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2011400084Final Exams Environmental Law Class 2013-2014
This is the final exam of the Environmental Law Class of
2013-2014. It is composed of two parts:
Part One: Substantive portion. This is meant to trigger your
skill on how to make the laws work to achieve a higher goal of
protecting the environment. You must answer with the use of
straight and correct English.
Part Two: Qualitative portion.This is meant to give you the
chance to reflect on what you have learned in class.You may use
Filipino
The answers are to be sent to:For San Beda Law Students,
[email protected] answers are to be submitted in
electronic form.Do not write your name or any identifying mark.
Write only your student number on the upper left hand of the first
page of exams answers.
The questions that need to be answered have blank spaces. For
ease of writing, please encode your answers at the end of the
questionsin color blue.
Deadline:
March 29, 2014 at 12:00 noon, Philippine Standard Time
Delays will be deducted at one per cent of the final grade per
minute of delay. Delays of more than 60 minutes will no longer be
accepted. In real court filings, if your pleading is submitted
late, it may be rejected and your case may be dismissed
outright.
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PART ONE
Land and Forests
The new Secretary of the Department of Environment heard about
how you excelled in the Environmental Law Class while in law
school. He hires you as his staff assistant. He wants to protect
the forests and to encourage private landowners to plant trees and
vegetables on their land.
1. What is the first thing he needs to do to protect the
forests? What is the first thing that you need to know when you buy
a piece of land? _______First he must know the Laws pertaining to
the protection of the land and forests so he will know who to
punish and also know the points of the law which is commonly
violated. In buying a piece of land, the buyer must first know if
the land he is buying is an alienable and disposable land. Because
these lands refer to lands of public domain which has been subject
to present classification and declared as not needed for forests
purposes.2. What is an ecological encumbrance (or eco-lien)?
________ In environment, it is therightto, interest in, or
legalliabilityonreal propertythat does not prohibit passingtitleto
the property but that diminishes its value. It is an obligation to
the environment. What is the legal basis to support this? ______
PD.705 and the constitutional provisions pertaining to the
Environment1. What is a conservation easement? _________
aconservation easement(also called aconservation
basement,conservation covenant,conservation
restrictionorconservation servitude) is a power invested in a
qualified private land conservation organization (often called a
"land trust") or government (municipal, county, state or federal)
to constrain, as to a specified land area, the exercise of rights
otherwise held by alandownerso as to achieve certain conservation
purposes. It is an interest in real property established by
agreement between a landowner and land trust or unit of government.
The conservation easement "runs with the land," meaning it is
applicable to both present and future owners of the land. As with
other real property interests, the grant of conservation easement
is recorded in the local land records; the grant becomes a part of
thechain of titlefor the property.
3. Using the land titling system, how can you use the idea of an
eco-lien to encourage private landowners to keep their lands in
vegetative condition sufficient to prevent erosion and adverse
effects on the lowland and streams? _____ I will encourage the
private landowners that we should plant fruits or vegetables in our
private property to prevent erosion and other harmful effects to us
by not planting. Because if we dont plant, nothing will sip the
water caused by the rain and the flood. If we plant, we should
plant vegetables or things that we can eat so it cannot only save
the environment but it can also save us.
4. How will you use the real property tax system to encourage
people to plant vegetables on their urban lands? _____By
citing:Section 75.Tax declaration on real property.Imprisonment for
a period of not less than two (2) nor more than four (4) years and
perpetual disqualification from holding an elective or appointive
office, shall be imposed upon any public officer or employee who
shall issue a tax declaration on real property without a
certification from the Director of Forest Development and the
Director of Lands or their duly designated representatives that the
area declared for taxation is alienable and disposable lands,
unless the property is titled or has been occupied and possessed by
members of the national cultural minorities prior to July 4,
1955.Why is it important to teach urban dwellers how to plant and
grow vegetables? _____ So that in case they do not have food to
eat, they will still survive because they planted fruits and
vegetables.Tip: The answer to this question may be found in the
definition of forests in the Revised Forestry Code (Pres. Decree
705) and in the Chapter on Land in the book The Laws of Nature and
Other Stories.
