Pointers For Mid Terms
Pointers For Mid Terms
Institute of Law
The Law on Natural Resources
(Environmental Law)
Midterms Pointers
7 Principles of Environmental Law
1. Sovereign Rights over Natural Resources and
Responsibility not to cause environmental damage.
2. Principle of Preventive Action
3. Principle of Co-operation
4. Principle of Sustainable Development
5. Precautionary Principle
6. Polluter-Pays Principle
7. Principle of Common but Differentiated Responsibility
Constitutional Mandate
1. Preamble
2. National Territory-Article I
3. Declaration of Principles and State Policies Article II
a. Section 15 Right to Health
b. Section 22 - Rights of Indigenous Cultural
Communities
c. Section 25 Autonomy of Local Governments
d. Sec 16, Article II 1987 Constitution
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.
NOTE: As a general rule, provisions under
Article II are non-self-executing. But a
provision that is complete in itself, and
provides sufficient rules for the exercise of
rights, is self-executing. Thus, certain
provision in Article II are self-executing, one
of which is provided in Section 16, Article II
The state shall protect and advance the
10.
Spouses PALOMO v. Court of Appeals (G.R.
No. 95608 / January 21, 1997) Romero, J.
The Court was presented with the issue as to
whether or not petitioners are the owners of 15 parcels
of land in Tiwi, Albay which form part of the Tiwi Hot
Spring National Park. They claim that their
predecessors in interest have been in open, adverse
and continuous possession of the subject lands for 2050 years prior to their registration in 1916-1917 and
that the reservation of the lands for provincial
purposes in 1913 by then Governor-General Forbes
was tantamount to deprivation of private property
without due process of law. In rejecting their claim, the
12.
Greater Metropolitan Manila v. JANCOM
Environmental Corporation (G.R. No. 161970,
June 30, 2006)
In 1994, Presidential Memorandum Order No.
202 was issued by then President Fidel V. Ramos
creating an Executive Committee to oversee and
develop waste-toenergy projects for the waste disposal
sites in San Mateo, Rizal and Carmona, Cavite under
the Built Operate-Transfer (BOT) scheme. Respondent
Jancom International was one of the bidders for the
San Mateo Waste Disposal Site subsequently enter into
a partnership with Asea Brown Bover i under the firm
name JANCOM Environmental Corporation (JANCOM),
its co-respondent.
Ruling:
The Supreme Court held that any and all such
bids or contracts entered into by respondent MMDA
with third parties covering the waste disposal and
management within the Metro Manila after August 14,
2000 are null and void consistent with the Supreme
Courts Decision of January 30, 2002. The MMDA
cannot bind the 17 local government units without
their consent since it has only coordinating powers
under the Constitution.
13.
JOYA v. PCGG (G.R. No. 96541, August 24,
1993) Bellosillo, J.
In this case, the Chairman of PCGG wrote to
President Aquino requesting authority to sign the
proposed consignment agreement concerning the
auction sale of master painting and silverwares alleged
to be part of the ill-gotten wealth of Former President
Marcos. President Aquino signed the said agreement.
In upholding the Presidents action, the Supreme
Court said that under the law, it is the Director of
Museum who is authorized to undertake the inventory,
registration, designation or classification, with the aid
of experts, of important cultural properties and
3.
5. Pre-Trial
Notice of pre-trial.
Within two (2) days from the filing of the answer to
the counterclaim or cross-claim, if any, the branch
clerk of court shall issue a notice of the pre-trial to
be held not later than one (1) month from the filing
of the last pleading. The court shall schedule the
pre-trial and set as many pre-trial conferences as
may be necessary within a period of two (2) months
counted from the date of the first pre-trial
conference.
6. Trial
The judge shall conduct continuous trial which shall
not exceed two (2) months from the date of the
issuance of the pre-trial order. Before the expiration
of the two month period, the judge may ask the
Supreme Court for the extension of the trial period
for justifiable cause.
7. Judgment and Execution
4. Dissolution of TEPO
The grounds for motion to dissolve a TEPO shall
be supported by affidavits of the party or person
enjoined which the applicant may oppose, also by
affidavits. The TEPO may be dissolved if it appears
after hearing that its issuance or continuance would
cause irreparable damage to the party or person
1.
2.
3.
4.
5.
(TEPO)
3. Trial
The court shall endeavor to conduct continuous
trial which shall not exceed three (3) months from
the date of the issuance of the pre-trial order.
E. Criminal Procedure
1. Parties
Any offended party, peace officer or any public
officer charged with the enforcement of an
environmental law may file a complaint before the
proper officer in accordance with the Rules of Court.
2. Provisional Remedies
a. Attachments under Rule 127 of Rules of
Court
The provisional remedy of attachment under
Rule 127 of the Rules of Court may be
availed of inenvironmental cases.
b. Environmental Protection Oder (EPO)
The procedure for and issuance of EPO and
TEPO shall be governed by Rule 2 of these
Rules.
c. Temporary Environmental Protection Order
F. Evidence
1. Applicability of Precautionary Principles
When there is a lack of full scientific certainty in
establishing a causal link between human activity