate before operation 3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
 Environmentally Critical Projects includes 5. Extraction of mangrove products
1. heavy industries, 6. Grazing
2. resource extractive industries, iii. Fishery Projects
3. infrastructure projects, 1. Dikes for/and fishpond development projects
4. golf course projects c. Infrastructure Projects
5. i. Major dams
Characteristics of Environmentally Critical Areas: ii. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
 Areas declared by law as natural parks, watershed reserves, wildlife reserves, and iii. Major reclamation projects
sanctuaries iv. Major roads and bridges
 Areas set aside as aesthetic, potential tourist spots
 Areas which constitute the habitat for any endangered or threatened species of B. Environmentally Critical Areas
indigenous Philippine wildlife (flora and fauna) a. All areas declared by law as national parks, watershed reserves, wildlife preserves and
 Areas of unique historical, archeological, geological or scientific interests sanctuaries;
 Areas which are traditionally occupied by cultural communities or tribes b. Areas set aside as aesthetic potential tourist spots;
 Areas frequently visited and/or hard hit by natural calamities (geologic hazards, floods, c. Areas which constitute the habitat for any endangered or threatened species of
typhoons, volcanic activity, etc.) indigenous Philippine Wildlife (flora and fauna);
 d. Areas of unique historic, archaeological, or scientific interests; matter. In other words, a project that is categorized as an ECP falls under the authority of
e. Areas which are traditionally occupied by cultural communities or tribes; the EMB and must follow the steps identified with the preparation of an EIS.
f. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.); EIA STAGES
g. Areas with critical slopes;
h. Areas classified as prime agricultural lands; 1. Screening - Determines if a project is covered or not covered by the PEISS (Philippine
i. Recharged areas of aquifers; Environmental Impact Statement System). If a project is covered, screening further
j. Water bodies characterized by one or any combination of the following conditions; determines what document type the project should prepare to secure the needed approval,
i. tapped for domestic purposes and what the rest of the requirements are in terms of EMB office of application, endorsing
ii. within the controlled and/or protected areas declared by appropriate authorities and decision authorities, duration of processing.
iii. which support wildlife and fishery activities
k. Mangrove areas characterized by one or any combination of the following conditions: 2. Scoping - Identifies the most significant issues/impacts of a proposed project, and then,
i. with primary pristine and dense young growth; delimits the extent of baseline information to those necessary to evaluate and mitigate the
ii. adjoining mouth of major river systems; impacts.
iii. near or adjacent to traditional productive fry or fishing grounds;
iv. which act as natural buffers against shore erosion, strong winds and storm 3. EIA Study and Report Preparation - Involves a description of the proposed project and its
floods; alternatives, characterization of the project environment, impact identification and
v. on which people are dependent for their livelihood. prediction, evaluation of impact significance, impact mitigation, formulation of
l. Coral reefs characterized by one or any combinations of the following conditions Environmental Management and Monitoring Plan,
i. With 50% and above live coralline cover;
ii. Spawning and nursery grounds for fish; 4. EIA Report Review and Evaluation - An EMB procedural screening for compliance to
iii. which act as natural breakwater of coastlines. minimum requirements specified during Scoping, followed by a substantive review of either
composed third party experts commissioned by EMB as the EIA Review Committee for
What is an ENVIRONMENTAL IMPACT ASSESSMENT (EIA)? PEIS/EIS-based applications, or DENR/EMB internal specialists, the Technical Committee, for
IEE based applications.
 It is the process of predicting the likely environmental consequences of implementing a
project or undertaking, and designing appropriate preventive, mitigating and enhancement 5. Decision Making - Involves evaluation of EIA recommendations and the draft decision
measures. document, resulting to the issuance of an ECC, CNC or Denial Letter. When approved, a
 EIA provides options for the project to be implemented with assurance that the quality of covered project is issued its certificate of Environmental Compliance Commitment (ECC)
the environment and well- being of people will be safe-guarded. HENCE, EIA is a PLANNING while an application of a non-covered project is issued a Certificate of Non-Coverage (CNC).
TOOL.
6. Monitoring, Validation and Evaluation - Assesses performance of the Proponent against the
REAL PURPOSE OF EIA: ECC and its commitments in the Environmental Management and Monitoring Plans to
1. To aid the proponent/applicant on environmental considerations prior to starting ensure actual impacts of the project are adequately prevented or mitigated.
construction works on the project.
2. To aid agencies in considering EIA results in their decision making for their respective RP VS CITY OF DAVAO 388 SRA 691
permitting system
FACTS: City of Davao filed an application for a Certificate of Non-Coverage (CNC) for its proposed
ENVIRONMENTALLY CRITICAL PROJECTS (ECP): project, the ARTICA Sports Dome. The application was filed with the DENR-Environmental
 The project include activities that have significant environmental consequences Management Bureau (EMB). Attached is a certificate from Planning & Development Office that the
 A project in this category is likely to have significant adverse impact that may be sensitive, project is not located in a critical area.
irreversible and diverse. If the project is an ECP, an EIS document will have to be submitted.
It will be the Environmental Management Bureau (EMB-Manila) that has jurisdiction on the EMB denied application. It found:
  Davao is located in an environmentally-critical area. of a business is essentially addressed to the then National Pollution Control Commission of the
 It must undergo Environmental Impact Assessment process and submit EIS. Ministry of Human Settlements, now the Environmental Management Bureau of the Department
of Environment and Natural Resources, it must be recognized that the mayor of a town has as
Davao filed a petition for mandamus and injunction with the RTC. RTC granted. It held that nothing in much responsibility to protect its inhabitants from pollution, and by virture of his police power,
P.D. No. 1586 requires LGU to comply. 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
ISSUES: residents of the community from the emissions in the operation of the business.
2. The Acting Mayor, in the letter, called the attention of petitioner to the pollution emitted by the
1. Whether Davao City, as a local government unit, is covered by PD No. 1586. fumes of its plant whose offensive odor "not only pollute the air in the locality but also affect the
2. Whether CNC should be issued to it. health of the residents in the area," so that petitioner was ordered to stop its operation until
further orders and it was required to bring the following: 
HELD:
a. Building permit; 
1. YES. Sec. 16 of the Local Government Code states that among the duties of an LGU is to promote b. b. Mayor's permit; and 
people’s right to a balanced ecology. Hence, it is not exempt c. Region III-Department of Environment and Natural Resources Anti-Pollution permit.

Also, as per the Civil Code, a person is either natural or juridical. The State and its political 3. This action of the Acting Mayor was in response to the complaint of the residents of Barangay
subdivisions are juridical persons. Hence, LGU is a person covered by PD No. 1586. 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. It found
2. YES. Davao has sufficiently shown that the project area is not environmentally-critical. that the fumes emitted by the plant of petitioner goes directly to the surrounding houses and
Proclamation 2146 laid down all the environmentally-critical areas/projects. The Sports Dome does that no proper air pollution device has been installed. 
not fall under any of the categories. 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.
Technology Developers Inc vs CA (193 SCRA 147; 1991)  
Bangus Fry Fisherfolk VS Lanzanas (G.R. No. 131442; July 10, 2003)
FACTS: Technology Developers Inc. is engaged in manufacturing and exporting charcoal briquette. On
February 16, 1989, they received a letter from respondent Acting Mayor Pablo Cruz, ordering the full
FACTS: Regional Executive Director Antonio G. Principe ("RED Principe") of Region IV, Department of
cessation of the operation of the petitioner’s plant in Sta. Maria, Bulacan. The letter also requested
Environment and Natural Resources ("DENR"), issued an Environmental Clearance Certificate ("ECC")
the company to show to the office of the mayor some documents, including the Building permit,
in favor of respondent National Power Corporation("NAPOCOR"). The ECC authorized NAPOCOR to
mayor’s permit, and Region III-Pollution of Environmental and Natural Resources Anti-Pollution
construct a temporary mooring facility in Minolo Cove, Sitio Minolo, Barangay San Isidro, Puerto
Permit. Since the company failed to comply in bringing the required documents, respondent Acting
Galera, Oriental Mindoro. The Sangguniang Bayan of Puerto Galera has declared Minolo Cove, a
Mayor, without notice, caused the padlock of company’s plant premises, effectively causing stoppage
mangrove area andbreeding ground for bangus fry, an eco-tourist zone. The mooring facility would
of its operation. Technology Developers then instituted an action for certiorari, prohition, mandamus
serve as the temporary docking site of NAPOCOR's power barge, which, due to turbulent waters at its
with preliminary injuction against respondents, alleging that the closure order was issued in grave
former mooring site in Calapan, Oriental Mindoro, required relocation to a safer site like Minolo
abuse of discretion. The lower court ruled against the company. The CA affirmed the lower court’s
Cove. The 14.4 megawatts power barge would provide the main source of power for the entire
ruling.
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
ISSUES: Whether or not the mayor has authority to order the closure of the plant. YES.
issuance or until 30June 1999. Petitioners, claiming to be fisher folks from Minolo, San Isidro, Puerto
Whether or not the closure order was done with grave abuse of discretion. NO.
Galera, sought reconsideration of the ECC issuance. Petitioners filed a complaint with the Regional
 
Trial Court of Manila, Branch 7, for the cancellation of the ECC and for the issuance of a writ of
HELD:
injunction to stop the construction of the mooring facility. Petitioners opposed the motion on the
ground that there was no need to exhaust administrative remedies. They argued that the issuance of
1. No mayor's permit had been secured. While it is true that the matter of determining whether
the ECC was in patent violation of Presidential Decree No. 1605, 8 Sections 26 and 27 of Republic Act
there is a pollution of the environment that requires control if not prohibition of  the operation
No. 7160, and the provisions of DENR Department Administrative Order No. 96-37 ("DAO 96-37") on
the documentation of ECC applications. Petitioners also claimed that the implementation of the ECC the scenery, the natural and historic objects, wild animals and plants therein and to provide
was in patent violation of its terms. TC dismissed complaint. enjoyment of these features in such areas;
 Examples:
ISSUE: Whether the trial court erred in dismissing petitioners' complaint for lack of causeaction and
lack of jurisdiction. Hundred Islands in Alaminos Pangasinan
Mt. Pulag National Park (Benguet, Ifugao)
HELD: Jurisdiction over the subject matter of a case is conferred by law. Such jurisdiction is What are natural parks?
determined by the allegations in the complaint, irrespective of whether the plaintiff is entitled to all  a relatively large area not materially altered by human activity where extractive resource uses
or some of the reliefs sought. A perusal of the allegations in the complaint shows that petitioners' are not allowed and maintained to protect outstanding natural and scenic areas of national or
principal cause of action is the alleged illegality of the issuance of the ECC. The violation of laws on international significance for scientific, educational and recreational use;
environmental protection and on local government participation in the implementation of  Apo Reef Natural Park (Oriental Mindoro)
environmentally critical projects is an issue that involves the validity of NAPOCOR's ECC. If the ECC is  Mayon Volcano (Albay, Bicol)
void, then as a necessary consequence, NAPOCOR or the provincial government of Oriental Mindoro
could not construct the mooring facility. The subsidiary issue of non-compliance with pertinent local What are natural monuments?
ordinances in the construction of the mooring facility becomes immaterial for purposes of granting
petitioners' main prayer, which is the annulment of the ECC. Thus, if the court has jurisdiction to  is a relatively small area focused on protection of small features to protect or preserve
determine the validity of the issuance of the ECC, then it has jurisdiction to hear and decide nationally significant natural features on account of their special interest or unique
petitioners' complaint. Clearly, the Manila RTC has jurisdiction to determine the validity of the characteristics
issuance of the ECC, although it could not issue an injunctive writ against the DENR or NAPOCOR.  Chocolate Hills (Bohol)
However, since the construction of the mooring facility could not proceed without a valid ECC, the How will this be operationalized?
validity of the ECC remains the determinative issue in resolving petitioners' complaint.
 The DENR shall submit to the Senate and the House of Representatives a map and legal
CONSERVATION AND MANAGEMENT OF NATURAL RESOURCES descriptions or natural boundaries of each protected area initially comprising the System.
 It will also be made public
RA 7586 [NIPAS Act]
How will this be operationalized?
What does this act aim to do?
 Notify the public of the proposed action
 to secure for the Filipino people of present and future generations the perpetual existence of  the President shall issue a presidential proclamation designating the recommended areas as
all native plants and animals through the establishment of a comprehensive system of protected areas and providing for measures for their protection until such time when Congress
integrated protected areas within the classification of national park as provided for in the shall have enacted a law finally declaring such recommended areas as part of the integrated
Constitution. protected area systems;
 to establish a National Integrated Protected Areas System (NIPAS)
Who will be in charge of administration and management of the system?
What are protected areas?
 The National Integrated Protected Areas System is hereby placed under the control and
 refers to identified portions of land and water set aside by reason of their unique physical and administration of the Department of Environment and Natural Resources.
biological significance, managed to enhance biological diversity and protected against  A Protected Areas and Wildlife Division will be created as a division in the regional offices of
destructive human exploitation; the DENR.

