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    Natural Resources and Environment Law Syllabus

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    ペラルタ ヴィンセントスティーブ
    This document outlines the key constitutional provisions and laws relating to natural resources and the environment in the Philippines. It begins by summarizing the relevant environmental provisions in the Philippine Constitution on topics like territorial waters, health, ecology, social justice, and local autonomy. It then provides an overview of general environmental laws established since the 1970s like the Environmental Protection Council and Environmental Code. The majority of the document lists over 20 specific environmental statutes enacted to protect resources like forests, waters, wildlife, and indigenous lands. It concludes by briefly noting domestic legal procedures and international mechanisms for resolving environmental disputes.

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    Natural Resources and Environment Law Syllabus

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    ペラルタ ヴィンセントスティーブ
    909 views4 pages
    This document outlines the key constitutional provisions and laws relating to natural resources and the environment in the Philippines. It begins by summarizing the relevant environmental provisions in the Philippine Constitution on topics like territorial waters, health, ecology, social justice, and local autonomy. It then provides an overview of general environmental laws established since the 1970s like the Environmental Protection Council and Environmental Code. The majority of the document lists over 20 specific environmental statutes enacted to protect resources like forests, waters, wildlife, and indigenous lands. It concludes by briefly noting domestic legal procedures and international mechanisms for resolving environmental disputes.

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    This document outlines the key constitutional provisions and laws relating to natural resources and the environment in the Philippines. It begins by summarizing the relevant environmental provisions in the Philippine Constitution on topics like territorial waters, health, ecology, social justice, and local autonomy. It then provides an overview of general environmental laws established since the 1970s like the Environmental Protection Council and Environmental Code. The majority of the document lists over 20 specific environmental statutes enacted to protect resources like forests, waters, wildlife, and indigenous lands. It concludes by briefly noting domestic legal procedures and international mechanisms for resolving environmental disputes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    909 views4 pages

    Natural Resources and Environment Law Syllabus

    Uploaded by

    ペラルタ ヴィンセントスティーブ
    This document outlines the key constitutional provisions and laws relating to natural resources and the environment in the Philippines. It begins by summarizing the relevant environmental provisions in the Philippine Constitution on topics like territorial waters, health, ecology, social justice, and local autonomy. It then provides an overview of general environmental laws established since the 1970s like the Environmental Protection Council and Environmental Code. The majority of the document lists over 20 specific environmental statutes enacted to protect resources like forests, waters, wildlife, and indigenous lands. It concludes by briefly noting domestic legal procedures and international mechanisms for resolving environmental disputes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    The document discusses the constitutional provisions, principles, and policies related to environmental law in the Philippines. It also outlines some general environmental laws and frameworks as well as specific laws pertaining to areas like forestry, pollution, biodiversity conservation, and natural resource management.

    Some of the relevant constitutional provisions discussed include the preamble, provisions on national territory and resources, the bill of rights, principles of social justice and patrimony. Specific principles mentioned are the efficient use of resources and the social function of property.

    Some of the general environmental laws mentioned are the National Environmental Protection Council, the Philippine Environmental Policy, the Philippine Environmental Code, and the Reorganization Act of the DENR.

    NATURAL RESOURCES and ENVIRONMENTAL LAW

    Syllabus
    Atty. Gene R. Abot
    College of Law
    Polytechnic University of the Philippines
    Part 1: Constitutional Provisions
    Relevant Provisions of the 1987 Constitution
    I. Preamble.
    II. National Territory:
    A. Territorial sea
    B. Seabed
    C. The subsoil
    D. Insular
    E. Other submarine areas
    III. Declaration of Principles and State Policies:
    Section 15. The State shall protect and promote the right to health of
    the people and instill health consciousness among them.
    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.
    Oposa vs. Factoran 224 SCRA 792
    IV. Bill of Rights Article III
    V. National Economy and Patrimony Article XII
    A. Efficient Use of Resources. Section 1.
    B. State Ownership of Natural Resources Section 2.
    Oh Cho v. Director of Lands, 75 Phil. 890
    Director of Lands vs. CA, G.R. No. 112567, February 7, 2000
    REGALIAN DOCTRINE
    Republic vs. dela Paz, G.R. No. 171631, November 15, 2010
    Republic vs. CA, G.R. No. L-43938, April 15, 1988
    C. Public Domain and Land Classification
    1. Section 3. Lands of the public domain are classified into
    agricultural, forest or timber, mineral lands and national
    parks.
    2. Section 4. Limits of Forest Lands.
    3. Ancestral Domains (RA 8371) Ancestral Lands