Waters
Marine WatersDuring your internship in the SEA Camp in Bantayan
Island, you joined an enforcement operation of the legendary
Visayan Sea Squadron. In the middle of the night, you join law
enforcement personnel and seize commercial fishing boat fishing in
municipal waters without any permit. It also uses explosives to
stun the fish, uses heavy metal objects to pound on the corals to
scare the fish out of the coral reefs, and also used a very
high-powered light to attract the fish.
The boat does not even bear a name and has no fishing license
issued by the Bureau of Fisheries. The fish workers in the boat are
not registered, and some are even minors.
Using the Fisheries Code (Rep Act 8550), what are the cases that
you can file against the persons involved? Violation of
Sections:Section 26.Commercial Fishing Vessel License and Other
Licenses.- No person shall operate a commercial fishing vessel,
pearl fishing vessel or fishing vessel for scientific, research or
educational purposes, or engage in any fishery activity, or seek
employment as a fishworker or pearl diver without first securing a
license from the Department, the period of which shall be
prescribed by the Department:Section 29.Registration and Licensing
of Fishing Gears Used in Commercial Fishing.- Before a commercial
fishing vessel holding a commercial fishing vessel license may
begin fishing operations in Philippine waters, the fishing gear it
will utilize in fishing shall be registered and a license granted
therefor. The Department shall promulgate guidelines to implement
this provision within sixty (60) days from approval of this
Code.Section 88.Fishing Through Explosives, Noxious or Poisonous
Substance, and/or Electricity.-(1) It shall be unlawful for any
person to catch, take or gather or cause to be caught, taken or
gathered, fish or any fishery species in Philippine waters with the
use of electricity, explosives, noxious or poisonous substance such
as sodium cyanide in the Philippine fishery areas, which will kill,
stupefy, disable or render unconscious fish or fishery species:
Provided, That the Department, subject to such safeguards and
conditions deemed necessary and endorsement from the concerned
LGUs, may allow, for research, educational or scientific purposes
only, the use of electricity, poisonous or noxious substances to
catch, take or gather fish or fishery species: Provided, further,
That the use of poisonous or noxious substances to eradicate
predators in fishponds in accordance with accepted scientific
practices and without causing adverse environmental impact in
neighboring waters and grounds shall not be construed as illegal
fishing.1. Who will be the respondents in the case? Boat Captain?
Owner? Who else?All. Including The corporation oroperator, the boat
captain and the master fishing man.1. What cases will you file
against the persons and for violation of what specific provision/s
in the Fisheries Code and other related laws?Violation of Sec. 26,
29 and 88 of the Fisheries code.You file the cases against the
culprits, in the arraignment they all plead guilty. The judge
pronounces their sentence but puts them on probation so long as
they act as fish wardens to protect the seas that they once
destroyed. They are ordered to put up marine/fish sanctuaries in
the municipal waters of the town where they illegally fished.
The Mayor is present in the hearing. Both the judge and the
Mayor ask you if under the Fisheries Code (RA 8550) there is any
legal basis to put up fish sanctuaries? _________Yes. Because it is
provided in Sec.81 which states:Section 81.Fish Refuge and
Sanctuaries.- The Department may establish fish refuge and
sanctuaries to be administered in the manner to be prescribed by
the BFAR at least twenty-five percent (25%) but not more than forty
percent (40%) of bays, foreshore lands, continental shelf or any
fishing ground shall be set aside for the cultivation of mangroves
to strengthen the habitat and the spawning grounds of fish. Within
these areas no commercial fishing shall be allowed. All marine
fishery reserves, fish sanctuaries and mangrove swamp reservations
already declared or proclaimed by the President or legislated by
the Congress of the Philippines shall be continuously administered
and supervised by the concerned agency: Provided, however, That in
municipal waters, the concerned LGU in consultation with the FARMCs
may establish fishery refuge and sanctuaries. The FARMCs may also
recommend fishery refuge and sanctuaries: Provided, further, That
at least fifteen percent (15%) where applicable of the total
coastal areas in each municipality shall be identified, based on
the best available scientific data and in consultation with the
Department, and automatically designated as fish sanctuaries by the
LGUs in consultation with the concerned FARMCs.