What are national parks? What is the Protected Area Management Board?

 refers to a forest reservation essentially of natural wilderness character which has been  The Board shall, by a majority vote, decide the allocations for budget, approve proposals for
withdrawn from settlement, occupancy or any form of exploitation except in conformity with funding, and decide matters relating to planning, peripheral protection and general
approved management plan and set aside as such exclusively to conserve the area or preserve administration of the area in accordance with the general management strategy.
What is Environmental Impact Assessment? units and other concerned groups, from any form of exploitation or destruction which may be
detrimental to the survival of species dependent upon these areas.
 Proposals for activities which are outside the scope of the management plan for protected
areas shall be subject to an environmental impact assessment as required by law before they The introduction, reintroduction or re-stocking of endemic and indigenous wildlife shall be allowed
are adopted, and the results thereof shall be taken into consideration in the decision-making only for population enhancement or recovery. Any introduction shall be subject to a scientific study.
process. The Act also prohibits the introduction of exotic species into protected areas and critical habitats. If
 Republic of the Philippines vs City of Davao G.R. No. 148622 and when introduction is allowed, it shall be subjected to environmental impact assessment and the
informed consent from local stakeholders.
What if the protected area is an ancestral land?
Conservation breeding or propagation of threatened species shall be encouraged to enhance its
 Ancestral lands and customary rights and interest arising shall be accorded due recognition. population in its natural habitat. Breeding shall be done simultaneously with the rehabilitation and
 The DENR shall prescribe rules and regulations to govern ancestral lands within protected protection of the habitat where the captive-bred or propagated species shall be released or
areas. They can be evicted by the DENR or arranged in a resettlement without their consent reintroduced. When economically important species become threatened, collection shall be limited
provided there is notice and hearing. to scientific, educational or breeding purposes.
What are the prohibited acts? The Act makes it unlawful for any person to undertake the following:
 Hunting, destroying, disturbing, or mere possession of any plants or animals or products  killing and destroying wildlife species, except when it is done as part of the religious rituals of
derived therefrom without a permit from the Management Board; established tribal groups or indigenous cultural communities, when the wildlife is afflicted
 Dumping of any waste products detrimental to the protected area, or to the plants and with an incurable communicable disease, when it is deemed necessary to put an end to the
animals or inhabitants misery suffered by the wildlife, or when it is done to prevent an imminent danger to the life
 Use of any motorized equipment without a permit from the Management Board or limb of a human being; when the wildlife is killed or destroyed after it has been used in
 Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural authorized research or experiments
communities (of scenic value)  inflicting injury which cripples and/or impairs the reproductive system of wildlife species
 Damaging and leaving roads and trails in a damaged condition
 effecting any of the following acts in critical habitats: dumping of waste products detrimental
 Squatting, mineral locating, or otherwise occupying any land
to wildlife; squatting or otherwise occupying any portion of the critical habitat; mineral
 Constructing or maintaining any kind of structure, fence or enclosures, conducting any
exploration and/or extraction; burning; logging; and quarrying
business enterprise without a permit
 introduction, reintroduction, or restocking of wildlife resource
 Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in
 trading of wildlife
bodies of water
 collecting, hunting or possessing wildlife, their byproducts and derivatives
 Altering, removing destroying or defacing boundary marks or signs
 gathering or destroying of active nests, nest trees, host plants and the like
RA 9147 [Wildlife Act]  maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
 transporting of wildlife.
Approved by President Gloria Macapagal-Arroyo was an important legislative measure geared
towards ensuring environmental sustainability. Originating in the House of Representatives as HB For any person who undertakes these illegal acts, stiff penalties and fines are meted out.
10622, filed by Rep. J.R. Nereus O. Acosta, the Wildlife Resources Conservation and Protection Act Imprisonment of as much as 12 years and a fine of P1 million pesos shall be imposed, if inflicted or
(RA 9147) aims to protect our country’s fauna from illicit trade, abuse and destruction, through (1) undertaken against species listed as critical.
conserving and protecting wildlife species and their habitats, (2) regulating the collection and trade of
wildlife, (3) pursuing, with due regard to the national interest, the Philippine commitment to With the approval of The Wildlife Resources Conservation and Protection Act, Congress continues its
international conventions, protection of wildlife and their habitats, and (4) initiating or supporting commitment to protect the environment to ensure an economically and ecologically sustainable
scientific studies on the conservation of biological diversity. future, following the constitutional mandate of the State to protect and advance the right of its
people to “a balanced and healthful ecology in accord with rhythm and harmony of nature.
The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country,
including critical habitats and protected areas under the National Integrated Protected Areas System RA 8550 [Fisheries Code]
(NIPAS) Act. Exotic species, or species which do not naturally occur in the country, are also covered by
this Act. All designated critical habitats shall be protected, in coordination with the local government
The Code makes provision for the management and conservation of fisheries and aquaculture in the GOVERNING PRINCIPLES
Philippines and the reconstitution or establishment of fisheries institutions both at the national and
local level. The Implementing Rules and Regulations (DENR Administrative Order No.96-40) of the Philippine
Mining Act of 1995 provides strict adherence to the principle of SUSTAINABLE DEVELOPMENT. This
The text consists of 133 sections which are divided into 8 strategy mandates that the needs of the present should be met without compromising the ability of
the future generations to meet their own needs, with the view of improving the quality of life, both
Chapters: Chapter 1 - declares the policy of the State with respect to fisheries and contains a large now and in the future. Sustainable development provides that the use of mineral wealth shall be pro-
definitions section. It is a declared policy to limit access to the fishery and aquatic resources of the people and pro-environment in sustaining wealth creation and improve quality of life.
Philippines for the exclusive use and enjoyment of Filipino citizens. Another principle of policy is the
protection of municipal fishermen. Fishery and aquatic resources shall be managed in a manner The principles of SUSTAINABLE MINING operates under the following terms:
consistent with the concept of integrated coastal area management. Definitions listed in section 4
include: coastal area/zone; commercial fishing; municipal waters; foreshore land; maximum  Mining is a temporary land use for the creation of wealth, leading to an optimum land use in
sustainable yield; post harvest facilities. post-mining stage as consequence of progressive and engineered mine rehabilitation works
done in cycle with mining operations;
Chapter II - contains the main body of rules relative to the management and conservation of fisheries  Mining activities must always be guided by current Best Practices in environmental
and to aquaculture. Fisheries are classified in municipal fisheries, i.e. fishing in municipal waters, and management committed to reducing the impacts of mining while efficiently and effectively
commercial fishing. protecting the environment.
 The wealth created as a result of mining accruing to the Government and the community
Provisions of the Chapter also regulate post-harvest facilities, activities and trade.
should lead to other wealth-generating opportunities for people in the communities and for
The Bureau of Fisheries and Aquatic resources is reconstituted and Fisheries and Aquatic other environment-responsible endeavors.
Management Councils are created under provisions of Chapter III. The Bureau is a national policy  Mining activities shall be undertaken with due and equal regard for economic and
advisory and policy implementation body. A National Fisheries and Aquatic Management Council is environmental considerations, as well as for health, safety, social and cultural concerns.
created under section 70 and municipal/city councils under section 73. These institutions shall assist  Conservation of minerals is effected not only through technological efficiencies of mining
in the formulation of national polices and local policies respectively. The Department of Fisheries may operations but also through the recycling of mineral-based products, to effectively lengthen
designate areas in Philippine waters beyond 15 kilometers of the shoreline as fishery reservation or the usable life of mineral commodities.
fish refuges and sanctuaries in bays, foreshore lands, continental shelf or any fishing ground to be set  The granting of mining rights shall harmonize existing activities, policies and programs of the
aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. Government that directly or indirectly promote self-reliance, development and resource
management. Activities, policies and programs that promote community-based, community
Remaining Chapters deal with fisheries research and development (V), prescribe penalties and oriented and procedural development shall be encouraged, consistent with the principles of
offences (VI), and contain general provisions (VII). people empowerment and grassroots development.
RA 7942 [Mineral Resources Act] ORGANIZATIONAL IMPLEMENTATION - The Mining Act reverts back the Mines and Geosciences
Bureau (MGB) from a Staff to a Line Bureau. Under this arrangement, the MGB Central Office has now
The Philippine Mining Act of 1995 and its Revised Implementing Rules and Regulations (RIRR) is
the administrative jurisdiction and responsibility over its regional offices. The Line Bureau structure
considered in the industry today as one of the most socially and environmentally-sensitive legislations
was contemplated to ensure organizational efficiency and flexibility in managing limited resources
in its class. It has specific provisions that take into consideration:
and technical expertise.
 Local government empowerment;
ROLE OF LOCAL GOVERNMENTS - The IRR highlights the role of local government units (LGUs) in
 Respect and concern for the indigenous cultural communities;
mining projects, both as beneficiaries and as active participants in mineral resources management, in
 Equitable sharing of benefits of natural wealth;
consonance with the Constitution and government policies on local autonomy and empowerment.
 Economic demands of present generation while providing the necessary foundation for
future generations; AREAS CLOSED TO THE MINING APPLICATION
 Worldwide trend towards globalization; and
 Protection for and wise management of the environment. These were the products of long Pursuant to the Mining Act of 1995 and in consonance with State policies and existing laws, areas
periods of assessment, evaluation, and rectification of the sins of the past, the gaps of the may either be closed to mining operations, or conditionally opened, as follows:
old mining law, and the realities of the present times.
Areas CLOSED to mining applications: 3. To provide technical, financial and marketing assistance and efficient collection of
government revenues.
 Areas covered by valid and existing mining rights and applications;
 Old growth or virgin forests, mossy forests, national parks, provincial/municipal forests, tree Through this law, the harmful effects of the classic trade-off between development and environment
parks, greenbelts, game refuge, bird sanctuaries and areas proclaimed as marine could be minimized if not totally avoided. This law was authored by Senator Aquilino Pimentel Jr.
reserve/marine parks and sanctuaries and areas proclaimed as marine reserve/marine parks
and tourist zones as defined by law and identified initial components of the NIPAS, and such With Republic Act 7076 it allows small miners under this law to use only simple equipments like pick
areas as expressly prohibited thereunder, as well as under DENR Administrative Order No. and shovel in extracting gold and other precious metals in their mining areas. In this age of modern
25, s. 1992, and other laws; technology, this law is making sure that the 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
 Areas which the Secretary may exclude based, inter alia, or proper assessment of their
fortune.
environmental impacts and implications on sustainable land uses, such as built-up areas and
critical watershed with appropriate barangay/municipal/ provincial Sanggunian ordinances Under RA 7076, no ancestral land may be declared as a people’s small scale mining area without the
specifying therein the location and specific boundaries of the concerned area; and prior consent of the cultural communities concerned. This respects the rights of the indigenous
 Areas expressly prohibited by law peoples to their ancestral lands which are fully guaranteed under existing laws. The law defines small
miners as Filipino citizens who, individually or in tandem with others, voluntarily form a cooperative,
ANCESTRAL LANDS AND ICC AREAS - The Mining Act fully recognizes the rights of the Indigenous
duly licensed by the Department of Environment and Natural Resources, to engage in the extraction
Peoples (IPs)/Indigenous Cultural Communities (ICCs) and respect their ancestral lands.
or removal of minerals or ore-bearing materials from the ground.
ENVIRONMENTAL AND SAFETY CONCERNS
HIGHLIGHTS - It’s implementing rules lay down the powers and functions of the Department of
A significant feature of the Mining Act of 1995 and its IRR is the premium given to environmental Environment and Natural Resources, the Provincial/City Mining Regulatory Board and in coordination
protection. Stringent measures were institutionalized to ensure the compliance of mining with other concerned government agencies. The DENR together with the other concerned
contractors/operators to internationally accepted standards of environmental management. government agencies is designed to achieve an orderly, systematic and rational scheme for the small-
scale development and utilization of mineral resources in certain mineral areas in order to address
TAXES AND INCENTIVES the social, economic, technical, and environmental connected with small-scale mining activities.
Mining contractors of MPSA and FTAA can avail of fiscal and non-fiscal incentives granted under the While the Provincial/City Mining Regulatory Board (PCMRB) created under the direct supervision and
Omnibus Investment Code of 1987, as amended. control of the Secretary which is the board of PCMRB, is the implementing agency of the Department
of Environment and Natural Resources which has the powers and function subject to review by the
In addition to these incentives, the following are also granted by the Mining Act.
Secretary.
 Incentives for pollution control devises;
PROHIBITED ACTS
 Incentives for income tax carry forward of losses;
 Incentives for income tax accelerated depreciation on fixed assets; Awarded contracts may canceled on the following grounds:
 Investment guarantees, such as investment repatriation, earnings remittance, freedom from
expropriation, and requisition of investment, and confidentiality of information. 1. Non-Compliance with the terms and conditions of the contract and that of existing mining
laws, rules and regulations including those pertaining to mine safety, environmental
RA 7076 [People's Small Scale Mining] protection and conservation, tree cutting, mineral processing and pollution control;
2. Non.-compliance with the contractor's obligations to existing mining claim holders/private
Republic Act No. 7076 (1991), otherwise known as the “People’s Small-Scale Mining Act” defines
landowners as stipulated in Section 13, 17 and 18 of this Order;
small-scale mining as minimum activities which rely heavily on manual labor using simple implements
3. Non-payment of fees, taxes, royalties or government share in accordance with this Order
and methods, and which do not use explosives or heavy mining equipment.
and existing mining laws;
The main purpose of the law is: 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
1. To effect an orderly and systematic disposition of smallscale mining areas in the country; for reasons of national interest and security.
2. To regulate the small-scale mining industry with the view to encourage their growth and
productivity; and
PENALTIES/FINES - When contracts are canceled for grounds from the abovementioned, the WRIT OF KALIKASAN
Secretary may impose fines of an amount not less than Twenty Thousand Pesos (P20, 000.00) but not
more than One Hundred Thousand Pesos (P100, 000.00). Non-payment of the fine imposed shall NATURE OF THE WRIT
render the small-scale mining contractor ineligible for other small-scale mining contracts.  REMEDY available to a natural or juridical person, entity authorized by law, people’s
PD 705 [Forestry Reform Code] organization, non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose constitutional right to a
Forest management in the Philippines is governed by Presidential Decree No. 705, also known as the balanced and healthful ecology is violated OR threatened with violation by an unlawful act or
“Revised Forestry Code of the Philippines”. Issued on 19 May 1975, the decree, specifically Section 2, omission of a public official or employee, or private individual or entity involving
outlines the policies of the state for the management of forest resources as follows: environmental damage of such magnitude as to prejudice the life, health or property of
1. Multiple use of forestland shall be oriented to the country’s development and progress inhabitants in two or more cities or provinces.
requirements, the advancement of science and technology and the public welfare;
Where to File the Petition?
2. Land classification and survey shall be systematized and accelerated;
3. The establishment of wood-processing plants shall be encouraged and rationalized; and  The petition shall be filed with the Supreme Court or with any of the stations of the Court of
4. The protection, development and rehabilitation of forestlands shall be emphasized so as to Appeals.
ensure continuity in production.
Contempt –
For the purpose of implementing the provisions of this Code, the Bureau of Forestry, the  Section 13. Court may after hearing punish the respondent who refuses or unduly delays the
