CHAPTER 1
TERMS NOTES
Pale Blue Dot Earth as seen from space; represents humanity, home, and everything
known to us.
Humanity’s Treatment of Exploitation and greed; acting as if Earth’s resources are infinite.
Earth
Importance of Protects and preserves nature; ensures accountability and survival of
Environmental Laws humanity.
Antaeus Myth A giant who drew strength from Mother Earth; symbolizes life’s
dependence on Earth.
Regalian Doctrine All lands and natural resources belong to the State (1987 Constitution,
Article XII, Sec. 2).
Non-Alienation of Natural Natural resources (except agricultural lands) cannot be alienated; State
Resources has utilization rights.
Principle 21 of the - States have sovereignty over resources but must ensure no
Stockholm Declaration environmental harm beyond their jurisdiction.
- States must ensure activities within their jurisdiction do not harm
the environment beyond their territory.
Sovereign Right Over States have the right to manage resources without external interference
Natural Resources but must avoid harming other states.
Environmental Persistent global issue; includes overfishing, deforestation, and
Degradation greenhouse gas emissions causing global warming.
Philippines as a High biodiversity loss due to natural disasters and human-caused
Biodiversity Hotspot degradation, e.g., deforestation and pollution.
Philippines’ Natural Prone to typhoons, floods, landslides, earthquakes, tsunamis, and
Disasters volcanic eruptions due to its location.
Human-Caused Includes deforestation, soil erosion, air and water pollution, overfishing,
Environmental Issues and waste mismanagement.
Climate Change Global crisis with rising CO2 levels, melting ice caps, sea-level rise, and
extreme weather due to human activity.
Consequences of Climate Threatens food security, water availability, poverty, and may lead to
Change political and social upheavals.
Biodiversity Threats in Logging, mining, population growth, cyanide and dynamite fishing, and
the Philippines coastal development destroy ecosystems.
Precautionary Principle Advocates addressing environmental harm despite scientific uncertainty;
adopted as Rule 20 in environmental cases.
Environmental Justice Equal protection from environmental hazards and equal participation in
environmental decision-making for all.
Stockholm Declaration Foundation of international environmental law; emphasizes sustainable
(1972) development and environmental responsibility.
Rio Declaration (1992) Guides sustainable development; includes the precautionary approach
and compensation for transboundary harm.
Agenda 21 Action plan for global sustainable development; adopted at the Rio Earth
Summit in 1992.
Philippine Agenda 21 The Philippines' commitment to sustainable development; updated as
Enhanced PA 21 to address globalization impacts.
UNCLOS (1982) Defines ocean resource rights; grants Exclusive Economic Zones (EEZs)
and emphasizes marine environmental protection.
PCA Ruling on PH-China Declared PH rights over EEZ in the South China Sea; ruled China's
Dispute (2016) actions violated UNCLOS obligations.
Vienna Convention Framework for international cooperation to protect the ozone layer.
(1985)
Montreal Protocol (1987) Treaty to phase out substances causing ozone depletion; effective from
1989.
Copenhagen Accord Agreement among developed and major developing countries to limit
(2009) greenhouse gas emissions.
UN Framework Requires governments to act against dangerous climate change. The
Convention on Climate Philippines submitted climate action plans (2000, 2015).
Change (UNFCCC)
Kyoto Protocol Extends UNFCCC; binds states to reduce greenhouse gases. PH signed
in 1988 and ratified in 2003.
Basel Convention Prevents movement of hazardous waste between nations, especially from
developed to less developed countries.
Paris Summit (2015) Global agreement to limit warming to below 2°C. PH ratified it in April
2016.
Purpose of Maintain harmony between man and nature while addressing
Environmental Laws (PH) socio-economic needs and protecting future generations.
PD No. 1151 (Philippine Declares policies to improve environmental quality for dignity, safety, and
Environmental Policy) productive living. Key aspects:
(a) Protect resources for future generations.
(b) Balance exploitation with safety and sustainability.
(c) Promote a healthy and aesthetic environment.
Constitutional Provisions The Philippine Constitution mandates environmental protection and
(1987 Constitution) preservation of natural resources.
Constitutional provisions
Article I "The national territory comprises the Philippine Archipelago, with all the
islands and waters embraced therein, and all other territories over which
Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal
waters of the Philippines."
2) Article II, Section 15 "The State shall protect and promote the right to health of the people
and instill health consciousness among them."
3) Article II, Section 16 "The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature."
4) Article XII, Section 2 "All lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are
owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under the full
control and supervision of the State.
The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its
use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence fishermen and fishworkers
in rivers, lakes, bays and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance
for large-scale exploration,
development, and utilization of Minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on
real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development
and use of local scientific and technical resources."
