The document discusses constitutional provisions and Philippine laws related to the environment. It outlines key principles from the 1987 Philippine Constitution, including the right to a balanced and healthful ecology. It also summarizes several important environmental laws such as the Philippine Environmental Policy, the Environmental Impact Statement System, and the Indigenous Peoples Rights Act. The document emphasizes that under the Constitution the State has a duty to protect and develop natural resources for current and future generations.

1. Constitutional
Provisions on
ENVIRONMENTAL LAWS

2. Outline
1.
History of
Environmental
Laws in the
Philippines
2.
Constitutional
Provisions on
Environment and
Natural Resources
2

3. 1.
History of
Philippine Environmental Laws
3

4. “
On June 6, 1977, Former President
Ferdinand Marcos issued Presidential
Decree No. 1151 entitled “Philippine
Environmental Policy”.
4

5. “
It is based on the Philippine Constitution’s mandate to
protect and advance the right of the people to a
balanced and healthful ecology in accord with the
rhythm and harmony of nature.
5
This right to a balanced and healthful ecology is
tempered by the Constitution’s mandate for the State
to develop its patrimony and to promote
industrialization and full employment through
industries that make full and efficient use of natural
resources.

6. Environmental Impact System
the detailed statement that agencies and
instrumentalities of the national government,
including government-owned and controlled
corporations, as well as private corporations, firms,
and entities, are mandated to prepare, file, and
include in every action, project, or undertaking
which significantly affects the quality of the
environment.
6

7. Such EIS shall specifically provide the details on:
7
i. An environmental impact of the proposed action, project, or
undertaking;
ii. Any adverse environmental effect which cannot be avoided
should the proposal be implemented;
iii. Alternative to the proposed action;
iv. A determination that the short-term uses of the resources of the
environment are consistent with the maintenance and
enhancement of the long-term productivity of the same; and
v. Whenever a proposal involves the use of depletable or non-
renewable resources, a finding must be made that such use and
commitment are warranted.

8. The Philippine Environment Code
Presidential Decree No. 1152 was also signed by then-President
Marcos on the same day PD No. 1151 was signed. It principally
aimed at:
i. achieving and maintaining such levels of air quality as to
protect public health; and
ii. preventing to the greatest extent practicable, injury and/or
damage to plant and animal life and property, and
promoting the social and economic development of the
country.
8

9. Presidential Decree No. 1586 S. June 11, 1977
“Environmental Impact Statement System”
Under this law, the
President may, by
proclamation, declare
certain projects,
undertakings, or areas
in the country as
environmentally
critical.
It also provides that “no
person, partnership or
corporation shall undertake
or operate any such
declared environmentally
critical project or area
without first securing an
Environmental Compliance
Certificate (ECC) issued by
the President or his duly
authorized representative.
9
ECC certifies that the
projects will not cause
significant adverse
impacts on the
environment. It contains
also the specific measures
and conditions to be
complied with before and
during the operations of
the project and even
conditions to be
performed during the
project’s abandonment
phase to reduce potential
environmental impact.

10. A document issued by the DENR – Environmental Management Bureau
that allows an environmentally critical project (ECP) – a project which
poses a potential environmental risk or a significant impact on the
environment such as agriculture, construction, or mining projects or a
project located in an environmentally critical area (ECA) – an area or
areas that are ecologically, socially or geologically sensitive such as
mangroves, coral reefs and municipal waters – to proceed to the next stage
of project planning which involves securing approvals from other
government agencies and concerned LGUs before its implementation can
commence.
10
Environmental Compliance Certificate

11. Proclamation No. 2146
Issued on December 14, 1981 proclaiming certain areas and types of projects as environmentally
critical and within the scope of the Environmental Impact, Statement System established under PD
No. 1586.
11
ENVIRONMENTALLY CRITICAL PROJECTS
i. Heavy Industries and petro-chemical industries including
oil and gas, smelting plants;
ii. Resource Extractive Industries (major mining and
quarrying projects, forest projects, fishery projects);
iii. Infrastructure Projects (major dams, power plants,
reclamation projects, and roads and bridges)

12. 12
ENVIRONMENTALLY CRITICAL AREAS
i. All areas declared by law as national parks, watershed reserves, wildlife preserves, and
sanctuaries;
ii. Areas set aside as aesthetic potential tourist spots;
iii. Areas constitute the habitat for any endangered or threatened species of indigenous
Philippine wildlife (flora and fauna);
iv. Areas of unique historic, archaeological or scientific interests;
v. Areas that are traditionally occupied by cultural communities or tribes;
vi. Water bodies characterized by one or any combination of the following conditions; (a)
tapped for domestic purposes, (b) within the controlled and protected areas declared by
appropriate authorities, and (c) which support wildlife and fishery activities.
vii. Mangrove areas;
viii.Coral reefs; and
ix. Other areas declared as such.