Reforestation Administration, the Southern Cebu Reforestation Development Project, and the Parks filing of a return, or who makes a false return, or any person who disobeys or resists a lawful
and Wildlife Office are merged into single agency to be known as the Bureau of Forest Development process or order of the court for indirect contempt under Rule 71 of the Rules of Court.
(sect. 4). The Bureau shall have jurisdiction and authority over all forest land, grazing lands, and all  Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays
forest reservations including watershed reservations presently administered by other government or refuses to issue the writ after its allowance or a court officer or deputized person who
agencies. The Bureau shall be directly under the control and supervision of the Secretary of the unduly delays or refuses to serve the same shall be punished by the court for contempt
Department of Natural Resources, hereinafter referred to as the Department Head (sect. 7). The without prejudice to other civil, criminal or administrative actions.
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 RELIEFS
(sect. 9). The Agency shall have divisions, including a Wildlife and Parks Division, and district and A) Directing respondent to permanently cease and desist from committing acts or neglecting
regional offices, here created. The Department Head shall prescribe the criteria, guidelines and the performance of a duty in violation of environmental laws resulting in environmental
methods for the proper and accurate classification and survey of all lands of the public domain into destruction or damage;
agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing
B) Directing the respondent public official, government agency, private person or entity to
lands, and into such other classes as now or may hereafter be provided by law, rules and regulations
protect, preserve, rehabilitate or restore the environment;
(sect. 13). Areas needed for forest purposes are outlined in section 16.
C) Directing the respondent public official, government agency, private person or entity to
Chapter III provides for matters relating to use of forest resources, such as licenses, license monitor strict compliance with the decision and orders of the court;
agreements, leases and permits for purposes of utilize, exploit, occupy, possess or conduct any D) Directing the respondent public official, government agency, private person or entity to
forestry activity, harvesting methods (sect. 22), timber inventory, annual allowable cut (sect. 26), make periodic reports on the execution of the final judgment; and
forest concessions (sect. 28), wood processing industry reforestation (sect. 33), industrial tree E) Such other reliefs which relate to the right of the right of the people to a balanced and
plantations, tree farms and agro-forestry farms (sect. 34), forest protection (sects. 37 to 53), including healthful ecology or to the protection, preservation, rehabilitation or restoration of the
protection of swamplands and mangrove forests (sect. 43), forest roads, etc. This Chapter also makes environment, except the award of damages to individual petitioners.
provision for special uses of forest resources, such as grazing, wildlife, and recreation, and for the
measuring of timber. SEC. 2. Contents of the petition. – The verified petition shall contain the following:
(a) The personal circumstances of the petitioner;
The last part (Chap. IV) of this Act prescribes criminal offences, including unlawful occupation or
destruction of forest lands and grazing lands. (92 sections)
 (b) The name and personal circumstances of the respondent or if the name and personal On November 19, 2010, the Court issued the Writ of Kalikasan with a Temporary Environmental
circumstances are unknown and uncertain, the respondent may be described by an assumed Protection Order (TEPO) requiring respondents FPIC, FGC, and the members of their Boards of
appellation; Directors to file their respective verified returns. The TEPO enjoined FPIC and FGC to: (a) cease and
(c) The environmental law, rule or regulation violated or threatened to be violated, the act or desist from operating the WOPL until further orders; (b) check the structural integrity of the whole
omission complained of, and the environmental damage of such magnitude as to prejudice span of the 117-kilometer WOPL while implementing sufficient measures to prevent and avert any
the life, health or property of inhabitants in two or more cities or provinces; untoward incident that may result from any leak of the pipeline; and (c) make a report thereon within
(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary 60 days from receipt thereof.
evidence, scientific or other expert studies, and if possible, object evidence;
In compliance with the writ, FPIC directors Edgar Chua, Dennis Javier, Dennis Gamab and Willie
(e) The certification of petitioner under oath that:
Sarmiento submitted a Joint Return praying for the dismissal of the petition and the denial of the
1) petitioner has not commenced any action or filed any claim involving the same
privilege of the Writ of Kalikasan. They alleged that: petitioners had no legal capacity to institute the
issues in any court, tribunal or quasi-judicial agency, and no such other action or
petition; there is no allegation that the environmental damage affected the inhabitants of two (2) or
claim is pending therein;
more cities or provinces; and the continued operation of the pipeline should be allowed in the
(2) if there is such other pending action or claim, a complete statement of its
interest of maintaining adequate petroleum supply to the public.
present status;
(3) if petitioner should learn that the same or similar action or claim has been filed On January 21, 2011, FPIC, in compliance with the writ, submitted its 4-page "Report on Pipeline
or is pending, petitioner shall report to the court that fact within five days Integrity Check and Preventive Maintenance Program”. In compliance with the Court's July 30, 2013
therefrom; and Resolution, the DOE Secretary issued on October 25, 2013 a Certification, attesting that the WOPL is
(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO. safe to resume commercial operations, subject to monitoring or inspection requirements, and
imposing several conditions that FPIC must comply with.
SEC. 5. Issuance of the writ. – Within three days from the date of filing of the petition, if the petition is
sufficient in form and substance, the court shall give an order: On February 3, 2015, the Court required the parties to submit their comment Sec. Petilla's letter
(a) issuing the writ; and within ten (10) days from receipt of the Resolution. On various dates, respondents First Gen
(b) requiring the respondent to file a verified return as provided in Corporation, FPIC, and petitioner West Tower filed their respective comments in compliance with the
Court's resolution
Section 8 of this Rule. The clerk of court shall forthwith issue the writ under the seal of the court
including the issuance of a cease and desist order and other temporary reliefs effective until further
The Issues
order.
1. Whether petitioner West Tower Corp. has the legal capacity to represent the other petitioners and
WEST TOWER CONDOMINIUM CORPORATION v. FIRST PHILIPPINE INDUSTRIAL CORPORATION whether the other petitioners, apart from the residents of West Tower and Barangay Bangkal, are
(G.R. No. 194239; June 16, 2015) real parties-in-interest;
2. Whether a Permanent Environmental Protection Order should be issued to direct the respondents
Residents of the West Tower condominium in Makati on Friday filed a petition for writ of kalikasan
to perform or to desist from performing acts in order to protect, preserve, and rehabilitate the
(nature) before the Supreme Court (SC) against the officials of the company which owns and operates
affected environment;
the pipeline that caused an oil leak near their residential area. The 36-page petition, the residents
3. Whether a special trust fund should be opened by respondents to answer for future similar
asked the SC to direct FPIC to permanently shut down and replace the damaged pipeline.
contingencies; and
Kapunan explained that the residents wanted the pipeline to be permanently closed because it poses 4. Whether FGC and the directors and officers of respondents FPIC and FGC may be held liable under
a “potential environmental and security threat" not only to the condominium’s occupants but also to the environmental protection order.
people living in areas under which the 117-kilometer pipeline runs. The residents likewise urged the
HELD:
high court to compel the pipeline’s operator to “rehabilitate and restore the environment" affected
by the oil leak, and to open a special trust fund to answer for similar incidents in the future. I. Petitioners as Real Parties-in-Interest On the procedural aspect: We agree with the CA that
petitioners who are affected residents of West Tower and Barangay Bangkal have the requisite
concern to be real parties-in-interest to pursue the instant petition. In the case at bar, there can be per cent of the entire NRP. This creates another Metro Manila along Manila Bay, she said in her
no quibble that the oil leak from the WOPL affected all the condominium unit owners and residents privilege speech delivered before her peers last week.
of West Tower as, in fact, all had to evacuate their units at the wee hours in the morning of July 23,
Villar has an ongoing petition (backed by the signatures of 315,849 residents of Las Pinas) vs. a Manila
2010, when the condominium's electrical power was shut down. Until now, the unit owners and
Bay reclamation project. which would result in the reclamation of 635.14-hectares of Manila Bay,
residents of West Tower could still not return to their condominium units. Thus, there is no
around the 175-hectare Las Piñas-Parañaque Critical Habitat and Ecotourism Area or LPPCHEA, which
gainsaying that the residents of West Tower are real parties-in-interest.
is a protected area by virtue of Proclamation Nos. 1412 and 1412-A and included in the Ramsar list of
II. Propriety of Converting the TEPO to PEPO or its Lifting in light of the DOE Certification of the wetlands of international importance, along with Tubbataha and the Palawan Underground River.
WOPL's Commercial Viability: It must be stressed that what is in issue in the instant petition is the The said reclamation could affect 65 barangays in three cities (37 in Bacoor, 11 in Paranaque, and 17
WOPL's compliance with pipeline structure standards so as to make it fit for its purpose, a question of in Las Pinas.
fact that is to be determined on the basis of the evidence presented by the parties on the WOPL's
Villar elevated her petition to the Supreme Court to challenge the ruling of the Court of Appeals,
actual state. Hence, our consideration of the numerous findings and recommendations of the CA, the
which favored the planned reclamation project in Manila Bay.
DOE, and the amici curiae on the WOPL's present structure. In this regard, the Court deems it best to
take the necessary safeguards, which are not similar to applying the precautionary principle as Besides the 38 reclamation projects in Manila, there are other big reclamation projects planned in
previously explained, in order to prevent a similar incident from happening in the future. Cebu, Antique, Iloilo, Bohol, Negros Occidental, Aklan, Albay, Davao gulf, Leyte, and Cagayan.
III. Propriety of the Creation of a Special Trust Fund Anent petitioners' prayer for the creation of a Villar questions whether there was public consultation about the National Reclamation Plan, how the
special trust fund: We note that under Sec. 1, Rule 5 of the Rules of Procedure for Environmental projects under NRP were approved, and if environmental risks had been taken into consideration.
Cases, a trust fund is limited solely for the purpose of rehabilitating or restoring the environment. A
reading of the petition and the motion for partial reconsideration readily reveals that the prayer is for From the outset, this is a fight reminiscent of David and Goliath – of a legislator and communities vs.
the creation of a trust fund for similar future contingencies. This is clearly outside the limited purpose Big Business who wants to reclaim big portions of Manila Bay and other coastal areas in the country
of a special trust fund under the Rules of Procedure for Environmental Cases, which is to rehabilitate and convert them to huge, profit-making enterprises.
or restore the environment that has presumably already suffered. Hence, the Court affirms with
The idea of new cities rising from the sea seems nice and compelling, but a serious study of Senator
concurrence the observation of the appellate court that the prayer is but a claim for damages, which
Villar’s resolution makes us rethink our position.
is prohibited by the Rules of Procedure for Environmental Cases. As such, the Court is of the
considered view that the creation of a special trust fund is misplaced. Villar cited the damage rendered by reclamation projects on multiple ecosystems, such as mangroves,
sea grass, coral reefs and intertidal zones and depletion of fish stocks. Also, scientists have declared
IV. Liability of FPIC, FGC and their respective Directors and Officers: On the last issue of the liability of the subsiding of Manila Bay land due to reclamation.
FPIC, FGC and their respective directors and officers, the CA found FGC not liable under the TEPO and,
without prejudice to the outcome of the civil case and criminal complaint filed against them, the She cited a Japan International Cooperation Agency (JICA) study which said that Metro Manila is
individual directors and officers of FPIC and FGC are not liable in their individual capacities. overdue to experience a catastrophic magnitude of 7.2 earthquake and the coastal areas to suffer the
most due to liquefaction (the reclaimed land reverts to a liquid state).
Las Piñas-Parañaque Protected Area (Bird Sanctuary; Ms. Cynthia Villar)
The question is, who gives the final go-signal for reclamation? The Philippine Reclamation Authority,
Senator Cynthia Villar has filed Senate Resolution 294 directing the Senate Committee on which she said, has a questionable legal basis.
Government Corporations and Public Enterprises to conduct an inquiry, in aid of legislation, with the
view to introduce reforms, revisions and amendments in the mandate, powers and responsibilities of The PRA was established on February 4, 1977 under President Marcos, to provide a coordinated,
the Philippine Reclamation Authority (PRA). economical and efficient administration of lands, especially reclaimed lands, that belong to, are
managed and/or operated by the government, with the object of maximizing their utilization and
Villar calls attention to the government’s National Reclamation Plan (NRP), made by PRA, which will hastening their development consistent with the public interest. Executive Order no 525 issued on
involve 102 projects or 38,000 hectares all over the country. Thirty eight of these reclamation Feb. 14, 1979, provides that all reclamation projects shall be approved by the President upon the
projects encompassing 26,234 hectares, will be implemented in the Manila Bay area alone — or 70 recommendation of PRA.
But PRA was given tremendous powers when President Gloria Macapagal-Arroyo issued Executive and Natural Resources (DENR), Environmental Management Bureau (EMB) and the cities of Las Pinas,
Order 380 on Oct. 26, transforming PEA into the Philippine Reclamation Authority, and, on June 24, Paranaque and Bacoor.
2006, issued EO 543, delegating to PRA the power of the President to approve reclamation projects.
Villar's petition submitted to the SC was supported by the signatures of 315,849 Las Piñas residents
Subsequently, on Feb. 25, 2001, the PRA Board of Directors approved the National Reclamation Plan who signified their opposition to the project. She also attached in her petition the findings of a
under PRA Board Resolution No. 4161 covering a total of 102 reclamation projects over a total area of hydrological services consultant to bolster her claim of massive flooding with the reclamation project.
38,272 hectares within Manila Bay, Visayas, Mindanao and other locations.
In the petition, it was shown that the planned 635.14-hectare Manila Bay reclamation project that is
PRA’s NRP and the multiple issues attached to reclamation have gained so much alarm from different poised to affect the LPPCHEA, which had been recently included on the Ramsar List of Wetlands of
sectors, Villar said. In a People’s Summit held in October 2012 attended by experts from relevant International Importance.
fields, a call was made for a moratorium on reclamation projects under the NRP.
LPPCHEA serves as a sanctuary to migratory bird species from as far as Siberia. According to the Wild
PRA’s NRP would result in the loss of one-tenth of our coastal and marine habitats, a scientist Bird Club of the Philippines, the entire Metro Manila is host to 150 species of birds, 72 of which are
reported to Villar. The reclamation projects could potentially translate to a loss of value of nearly P30 found at LPPCHEA. LPPCHEA is the only bird sanctuary located in an urban setting. Because of its
billion per year in seagrass and ecosystems alone. biodiversity, LPPCHEA was declared as a critical habitat in 2007 by Proclamation Nos. 1412 and 1412-
A.
Villar cited the “grandmother of all scams” — the PEA-AMARI deal , as a basis for a change in PRA
policies. The deal was signed April 25, 1995, which allowed AMARI, a private corporation to develop Ramsar Convention cited on its website that LPPCHEA "faces threats" such as "ongoing land
the three reclaimed islands known as the “Freedom Islands” along the Las Pinas-Parañaque portion of reclamation projects and mangrove cutting", and "waste from nearby cities (that) accumulates along
Manila Bay and includes the reclamation of additional hectares of submerged areas surrounding the the coast".
islands.
ASEAN ENVIRONMENTAL LAW
Upon investigation in aid of legislation, the Senate Blue Ribbon and the Senate Committee on
Government Corporations and Public Enterprises ruled that the joint venture was illegal because the Association of Southeast Asian Nations (August 8, 1967 - Bangkok, Thailand)
reclaimed lands that PEA sought to transfer to AMARI are lands of the public domain which the
Member Countries
government cannot alienate.
 Indonesia
Any land reclamation, regardless of who initiates it (i.e. PRA, private sector, LGU), is considered  Malaysia
“unclassified public land” and therefore part of the public domain, which is now under the DENR,  Philippines
Villar said.  Singapore
 Thailand
Villar asks, why reclaim in the first place? Why not develop the blighted areas of the metropolis
 Brunei Darussalam
instead? The amount to be used to reclaim instead of destroying ecosystems and driving reclaimed
 Vietnam
lands to sell for sky high prices, could be used for inclusive development and urban renewal of Metro
Manila.  Lao PDR
 Myanmar
August 28, 2013 (http://www.senate.gov.ph/press_release/2013/0828_villar1.asp)  Cambodia
Villar to Elevate Petition vs Reclamation of Manila Bay to the Supreme Court After Court of Appeals
junked her motion for reconsideration AIMS AND PURPOSES

