Natres Reviewer

NATRES REVIEWER Philippine Mining Act of 1995 (R.A. No. 7942) 

Ownership of Mineral Resources o Section 2, Article XII of the 1987 Constitution: “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 may directly undertake such activities, or it may enter into coproduction, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. 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. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. o Regalian Doctrine (jura regalia)





 





All lands not appearing to be clearly of private dominion presumptively belong to the State.  Extends not only to land but also to all natural wealth that may be found in the bowels of the earth. Rationale behind the nationalization of natural resources which characterizes the 1935, 1973 and 1987 Constitution. o The nationalization of the natural resources is intended to:  Insure their conservation for Filipino posterity  Serve as an instrument of national defense, helping prevent the extension to the country of foreign control through peaceful economic penetration  Avoid making the Philippines a source of international conflicts which the consequent danger to its internal security and independence. Status of license, concession or lease granted by the government under the 1973 Constitution Full control and supervision by the State in the exploration, development and utilization of our country’s natural resources o EDU may be undertaken by:  Means of direct act of the State; or  The state may enter into co-production, joint venture or productionsharing agreements; or  The state may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale EDU of minerals  The congress may, by law, allow small-scale utilization of natural resources by Filipino citizens. o Geared towards 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. Rights of a locator to be a perfected mining claim o A mining claim perfected under the law is property in the highest sense, which may be sold and conveyed and will pass by descent. o Discovery of minerals in the ground by one who has a valid mineral location, perfects his claim and his location, not only to third persons but also against the government. Mere recording of a mining claim without performing annual work obligation o Does not convert land into mineral land, it merely segregates the located land or area from the public domain.





 



o If no minerals are extracted therefrom, notwithstanding the recording of the claim, the land is not mineral land and registration thereof is not precluded by such recorded claim. Extraction or utilization of mineral resources found underneath a parcel of land registered in the name of a private individual o His ownership of such land does not give him the right to extract or utilize the said minerals without the permission of the State. o The land is thus converted to mineral land and may not be used by any private party, including the registered owner thereof, for any other purpose that will impede the mining operations to be undertaken therein. Abandonment of mining claim o 2 elements:  Intent to abandon a right or claim  The external act by which that intention is expressed and carried into effect. o There must be an actual relinquishment of a claim or right Mines and Geosciences Bureau – jurisdiction and quasi-judicial powers (p.156) Doctrine of Primary Jurisdiction o Apply in matters that demand the special competence of administrative agencies. o If the case is such that its determination requires the expertise of the proper admin bodies because technical matters are involved, then relief must first be obtained in an admin proceeding before by the courts. Exploration Permit o Grants the right to conduct exploration for all minerals in specified areas. o Work program  An exploration permit holder may file a declaration of mining project feasibility accompanied by a work program for development.  Submission of a work program will enable the government to scrutinize and approve or reject such expenditures. o Maximum area  Onshore, in any one province  For individuals, 20 blocks  For partnerships, corporations, cooperatives, or associations, 400 blocks  Onshore, in the entire Philippines  For individuals, 40 blocks  For partnerships, corporations, cooperatives, or associations, 400 blocks  Offshore, beyond 500 meters from the meal low tide level

 





 

For individuals, 100 blocks For partnerships, corporations, cooperatives, or associations, 1000 blocks

o Transfer  May be transferred or assigned to a qualified person subject to the approval of the Secretary upon the recommendation of the Director. o Rights and obligations of the permittee  Right to enter, occupy and explore the area.  Permittee shall undertake an exploration work on the area as specified by its permit based on an approved work program. o Revocation of permit  Revocable when demanded by the police power. Mineral Agreements o Registration  Upon approval of the mineral agreement by the Secretary, the same shall be forwarded to the Bureau for numbering.  Registration is effected only upon payment of the required fees. o Issuance of permit assignment or transfer FTAA as discussed in the La Bugal B’laan case o Initial decision: utilization of inalienable lands of the public domain through license, concession or lease is no longer allowed under the 1987 Constitution.  FTAAs are service contracts prohibited by the 1987 Constitution. o Resolution on MR: the State may secure the help of foreign companies, especially financial and technical assistance, provided that the State maintains its rights of full control.  EDU must always be subject to the full control and supervision of the State. However, given the inadequacy of Filipino capital and technology in large-scale EDU activities, the State may secure the help of foreign companies provided that at all times the State maintains its right of full control.  The phrase “agreements involving either technical or financial assistance” are service contracts but unlike those of the 1973 variety, the new ones are between foreign corporations acting as contractors and the government as principal or owners of the works.  Full control and supervision cannot be taken literally because the foreign corporation has a reasonable degree of management. Government need not micromanage mining operations and day-to-day affairs of the enterprise. Mines Adjudication Board (MAB) and adjudication of mining cases Illegal mining o Arrest

o Confiscation and seizure

Philippine Clean Air Act (R.A. No. 8749) 