What is the purpose of a fish sanctuary? A Fishery Refuge and
Sanctuaries is a designated area where fishing or other forms of
activities which may damage the ecosystem of the area is prohibited
and human access may be restricted.Does the Fisheries Code have an
applicable provision? ______Yes. Sec. 36 which provides:... 36.
Fishery Refuge and Sanctuaries - a designated area where fishing or
other forms of activities which may damage the ecosystem of the
area is prohibited and human access may be
restricted..Freshwater
What are rainwater catchment ponds or rain gardens? How can they
be the solution to the flooding problem of urban areas? Rain water
catchment pond is pond dug in the lowest part of a patch of land.
Being on the lowest portion of the land, the pond is where water
will naturally accumulate. By digging a hole, the excess water will
have a place to go.Since the bottom of this pond is not paved with
concrete (and would normally be permeable lime or sand and stones),
the excess water is absorbed back into the ground to replenish the
depleted groundwater table (aquifer).Rain gardenis a planted
depression or a hole that allows rainwaterrunofffromimperviousurban
areas, like roofs, driveways, walkways, parking lots, and compacted
lawn areas, the opportunity to be absorbed.This reduces rain runoff
by allowingstorm waterto soak into the ground (as opposed to
flowing intostorm drainsandsurface waterswhich causeserosion,water
pollution,flooding, and diminishedgroundwater)
Does emission include noise? YesAir and the Atmosphere:
You live in a quiet neighborhood. One day, a videoke bar was
allowed by the Municipal Mayor and the Barangay Captain to operate
near your house. The peace and silence of your home is shattered by
the customers of the videoke bar. They would blare out their
disintunado (and often drunken) singing even up to late at night
and until the week hours in the morning. You even hear of reports
that a secret cyberporn operation is being conducted behind the
curtains of the videoke bar. The drunkenness that goes on in the
Bar sometimes result in bar brawls, stabbings, and the presence of
shady characters and low-flying women (mabababang lipad) loitering
in the streets near your house. With your working knowledge of
Environmental Law, will you take it all in silence and bear the
pain of the noise that disturbs you, your family, and your entire
neighborhood? __ Yes, ___ NoOr will you do something?__ Yes, __
No.
Is this a nuisance? What is a nuisance under the Civil
Code?_____ Yes it is considered as a nuissance. Under art. 694 of
the civil code which states that:Art. 694. A nuisance is any act,
omission, establishment, business, condition of property, or
anything else which:(1) Injures or endangers the health or safety
of others;or(2) Annoys or offends the senses; or(3) Shocks, defies
or disregards decency or morality; or(4) Obstructs or interferes
with the free passage of any public highway or street, or any body
of water; or(5) Hinders or impairs the use of propertyWhat can and
what will you do? _____I will report such noise or nuissance to the
Barangay.What is the duty of the Barangay Captain/Chairman as
stated in the Local Government Code?Cite the exact provision
(section, paragraph, and the phrase of the pertinent section of the
Local Government Code). ______Under the Local Government Code, Sec.