Villar filed a petition for Writ of Kalikasan on March 16 against the Las Piñas-Parañaque Coastal Bay 1. To accelerate the economic growth, social progress and cultural development in the region
project, which the Supreme Court granted on April 10 last year. Respondents in Villar's petition are through joint endeavors in the spirit of equality and partnership in order to strengthen the
ALLTECH Contractors , Inc. , the Philippine Reclamation Authority (PRA), Department of Environment foundation for a prosperous and peaceful community of Southeast Asian Nations;
 2. To promote regional peace and stability through abiding respect for justice and the rule of D.1. Addressing global environmental issues
law in the relationship among countries of the region and adherence to the principles of the D.2. Managing and preventing transboundary environmental pollution (transboundary haze
United Nations Charter; pollution and transboundary movement of hazardous wastes)
3. To promote active collaboration and mutual assistance on matters of common interest in the D.3. Promoting sustainable development through environmental education and public
economic, social, cultural, technical, scientific and administrative fields; participation
4. To provide assistance to each other in the form of training and research facilities in the D.4. Promoting environmentally sound technology
educational, professional, technical and administrative spheres; D.5. Promoting quality living standards in ASEAN cities/urban areas
5. To collaborate more effectively for the greater utilization of their agriculture and industries, D.6. Harmonizing environmental policies and databases
the expansion of their trade, including the study of the problems of international commodity D.7. Promoting the sustainable use of coastal and marine environment
trade, the improvement of their transportation and communications facilities and the raising D.8. Promoting sustainable management of natural resources and biodiversity
of the living standards of their peoples; D.9. Promoting the sustainability of freshwater resources
6. To promote Southeast Asian studies; and D.10.Responding to climate change and addressing its impacts
7. To maintain close and beneficial cooperation with existing international and regional D.11.Promoting sustainable forest management
organizations with similar aims and purposes, and explore all avenues for even closer
ASEAN Declaration on Heritage Parks and Reserves
cooperation among themselves.
Bangkok, 29 November 1984
FUNDAMENTAL PRINCIPLE – take note of “Non-interference in the internal affairs of one another;” – CONCERNED with the necessity to preserve, and protect national parks and nature reserves of the
this is the main reason why some international environmental issues cannot be touched or discuss on ASEAN member countries;
by the community
AWARE of the uniqueness, diversity and outstanding values of certain national parks and reserves of
ASEAN ENVIRONMENTAL PROGRAM – SPECIFICALLY ON HERITAGE PARKS
ASEAN member countries, that deserve the highest recognition so that their importance as
Policy and Institutional Framework conservation areas could be appreciated regionally and internationally;

Recognizing the importance of environmental cooperation for sustainable RECOGNIZING that conservation areas should be managed to maintain ecological processes and life
development and regional integration, ASEAN has since 1977 cooperated closely in support systems, preserve genetic diversity; ensure sustainable utilization of species and ecosystems;
promoting environmental cooperation among its member states. Currently, ASEAN and maintain wilderness that are of scenic, cultural, educational, research, recreational and tourism
environmental cooperation focuses on ten priority areas of regional importance as reflected values;
in the Blueprint for the ASEAN Socio-Cultural Community (ASCC Blueprint) 2009-2015 as
follows: CONSIDERING that to achieve the aims, purpose and objectives of the heritage parks and reserves of
the ASEAN member countries, a master plan should be drawn for each heritage park which shall
ASEAN Socio-Cultural Community (ASCC) Blueprint 2009-2015 include but not be limited to management guidelines, research on structure and function of
Section D. Ensuring Environmental Sustainability ecosystems and education on wilderness values;

FURTHER CONSIDERING that environmental concerns transcend national boundaries and that
ASEAN shall work towards achieving sustainable development as well as promoting clean
individual states are primarily responsible for their respective identified heritage sites;
and green environment by protecting the natural resource base for economic and social
development including the sustainable management and conservation of soil, water, DO HEREBY DECLARE the following national heritage sites and reserves,
mineral, energy, biodiversity, forest, coastal and marine resources as well as the
improvement in water and air quality for the ASEAN region. ASEAN will actively participate in 1. Brunei Darussalam
global efforts towards addressing global environmental challenges, including climate change a. Tasek Merimbun
and the ozone layer protection, as well as developing and adapting environmentally-sound 2. Indonesia
technology for development needs and environmental sustainability. a. Leuser National Park
 b. Kerinci – Seblat Park AGREEMENT ON THE COOPERATION FOR SUSTAINABLE DEVELOPMENT OF MEKONG RIVER BASIN
c. Lorentz Nature Reserver 1995
3. Malaysia
(CHECK: ASEAN and CHINA: Cooperation in the Mekong River – Manila Times Article)
a. Kinabalu National Park
b. Mulu National park ASEAN AGREEMENT ON DISASTER MANAGEMENT AND EMERGENCY RESPONSE (ADMER) 2009
c. Taman Negara National Park
4. Philippines (CHECK: ASEAN: Better Faster Disaster Reliefs – Manila Times Article)
a. Mt. Apo National Park
ASEAN Agreement on Disaster Management and Emergency Response (AADMER)
b. Iglit – Baco National Park
5. Thailand  ratified right after the Tsunami
a. Khao Yai National Park  acquisition of helicopter, aircraft, vessel for disaster and climate change
b. Kor Tarutao National Park  preparedness, rehabilitation, respond to natural calamities
 solve customs delay to foreign nationals in helping disasters
as ASEAN national heritage parks and nature reserves and

AGREE that a common cooperation is necessary to conserve and manage such parks and reserves MANILA TIMES
including the setting up of regional conservation and management action as well as a regional
 An ASEAN Identity
mechanism complementary to and supportive of national efforts at implementation of conservation
 Changing Concept of Sovereignty Over Natural Resources
measures.
 Common Sovereignty Over Transboundary Natural Resources
DONE in Bangkok, Thailand, this Twenty- Ninth Day of November in the year one Thousand Nine  Sovereignty as a Responsibility in the ASEAN
Hundred and Eighty-Four  ASEAN: Indonesian Haze not a Sovereignty Issue
 ASEAN Water Partnership: The Great Mekong River
ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION 2003
 Strategy for Disaster Risk Reduction
The land and forest fires that hit the ASEAN region in 19971998 have been particularly severe. The  ASEAN: Better Faster Disaster Reliefs
environmental, economic and social dimensions and impact of these fires, and the associated  Environmental Refugees: Quickly Spreading
transboundary haze pollution, were profound. The total economic losses in terms of agriculture  ASEAN Environment: Wetlands for Disaster Resilience
production, destruction of forest lands, health, transportation, tourism, and economic endeavours
have been estimated at more than USD9 billion. An Asean Identity?
 An agreement which binds a group of contiguous states to tackle transboundary haze
pollution resulting from land and forest fires. While the main goals of the Association of Southeast Asian Nations (Asean)– Brunei Darussalam,
 The agreement requires parties to: Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and
 COOPERATE in developing and implementing measures to prevent, monitor, and Vietnam–are described in trade terms (single market and production base, highly competitive
mitigate transboundary haze pollution by controlling sources of land and forest fires, economic region, equitable economic development, further integration into the global economy), the
assessment and early warning systems, exchange of information, and mutual assistance. documents that have come out of various Asean meetings talk about many other things.
 RESPOND PROMPTLY to a request for relevant information sought by a state affected or
may be affected by transboundary haze pollution. On the matter of an Asean identity, the Asean Charter (2007), the Asean Declaration on Cultural
 TAKE legal, administrative, and/or other measures to implement their obligation under Heritage (2000) and of late, the Asean Socio-Cultural Community Blueprint (2009-20015), specify
the agreement. “The Asean Identity is the basis of Southeast Asia’s regional interests. It is our collective personality,
norms, values and beliefs as well as aspirations as one Asean Community…..The strategic objective is
(CHECK: ASEAN: Indonesian Haze not a Sovereignty Issue – Manila Times Article for further …to create a sense of belonging, consolidate unity in diversity and enhance deeper mutual
information)
understanding among Asean member countries about their culture, history, religion and other hand, is kite flying as a pastime as well as the tube-like-wrap-around malong, a real-life
civilization……” practical garment for men still evident all over Southeast Asia from Brunei Darussalam to Myanmar to
Vietnam.
There are, however, sorts of “cultural war” among some Asean countries related to cultural heritage.
In 2012, it was reported that riots erupted in Jakarta when Indonesian protesters targeted the The case of the Preah Vihar temple between Cambodia and Thailand, however, should be viewed in
Malaysian Embassy over dance heritage, in particular, the Tor-tor dance. Likewise, some quarters another light. Involved is sovereignty but a way out is recognition of functional sovereignty as
claim Malaysia’s national anthem Negaraku is based on Indonesia’s Terang Bulan (Bright Moon). In distinguished from territorial sovereignty. Functional sovereignty refers to specific uses of a resource
the area of cuisine, the Yu Sheng/Lo Hei, a dish served during Chinese Lunar Festival and traditionally rather than absolute and unlimited jurisdiction within a geographic space. It means interdependence
thought to bring prosperity is separately claimed by the Chinese in Singapore and Malaysia as theirs. in the sustainable use of a resource emphasizing that states are dutybound to cooperate with each
other to promote development sustainability of the common environment.
Even the Peranakan (Nonya) dishes, a fusion of Malay and Chinese recipes, did not escape similar
claims. (Ethnic tension within Malaysia between Chinese Malaysians and ethnic Malays is still on Preah Vihar ought to be enjoyed as an Asean tourism resource, a cultural heritage of both Cambodia
because of the country’s economic policy of Bumiputra which gives preferential treatment to the and Thailand aside from a religious destination in the Asean jurisdiction. Or, in different words, the
ethnic Malay majority.) Another example is the Preah Vihar temple issue between Cambodia and change of perception of the role of sovereignty in relations between states regarding their
Thailand which had to be settled by the International Court of Justice. In April 2013, about 500 environment should be characterized by equitable utilization ultimately redounding to the benefit of
nationalists of the Patriot Thai Group raised the flag of Thailand to assert Thai sovereignty over Preah the Asean region.
Vihar.
A good model for an Asean identity is the Asean Heritage Parks system which continues to focus on
The examples cited demonstrate that cultures should not be thought to have fixed borders. Many of cooperation among member countries to develop a regional conservation and management plan for
these cultures evolved in the course of time during Hindu, Muslim, Buddhist or Christian periods. the current string of over 40 heritage parks in the region. The criteria to determine if the region
Meaning, practices in countries within the Asean region continued to be shaped by various peoples qualifies as an Asean heritage park include high ethno-biological significance, uniqueness and
and events. respresentativeness. Designation as a heritage park strengthens cooperation, awareness and
appreciation among Asean countries.
Even the legal culture is not an exception. Asean countries have a mosaic of legislations with traces of
foreign influence brought about by periods of Spanish (Philippines), French (Cambodia, Lao PDR, Together with the other aspects of the Asean cultural heritage, the designation promotes the twin
Vietnam), British (Brunei Darussalam, Malaysia, Myanmar, Singapore) AND Dutch (Indonesia) objectives of community building and identity. Best of all, the concept of an Asean heritage parks
occupation. system advances protected area goals expressed in the Convention on Biological Diversity, the
Ramsar Convention on Wetlands Conservation as well as the World Heritage Convention.
The lack of knowledge of historical roots and evolution of particular ways of life and practices can
result in too nationalistic and divisive views. There should be space for two or more forms of All this will help forge an Asean identity which is important for the future implementation of Asean
heritages, complementary but not in conflict. policies. It is a complementary to the principles of sovereignty and non-intervention (Asean Way)
which can, without the recognition of a cultural bridge, hinder the implementation of Asean legal
In short, they should be considered shared cultures that transcend political boundaries. In this rubric instruments and tools including environmental laws. After all, what society chooses to preserve of the
are the angklung (bamboo) orchestra as well as the gamelan (gongs) ensemble of Indonesia, Malaysia past defines who we are today, creates our collective memory and hastens our new development as
and the Philippines which are like one. Also batiks which are either Indonesian, Malaysian or Thai like Asean Community bound by a common regional identity. In the words of Asean law expert Koh Kheng
the wayang kulit (shadow play). Lian, “an Asean identity is crucial to bringing about enhanced cooperation to supplement the Asean
Way and make it more meaningful, to encourage all to “THINK Asean” instead of only “Think
The Philippine Bayanihan Dance Co. researched Singkil and found that it has its equivalent in National.”
Indonesia and Malaysia, which should not be a surprise considering the geographic proximity of the
three countries collectively called “Maphilindo” before the birth of Asean. In the same way, the Before joining the Philippine Foreign Service, the author was the first Director of the Environmental
popular Philippine folk dance Tinikling has a slow movement version in Thailand. Truly Asean, on the Management Bureau (DENR) and served as Coordinator, Asean Experts Group on the Environment.
 more functional way to mean specific uses of a resource rather than absolute and unlimited
INTRODUCTION to ASEAN jurisdiction within a given geographical space.