    D. Indigenous Cultural Communities


    Section 5.
    E. Social Function of Property
    Section 6.
    VI. Social Justice and Human Rights Article XIII
    A. Ecological Considerations in Agrarian Reform
    Section 4.
    B. Preferential Use of Marine Resources for Subsistence Fishermen
    Section 7.
    C. Health Care and Regulation
    Section 11.
    D. Rights of Women
    Section 14.
    E. Role and Rights of Peoples Organization
    Section 15.
    Section 16.
    VII. Local Autonomy Article X
    Section 5.
    Section 6.
    Section 7.
    Part 2. General Environmental Laws
    1. National Environmental Protection Council (PD 1121)
    2. Philippine Environmental Policy (PD 1151)
    3. Philippine Environmental Code (PD 1152)
    MMDA, et al. vs. Concerned residents of Manila Bay, G.R. Nos.
    171947-48, Dec. 18, 2008.
    4. Reorganization Act of the DENR (E.O. 192[1987]
    G.R. Nos. 162243, 164516. 171875, Secretary of DENR vs. PICOP, Nov.
    29, 2006.

    5. REPUBLIC ACT No. 3931 - AN ACT CREATING THE NATIONAL WATER AND AIR
    POLLUTION CONTROL COMMISSION.
    As revised by the Pollution Control Law (PD 984)
    Section 6 - Powers and Functions The Commission
    Section 8 Prohibitions
    6. Civil Code Provisions on the Environment
    7. Provisions in C.A. No. 141, The Public Land Act;
    8. R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988;
    9. R.A. No. 7160, Local Government Code of 1990
    Part 3.

    Specific Environmental Laws

    (a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and
    Molave Trees;
    (b) P.D. No. 705, Revised Forestry Code;
    (c) P.D. No. 856, Sanitation Code;
    (d) P.D. No. 979, Marine Pollution Decree;
    (e) P.D. No. 1067, Water Code;
    (f) P.D. No. 1433, Plant Quarantine Law of 1978;
    (g) P.D. No. 1586, Establishing an Environmental Impact Statement System
    Including Other Environmental Management Related Measures and for Other
    Purposes;
    (h) R.A. No. 3571, Prohibition Against the Cutting, Destroying or
    Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or
    Plants of Scenic Value along Public Roads, in Plazas, Parks, School
    Premises or in any Other Public Ground;
    (i) R.A. No. 4850, Laguna Lake Development Authority Act;
    (j) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
    (k) R.A. No. 7076, Peoples Small-Scale Mining Act;
    (l) R.A. No. 7586, National Integrated Protected Areas System Act
    including all laws, decrees, orders, proclamations and issuances
    establishing protected areas;
    (m) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
    (n) R.A. No. 7942, Philippine Mining Act;
    (o) R.A. No. 8371, Indigenous Peoples Rights Act;
    (p) R.A. No. 8550, Philippine Fisheries Code;
    (q) R.A. No. 8749, Clean Air Act;
    (r) R.A. No. 9003, Ecological Solid Waste Management Act;
    (s) R.A. No. 9072, National Caves and Cave Resource Management Act;
    (t) R.A. No. 9147, Wildlife Conservation and Protection Act;
    (u) R.A. No. 9175, Chainsaw Act;
    (v) R.A. No. 9275, Clean Water Act;
    (w) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
    Part 4.

    Dispute Settlement for Environmental Cases

    I. Rules of Procedures under domestic laws


    A. Civil Procedure

    B.
    C.
    D.
    E.
    F.

    Criminal Procedure
    Precautionary Principle
    Strategic lawsuit against public participation (SLAPP)
    Writ of Kalikasan
    Administrative Remedies

    II. International dispute mechanisms for environmental cases.

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