Air Pollution – any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes; Air Pollutant – any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment o Examples: smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radioactive substances. Certificate of Conformity (COC) from DENR – a certificate issued by the DENR to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations. Sources o Stationary Sources – any building or immobile structure, facility or installation which emits or may emit any air pollutant.  Ban on incinerations (p. 410)  Incineration – burning of municipal, bio-medical and hazardous wastes, which process emits poisonous and toxic fumes  Incineration is prohibited but “siga” is not o Motor vehicles – any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or transportation of property or goods in a public highway or street open to public use.  DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in the Act.  Henares v. LTFRB (p, 411)  Mandamus does not lie to compel public utility vehicles to use compressed natural gas as alternative fuel in the absence of specific law on the matter. o The legislature should provide first the specific statutory remedy to the complex environmental problems bared by petitioners before any judicial recourse by mandamus is taken.





The function of the DOTC is limited to implementing the emission standards set forth in the Act, and the said law only goes as far as setting the maximum limit for the emission of vehicles, but it does not recognize CNG as alternative engine fuel.’  Ortigas & Co., Limited Partnership v Feati Bank and Trust Co. (p.413)  Issue: Whether or not Resolution No. 27, series of 1960 of the Municipal council of Mandaluyong, declaring Lots Nos. 5 and 6, as part of the commercial and industrial zone, prevails over the deed restrictions imposed by plaintiff-appellant in the deed of sale that the lots in question shall be used by the buyer exclusively for residential purposes.  Yes. City zoning ordinance to safeguard the health of the people from noise and pollution is a valid exercise of police power. o Other sources: Smoking, other mobile sources o Other pollutants: Ozone depleting substances, greenhouse gases, radioactive emissions. Institutional Mechanism o Lead agency: DENR o Role of the LGUs  LGus shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction.  Technology Developers, Inc v. CA (p. 416)  While it is true that the matter of determining whether there is a pollution of the environment that requires control if not prohibition of the operation of a business is essentially addressed to the then National Pollution Control Commission, now Pollution Adjudication Board, the mayor of a town has as much responsibility to protect its inhabitants from pollution, and by virtue of his police power, 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 residents of the community from the emissions in the operation of the business. o Pollution and Adjudication Board (PAB) (p. 418)  PAB shall have the sole and exclusive jurisdiction over all cases of air pollution and all matters related thereto, including the imposition of administrative sanctions, except as may be provided by law.  AC Enterprises, Inc. v, Frabelle Properties Corporation, Inc.  Issue: Who was jurisdiction over an action for abatement of noise and/or air pollution and damages with a plea for injunctive relief



emanating from the air-cooled type air conditioning units from a 29-storey commercial/residential condominium?  The Sangguaning Bayan cannot declare a particular thing as a nuisance per se and order its condemnation. While the PAB has no primary jurisdiction over the noise complained of by the respondent.  Action for abatement of a private nuisance lies with the courts, neither with the PAB nor with the sangguniang bayan. Fines and Penalties (p.422)  Violation of standards for stationary sources.  Fine of not more than P100,000 for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.  This shall be increased by at least 10% for every 3 years to compensate for inflation and to maintain the deterrent function of such fines.  Closure, suspension and development, construction, or operations of the stationary sources until such time that proper environmental safeguard are put in place.  An establishment found liable for a 3rd offense shall suffer permanent closure immediately. o Violation of standards of motor vehicles  Any vehicle suspected of violation of emission standards through visual signs shall be subjected to an emission test by a duly authorized emission testing center.  If it resulted to an exceedance of the emission standards o Continuing custody of the impounded vehicle unless the appropriate penalties are fully paid o License plate is surrendered to the DOTC until the fulfillment of the necessary undertaking by the owner/operator of the vehicle. o Seminar for the driver and operator on pollution control and management conducted by the DOTC o Penalties:  1st offense – fine not to exceed P2,000  2nd offense – fine not less than P2,000 and not to exceed P4,000  3rd offense – 1-year suspension of the registration and a fine not less than P4,000 and not more than P6,000