Changing Concept of Sovereignty Over Natural Resources Functional sovereignty is bolstered by reference of various PSNR-related UN resolutions and treaties
to “mankind” referring to areas and resources beyond the limits of national jurisdiction or the “global
“…..it is time to bring sovereignty down to earth, cut it down to size, commons.” In this connection, mention should be made that at the 1992 UN Conference on
discard its own rhetoric, to examine, analyze, reconceive the concept Environment and Development in Rio de Janeiro, proposals were made to characterize biological and
and break out its normative content; to repackage it, even rename it; genetic resources as well as the world’s forests as the “common heritage of humankind.” Thus, the
and slowly ease the term out of polite language in international relations, particularly in law.” three Rio treaties recognize that change in the Earth’s climate and its adverse effects are a common
concern of humankind (Climate Change Convention); that the conservation of biological diversity is a
Louis Henkin (1994) concern of humankind (Convention on Biological Diversity); and desertification and drought are
problems of global dimension and human beings in affected areas should be at the centre of concerns
Sovereignty in its widest sense means the supreme, absolute and uncontrollable power by which any to combat desertification and to mitigate the effects of drought (Convention to Combat
independent State is governed. Through the years, the concept of sovereignty has evolved to include Desertification). Note that in those treaties people, humankind and the environment as such are
not only territorial sovereignty but permanent sovereignty over natural resources (PSNR) as well. objects rather than subjects of international law. As objects, indirectly they have rights under or are
Fundamentally, PSNR means the State can freely dispose of its natural wealth and resources within its beneficiaries of international law through subjects of international law, referring to the State actors in
territory. Correlatively, the principle brings about the State duty to properly manage its wealth and the international legal system.
resources as well as due care of the environment.
Sovereignty has served as the foundation of public international law since the Peace of Westphalia
Efforts at formulation of the principle culminated in the adoption of a UN resolution called (1648) with sovereign states as the principal actors in international relations. But as can be gleaned,
Declaration on Permanent Sovereignty over Natural Resources in 1962. The principle progressively times have changed. What does the principle represent in the changing world? Current thinking
developed that by 1972, the well-known Principle 21 of the Stockholm Declaration on the Human maintains permanent sovereignty over natural resources as a State-oriented law under which natural
Environment declares the sovereign right of States to exploit their own natural resources pursuant to resources regimes co-exist but barely interact. Be that as it may, the trend, as can be observed, is
their own environmental policies. However, the right is qualified by the obligation not to cause any towards a legal interpretation that is humankind-oriented, under which sustainable development and
extra-territorial environmental harm. environmental preservation are approached from a global perspective. At its core is cooperation
aimed at implementation of the right to development, the wise management of natural resources,
For many years, the main purpose of international agreements related to the principle of permanent equitable sharing of transboundary natural resources and the global commons for preservation for
sovereignty over natural resources was the maximum use and development of natural resources the coming generations. With this legal thinking and the concomitant framework, sovereignty over
instead of rational management and conservation of natural resources in order to prevent their natural resources as the fountainhead of rights and obligations can very well continue to serve as a
depletion or degradation. Perhaps, the reason was the concept of sovereignty is difficult, if not basic principle of public international law. The above-enumerated treaties incorporate the law of
impossible, to fathom in an ecological frame of reference. The very thought of ecology is based on interdependence in the sustainable use of natural resources emphasizing States are under the duty to
the notion of interdependence rather than independence. In fact, rights of full disposal were granted cooperate with each other to promote development sustainability of the common environment.
to States on the basis of territorial sovereignty rather than a principle of sharing the world’s
resources. The trend was overtaken after the 1972 UN Stockholm Conference on the Human With this latest development in the increasing appreciation of PSNR, is it not time to re-think and re-
Environment by resource-oriented multilateral environmental agreements (MEAs) or treaties. An actualize sovereignty in order to formally recognize its functional role as demanded by changing
example is the UN Law of the Sea Convention (1982) which adopted the regime of “common heritage times?
of mankind” by which non-State areas are not freely appropriated anymore by financially capable
developed countries for their exclusive use. Similarly, incorporation of the integrated ecosystem After all, the general principle that ensues from all this is that the Earth’s biosphere is the common
approach in the Convention on Biological Diversity (1992) enumerates State duties to properly heritage of all life on earth of which humanity is the steward.
manage its species of plants and animals which, in effect, limits a State’s exercise of jurisdiction over
its natural resources. From unrestrained freedom of action, State sovereignty was interpreted in a Common Sovereignty Over Transboundary Natural Resources
 Water Conference which declared that “In relation to the use, management and development of
Transboundary natural resources transcend national jurisdictions, which means that the exercise of shared water resources, national policies should take into consideration the right of each State . . . to
jurisdiction of one state affects the environment of one or more other states or areas equitably utilize such resources (Recommendation 91). Furthermore, highest courts or arbitral
tribunals in Germany, the United States, Switzerland and India have also frequently applied the
Owing to the original and traditional interpretation of “sovereign rights of sates over their natural principle of equitable utilization in the sharing of waters of interstate watercourses.
wealth,” resources become depleted or exhausted as each state seeks to maximize its own benefit by
exploiting the resources. Also, existing international law on transboundary natural resources tends to To efficiently manage what is left of the earth’s natural resources, a “relaxed” concept of sovereignty
be piecemeal and uneven when dealing with the issue of transboundary waters, e.g. ECE was thought of through equitable sharing of transboundary natural resources and the global
Transboundary Watercourses Convention (1992), Danube Convention (1992); and living resources, commons. It appears on the basis of State practice that a rule of customary international law has
e.g. Whaling Convention (1946), Antartic Marine Living Resources Convention (1980). emerged requiring States to cooperate in the conservation and management of transboundary
natural resources.
The international challenge for coordination and cooperation to ensure the equitable and sustainable
or reasonable utilization and management of transboundary natural resources was brought forth by Sovereignty as a Responsibility in the Asean
two international legal studies done by the World Commission on Environment and Development
(1986) and the International Council of Environmental Law (2004) which expound on the principle Sovereignty in its widest sense means the supreme, absolute and uncontrollable power by which any
that States are entitled to a reasonable and equitable share in the beneficial uses of a transboundary independent State is governed. Through the years, the concept of sovereignty has evolved to include
natural resource. According to this principle, no use or category of uses is inherently superior to any not only internal or territorial sovereignty but also permanent sovereignty over natural resources.
other use or category of uses. Whether a certain use is reasonable or not has to be determined in the Fundamentally, it means the State can freely dispose of its natural wealth and resources within its
light of all relevant factors in each particular case. These factors may include, inter alia, geographic, territory. Correlatively, the principle brings about the State duty to properly manage its wealth and
hydrologic, climatic, biologic or ecological conditions, the existing use made of the natural resource, natural resources as well as due care of the environment. Derived from this principle is also the right
the economic and social needs of the States concerned, the feasibility of alternative means – of the State to pursue its own socioeconomic and environmental policies.
including the availability of other resources—to satisfy these needs and the possibility of
compensation to one or more of the States concerned as a means of adjusting conflicts among uses. The growth of the principle of permanent sovereignty over natural resources is closely associated
The essence of the principle of equitable utilization is that instead of laying down a norm with a more with two main concerns at the time of the creation of the United Nations in 1945. These are (i) the
or less specific content, it rather prescribes a certain technique aimed at reaching an equitable result economic development of developing countries; and (ii) the self-determination of colonial peoples.
in each concrete case. The principle progressively developed that by 1972, the well-known principle of the Stockholm
Declaration on the Human Environment declares the sovereign right of States to exploit their own
The principle has been applied in many multilateral environmental agreements or treaties specifically natural resources pursuant to their own environmental policies. However, the right is qualified by the
those concerning the use of the waters of international watercourses. Examples are the Indus Waters obligation not to cause any extraterritorial environmental harm. Principle 2 of the Rio Declaration on
Treaty between India and Pakistan (1960) and the Agreement Regulating the Withdrawal of Water the Environment and Development restates Principle 21 as mentioned and confirms that sovereignty
from Lake Constance between Austria, Federal Republic of Germany and Switzerland (1996) which does not only give rise to State rights but to State obligations and responsibilities as well.
determined the delimitation of the rights and duties of each State over the transboundary waters.
Emerging environmental challenges such as climate change mitigation, food and water security and
An example in Southeast Asia is the Agreement on the Cooperation for the Sustainable Development disaster management add new dimensions to environmental issues. No country can deal with those
of the Mekong River Basin (1995) drawn in accordance with the principle of safeguarding sovereignty, challenges alone. States must continually identify common priorities to deal with those concerns. It
territorial integrity and mutual benefit. must enhance coordination among states and even challenge the dichotomy between regional and
national interests, reexamining principles of sovereignty and non-interference in the context of
Aside from treaties, the equitable utilization principle was also a recommendation in the 1972 UN environmental challenges. Asean response in this regard are the on-going cooperative efforts to
Stockholm Conference on the Human Environment which says “The net benefits of hydrologic regions promote conservation activities which include, among others, (i) The “Heart of Borneo” initiative to
common to more than one national jurisdiction are to be shared equitably by the nations concerned create a transboundary biodiversity sanctuary straddling Malaysia, Brunei Darussalam and Indonesia
(Recommendation 51). It was also a recommendation of the Action Plan adopted by the 1977 UN against illegal logging and clearing land for palm oil plantations; (ii) The Asean Heritage Parks program
which consists of identified and proclaimed protected areas of high conservation importance in each Only in 2002 did Asean formulate a hard law instrument on the issue: the ASEAN Agreement on
member country, preserving in total a complete spectrum of representative ecosystems of the Asean Transboundary Haze Pollution (ATHP). Although generally applicable to all Asean states, it was
region; (iii) The Asean Turtle Conservation and Protection Memorandum of Understanding between formulated in response to the Indonesian haze. It took effect in November 2003 with the ratification
the Philippines and Malaysia to jointly manage, protect and conserve all species of turtle and their by nine member states. Indonesia has yet to ratify, which rendered the Agreement essentially
habitats in the region through unified management, conservation and protection strategies; (iv) The ineffective.
Sulu Sulawesi Marine Ecoregion as part of the Asean Marine Heritage Areas about which conservation
plans for joint implementation are in place to protect and conserve the coral triangle bounded by the In October 2006, Singapore decided to raise the issue at the UN General Assembly, a permissible
Philippines, Malaysia and Indonesia. move under Article 2 of ATHP, which specifically states that the Agreement’s objective is to prevent
and monitor transboundary haze pollution through concerted national efforts and intensified regional
The involvements of Asean countries mentioned above demonstrate the right of states, within the and international cooperation. Indonesia, however, invoked the principle of sovereignty and non-
framework of other principles and rules of international law, to manage natural resources in accord interference in domestic affairs. (A word must be said about the Asean way of doing things.
with developmental and environmental policies and objectives. It confirms that a state’s sovereignty Cooperation is done through consensus. There is no Asean Parliament to issue laws, regulations and
over its natural resources involves a number of duties. Among them: (i) The duty to ensure benefits directives to its members and no enforcement agencies. Non-interference in the domestic affairs of a
for the whole population and not to compromise the rights of future generations; (ii) The duty to member State is the rule of conduct.)
prevent harm to the environment of neighbouring states or areas beyond national jurisdiction. This
implies a prudent use of natural resources not only to protect biodiversity but also to prevent and This controversy illustrates the complex political and economic dimensions of the haze problem as
control pollution. Gradually, it has become recognized that under international law, natural resources well as the conflict between national and regional interests confronting the Asean. The successful
management is no longer exclusively within the jurisdiction of individual states and that sovereignty is adoption and ratification of ATHP attests to Asean’s growing stature as a transnational environmental
a responsibility and not an absolute right. lawmaker. But, at the same time, the controversy demonstrates the obstacles in Asean’s path
towards environmental regulatory effectiveness.
There is much discourse nowadays about sovereignty vis-a-vis natural resources and economic
growth, natural resources and conflict in use and natural resource governance mechanisms; proof Perhaps it is time for Asean to take a strong stand, that the principle of sovereignty be modified in the
that the 21st century marks an increasing and continuing appreciation of the concept of sovereignty context of environmental law. Far from undermining state sovereignty, enhanced cooperation in the
over natural resources. Looking back, the decades after the 1972 UN Stockholm Conference on the area of environment will strengthen states’ sustainable development. By adopting a flexible
Human Environment could well be described as decades of clarifying and updating the earlier engagement approach to transboundary environmental issues, Asean member states could discuss
economic and political concept of sovereignty and integrating it into the present legal thinking—a complex problems such as the Indonesian Haze without being accused of interfering with the internal
dynamic response to changed circumstances and insights in the changing world. affairs of the country.