389 and Sec. 402SECTION 389. Chief Executive: Powers, Duties, and
Functions. - (a) The Punong Barangay, as the chief executive of the
Barangay government, shall exercise such powers and perform such
duties and functions, as provided by this Code and other laws. (b)
For efficient, effective and economical governance, the purpose of
which is the general welfare of the Barangay and its inhabitants
pursuant to Section 16 of this Code, the Punong Barangay shall: (a)
Enforce all laws and ordinances which are applicable within the
Barangay; (b) Negotiate, enter into, and sign contracts for and in
behalf of the Barangay, upon authorization of the Sangguniang
Barangay; (c) Maintain public order in the Barangay and, in
pursuance thereof, assist the city or municipal mayor and the
sanggunian members in the performance of their duties and
functions; (d) Call and preside over the sessions of the
Sangguniang Barangay and the Barangay assembly, and vote only to
break a tie; (e) Upon approval by a majority of all the members of
the Sangguniang Barangay, appoint or replace the Barangay
treasurer, the Barangay secretary, and other appointive Barangay
officials; (f) Organize and lead an emergency group whenever the
same may be necessary for the maintenance of peace and order or on
occasions of emergency or calamity within the Barangay; (g) In
coordination with the Barangay development council, prepare the
annual executive and supplemental budgets of the Barangay; (h)
Approve vouchers relating to the disbursement of Barangay funds;
(i) Enforce laws and regulations relating to pollution control and
protection of the environment; (j) Administer the operation of the
Katarungang PamBarangay in accordance with the provisions of this
Code; (k) Exercise general supervision over the activities of the
Sangguniang Kabataan; (l) Ensure the delivery of basic services as
mandated under Section 17 of this Code; ..
...SECTION 402. Functions of the Lupon. - The lupon shall: (a)
Exercise administrative supervision over the conciliation panels
provided herein; (b) Meet regularly once a month to provide a forum
for exchange of ideas among its members and the public on matters
relevant to the amicable settlement of disputes, and to enable
various conciliation panel members to share with one another their
observations and experiences in effecting speedy resolution of
disputes; and (c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or ordinance.
For allowing this disturbance to go on, can he be held liable
for non-performance of his duty under the Rep. Act 3019 (Anti-Graft
and Corrupt Practices Law?) _____ Cite the exact provision and the
phrase of the pertinent section of the Anti-Graft Law? ______Yes.
Sec. 3, paragraph (F) of RA. 3019 states the corrupt practice of
public officers. In this case this provision applies:....(f)
Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary
or material benefit or advantage, or for the purpose of favoring
his own interest or giving undue advantage in favor of or
discriminating against any other interested party...What about the
Mayor, what is his duty? ______Under the Local Government code, it
stated the duties of the Mayor:Article One. - The Municipal Mayor
SECTION 444. The Chief Executive: Powers, Duties, Functions and
Compensation. - (a) The municipal mayor, as the chief executive of
the municipal government, shall exercise such powers and perform
such duties and functions as provided by this Code and other laws.
(b) For efficient, effective and economical governance the purpose
of which is the general welfare of the municipality and its
inhabitants pursuant to section 16 of this Code, the municipal
mayor shall: (1) Exercise general supervision and control over all
programs, projects, services, and activities of the municipal
government, and in this connection, shall: (i) Determine the
guidelines of municipal policies and be responsible to the
Sangguniang Bayan for the program of government; (ii) Direct the
formulation of the municipal development plan, with the assistance
of the municipal development council, and upon approval thereof by
the Sangguniang Bayan, implement the same; (iii) At the opening of
the regular session of the Sangguniang Bayan for every calendar
year and, as may be deemed necessary, present the program of
government and propose policies and projects for the consideration
of the Sangguniang Bayan as the general welfare of the inhabitants
and the needs of the municipal government may require; (iv)
Initiate and propose legislative measures to the Sangguniang Bayan
and, from time to time as the require, provide such information and
data needed or requested by said sanggunian in the performance of
its legislative functions; Appoint all officials and employees
whose salaries and wages are wholly or mainly paid out of municipal
funds and whose appointments are not otherwise provided for in this
Code, as well as those he may be authorized by law to appoint;
situation may (v) Appoint all officials and employees whose
salaries and wages are wholly or mainly paid out of municipal funds
and whose appointments are not otherwise provided for in this Code,
as well as those he may authorized by law to appoint; (vi) Upon
authorization by the Sangguniang Bayan, represent the municipality
in all its business transactions and sign on its behalf all bonds,
contracts, and obligations, and such other documents made pursuant