Any violation of the provisions of Section 21(d) with regard to national inspection and maintenance program shall be penalized a fine of not less than P30,000 or cancellation of license of both the technician and the center as determined by the DTI. o Violation of other provisions  Fine not less than P10,000 and not more than P100,000; or  6 months to 6 years imprisonment; or both  If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty o Gross violations  PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators.  Gross violation  3 or more specific offenses within 1 year  3 or more specific offenses within 3 consecutive years  Blatant disregard of the orders of the PAB  Caused irreparable or grave damage to the environment  Imprisonment of not less than 6 years but not more than 1- years at the discretion of the court. Additional Cases: o Republic v. N. Dela Merced & Sons, Inc. o Victoria Segovia, et. al., v. The Climate Change Commission o Oposa vs. Factoran  The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment.  It is the clear duty of the DENR to advance the said right

Philippine Clean Water Act (RA No. 9275) 

 

National Water Resources Board (NWRB) o Coordinates with the DENR in designating certain areas as water quality management areas using appropriate physiographic units Water Pollution – any alteration of the physical, chemical or biological or radiological properties of a water body resulting in the impairment of its purity or quality. Wastewater – waste in liquid state continuing pollutants. o Wastewater charge system  Collection of wastewater charges/fees.





 The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies.  Wastewater charges shall be established taking into consideration the following:  (a) To provide strong economic inducement for polluters to modify their production or management processes or to invest in pollution control technology in order to reduce the amount of water pollutants generated;  (b) To cover the cost of administering water quality management or improvement programs;  (c) Reflect damages caused by water pollution on the surrounding environment, including the cost of rehabilitation;  (d) Type of pollutant;  (e) Classification of the receiving water body; and  (f) Other special attributes of the water body. Clean-Up Operations o Writ of Continuing Mandamus  MMDA v Concerned Residents of Manila Bay  The cleanup and/or restoration of the Manila Bay is only an aspect and the initial stage of the long-term solution. The preservation of water quality of the bay after the rehabilitation process is as important as the cleaning phase.  The Court may issue a writ of continuing mandamus with the end in view of ensuring that its decision would not be set to naught by administrative inaction or indifference. Prohibited acts under R.A. 9275 o a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body; o b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short-term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater; o c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein;



o d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril; o e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No. 9003; o f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No. 6969; o g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969, into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water; o h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree No. 1586 and its implementing rules and regulations; o i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of any condition therein; o j) Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned; o k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; o l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act; o m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act; o n) Refusal or failure to designate pollution control officers whenever required by the Department in accordance with this Act; and o o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality. Laguna Lake Development Authority (LLDA) o Special Powers and Functions  To make a comprehensive survey of the physical and natural resources and potentialities of the Laguna Lake region and on the basis thereof, to draft a comprehensive and detailed plan designed to conserve and utilize optimally the resources within the region.  To provide the machinery of extending the necessary planning, management and technical assistance to prospective and existing investors in the region.









  







To make recommendation to the proper agencies on the peso or dollar financing, technical support, physical assistance and, generally, the level of priority to be accorded agricultural, industrial and commercial projects, soliciting or requiring direct help from or through the government or any of its instrumentalities To pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices/agencies within the region, public corporations, and private persons or enterprises where such plans, programs and/or projects are related to those of the Authority for the development of the region as envisioned in this Act. To engage in agriculture, industry, commerce, or other activities within the region which may be necessary or directly contributory to the socioeconomic development of the region, and, for this purpose, whether by itself or in cooperation with private persons or entities. To plan, program finance and/or undertake infrastructure projects such as river, flood and tidal control works, waste water and sewerage works, water supply, roads, portworks, irrigation, housing and related works, when so required within the context of its development plans and programs including the readjustment, relocation, or settlement by population within the region as may be deemed necessary and beneficial by the Authority To make an annual report to the stockholders To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects and/or acquire such bodies of land from the lake To require the cities and municipalities embraced within the region to pass appropriate zoning ordinances and other regulatory measures necessary to carry out the objectives of the Authority and enforce the same with the assistance of the Authority To act in coordination with existing government agencies in establishing water quality standards for industrial, agricultural and municipal waste discharges into the lake To develop water supply from ground and/or lake water resources for municipal, agricultural and industrial usages, in coordination with the National Water Resources Council Undertake studies on the improvement and maintenance of the desirable take water quality of Laguna de Bay

Ecological Solid Waste Management Act (RA No. 9003)  

Ecological solid waste management (as defined under the Act) • Role of the LGU in solid waste management

Creation of a City or Municipal Solid Waste Management Board

• Segregation of Wastes

• Collection and Transport of Solid Waste

• Recycling Program

• Waste Management Facility

Prohibition against the use of open dumps or solid wastes

• Requirement of prior consultation with affected communities

• Sanitary landfill

• Prohibited acts; Fines and Penalties