Flexible engagement is not yet an accepted principle in the Asean, but its application to
ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION transboundary environmental issues is relevant. Flexible engagement is an attempt to delimit the
range of situations in which individual member states would be justified in appealing to non-
Asean: Indonesian Haze not a Sovereignty Issue interference to ward off outside involvement in their internal affairs. As serious threats to sustainable
development and human security more broadly, transboundary environmental issues would be
Illustrative of Asean cooperation on the principle of sovereignty over natural resources is the Asean classified as beyond the scope of “internal affairs” and would be subject to regional governance
response to the recurring Indonesian haze, which has been affecting the neighboring countries despite sovereignty.
specifically Singapore, Malaysia and southern Thailand since 1982.
It is interesting to compare Asean’s response to the Haze issue with the threat posed by zoonotic
It is the result of land-clearing fires for palm plantations and the practice of swidden (kaingin) diseases, e.g. SARS, avian flu, swine flu (H1N1) during the last 7 years which raised not only issues of
agriculture particularly on peat lands in Indonesia. human security but also challenged animal protection, the protection of biodiversity and ecosystems
and the pursuit of sustainable development, i.e. sustainability of the chain of animal food production.
The threat of a pandemic drove Asean to act with prompt response with no less than 25 Asean soft utilization, management conservation of water and other resources is somehow evident in irrigation,
law instruments. Possibly, Asean’s response to zoonotic diseases was more successful as a result of hydro-power, navigation, flood control, fisheries, timber floating, recreation and tourism initiatives
the threat of pandemic not only in the region but also in many parts of the world. In the words of and projects.
eminent Asean law expert, Koh Kheng Lian, “Asean should use its rich history of cooperation among
States to build . . . environmental cooperation . . . This would enhance respect for sovereignty, not It was the United Nations which drew attention to the potential for integrated development in the
undermine it; it can be argued that the inability to avert an environmental disaster is a greater loss of lower Mekong basin as early as the 1950s. A Mekong Committee was set up by Cambodia, Laos,
sovereign authority than cooperation in agreed programs to control the harm. Asean’s deferential Thailand and the then Republic of South Vietnam in 1957 “to promote, coordinate, supervise and
approach to other’s domestic affairs can inadvertently lead to violations of Principle 21 of the UN control the planning and investigations of water resource development projects.”
Declaration on the Human Environment in which all States acknowledge that each must act so as not
to harm the environment of each other.” Political events, however, transpired to dampen the committee’s prospects and the change of
government in Laos, Cambodia and Vietnam during the mid-1970s cast doubt on the committee’s
ASEAN AGREEMENT ON THE COOPERATION FOR THE SUSTAINABLE DEVELOPMENT OF THE future. By 1991, reactivation of the Mekong Committee began.
MEKONG RIVER BASIN
Circumstances, however, had changed considerably since the mid-1970s in many ways: a) although
Asean Water Partnership: The Great Mekong River the region seemed to be entering a new era of peace in the 1990s, the governments were no longer
as closely allied to each other as they were before the mid-1970s; b) the viability of large mainstream
THE Mekong River is the twelfth longest river in the world at 4,173 kilometers. The headwaters dams, the quest for joint developments under the original Mekong Committee was under question
originate in the Tibetan region of China and the river then flows through Yunan province in China into due to the potential environmental and social impacts; c) China was in the process of implementing a
five Asean countries: Myanmar, Cambodia, Laos, Thailand and Vietnam. large-scale hydropower development program in the upper reaches of the Mekong River which could
significantly alter the downstream flow regimes and hence, there was a need to bring China into a
The Mekong forms the boundary between Laos and Myanmar. It courses through Laos for more active cooperation framework (Far Eastern Economic Review, 1992).
approximately 500 km before once again becoming the boundary between Laos and Thailand. Then
the Mekong passes through the southwest corner of Laos and flows through the heart of Cambodia Basin nations’ agreement
where a very unique physical feature exists, the Tonle River and the Tonle Sap Lake. Then it flows into
In 1995, the Agreement on Cooperation for the Sustainable Development of the Mekong River Basin
Vietnam and empties out through the Mekong Delta of Vietnam into the South China Sea.
was signed by Cambodia, Laos, Thailand and Vietnam and established the Mekong River Commission.
The philosophy of the agreement is “to improve the livelihood of 60 million people living in the Lower
The Mekong River basin covers 795 km. (A water basin, also known as a catchment basin, is a
Mekong River Basin. China and Myanmar which are part of the Mekong River Basin have not signed
geographical and hydrological unit consisting of a main river and all the territories between the water
the agreement but were designated Asean “dialogue partners” in 1996 and have participated in
source, the spring and the mouth of the river).
various Mekong River-related activities.
The tremendous natural resources of the Mekong Basin have long been recognized. The tropical
A close look at the 1995 agreement reveals that while signatory countries agreed to “cooperate in
climate of the region along with the abundance of water during the wet season supports an
maintaining minimum flow levels of no less than the acceptable monthly minimum flow rates during
extremely productive and diverse aquatic ecosystem with numerous ecologically important wetlands.
each month of the dry season,” the same agreement does not require consent/consensus/agreement
In addition, the basin states rely upon the natural productivity of the basin’s fisheries to help meet
of the riparians for national projects which may affect the river flow levels. The prior legal agreement
the subsistence needs of many of the approximately 60 million residents of the Mekong basin.
in place required the consent/concurrence of all riparian countries for any national project that
involved the Mekong River. Moreover, the agreement is silent about distribution of water to the
Common ground
member states although basic principles to be applied in developing rules for water distribution are
set forth in the agreement.
While the interest of each country is different and there are diverse upstream and downstream
issues, the Lower Mekong countries have found a common ground on which to cooperate in
addressing issues from a basin point of view. Cooperation in all fields of sustainable development,
After sixty 60 years of Asean riparian country cooperation in the utilization of the Great Mekong Experience with disaster emergency management gave way to the principle of “build back better”
River, some questions surfaced that needed to be attended to: a) What types of activities are or which means that damaged structures are not simply replaced but improved to make them more
should be forbidden within the shared Mekong River Basin?; b) Is it possible to harmonize national resilient and intact for the onslaught of another natural calamity.
laws of the riparian countries to regulate the use of the shared basin?; c) What does it really mean to
manage the Mekong River Basin in an integrated manner?; d) What rights and obligations do Like in other areas of environmental management, the institutional arrangement to cope with natural
upstream and downstream states have?; e) How can environmental flows be effectively regulated disasters involve not just one government agency like the Department of Social Welfare and
within the shared Mekong River basin? Development but many other environment-related agencies such as those on local governments,
health, education, agriculture, police, public works, etc. The Philippines’ National Disaster Risk
Above all, what approach should be taken if and when the water flow from the Mekong River’s Reduction and Management Council (NDRRMC) follows that direction through effective inter-agency
source markedly lessened or diminished because of the gigantic dam projects of China to divert the linkages and coordination with regional and local governments for disaster remediation operations.
flow for its own use to open up agricultural areas to attain food security for its overgrown
population? Global level

At the international level, the UN has an International Strategy for Disaster Reduction which aims to
ASEAN AGREEMENT ON DISASTER MANAGEMENT AND EMERGENCY RESPONSE
guide and coordinate the efforts of a wide range of partners to achieve substantive reduction in
disaster losses and build resilient nations and communities as an essential condition for sustainable
Strategy for Disaster Risk Reduction
development. The United Nations International Strategy for Disaster Reduction (UNISDR) is the
secretariat of the ISDR system and comprises numerous organizations, states, NGOs, financial
Climate change –induced weather disasters have quadrupled during the last few years. The 2011
institutions, technical bodies and civil society which work together and share information to reduce
horrifying earthquake and tsunami in Japan is one such weather disaster. The 2013 typhoon Yolanda
disaster risks.
accompanied by the terrifying storm surge in the Philippines is another.

