ENVironmental law lesson PPT-9-6-2025.pptx

Lecture Notes

1. Constitutional Provisions on Natural Resources and Environment ENVIRONMENTAL LAW

2. PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony , and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. 2

3. NATIONAL TERRITORY Article I – 1987 Philippine Constitution The national territory comprises the Philippine archipelago , with all the islands and waters embraced therein, and all other territories over which the 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. 3

4. Declaration of Principles and State Policies – Article II RIGHT TO HEALTH (SECTION 15) The State shall protect and promote the right to health of the people and to instill health consciousness among them. 4

5. Case Discussion: HERNANDEZ vs. NAPOCOR

6. Right to health is paramount over presumed economic benefits HERNANDEZ VS. NAPOCOR

7. Declaration of Principles and State Policies – Article II RIGHT TO BALANCED ECOLOGY (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. 7

8. BILL OF RIGHTS – ART. III, 1987 PC Right to Due Process of Law - SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. 8

9. BILL OF RIGHTS – ART. III, 1987 PC Right to Privacy SEC. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be 9

10. BILL OF RIGHTS – ART. III, 1987 PC determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. 10

11. BILL OF RIGHTS – ART. III, 1987 PC Right of Access to Information SEC. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, 11

12. BILL OF RIGHTS – ART. III, 1987 PC or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. 12

13. Case Discussion: VALMONTE VS. BELMONTE

14. Right of Access to Information The right to information on matters of public concern is applicable and enforceable against a government-owned corporation. Said corporation cannot invoke the right to privacy, a right available only to individuals. VALMONTE VS. BELMONTE

15. Case Discussion: LEGASPI vs. Civil Service Commission

16. Right of Access to Information The Right to Information is Not Discretionary Information of public concern is a demandable right. Government officials have no discretion whether or not to release the information. They can only prescribe the manner by which the right can be exercised, such as, for example, that it can be secured only during office hours. However, this right admits of exceptions such as when the information requested is a matter of national security. Legaspi vs. civil service commission

17. National Economy and Patrimony: Article XII Efficient Use of Resources SECTION 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. 17

18. National Economy and Patrimony: Article XII State Ownership of Natural Resources SEC. 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. 18

19. National Economy and Patrimony: Article XII Lands of Public Domain and Classification SEC. 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. 19

20. National Economy and Patrimony: Article XII Limits of Forest Lands and National Parks SEC. 4. The Congress shall, as soon as possible, determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forest and watershed areas. 20

21. National Economy and Patrimony: Article XII Limits of Forest Lands and National Parks SEC. 4. The Congress shall, as soon as possible, determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forest and watershed areas. 21

22. National Economy and Patrimony: Article XII Indigenous Cultural Communities SEC. 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. 22

23. National Economy and Patrimony: Article XII Social Function of Property SEC. 6. The use of property bears a social function and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. 23

24. E.O. NO. 192 – Reorganization Act of the DENR ENVIRONMENTAL LAW

25. SEC. 3. Declaration of Policy Ensure the sustainable use, development, management, renewal, and conservation of the country’s forest, mineral, land, offshore areas, and other natural resources Protection and enhancement of the quality of the environment, and equitable access of the different segments of the population to the development and use of the country’s natural resources, not only for the present generation but for future generations as well 25

26. SEC. 4. MANDATE Primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources, specifically forest and grazing lands, mineral resources, including those in reservation and watershed areas, and lands of the public domain Licensing and regulation of all natural 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 26

27. Case Discussion: MEAD VS. ARGEL

28. Case Discussion: POLLUTION ADJUDICATION BOARD VS. CA

29. Case Discussion: TECHNOLOGY DEVELOPERS, INC. vs. CA