5) Article XII, Section 5 "The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure their economic,
social and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership and
extent of ancestral domain."
6) Article XIII, Section 7 "The State shall protect the rights of subsistence
fishermen, especially of local communities,
The preferential use of the communal marine and fishing resources, both
inland and offshore. It shall provide such fishermen through appropriate
technology and research, adequate financial, production, and marketing
assistance, and other services.
The State shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusions.
Fishworkers shall receive a just share from their labor in the utilization of
marine and fishing resources."
Climate Change Recognized globally as effective. Laws integrate environmental protection
Adaptation (CCA) and with disaster preparedness and mitigation.
Disaster Risk Reduction
(DRR)
Philippine Environmental Mandates environmental protection programs and requires Environmental
Policy (PD No. 1151) Impact Assessments (EIA) for development projects.
Philippine Environment Framework for air, water, and land management standards to conserve
Code natural resources.
National Integrated Ensures integrated management of protected areas to conserve
Protected Areas System biodiversity.
(NIPAS) Act
Revised Forestry Code Promotes sustainable and multiple uses of forest lands to meet national
development needs.
Philippine Fisheries Code Governs fisheries management in Philippine waters, including the
exclusive economic zone and other aquatic resources.
Philippine Mining Act Regulates exploration and conservation of state-owned mineral resources
for sustainable development.
Indigenous People's Protects indigenous peoples' rights to ancestral lands and cultural
Rights Act (IPRA) integrity.
Philippine Clean Air Act Establishes a national air pollution control program with active public
participation.
Philippine Clean Water Prevents water pollution and protects fresh, brackish, and marine water
Act resources.
Ecological Solid Waste Adopts systematic waste management programs to protect public health
Management Act and the environment.
Wildlife Resources Promotes ecological balance and biodiversity through the conservation of
Conservation Act wildlife and habitats.
Chain Saw Act Regulates the ownership and use of chain saws to prevent illegal logging.
Laguna Lake Develops and manages the Laguna Lake area for sustainable growth.
Development Authority
(LLDA)
Environmental Impact Requires Environmental Compliance Certificates (ECCs) for
Statement System environmentally critical projects.
Biofuels Act Promotes the use of biofuels to reduce greenhouse gas emissions.
Climate Change Act of Establishes a Climate Commission to oversee government actions on
2009 climate change.
Philippine Disaster Risk Institutionalizes disaster risk reduction measures and improves disaster
Reduction and preparedness.
Management Act of 2010
Toxic Substances and Regulates hazardous chemical substances and prohibits entry of nuclear
Hazardous Wastes Act waste into the Philippines.
Coal Development Act of Promotes systematic exploration and development of coal resources with
1976 private sector participation.
Animal Welfare Act Protects animals by regulating breeding and training facilities.
Coral Resources Manages coral resources to conserve marine ecosystems.
Conservation Decree
Agriculture and Fisheries Encourages sustainable resource use in agriculture and fisheries for
Modernization Act inclusive growth.
Environmental Planning Regulates land and water resource use to develop sustainable
Act of 2013 communities and ecosystems.
National Caves and Cave Protects caves and their resources as part of the country's natural
Resources Management heritage.
Act
Renewable Energy Act Encourages exploration of renewable energy resources to achieve energy
self-reliance.
Key Supreme Court In Province of Rizal v. Executive Secretary, the Court emphasized
Ruling environmental laws were created to minimize adverse impacts and ensure
harmony between man and nature.
Rules of Procedure for Approved April 13, 2010; effective April 29, 2010. Promotes environmental
Environmental Cases justice, simplifies procedures, and enforces constitutional environmental
rights.
Objectives:
1. Protect constitutional right to a balanced ecology.
2. Simplify and expedite enforcement of environmental laws.
3. Adopt innovations and best practices.
4. Ensure compliance with court orders.
Salient Features - Liberalized locus standi for citizen suits with safeguards.
- Mediation for disputes.
- Continuous trial, no TROs for government enforcement of environmental
laws.
- Writ of Kalikasan and Continuing Mandamus for large-scale ecological
threats and compliance.
- Discovery measures, citizen’s arrest, and precautionary principle
applied.
Landmark Cases - Oposa v. Factoran: Right to a balanced ecology concerns
self-preservation.
- MMDA v. Concerned Citizens of Manila Bay: Mandamus compels
rehabilitation of Manila Bay.
Regalian Doctrine State owns all natural resources; control over exploration, development,
and utilization enshrined in 1935, 1973, and 1987 Constitutions.
Environmental Protection Laws aim to address economic and natural wealth depletion, promoting
in Law sustainable coexistence of man and nature.