It also serves as the focal point for the implementation of the Hyogo Framework for Action, a ten-
Tropical storms, extended drought, harder monsoon rains, devastating floods, unexpected landslides
year plan of action adopted in 2005 by 168 governments to protect lives and livelihoods against
and earthquakes are more common now in densely populated Asia where people are the most
disasters.
endangered when natural calamities strike. The annual cyclones in Bangladesh, the uncommon
cyclone occurrence in Myanmar in 2008 as well as the destruction brought by typhoons Ondoy,
With the prominence of the field of environmental law during the last four decades, the enactment of
Sendong, and Pablo in the Philippines drew attention to these countries’ efforts at reducing disaster
a legislation on disaster risk reduction and management is encouraged. One such is the 2010
risks in managed ways.
Philippine Disaster Risk Reduction and Management Act (R.A. 10121). An action plan and guidelines
to define the respective roles and responsibilities of government agencies, schools, NGOs and other
Disaster risk reduction (DRR) systems are now in place in Bangladesh, Myanmar and the Philippines
groups is in place. The challenge is to translate into effective local community action to save lives and
with the support of international organizations like the Red Cross and the Save the Children and their
reduce disaster risks and economic losses. Above all, a safety culture in times of disasters and
respective governments. DRR refers to all activities by local communities, families, governments and
emergencies should be established so that people in danger areas will be well informed and
NGOs that help reduce in advance the effects of natural disasters. The objective is to cover all risks
motivated to consciously integrate the risks in their day-to-day living.
including the effects of climate change.
Indeed, the success of any disaster plan and prevention program depends on the cooperation of the
local people exposed to danger. Nobody is more familiar with the immediate environment than the
Disaster risk reduction system
local inhabitants themselves who are also best situated to overcome the risks that accompany
The main feature of a disaster risk reduction system is a disaster plan and prevention program in
weather disasters aided by disaster emergency awareness and preparedness strategies and
endangered towns and villages. It incorporates standardized warning signals, different flags for use
techniques.
before and during disasters, identification of emergency shelters, evacuation procedures, emergency
food stocks (and replenishment), utensils for immediate use like cooking stoves, water supply,
Asean: Better, Faster Disaster Reliefs
provision of sanitary facilities and others.
DURING the past three decades, the frequency of natural disasters has increased globally but the In that connection, Singapore procured large multipurpose amphibious ships in 2014. Similar efforts
worst increase has been in the Asia-Pacific region. Be that as it may, advances in the science of at modernization are being exerted by Indonesia, the Philippines, Myanmar and Vietnam even if,
disaster risk management point out that there are no true natural disasters. Many natural hazards are admittedly, security in the increasing territorial disputes is the prime mover for the heightened
accelerated by human activity and no matter how “natural” the hazard, it is human exposure, emphasis on the militaries’ capacity and capability in the region.
vulnerability, resilience and preparedness that define whether a given event results merely in a rainy
day or natural catastrophe. In short, human behavior can be regulated unlike the weather. To fulfill the military requirements related to humanitarian search/rescue and relief operations,
procurement targets of Asean countries like multi-role helicopters and transport aircrafts would not
Studies of experiences about regulatory frameworks for reducing disaster risks, responding to require new designs to fulfill the militaries’ secondary role. What is necessary is inter-operability of
disasters and recovering from them are still in their infancy. Yet states are increasingly turning to legal joint and multi-national missions with greater command-and-control capabilities among Asean’s
instruments at the national, regional and international levels to fight disasters. Are those legal military considering the vastness of the region.
instruments in place meeting their potential to increase cooperation on disaster risk management
and humanitarian response? In the light of scientific information that natural disasters are projected to intensify in the Asia-Pacific
region in the future, the Asean Agreement on Disaster Management and Emergency Response
The Asean Agreement on Disaster Management and Emergency Response (ADMER) signed and mentioned above could serve the Asean countries well if utilized effectively and cohesively. As an
ratified by all ten member states is one such legal instrument. Agreed on as an aftermath of the 2004 agreement on disaster preparedness, emergency response and rehabilitation, it is about expedited
Great Tsunami which hit, among others, the coastal zones of Indonesia and Thailand resulting in customs and immigration clearance; faster movement of relief goods, tools and personnel (included
much loss of life and property, ADMER was already in effect (29 December 2009) when one of the are provision of food, water sanitation facilities and temporary shelters); setting up of an Asean
strongest typhoons ever recorded, Typhoon Yolanda (Haiyan), hit the Visayas in the Philippines. disaster relief fund; better utilization of civilian and military personnel as well as stronger simulation
exercises to test emergency response.
Some of the militaries of the Southeast Asian countries were forced to respond to the calamity but
their voluntary efforts highlighted military operational shortcomings in the region. In many ways, the Actually, an Asean Co-ordinating Centre for Humanitarian Assistance on Disaster Management (AHA)
response was mainly on a national basis. Some transport aircraft and ships were sent but there was is functioning in Jakarta to facilitate cross border movement of relief efforts and coordination among
not enough multinational cooperation. Analysts trace the situation to the lack of trust and confidence member countries in joint emergency response.
between many governments for which reason bilateral and trilateral arrangements may be more
effective. An ADMER evaluation report in 2013 noted that many civil society organizations are increasingly
involved in advocacy work around disaster management laws in countries such as Cambodia, Laos,
Aware of the need for greater cooperation in humanitarian assistance and disaster relief, Thailand Indonesia, Thailand and the Philippines.
and Korea sponsored a Southeast Asian Regional Forum Disaster Relief Exercise in Thailand while
Brunei Darussalam and Singapore co-hosted in 2013 a combined military medicine/humanitarian However, there is a need to complement legal instruments with strong research which could help
assistance and disaster relief exercise with all ten Asean members involved. Additional region-wide boost our understanding of the complexities underlying risk and disaster relief at all levels.
exercises were held in Thailand in 2014. Singapore, on the other hand, offered to the Armed Forces of
the Philippines its newly launched Changi Regional Humanitarian Assistance and Disaster Relief Co- Environmental Refugees: Quickly Spreading
ordination Center to organize multi-national military intervention in response to Typhoon Ruby Refugees are people who seek asylum for fear of political, racial or religious persecution or people
(Hagupit) which made landfall in Eastern Samar on 6 December 2014 but was downgraded into a who leave their homes because of war or civil strife. This traditional notion of refugees, however,
tropical storm soon after its landfall. leave out the new, growing and quickly spreading phenomenon of environmental refugees triggered
by natural calamities like earthquakes, tsunamis, volcanic eruptions, landslides resulting to forced
Take note that while defense of sovereignty is the primary responsibility of the military, the displacement of people. (When people seek refuge within their own countries as environmental
requirement to respond to floods, earthquakes, tsunamis, volcanic eruptions, etc. is likely to remain a refugees, they are commonly referred to as internally displaced persons).
secondary priority but one, nonetheless, which is likely to increasingly influence the modernization
drive of the Asean countries’ military over the next decades. Recent scientific studies show that rising seas will supplant encroaching desserts and other forms of
land degradation as the major threat to habitability of many places this century. The evacuation of
1,400 residents of Papua New Guinea’s Carteret Islands (the world’s first climate change refugees “prioritize the natural coastal defenses through greenbelt/coastal ‘bioshield’ development…… In
according to the UN) due to rising sea levels offers a sobering vision of the future for coastal connection therewith, the Sendai Framework for Disaster Risk Reduction (2015) identified as one of
populations. four priorities the matter of ‘investing in disaster risk reduction for resilience’.”

Global warming brought about by excessive fossil fuel use is reported to result to thermal expansion Not to be missed is the Asean Agreement on Disaster Management and Emergency Response
of the oceans and melting of the icecaps. A one meter increase in sea level will displace millions of (ADMER), which came into force in 2009 with the intention of providing “effective regional
people in the delta regions of the Nile and Ganges rivers, further compounding land scarcity in Egypt mechanisms to mitigate impacts of natural disasters….through concerted national efforts and
and Bangladesh. To think that world population is projected to increase by 90 million annually all of intensified regional cooperation.”
them in need of food, water and shelter. In fact, as the root causes of the on-going Southeast Asian
migrant crisis unravel, it would not be surprising if it turns out in the UNHCR backed Bangkok Special Early this year, the Asean Institute of International and Strategic Studies, a consortium of Asean think
Meeting on Irregular Migration in the Indian Ocean of concerned countries and other probes being tanks, concluded that one of the key challenges to Asean is “adapting to climate change:……Asean
carried out that some of those ‘boat people’ are in reality environmental refugees from Bangladesh needs to be prepared for the real possibility that global mitigation efforts are not sufficient. Efforts to
and Myanmar aiming for Thailand, Malaysia and Indonesia. adapt to the effects of climate change and disasters will increasingly demand greater coordination
and the pooling of resources.”
The combined effects of warmer climates and higher seas will make typhoons more frequent and
more destructive further damaging the habitability of coastal areas. Extensive river diversions will In the light of scientific information that natural disasters are projected to intensify in Asia, the
markedly lessen the amount of freshwater discharged into coastal areas while higher sea levels will ADMER could be utilized for disaster prevention and mitigation purposes even if the agreement leans
increase saltwater intrusion thus reducing mangrove forest cover and disrupting major fisheries heavily towards disaster preparedness and emergency response, i.e. faster movement of relief goods,
within fragile ecosystems. Endangered places that may cease to exist include, among others, Tuvalu, better utilization of civilian and military response, etc. ADMER could serve as the basis for Asean’s
Kiribati and the Marshall Islands in the Pacific, Maldives in the Indian Ocean as well as the touristic active role at disaster risk reduction by incorporating effective wetlands management strategies for
string of emerald islands and islets in the Caribbean prompting the formation of an association of climate change resilience.
small island states working towards solutions to their plight to counter sea level rise before the
United Nations. Disaster risk reduction, according to ADMER, means “a framework of elements considered with
possibilities to minimize vulnerabilities and disaster risks to avoid, through prevention or, to limit
Poverty and inadequate development policies along with rapid population growth are the roots of through mitigation and preparedness the adverse impacts of hazards within the broad context of
environmental degradation in the developing world. Present environmental refugees may already be sustainable development.”
the biggest single group of displaced persons. By the middle of this century, people forced to leave
their homes and places of livelihood because of flooding, desertification, toxic pollution, sea level rise Wetlands, on the other hand are among the world’s most valuable ecosystems, providing so may
or other environmental disruptions may even constitute the largest in number among those displaced benefits to people. As defense fortifications, wetlands, particularly mangroves, proved excellent
by all other means. defenses against the onslaught of typhoons and tsunamis as proven by the earthquake occurrence
mentioned above. Scientists explained that the roots of vegetation in Asian mangroves and other
Improvement in general environmental practices particularly agricultural methods, including soil forest wetlands helped to hold the sediments in place against the impact of strong winds, waves and
conservation, which maintains the capability of ecosystems to support life known in environmental currents. Additionally, wetlands are the “kidneys of the earth,” purifying water and waste from both
science as ‘carrying capacity’ will help prevent migration of people. Above all, rapid population natural and human sources. As “biological supermarkets,” wetlands provide a wide variety of flora
growth must be managed particularly in places most vulnerable to ecological disasters. and fauna. Wetlands act as natural dams, absorbing heavy rainfalls, preventing flood downstream;
helps shoreline stabilization and erosion reduction. Wetlands help recharge groundwater aquifers
Asean Environment: Wetlands for Disaster Resilience too. Most important of all, wetlands provide livelihood to many people.
Aside from mangroves, wetlands include swamps, marshes, mudflats, floodplains, peatlands,
THE 2004 Indian Ocean tsunami originating in an earthquake in the sea off Sumatra in Indonesia estuaries, rivers, lakes and many more generally described as “where water meets land.”
devastated 12 countries, including Indonesia, Thailand and Sri Lanka. As an immediate response, the
periodic Asian Wetlands Symposium held in 2005 (in India) recommended, among others, to
ADMER is replete with provisions which could be used by Asean countries in refuting the claim that Armed conflict or wars endanger or damage the environment in ways or forms such as the long-
while emergency response is almost well attended to from the local to the national government level, lasting chemical pollution on land, maritime, and atmospheric pollution, despoliation of land by mines
much remains to be done in regard to a) cooperation in developing and putting into effect solutions and other dangerous objects, and threats to water supplies and other necessities of life.
to reduce disaster impacts; b) development of strategies to identify, prevent or reduce disaster risks
Scorched earth policy – a method used in war where fields are burned and wells are poisoned
and losses; c) prevention and mitigation legislation, regulations, policies, plans, programs and
strategies; and d) raising public awareness about disaster prevention and mitigation. Since the inception of modern warfare, multilateral treaties and international organizations have
attempted to create and implement legal provisions addressing the growing problem of
In pursuit of this, Asean countries could very well incorporate wetlands for disaster risk reduction and environmental damage resulting from armed conflict. Unfortunately, international acceptance and
build resilience in their legal agenda. For instance, the strategy of planting mangrove saplings should enforcement of such provisions has arrived only in incremental responses to the horrors of previous
be a continuing year-round activity in the long and extensive coastlines of countries comprising wars.
Asean. Likewise, massive planting of high-quality and commercially productive variety of bamboo This is an attempt at summarizing the international law of war vis-à-vis the environment, at the same
could be introduced in riverbanks/river basins and lakeshores as a technique not only to withstand time exposing the many deficiencies of the legal framework addressing the environmental
environmental disturbances but also to preserve and rehabilitate freshwater sources and lakes and consequences of war. Emerging approaches culled from international consultations are likewise
provide added source of income to people. covered to invite attention to possibilities at preventing or minimizing damage to the environment in
times of armed conflict.
Take note that Asean is not only about economic partnership, trade liberalization and economic
THE EXISTING LAW
integration. It is also about environmental security. In that regard, Asean’s environment program,
conceived in the early 1980s, has metamorphosed to include an Asean Working Group on Coastal and From the standpoint of customary law:
Marine Environment.  environmental protection during wartime may be inferred from the general protection of
the civilian population and property based on the fundamental rule expressed in the 1868
Hosting Asean@50 gives President Duterte a historic opportunity to influence the future direction of Declaration of St. Petersburg that military actions by states should be limited to the objective
Asean vis-à-vis disaster risk reduction, an area where Asean lags behind in terms of prevention and of weakening military force of the enemy.
mitigation projects to better achieve climate change resiliency. In theory:
 general principles of due diligence and the precautionary principle in field of environmental
It should be borne in mind, however, that building a disaster-resilient Asean needs partnerships protection are tempered with principles applied in the law of war [principles of necessity,
among governments, private sector, NGOs, LGUs, and other institutions with clearly defined roles not proportionality, discrimination, and humanity]
only in disaster response but also in disaster prevention and mitigation. To begin with, a program on
the values and functions of wetlands for disaster risk reduction and onwards to consolidating ENVIRONMENTAL PRINCIPLES PRINCIPLES OF WAR
resilience endeavors among Asean countries on the same track could be embarked on and, in the 1. DUE DILIGENCE - aka Good 1. NECESSITY
process, highlight also the need to scale up adaptation to climate change. Indeed, Asean-wide Neighborliness  w/n the act of war to be done is
advocacy initiatives about wetlands for disaster risk reduction would do well to invigorate efforts in  where the sovereign right to necessary in order to achieve a
the region to give climate change resilience the priority that the issue deserves. exploit own resources entails legitimate military advantage
responsibility to ensure that the 2. PROPORTIONALITY
activities do not cause damage to  w/n the advantage sought by the
Hopefully, the recommendation is realized soon because Asean remains vulnerable to natural
other states or areas beyond necessary action outweighs the
disasters. But through multi-stakeholder engagement, improvements can be made at a much faster
jurisdiction. anticipated collateral damage
pace so the region can have a much needed disaster-resilient system.
2. PRECAUTIONARY PRINCIPLE 3. DISCRIMINATION
Armed Conflict and the Environment: Legal Perspective [PLJ Vol. 81 Feb  that in order to protect the  w/n the chosen weapon or tactic
environment, the precautionary sufficiently discriminates
2007, p. 377-389] approach shall be applied: where between military and civilian
by Amado S. Tolentino Jr. there are threats of serious or objects; or between combatants
 irreversible damage, the lack of and non-combatants B. Hague Convention [Netherlands] – governed weapons which sought to ban weapons that
full scientific certainty shall not be 4. HUMANITY cause unnecessary suffering pursuant to the right of Parties in armed conflict to choose
used as a reason of postponing  w/n the act causes unnecessary methods or means of warfare is NOT unlimited.
cost-effective measures to prevent suffering to the victim
environmental degradation  w/n minimal force is used to Conventions:
achieve enemy submission 1. Convention IV Respectng the Laws and Customs of War on Land with Annex of Regulations
[1907]
2. Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or other Gases,
Objective of ENVIRONMENTAL PRINCIPLES: to prevent invention of new and more destructive and Bacteriological Methods of Warfare [1925]
weapons of war thereby anticipating and preventing damage to the environment. 3. Convention on the Prohibition on the Development, Production, Stockpiling of
bacteriological (Biological) and Toxin Weapons and their Destruction [1972]
Principle 24 of the UN Declaration on Environment and Development states: Warfare is inherently
4. Convention on the Prohibitions and Restrictions on the Use of Certain Conventional
destructive of sustainable development. States shall therefore respect international law providing
Weapons which may be Deemed to be Excessively Injurious or to have Indiscriminate Effects
protection for the environment in times of armed conflict and cooperate in its further development
(1980)
as necessary.
5. Convention on the Prohibition on the Development, Production, Stockpiling, and Use of
Martens Clause – in cases not covered by specific provisions, civilians and combatants remain under Chemical Weapons and on their Destruction [1993]
the protection and authority of:  restricted weapons included:
1. principles of war [necessity/proportionality/discrimination/humanity]  exploding munitions
2. principles of international law derived from established customs  poisonous gas
3. principles of humanity  chemical and biological weapons
4. dictates of public conscience  blinding lasers
 land mines
2 major groups of international conventions which protect the environment during wartime:  while most are designed to target humans, many bring about environmental
A. Geneva Conventions [Switzerland] – a body of treaties governing the behavior of consequences [i.e. chemical contents can persist in the ecosystem and disrupt the
belligerents and provides varying degrees of protection of combatants, prisoners of war, food chain.]
civilians and their property, and cultural property 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict – sets
Composed of: up a comprehensive regime including the triple use of the distinctive blue and white emblem for
a. 1976 Convention on the Prohibition of Military and Any other Hostile Use of marking cultural property under special protection [not been fully utilized in contrast with Red cross
Environmental Modification Techniques [ENMOD] marking which affords protection to areas marked as such]
 where the natural environment is deliberately manipulated to cause
destruction 1972 Convention for the Protection of the World’s Cultural and Natural Heritage – imposes a duty
 example: altering weather patterns, earthquake modification, ocean to refrain from deliberate activities harming designated sites but does not create a regime to protect
current modification to create tidal waves, river diversion, destruction sites of biological diversity import during armed conflict.
of a dam
b. 1977 Additional Protocol [Protocol I] DEFICIENCIES AND CURRENT CHALLENGES
 with ENMOD, applies to international wars Like the rest of international law, international humanitarian law has been slow in providing the
 placed great emphasis on objects necessary to the survival of civilian environment with a set of rules of law specific to it. Thus, the word ‘environment’ does not even
population including civilian infrastructures such as power plants and appear in the Geneva Conventions [1949] and Hague Conventions [1907] To be able to comply, it is
water treatment facilities necessary to clarify and interpret the scope and context of some of those rules:
c. 1977 Additional Protocol to the Protection of Victims in Non International 1. what constitutes “widespread, longterm, and severe damage” to the environment?
Armed Conflicts 2. Defining with certainty the threshold of application of the rules, the need for a clear decision
 applied to internal conflicts regarding the applicability in wartime of provisions of international environmental law, and
the advisability of setting up a mechanism to sanction breaches thereof.
Cases in point: 2. 1972 Convention on the Protection of World Cultural and Natural Heritage [World Heritage
1. Kosovo conflict Sites]
 a fertilizer, oil refinery and petrochemical complex in Pancevo was deliberately and
repeatedly bombed since NATO claimed that in addition to making products for Their protection in times of armed conflict entails:
purely civilian consumption, the complex supplied gasoline and other essential a) the preparation of detailed maps
materials to the Serb army and was therefore a legitimate military target b) elaboration of materials on international heritage protection during armed conflict for
 the Danube River was also poisoned as a result of the bombing of such industrial dissemination
facilities c) formulation of guidelines for military manuals to make protected areas free of weapons
2. Yugoslavia filed a case before the ICJ against NATO alleging breaches of:
*** In order to afford the protection, the state involved in the exercise of territorial sovereignty
i. obligation NOT to cause considerable environmental damage
SHOULD NOT maintain military installations or military activities in the protected areas.
ii. obligation NOT to cause far-reaching health and environmental damage
iii. obligation NOT to use prohibited weapons AN EMERGING NEW APPROACH DRAFT CONVENTION on the Prohibition of Hostile Military
 however, upon objection of US and Spain, ICJ did not acquire jurisdiction over the Activities in Internationally Protected Areas
case.  an initiative of the International Council on Environmental Law (ICEL) and International
 NATO asserted that military advantage outweighed the incidental human and Union for the Conservation of the Nature’s Commission on Environmental Law (IUCN-
environmental loss CEL)
 ICJ opined [despite dismissing the case] – the court is profoundly concerned with
the use of force in Yugoslavia… under the present circumstances such use raises Articles mentioned:
very serious issues in international law. Art. 2 - Each resolution adopted by the Security Council to take action under Chapter VII of the
3. GULF Wars Charter, in response to a situation of armed conflict shall include a list of the relevant internationally
 US and coalition forces devastated Iraqi factories and refineries, employing the protected areas, thereby designated as non- target areas in which all hostile military activities shall
same necessity and justification, dropped millions of cluster bombs. not be permitted during the armed conflict in question
4. Vietnam War Art. 3 – Any internationally protected area, .. shall cease to enjoy such protection when the State
 show what could happen when defoliation was not implemented to destroy forests Party in whose territory the area is situated:
per se but was a strategy used to eliminate cover for enemy fighters in jungle areas a) maintains military installations of any kind within … of the area in question
[As per Amb. Tol: enemy used harmful gas to lure Vietnamese out of the jungles, b) decides to use the area in question to carry out any military activities during armed conflict
only to fail because of the elaborate tunnels used since the Vietnamese were hiding  Art 3 strives to make the area protected uninteresting for the military so as not to
underground] be targeted by military operations.