13. CONSTITUTIONAL
PROVISIONS
on Environment and Natural Resources
13

14. “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.”
Section 16, Article II of 1987 Philippine Constitution
14

15. Concerned Residents of Manila Bay
filed a complaint before the Regional
Trial Court against several government
agencies including the Petitioner
MMDA for the cleanup, rehabilitation,
and protection of Manila Bay. Alleging
that; (i) the water quality of the bay had
fallen away from the standards under
PD 1152, and (ii) the government
agencies concerned neglected in
addressing the pollution in violation of
the Water Code.
Concerned Residents of Manila Bay vs. MMDA
GR 171947-98, Dec. 18, 2008
Government agencies concerned argued that the
pertinent provisions of PD 1152 relate only to the
cleaning of specific pollution incidents and do
not cover cleaning in general. And apart from
raising concerns about the lack of funds
appropriated for cleaning purposes, Petitioners
also asserted that cleaning Manila Bay is a not
ministerial act, which can be compelled by
mandamus.
15

16. The Cleaning
or
Rehabilitatio
n of Manila
Bay Can be
Compelled by
Mandamus.
Whether or
not petitioners
can be
compelled by
mandamus to
clean up and
rehabilitate
Manila Bay.
16
A perusal of government agencies’
respective charters or enabling
statutes and pertinent laws would
yield this conclusion: these
government agencies are enjoined, as
a matter of statutory obligation, to
perform certain functions relating
directly or indirectly to the cleanup,
rehabilitation, protection, and
preservation of the Manila Bay. They
are precluded from choosing not to
perform these duties.

17. “The right to a balanced and healthful ecology need not even be written in
the Constitution for it is assumed, like other civil and political rights
guaranteed in the Bill of Rights, to exist from the inception of mankind and
it is an issue of transcendental importance with intergenerational
implications.”
Concerned Residents of Manila Bay vs. MMDA, GR 171947-98,
Dec. 18, 2008

18. OPOSA v.
FACTORAN (296
Phil. 694, G.R. No.
101083, July 30, 1993)
A case was filed by minors
against the Secretary of the
Department of
Environment and Natural
Resources (DENR),
Secretary Factoran, to
mandate the latter to cancel
all existing timber license
agreements and to stop
their further issuance.
18

19. Other Relevant Environmental Provisions Of The 1987
Philippine Constitutions
The 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.”
19

20. The National Territory under Article of I of the 1987
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.”
20

21. Declaration of Principles and State Policies under
Article II
“Section 15. The State shall protect and
promote the right to health of the people
and instill health consciousness among
them.”
“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.”
21
REPUBLIC ACT NO. 9512 “National
Environmental Awareness and Education Act
of 2008“ AN ACT TO PROMOTE
ENVIRONMENTAL AWARENESS
THROUGH ENVIRONMENTAL
EDUCATION AND FOR OTHER
PURPOSES. – every November of the year is
considered an Environment Awareness
Month throughout the Philippines.

22. Bill of Rights under Article III
22
Substantive Due Process
which requires the intrinsic
validity of the law in
interfering with the rights of
the person to his life, liberty,
or property;
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.”
Procedural Due Process,
which consists of the two
basic rights of notice and
hearing, as well as the
guarantee of being heard by
an impartial and competent
tribunal
Two Branches Of Due Process

23. 23
“Section 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 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.
Section 3. (1) The privacy of
communication and correspondence
shall be inviolable except upon lawful
order of the court, or when public
safety or order requires otherwise, as
prescribed by law.
(2) Any evidence obtained in violation
of this or the preceding section shall be
inadmissible for any purpose in any
proceeding.”
Right to Privacy

24. Search and Seizure
24
A search warrant is an
order in writing, issued in
the name of the People of
the Philippine Islands,
signed by a judge or a
justice of the peace, and
directed to a peace officer,
commanding him to search
for personal property and
bring it before the court.
[Alvarez vs. Court of First
Instance of Tayabas, G.R. No.
45358, 29 January 1937]
Requisites of a Valid Search Warrant
i. There must be probable cause;
ii. The probable cause must be determined
personally by a judge;
iii. It must be issued after examination, under oath
or affirmation, of the complainant and the
witnesses he may produce; and
iv. The warrant must particularly describe the
place to be searched and the persons or things
to be seized

25. 1. There is a valid waiver of the right;
2. The search is incidental to a valid arrest;
3. The prohibited articles are in plain view;
4. Stop and frisk situations or pursuant to a Terry Search;
5. Search of moving vehicles;
6. Enforcement of immigration and customs law; and
7. Search under exigent and emergency measures.
VALID WARRANTLESS SEARCH
25

26. VALID WARRANTLESS SEARCH
26
When are checkpoints allowed?
(Routinary check and visual search is not violative of an individual’s right against
unreasonable search.)
Is it required that the property to be searched is owned by the person against whom the
search is directed?
(It is sufficient that the same is under his control and possession.)
Should the address in the search warrant match the actual place to be searched?
(The address in the search must be the actual search to be searched.)
Is Mall checkpoints not a violation of right?
(Private search is not covered by the constitutional guarantee because of the absence of
governmental interference.)

27. National Economy and Patrimony under Article XII (Efficient use of resources)
27
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 under-privileged.
The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human
and natural resources, and which are competitive in both domestic and foreign markets. However,
the State shall protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall
be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to broaden the base of their ownership.

