COLLEGE OF LAW

SAN SEBASTIAN COLLEGE - RECOLETOS

MANILA

NATURAL RESOURCES AND

ENVIRONMENTAL LAW
2nd Semester, SY 2018-2019

Atty. Charisma I. Nolasco

Email: attycharisma.nolasco@gmail.com

I. COURSE DESCRIPTION

The subject focuses on the study of statutes, administrative regulations, procedures

and remedies dealing with the protection and preservation of the natural resources.
The course will also involve discussions on relevant and latest jurisprudence on the
matter.

II. PREREQUISITE COURSE

None, but a background on civil and/or criminal procedure will be favorable.

III. COURSE MATERIALS

A. Required Course/Reference Materials

Students will be assigned the relevant laws and jurisprudence each meeting.

B. Recommended Textbooks

None.

IV. COURSE OBJECTIVES

At the end of the course, the students will be able to:

1. Comprehend the underlying policies and principles behind environmental
laws
2. Identify the actions proscribed under existing laws;
3. Gain familiarity with procedural rules and remedies in the prosecution of
actions involving violation/s of existing environmental laws

V. COURSE REQUIREMENTS

A. Class Preparation

Students should read all the assigned materials before the start of the meeting. Class
recitations shall be regularly conducted applying the Socratic method to enable

Atty. C.I. Nolasco

 understanding of the spirit behind and the requirements of each laws.

B. Attendance

Regular and punctual attendance is required. The policy on the number of allowed
absences observed by the College will be observed. No excuse letters/medical
certificates shall be accepted except illnesses or circumstances that will
endanger/prejudice the life, health or security of the concerned student or the class.
Attendance will be checked before the start of the class.

C. Grading Criteria and Evaluation

The students shall be graded as follows:

Class participation (recitation, attendance, quizzes) 30%

Midterm Examinations 30%
Final Examinations 40%
Total 100%

Recitations shall be regularly conducted. Absentees shall automatically

receive a recitation grade of “50.”

Both the midterm and final examinations will be in written form and will
consist of both objective and essay questions. The honor code will be
adopted.

Students who failed to take the midterm exams may be allowed to continue
with the course, provided they have not exceeded the allowable number of
absences. Their grade in the midterm exams will be taken from their final
examinations by deducting ten (10) points therefrom.

ALL GRADES ARE FINAL AND SHALL NOT BE CHANGED/ALTERED EXCEPT

FOR MATHEMATICAL/CLERICAL ERRORS. NO APPEALS SHALL BE
ENTERTAINED, THE ONLY AVAILABLE REMEDIES ARE THE RECITATION,
MIDTERM AND FINAL EXAMINATIONS.

VI. COURSE ASSIGNMENTS

The attached Course Outline provides in detail the covered topics for each meeting,
including additional reading materials. The enumerated reference materials may be
subject to change, most especially in cases of landmark decisions of the Supreme
Court, as well as recent laws, rules and regulations and other issuances promulgated
by the legislature or the executive branches.

Atty. C.I. Nolasco

 NATURAL RESOURCES &
ENVIRONMENTAL LAW
COURSE OUTLINE
1st Semester, SY 2017-2018

I. SOURCES and MECHANISMS

A. Principles and Concepts

Read: Principles and Concepts of International Environmental Law

B. 1987 Constitution
i. Preamble
ii. Article I (National Territory)
iii. Article II, Secs. 15, 16 and 22
iv. Article XII, Sections 2,3, 4, 5 and 6
v. Article XIII, Secs. 6 and 7

Additional Readings:
R.A. No. 9522 (Philippine Baselines Law)
Magallona v. Ermita, G.R. No. 187167, July 16, 2011

C. Title VIII, Book 2, Civil Code (Nuisance)

Additional Readings:
United States v. County Board, 487 F. Supp. 137 [E.D. Va. 1979])
Knights of Rizal v. DMCI Homes, G.R. No. 213948, April 25, 2017

North Greenhills Association, Inc. v. Morales, G.R. No. 222821, August 9, 2017
Parayno v. Jovellanos, G.R. No. 148408, July 14, 2006, 495 SCRA 85
City of Manila v. Garcia, G.R. No. L-26053, February 21, 1967, 19 SCRA 413
SMART Communications v. Aldecoa, G.R. No. 166330, September 11, 2013

D. The DENR and attached bureaus and agencies

II. STATUTES and JURISPRUDENCE

A. P.D. No. 705 (Forestry Code), as amended

i. Sections 3 (c), (q), (cc), (dd), (ee), (ff), 15-16, 20, 27, 68

Additional Readings:
Lalican v. Vergara, G.R. No. 108619, July 31, 1997, 276 SCRA 518
Cresencion v. People, G.R. No. 20515, November 9, 2014
Republic v. Pagadian City Timber Co., G.R. No. 159308, September 16, 2008, 565
SCRA 260
Revaldo v. People, G.R. No. 170589, April 16, 2009