The experience in many armed conflicts demonstrate the NEED FOR SPECIAL PROTECTION OF THE Measures to increase the effectiveness of legal norms and proposals to ensure better development of
CULTURAL ENVIRONMENT, such as monuments and other immovable cultural property during environmental protection in times of armed conflict recommended:
hostilities. For this reason, there is a provision in the 1954 Convention for the Protection of Cultural
FIRST – the lists of currently designated cultural and natural sites [Ramsar List and World Heritage
Property in the Event of Armed Conflict for the
Sites; UN list of Parks and Protected Areas; UNESCO Biosphere Reserve Systems] be reviewed to
marking of cultural property with a special emblem – best example: VATICAN CITY – which allows
establish priorities, taking into account the need for protection of relevant sites in times of armed
the military to take all necessary measures in times of peace or during conflict to protect it.
conflict
Current deficiency – with regard to the prohibition of hostile military activities in natural sites or
SECOND - sufficiently detailed maps showing specifically the location and extent of designated
protected areas referring to “natural or cultural areas of outstanding international significance from
cultural and natural sites should be prepared for each area and provided to all military and civilian
the point of view of ecology, history, art, science, ethnology, anthropology, or natural beauty” which
authorities worldwide.
include areas designated under international agreement or inter-governmental programme which
 model provisions for military manuals on the protection of designated cultural and natural
meets the criteria.
sites should also be prepared
Listings of natural and cultural areas “of outstanding international significance” exists under:
THIRD – a distinctive emblem should be used for natural site for identification and protection [blue
1. 1971 Ramsar Convention on Wetlands of International Significance [Ramsar List]
and white emblem designated for cultural sites must be extended to natural sites as well]
FOURTH – the UN Secretary General, should address the need to identify and protect designated ARMED CONFLICT AND THE ENVIRONMENT: LEGAL PERSPECTIVE (PHIL
sites as soon as the threat to peace and security is determined, where such sites which could be
affected must be communicated to members of the Security Council and authorities in the area JOURNAL VOL 8 FEB 2007 PP. 377-389)
concerned.
 Endanger and damage the environment; destruction of lives, culture and land
FIFTH - all designated cultural and natural sites should be considered analogous to demilitarized o Chemical pollution on land
zones [DMZ] similar to those under Art. 60 of Protocol I and such sites should not be used for military o Maritime and atmospheric pollution
activity o Despoliation of land by mines and other dangerous objects
o Threats to water supply
SIXTH – States should provide continuing education of senior military personnel and senior civilian  1868 Declaration of St. Petersburg (Russia)
officials in the field of protection of designated cultural and natural sites in times of armed conflict o Objective:
FINALLY [SEVENTH] - States should be encouraged to enter into bilateral agreements on the  weakening military force of the enemy
establishment of  precautionary principle in the field of environmental protection
international parks and protected areas in transboundary locations and for the joint protection of  prevent the invention of new and more destructive weapons of war
habitats, to enter into other bilateral and regional agreements to enhance protection of such parks  prevent damage to the environment
and protected areas in times of armed conflicts.  Principle 24 of the UN Declaration on Environment and Development
o Warfare is inherently destructive of sustainable development
Suggestions on the protection of the environment in general in times of armed conflict: o UN Conference on Environment and Development (UNCED)
1. any new instrument concerning the protection of the environment in times of armed conflict  Agenda 21 - reference to armed conflict; measures in accordance with
should be based on the concept that the environment per se should be protected international law
2. further international and national measures to prevent harm to the environment should be  Balance necessity against collateral damage
developed. In particular, 2 lists should be prepared:
a. a catalogue of human activities with hostile purposes injurious to the environment. Geneva Convention:
o list of hostile acts would include:
 intentional attacks on the environment a) 1976 Convention on the Prohibition of Military or any other Hostile Use of Environmental
 manipulation of natural processes causing environmental damage Modification Techniques (ENMOD)
significant collateral damage to the environment b) 1977 Additional Protocol (on protection of victims) to the Geneva Conventions of 12 Aug
b. A registry of all protected areas should be completed 1949 (Protocol 1) – International wars; prohibition on indiscriminate attacks and
3. States should revise and update military procedures in order to ensure protection of the environmental collateral damage
environment to the fullest possible extent in times of armed conflict – necessitates a c) 1977 Additional Protocol Relating to the Protection of Victims of Non-International Armed
reconsideration of traditional targets; sites which although not inherently dangerous, are Conflicts (Protocol 2) – internal armed conflicts
essential to human health or the environment should NOT be military targets.
Hague Conventions – governing weapons
4. UN to establish a system of emergency preparedness to protect the environment in times of
conflict  right to choose weapons is not unlimited
5. Damage, actual or potential, and restoration should include all reasonable measures to  restricted or banned weapons:
reinstate or restore damaged or destroyed components of the environment equivalent to o exploding munitions
those impaired or lost. Compensation shall be required if restoration is not possible. o poisonous gas
MOST DIFFICULT ISSUE IN CONFRONTING THE COMMUNITY OF NATIONS IN REGARD TO PROTECTION o chemical and biological weapons
OF THE ENVIRONMENT IN TIMES OF ARMED CONFLICT – How to impose the law against powerful o blinding lasers
nations [ US vs. Vietnam, Russia vs. Afghanistan, Allied forces in Gulf War and Kosovo] o land mines
o lead ammunition – tungsten and tin / nylon

Deficiencies and Current Challenges

  Geneva Convention 1949 – no mention of environment  Sites must be demilitarized zones similar to ART60 1977 Protocol I
 Hague Convention 1907 – did not address specific environmental issues  State to provide for continuing education
o Constitutes? “widespread, long term and severe damage”  Bilateral agreements – protection of areas (parks and protected areas)
 Kosovo wartime
o pollution of Danube river Significant suggestions: proper mapping
o bombing of industrial facilities 1. new instrument for protection of environment in times of armed conflict
o Yugoslavia filed a case before ICJ vs US and Spain (did not recognize ICJ; jurisdiction) 2. further international and national measures to prevent harm to the environment
 Breaches: a. catalogue of human activities with hostile purpose injuries to the environment
 Obligation not to cause far reaching health and environmental i. intentional attacks
damages ii. manipulation of natural process
 Obligation not to use prohibited weapons iii. significant collateral damage
 Vatican State b. registry of all protected areas should be completed
o Protected area; avoid destruction; military to take all necessary measures 3. revise and update military procedures to ensure protection of the environment to the fullest
o 1954 Convention for the protection of cultural property in the event of Armed possible extent in times of armed conflict
Conflict a. if damaged can harm human health
o list – 1971 Ramsar Convention 4. UN establish a system of emergency preparedness to protect the environment
 protection in times of Armed Conflict 5. Damage, actual or potential, and restoration
 protected areas free of weapons; no military activities a. Compensation in kind shall be required when restoration is not physically possible
 X Vietnam War, Gulf War, Kosovo War/Conflict
 Difficult to discern contamination due to wartime transboundary *Implementation of MEA is dependent in national laws
pollution or non-existent monitoring facilities CLASS: NOTES:
Emerging New Approach 1. Take note of the PRINCINPLES APPLIED:
a. Principle of due diligence
a. 1977 Protocol I – effective implementation in Iraq, Afghanistan, Israel – Lebanon b. Precautionary Principle
b. International Council of Environmental Law (ICEL)- draft convention on the prohibition of 2. Law of War
hostile military activities in Internationally protected areas a. Principle of Necessity
c. 1971 Ramsar Convention on Wetlands b. Principle of proportionality
d. 1972 World Heritage Convention c. Principle of Discrimination
e. UN List of Parks and Protected Areas – transboundary parks d. Principle of Humanity
f. UNESCO (United Nations Educational, Scientific and Cultural Organization) Biosphere reserve 3. Martens Clause
system 4. Geneva Convention & Hague Conventions

 Proposals based on current laws – list of designated cultural and natural sites
 Sufficient detailed maps showing location
 Distinctive emblem should use for natural site identification and protection
 UN Secretary General to bring matters to Security Council