28. State ownership of Natural Resources
(Section 2, Article XII National Economy and
Patrimony
Land of Public Domain
All lands that were not acquired from the Government, either by purchase
or by grant, belong to the public domain. An exception to the rule would be
any land that should have been in the possession of an occupant and of his
predecessors in interest since time immemorial for such possession would
justify the presumption that the land had never been part of the public domain
or that it had been a private property even before the Spanish conquest (Oh Cho
vs. Director of Lands, 75 Phil., 890, citing Cariño vs. Insular Government, 212 U.S.
449, 53 L. ed. 394).
28

29. 29
Under the Regalian doctrine, which is embodied in our Constitution,
all lands of the public domain belong to the State, which is the source
of any asserted right to any ownership of land. All lands not
appearing to be clearly within private ownership are presumed to
belong to the State. Accordingly, public lands not shown to have been
reclassified or released as alienable agricultural land, or alienated to a
private person by the State, remain part of the inalienable public
domain. (Republic vs. Tr-Plus Corporation, G.R. No. 150000, September
26, 2006, 503 SCRA 91)
The Regalian Doctrine

30. 30
“Section 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. Private corporations or
associations may not hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one
thousand hectares in area. of the Philippines may lease not more than
five hundred hectares, or acquire not more than twelve hectares thereof,
by purchase, homestead, or grant.
Classifications of Lands of Public Domain

31. Rights of Indigenous Cultural Communities
Indigenous Peoples Rights Act 1997
(Republic Act No. 8371 of 1997) s.
October 29, 1997
An Act to recognize, protect and
promote the rights of Indigenous
Cultural Communities/Indigenous
Peoples, creating a National
Commission on Indigenous Peoples,
establishing implementing
mechanisms, appropriating funds
therefor, and for other purposes.
31
“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.” Par. 1 of Section 5,
Article XII of the 1987 Philippine
Constitution

32. Free and Prior Informed Consent (FPIC)
As used in R.A. No. 8371 (means the
consensus of all members of the ICCs/IPs
to be determined in accordance with their
respective customary laws and practices,
free from any external manipulation,
interference and coercion, and obtained
after fully disclosing the intent and scope
of the activity, in a language and process
understandable to the community.
32
Intergenerational Responsibility
The Supreme Court in the case of Oposa
vs. Factoran Jr. ruled that the children
had the legal standing to file the case
based on the concept of
intergenerational responsibility in which
their right to a healthful environment
carries with it an obligation to preserve
that environment for the generations to
come.
IMPORTANT PRINCIPLES

33. DEVOLUTION OF ENR FUNCTIONS
TO THE LOCAL GOVERNMENT UNITS

34. 34
Republic Act No. 7160 of 1991
The Local Government Code of the Philippines
SEC. 16. General Welfare. - Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as
powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local government units shall ensure
and support, among other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-reliant scientific
and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their
inhabitants.cralaw
1. IT IS MANDATED BY THE LAW

35. 35
Section 17 [a]: LGUs shall endeavor to be self-reliant and shall continue
exercising the powers and discharging the duties and functions currently
vested upon them. They shall also discharge the functions and
responsibilities of national agencies and offices devolved to them
pursuant to this Code. LGUs shall likewise exercise such other powers and
surcharge such other functions and responsibilities as are necessary,
appropriate, or incidental to efficient and effective provisions of the basic
services and facilities enumerated herein. (Section 17[a])
Republic Act No. 7160 of 1991
The Local Government Code of the Philippines

36. 36
3. It is an administrative necessity to improve the delivery of
environmental services nationwide.
2. It is a politically and environmentally correct thing to
do. The Philippines is an archipelago of highly diverse cultures, traditions, belief
systems, political histories, environmental conditions, and arrays of natural
resources. They are so diverse that no one agency of the national government can
attend to all their different forms and presentations. LGUs are deemed in the best
position to act as frontrunners in the management of the environment and natural
resources given their geographical proximity to their respective jurisdictions.

37. 37
Environmental and Other Related Laws and Policies
i. Presidential Decree No. 705 “Revised Forestry Code of the
Philippines”;
ii. Presidential Decree No. 856 “Code on Sanitation in the Philippines”;
iii. Republic Act No. 7076 “People’s Small Scale Mining Act of 1991”;
iv. Republic Act No. 7586 “National Integrated Protected Areas System
(NIPAS) Act”;
v. Republic Act No. 7942 “ Philippine Mining Act of 1995”;
vi. Republic Act No. 8371 “Indigenous Peoples Rights Act (IPRA) of 1997”;
vii. Republic Act No. 8550 “Philippine Fisheries Code of 1998”;
viii.Republic Act No. 8749 “Philippine Clean Air Act of 1999”;
ix. Republic Act No. 9003 “Ecological Solid Waste Management Act of
2000”;
x. Republic Act No. 9175 “Chainsaw Act of 2002”;
xi. Republic Act No. 9275 “Philippine Clean Water Act of 2009”;
xii. And other environmental laws and policies

38. THANK YOU!!!