to law or ordinance; (vii) Carry out such emergency measures as may
be necessary during and in the aftermath of man-made and natural
disasters and calamities; (viii) Determine, according to law or
ordinance, the time, manner and place of payment of salaries or
wages of the officials and employees of the municipality; (ix)
Allocate and assign office space to municipal and other officials
and employees who, by law or ordinance, are entitled to such space
in the municipal hall and other buildings owned or leased by the
municipal government; (x) Ensure that all executive officials and
employees of the municipality faithfully discharge their duties and
functions as provided by law and this Code, and cause to be
instituted administrative or judicial proceedings against any
official or employee of the municipality who may have committed an
offense in the performance of his official duties; (xi) Examine the
books, records and other documents of all offices, officials,
agents or employees of the municipality and in aid of his executive
powers and authority, require all national officials and employees
stationed in or assigned to the municipality to make available to
him such books, records, and other documents in their custody,
except those classified by law as confidential; (xii) Furnish
copies of executive orders issued by him to the provincial governor
within seventy-two (72) hours after their issuance: Provided, That
municipalities of Metropolitan Manila Area and that of any
metropolitan political subdivision shall furnish copies of said
executive orders to the metropolitan authority council chairman and
to the Office of the President; (xiii) Visit component Barangays of
the municipality at least once every six (6) months to deepen his
understanding of problems and conditions therein, listen and give
appropriate counsel to local officials and inhabitants, inform the
component Barangay officials and inhabitants of general laws and
ordinances which especially concern them, and otherwise conduct
visits and inspections to the end that the governance of the
municipality will improve the quality of life of the inhabitants;
(xiv) Act on leave applications of officials and employees
appointed by him and the commutation of the monetary value of leave
credits according to law; (xv) Authorize official trips outside of
the municipality of municipal officials and employees for a period
not exceeding thirty (30) days; (xvi) Call upon any national
official or employee stationed in or assigned to the municipality
to advise him on matters affecting the municipality and to make
recommendations thereon, or to coordinate in the formulation and
implementation of plans, programs and projects, and when
appropriate, initiate an administrative or judicial action against
a national government official or employee who may have committed
an offense in the performance of his official duties while
stationed in or assigned to the local government unit concerned;
(xvii) Subject to availability of funds, authorize payment of
medical care, necessary transportation, subsistence, hospital or
medical fees of municipal officials and employees who are injured
while in the performance of their official duties and functions;
(xviii) Solemnize marriages, any provision of law to the contrary
notwithstanding; (xix) Conduct a palarong bayan, in coordination
with the Department of Education, Culture and Sports, as an annual
activity which shall feature traditional sports and disciplines
included in national and international games; and (xx) Submit to
the provincial governor the following reports: an annual report
containing a summary of all matters pertaining to the management,
administration and development of the municipality and all
information and data relative to its political, social and economic
conditions; and supplemental reports when unexpected events and
situations arise at any time during the year, particularly when
man-made or natural disasters or calamities affect the general
welfare of the municipality, province, region or country. Mayors of
municipalities of the Metropolitan Manila Area and other
metropolitan political subdivisions shall submit said reports to
their respective metropolitan council chairmen and to the Office of
the President; (2) Enforce all laws and ordinances relative to the
governance of the municipality and the exercise of its corporate
powers provided for under Section 22 of this Code, implement all
approved policies, programs, projects, services and activities of
the municipality and, in addition to the foregoing, shall: (j)
Ensure that the acts of the municipality's component Barangays and
of its officials and employees are within the scope of their
prescribed powers, functions, duties and responsibilities; (ii)
Call conventions, conferences, seminars or meetings of any elective
and appointive officials of the municipality, including provincial
officials and national officials and employees stationed in or
assigned to the municipality at such time and place and on such
subject as he may deem important for the promotion of the general
welfare of the local government unit and its inhabitants; (iii)
Issue such executive orders as are necessary for the proper
enforcement and execution of laws and ordinances; (iv) Be entitled
to carry the necessary firearm within his territorial jurisdiction;
