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NATURAL RESOURCES AND ENVIRONMENTAL LAW

Prof. Antonio G.M. La Via


DLSU College of Law

Course Description and Objectives

This course is designed for future lawyers, for those who are seeking a more
indepth knowledge of natural resources and environmental law. It will also serve
as a foundational course for those hoping to specialize in this field. As a general
course, at the end of the term, the students will acquire the basic principles,
policies and remedies provided by Philippine environmental law and policy. It will
also provide an overview of international environmental law.

This course is designed with the following objectives. At the end of the course,
the students should be able to:

understand the basic legal and constitutional concepts that underpin


Philippine environmental and natural resources law and policy;
appreciate the environmental and natural resources governance system of
the Philippines, including understanding the role of key government
agencies and other actors in the system;
acquire knowledge on specific areas of Philippines environmental and
natural resources law;
apply legal remedies available for environmental cases using the
environmental rule of procedure
appreciate the linkage between national laws and international
environmental law
acquire knowledge on specific international environmental issues such as
climate change and biological diversity.

Textbook: Philippine Law and Ecology by Prof. Antonio G.M. La Via (Volumes 1
and 2). Each volume is 450 pesos per volume. Copies are available in UP Law
Center.

Requirements: Students will be graded as follows: collective class recitation and


discussions (1/3 of grade), moot court exercise (1/3 of grade, group grade), and
group presentation and paper (1/3 of grade, group grade). There will be an option
to do an individual paper at the end.

I. INTRODUCTION

(1) Course expectations and overview


(2) Overview of Philippine Environmental Issues
(3) The Constitutional and Legal Framework on Natural Resources and the
Environment
Pope Francis, Laudato sii: On the Care of our Common Home; download at
http://w2.vatican.va/content/dam/francesco/pdf/encyclicals/documents/papa-
francesco_20150524_enciclica-laudato-si_en.pdf

*Full texts (including other opinions dissent, concurrences) of:


Oposa v. Factoran (G.R. No. 101083 July 30, 1993)
Concerned Citizens vs. MMDA (G.R. Nos. 171947-48, December 18, 2008)
ISAAA vs. Greenpeace, GR No. 209271 (December 8, 2015; ) see also resolution
on motion for reconsideration decided on August 18, 2016,
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2016/july2016/209271.pdf)
Resident Mammals vs. Reyes G.R. No. 180771 (April 21, 2015)
Carino vs. Insular Government (212 U.S. 449,1909)
Cruz vs. NCIP (G.R. No. 135385. December 6, 2000)
La Bugal vs. Ramos (G.R. No. 127882. December 1, 2004)

II. Institutional Framework for Natural Resources and the Environment

(1) The DENR and other agencies in the executive branch


(2) The role of Congress
(3) The emergence of the Judiciary
(4) Other relevant actors

*Preface and Chapter 1 of Volume 1 (pp. 1-121), Philippine Law and Ecology
*Chapter 2 of Volume 1 (pp. 122-152), Philippine Law and Ecology

III. Environmental Impact Assessment

(1) The rationale of the EIA system


(2) The legal framework for EIA in the Philippines
(3) Social acceptability in the EIA system

*Chapter 3 of Volume 1 (pp. 153-207), Philippine Law and Ecology

IV. Forests

(1) State of our forests


(2) Legal Framework on forests
(3) Reversing deforestation and degradation

*Chapter 4 of Volume 1 (pp. 208-264), Philippine Law and Ecology

V. Protected Areas, Wildlife and Biodiversity

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(1) State of protected areas, wildlife and biodiversity in the Philippines
(2) The legal framework for protected areas, wildlife and biodiversity
(3) The international context of biodiversity and species protection

*Chapters 5 and 6 of Volume 1 (pp. 273-322), Philippine Law and Ecology


*Biodiversity chapter in Volume 2, Philippine Law and Ecology (specific
chapter and pages to be provided later)

VI. Fisheries, Coastal and Marine Resources

1. State of Philippine fisheries, coastal and marine resources


2. The legal framework for fisheries and marine resources
3. International agreements on fisheries and marine pollution
*Chapters 7 of Volume 1 (pp. 333-364), Philippine Law and Ecology
*Fisheries and marine chapter in Volume 2, Philippine Law and Ecology
(specific chapter and pages to be provided later)

The Republic of the Philippines v. the Peoples Republic of China https://pca-


cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf

Bateman, Behm, et. al Assessing the South China Award July 2016)
https://www.aspi.org.au/publications/assessing-the-south-china-sea-
award/SI108_SouthChinaSea_anthology.pdf

Antonio T. Carpio, Protecting the nations marine wealth in the West Philippine
sea (2014), download at http://sc.judiciary.gov.ph/aboutsc/justices/j-carpio/03-06-
14-speech.pdf

Paterno Esmaquel II, Top Philippine judge uses Chinese maps vs. China (see full
presentation of Justice Carpio embedded in the Rappler article), download at
http://www.rappler.com/nation/60167-top-philippine-judge-carpio-chinese-maps-
china

VII. Mining

1. The challenge of mining in the Philippines


2. The legal framework on mining
3. Towards responsible mining

*Chapters 8 of Volume 1 (pp. 365-454), Philippine Law and Ecology

VIII. Solid Waste Management

1. Solid waste management issues In the Philippines

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2. The legal framework on waste management
3. Overcoming the solid waste challenge

*Chapter 9 of Volume 1 (pp. 455-486), Philippine Law and Ecology

IX. Industrial, Air and Water Pollution

1. Toxic and Hazarduos Wastes


2. Cleaning the air
3. Cleaning the water

*Chapter 10 of Volume 1 (pp. 487-535), Philippine Law and Ecology

X. The environmental rules of court

1. Overall framework of environmental litigation


2. The Writ of Kalikasan
3. Continuing Mandamus
4. SLAPP cases
5. Precautionary principle as rule of evidence

*See Part 2 of Volume 2 of Philippine Law and Ecology

XI. Overview of International Environmental Law

1. The evolution of international environmental law


2. A survey of multilateral environmental agreements
3. A focus on Climate Change: climate change negotiations and moot court

*See Part 1 of Volume 2 of Philippine Law and Ecology, and Chapter 11 of


Volume 1 (pp. 536-555).
*Additional materials will be provided on climate change

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