ENVI LAW

Sec 16 Art 2 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.
Opposa v Factoran
o Timber licensing agreement
o Minors
o Virgin tropical

Cause of action Sec 16, Art 2

Political - Section 1 of Article 8 expanded jurisdiction of court to allow to rule upon even on
the wisdom of the decision of the Executive and Legislature and to declare their acts as invalid
for lack or excess of jurisdiction because it is tainted with grave abuse of discretion.

Impairment contracts - Non impairment clause cannot be invoked; such right is limited by the
exercise by the police power of the State, in the interest of public health, safety, moral and
general welfare. In short, the non-impairment clause must yield to the police power of the
State.
MMDA v Concerned Residents
o Water quality of the Manila Bay had fallen way below the allowable standards set by law
o Pettioners violated several laws = ordered to clean the Manila Bay

WON cleaning is ministerial act? YES.

MMDA does not have the discretion on whether or not to alleviate the problem of solid and
liquid waste disposal; in other words, it is the MMDAs ministerial duty to attend to such
services. MMDA's obligation to perform their duties as defined by law, on one hand, and how
they are to carry out such duties, on the other, are two different concepts. While the
implementation of the MMDAs mandated tasks may entail a decision-making process, the
enforcement of the law or the very act of doing what the law exacts to be done is ministerial in
nature and may be compelled by mandamus.

MWSS is directed to install, operate and maintain adequate [sewerage] treatment facilities in
strategic places under its jurisdiction and increase their capacities.

LWUA, to see to it that the water districts under its wings, provide, construct and operate
sewage facilities for the proper disposal of waste.

DENR, which is the lead agency in cleaning up Manila Bay, to install, operate and maintain
waste facilities to rid the bay of toxic and hazardous substances.

PPA, to prevent and also to treat the discharge not only of ship-generated wastes but also of
other solid and liquid wastes from docking vessels that contribute to the pollution of the bay.

MMDA, to establish, operate and maintain an adequate and appropriate sanitary landfill and/or
adequate solid waste and liquid disposal as well as other alternative garbage disposal system
such as re-use or recycling of wastes.

DA, through the Bureau of Fisheries and Aquatic Resources, to revitalize the marine life in
Manila Bay and restock its waters with indigenous fish and other aquatic animals.

DBM, to provide and set aside an adequate budget solely for the purpose of cleaning up and
rehabilitation of Manila Bay.

DPWH, to remove and demolish structures and other nuisances that obstruct the free flow of
waters to the bay. These nuisances discharge solid and liquid wastes which eventually end up
in Manila Bay. As the construction and engineering arm of the government, DPWH is ordered
to actively participate in removing debris, such as carcass of sunken vessels, and other nonbiodegradable garbage in the bay.

DOH, to closely supervise and monitor the operations of septic and sludge companies and
require them to have proper facilities for the treatment and disposal of fecal sludge and sewage
coming from septic tanks.

DECS, to inculcate in the minds and hearts of the people through education the importance of
preserving and protecting the environment.

Philippine Coast Guard and the PNP Maritime Group, to protect at all costs the Manila Bay
from all forms of illegal fishing.
Manila Prince Hotel
o Manila Prince Hotel v Malaysian Firm = manila hotel

WON MPC should be granted

Yes

Sec 10 Art 12 PH first policy

Natural patrimony

Qualified Filipinos > foreigners

Cultural heritage
Agencies related to Envt law
o DENR Department of Environment and Natural Resources

Conservation, management, devt, and proper use of environment and natural resources

Licensing and regulation

Ensure equitable sharing of benefits for the welfare of present and future generation of PH

MMDA Metro Manila Devt Authority

Performs planning, monitoring and coordinative functions, and in the process exercise
regulatory and supervisory authority over the delivery of metro-wide services within Metro
Manila without diminution of the autonomy of the local government units concerning purely
local matters.
o Phil Port Authority

Charged with the financing, management and operations of public ports throughout the
archipelago.
o MWSS Metropolitan Waterworks and Sewerage System

Proper operation and maintenance of waterworks system to ensure an uninterrupted and

adequate supply and distribution of potable water for domestic and other purposes and the
proper operation and maintenance of sewerage systems in its service area which includes the
whole of Metro Manila and parts of Cavite and Rizal.
o Coast guard

Protect marine environment from destruction, degradation and depletion by natural or man
made causes. In protecting the country's marine environment, the Philippine Coast Guard
undertakes a number of initiatives to prevent, control and mitigate the effects of oil spills and
other types of marine pollution to the marine environment.
o LWUA Local Water Utilities Administration)

LWUA -> NWRB (National Water Resource Board)

Lead government agency for the water sector in the Philippines, regarding water resources and
potable water;

Ensuring the optimum exploitation, utilization, development, conservation and protection of the
country's water resource, consistent with the principles of "Integrated Water Resource
Management". The NWRB Board is composed of five cabinet secretaries, plus a representative
from academia and the NWRB's executive director; the board is chaired by the Secretary of
Environment and Natural Resources.
o PNP Philippine National Police

promote peace and order, ensure public safety and further strengthen local government
capability aimed towards the effective delivery of the basic services to the citizenry through the
establishment of a highly efficient and competent police force that is national in scope and
civilian in character.
o Phivolcs Philippine Institute of Volcanology and Seismology

Service institute of the Department of Science and Technology (DOST) that is principally
mandated to mitigate disasters that may arise from volcanic eruptions, earthquakes, tsunami
and other related geotectonic phenomena.
o PAGASA Philippine Atmospheric, Geophysical and Astronomical Services Administration

(Filipino: Pangasiwaan ng Palingkurang Atmosperiko, Heopisikal at Astronomiko ng Pilipinas,

abbreviated as PAGASA, which means "hope" in the Tagalog word pag-asa) is a Philippine
national institution dedicated to provide flood and typhoon warnings, public weather forecasts
and advisories, meteorological, astronomical, climatological, and other specialized information
and services primarily for the protection of life and property and in support of economic,
productivity and sustainable development.
What is DENR Department of Environment and Natural Resources
o Conservation, management, devt, and proper use of environment and natural resources
o Licensing and regulation
o Ensure equitable sharing of benefits for the welfare of present and future generation of PH
Different bureaus of DENR + describe
o Forest Management

Forest development and conservation

o Land Management

Rational classification management and disposition

o Mines and Geo-sciences

Geology and mineral resources exploration development and conservation

o Environmental Management

Environmental management, conservation and pollution control

o Ecosystem research and devt

Sustainable use of PH ecosystem and natural resources

o Protected areas and wildlife

Preservation of biological diversity, genetic resources, and endangered PH flora and flauna
Where is PAWB (biodiversity manegement bureau) located? Ninoy Aquino Park
o Establishing and Managing Protected Areas
o Conserving Wildlife
o Promoting and Institutionalizing Ecotourism
o Managing Coastal Biodiversity and Wetlands Ecosystems
o Conserving Caves and Cave Resources
o Information and Education on Biodiversity and Nature Conservation
o

o
o

Managing Ninoy Aquino Parks and Wildlife Center and the Hinulugang Taktak National Park
Negotiating biodiversity-related Multilateral Environmental Agreements and Monitoring National
Implementation

Location: DENR, Ninoy Aquino Parks and Wildlife Center, Diliman, 1100 QC