B. R.A. No. 3571, Sections 3 & 4

C. Act No. 3572
D. R.A. No. 7586, Sections 4(b) & 20

Atty. C.I. Nolasco

 E. R.A. No. 8371, Sections 3(a),(b),(c),(d), 33
F. R.A. No. 9147, Sections 5(a), 7-15, 27

G. P.D. No. 1151

H. P.D. No. 1586, Secs. 2, 4, 5 and 9
I. Proclamation No. 2146 (December 14, 1981)

Additional Readings:
Boracay Foundation v. Province of Aklan, G.R. No. 196870, June 26, 2012, 674
SCRA 555
Special People, Inc. v. Canda, G.R. No. 160932, January 14, 2013, 688 SCRA 403
Braga v. Abaya, G.R. No. 223076, September 13, 2016
Summit One Condominium Corporation v. Pollution and Adjudication Board,
G.R. No. 215029, July 5, 2017.
Republic v. Cosalan, G.R. No. 216999, July 4, 2018

J. R.A. No. 9275, Sections 3, 4(h),(j),(l),(bb),(pp), 15, 16, 17, 27, 29, 30

Additional Readings:
MMDA v. Concerned Residents of Manila Bay, G.R. No. 171947-48, December 18,
2008, 574 SCRA 661

K. P.D. No. 979, Sections 2, 3(a),(b), 4-6

L. R.A. No. 9483, Sections 2, 3(h),(l),(n), 4-11, 17-21
M. R.A. No. 8749, Sections 4, 5(b), 16, 18, 20, 24, 25, 28, 29, 33, 34-36, 40-44, 48

Additional Readings:
Henares v. LTFRB, G.R. No. 158290, October 23, 2006, 505 SCRA 104
DOTR v. Philippine Petroleum Sea Association, G.R. No. 230107, July 24, 2018

N. R.A. No. 9003, Sections 3(l),(kk), 9, 10, 21, 30, 37, 48, 50-53

Additional Readings:
Province of Rizal v. Executive Secretary, G.R. No. 129546, December 13, 2005, 477
SCRA 436
Osmeña v. Garganera, G.R. No. 231164, March 20, 2018

O. R.A. No. 7076, Sections 3(b),(c),(d), 5-7, 9, 10, 11-17, 21-24

P. R.A. No. 7942
i. Secs. 3(aq), 4, 5, 6, 8, 15-21, 23, 25, 26, 27, 30-33, 36, 39, 40-42, 43, 45-52, 72-79, 95-
99, 101-110

Additional Readings:
Didipio Earth-Savers’ Multi-Purpose Association, Incorporated, et al. v. DENR
Sec. Gozun, et al., G.R. No. 157882, March 30, 2006, 485 SCRA 586
S.R. Metals v. Reyes, G.R. No. 179669, June 4, 2014, 724 SCRA 535
League of Provinces of the Philippines v. DENR, G.R. No. 175368, April 11, 2013,
696 SCRA 190
Liwat-Moya v. Ermita, G.R. No. 191249, March 14, 2018

Atty. C.I. Nolasco

 Q. Executive Order No. 79, series of 2012, Sections 6, 11, 17

III. RULES OF PROCEDURE (A.M. No. 09-6-8-SC)

Additional Readings:
Oposa v. Factoran, G.R. No. 101083, July 30, 1993, 224 SCRA 792
Dolot v. Paje, G.R. No. 199199, August 27, 2013, 703 SCRA 650
Arigo v. Swift, G.R. No. 206510, September 16, 2014, 735 SCRA 102
Resident Marine Mammals of the Protected Seascape Tañon Strait, et al. vs.
Secretary Angelo Reyes, et al., G.R. No. 180771/G.R. No. 181527. April 21, 2015, 756
SCRA 513
West Tower Condominium Corporation v. First Philippine Industrial Corp., G.R.
No. 194239, June 16, 2015, 758 SCRA 292
LNL Archipelago and Minerals, Inc. v. AGHAM Party List, G.R. No. 209165, April
12, 2016, 789 SCRA 271
International Service for the Acquisition of Agri-Biotech Applications, Inc. v.
Greenpeace Southeast Asia, G.R. No. 209271, July 26, 2016 (Resolution)
Segovia v. Climate Change Commission, G.R. No. 211010, March 7, 2017
Osmeña v. Garganera, G.R. No. 231164, March 20, 2018
Mosqueda v. Pilipino Banana Growers, G.R. Nos. 189185 & 189305, August 16,
2016
Mercado v. Lopena, G.R. No. 230170, June 6, 2018

Atty. C.I. Nolasco