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Marine and aquatic sources law

There are 6 laws under this classification


1. PD 979 "The marine pollution decree of 1976"
2. PD 1067 "Water Code of the Philippines"
3. RA4850 "Laguna lake development authority
act"
4. RA 8550 "Philippine Fisheries Code of 1958"
5. RA 9275 "Philippine Clean Water Act of 2004"
6. RA 9483 "Oil Compensation Act of 2007"

III. Non-governmental and peoples organization


IV. Indigenous cultural communities
V. indigenous justice system
VI. various government agencies
VII.
environmental entities created by law and
the local government units
VIII.
Citizen's suit on cases
IX. Philippine environmental impact statement
system

Aerial law

I.

1. RA 8749 - "Philippine Clean Air Act of 1999"


Under the Rules of Procedure also, the
Supreme Court enumerated other laws on
environment

II.

1. PD 856 - Code on Sanitation of the


Philippines
2. RA 6969 - Toxic Substances and hazardous
and Nuclear Waste Control act of 1990
3. RA 8371 - Indigenous Peoples Rights Act
(IPRA)
4. RA 9003 - Ecological Solid Waste
Management act of 2000
5. RA 9729 - Philippine Climate Change act of
2000

III.

We also have other supplemental laws in


relation to other laws we have enumerated
1. Civil Code of the Philippines
chapter on human relations
abatement of nuisance
easements
torts and quasi delicts
These are supplemental laws kasi there is
violation of the right to environment. Person
may file action for damages. So the basis for
the action for damages would be the Civil Code
under Human relations, violation of rights thru
negligence, or act constitutes a nuisance etc.

Chapter 7 and 8
Enforcement of environmental laws -what
agencies are tasked to enforce the various
laws? (PNP, DENR, DOTC, DOH, Philippine
Coast guard, etc.
Procedure for the law enforcement
(search and seizure, custody and disposition
of seized items, arrest, and environmental
ombudsman)
Prosecution - role of the public prosecutors,
duties, prescription of criminal action,
prescriptive period of offenses, different
stages of the prosecution (inquest,
preliminary investigation, determination of
probable cause, evaluation of evidence,
institution of criminal action)

Chapter 9
Court proceedings and environmental cases
Rules of procedure for environmental cases
Remedies from quasi-judicial bodies
Institution of proceedings in quasi-judicial bodies
or filing of cases with the courts
V. civil procedure for damages, injunction,
mandamus
VI. citizen's suit
I.
II.
III.
IV.

VII. criminal procedure


Chapter 10
*Special remedies:
a)
SLAP - Strategic Law suit Against
Public Participation
b)
Writ of Kalikasan
c)
Writ of continuing mandamus
d)
Environmental protection order
e)
Preliminary injunction

Syllabus
Chapter 6
I. Stake holders in the environmental protection:
Who and what are these stake holders?
II. Role, rights, and duties of citizens, private
enterprise, and corporations

Even prior to the 1987 Constitution, PD 1151 of


the Philippine Environmental Policy of 1977
declares the following as the continuing policy
of the State:

1. To create, develop, maintain, and improve


conditions under which man and nature can
thrive in productive and enjoyable harmony with
each other

natural resources management


conservation and waste management

2. To fulfill the social economic and other


requirements of present and future generations
of Filipinos

Philippine environmental laws seek to address a


wide range of environmental concern such as
forest degradation, loss of biodiversity, water
pollution, air pollution, and hazardous waste
management among others

3. To ensure the attainment of an environmental


quality that is conducive to a life of dignity
hence, well being

The Rules of Procedure for Environmental cases


enumerated the 4 groups of laws (Terrestrial,
Marine and Aquatic, Aerial, and Others Rules"

PD 1151 recognized that the environment is a


matter of government responsibility aims to
launch
a
comprehensive
program
of
environmental protection and management so
the law covers the following areas of concern:

1. Terrestrial

Air quality management


water management
land used management

Act 3572
- Law which was passed prohibiting the cutting,
towards the preservation, the following types of
trees: Tindalo, Akle, Molave trees. It's a fast
disappearing na during the Spanish Era. Law
criminalizes the act of cutting down these trees

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