(v) Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the municipality
and upon its approval, implement the same and exercise general and
operational control and supervision over the local police forces in
the municipality in accordance with R.A. No. 6975; (vi) Call upon
the appropriate law enforcement agencies to suppress disorder,
riot, lawless violence, sedition or to apprehend violators of the
law when public interest so requires and the municipal police
forces are inadequate to cope with the situation or the violators;
rebellion or (3) Initiate and maximize the generation of resources
and revenues, and apply the same to the implementation of
development plans, program objectives and priorities as provided
for under Section 18 of this Code,particularly those resources and
revenues programmed for agro-industrial development and
country-wide growth and progress, and relative thereto, shall: (i)
Require each head of an office or department to prepare and submit
an estimate of appropriations for the ensuing calendar year, in
accordance with the budget preparation process under Title Five,
Book II of this Code; (ii) Prepare and submit to the sanggunian for
approval the executive and supplemental budgets of the municipality
for the ensuing calendar year in the manner provided for under
Title Five, Book II of this Code; (iii) Ensure that all taxes and
other revenues of the municipality are collected, and that
municipal funds are applied in accordance with law or ordinance to
the payment of expenses and settlement of obligations of the
municipality; (iv) Issue licenses and permits and suspend or revoke
the same for any violation of the conditions upon which said
licenses or permits had been issued, pursuant to law or ordinance;
(v) Issue permits, without need of approval therefor from any
national agency, for the holding of activities for any charitable
or welfare purpose, excluding prohibited games of chance or shows
contrary to law, public policy and public morals; (vi) Require
owners of illegally constructed houses, buildings or other
structures to obtain the necessary permit, subject to such fines
and penalties as may be imposed by law or ordinance, or to make
necessary changes in the construction of the same when said
construction violates any law or ordinance, or to order the
demolition or removal of said house, building or structure within
the period prescribed by law or ordinance; (vii) Adopt adequate
measures to safeguard and conserve land, mineral, marine, forest,
and other resources of the municipality; provide efficient and
effective property and supply management in the municipality; and
protect the funds, credits, rights and other properties of the
municipality; and (viii) Institute or cause to be instituted
administrative or judicial proceedings for violation of ordinances
in the collection of taxes, fees or charges, and for the recovery
of funds and property; and cause the municipality to be defended
against all suits to ensure that its interests, resources and
rights shall be adequately protected; (4) Ensure the delivery of
basic services and the provision of adequate facilities as provided
for under Section 17 of this Code and, in addition thereto, shall:
(j) Ensure that the construction and repair of roads and highways
funded by the national government shall be, as far as practicable,
carried out in a spatially contiguous manner and in coordination
with the construction and repair of the roads and bridges of the
municipality and the province; and (ii) Coordinate the
implementation of technical services rendered by national and
provincial offices, including public works and infrastructure
programs in the municipality; and (5) Exercise such other powers
and perform such other duties and functions as may be prescribed by
law or ordinance. (c) During his incumbency, the municipal mayor
shall hold office in the municipal hall. (d) The municipal mayor
shall receive a minimum monthly compensation corresponding to
Salary Grade twenty-seven (27) as prescribed under R.A. No. 6758
and the implementing guidelines issued pursuant thereto.
Using the Clean Air Act (Rep. Act 8749), can you file a citizens
suit against the owner/s and/or managers of the videoke bar, the
Barangay Captain and the Mayor? What is a citizens suit ______?Yes.
A citizens suit is a suit wherein private citizen can bring a
lawsuit against a citizen, a corporation or a government body for
engaging in conduct prohibited by the statute. It is common in the
Environmental law.What is your legal basis? Is noise an emission
defined under the Clean Air Act? ________Under RA 8749, it
recognizes the right of the citizens wherein it states in Sec.4
par.H that it recognizes:...(h) The right to bring action in court
for compensation of personal damages resulting from the adverse
environmental and public health impact of a project or
activity...Noise is an emission that can harm the health of people.
Noise can damage our eardrums, it can cause lack of sleep which can
also affect our health thereby entitling the doer for damages.What
provision of the Revised Penal Code can you apply to file a case
against those responsible for the noise that goes on even until the
wee house of the night?It is provided in the Alarms and Scandals of
the Revised penal code which states:Art. 155.Alarms and scandals.
The penalty of arresto menor or a fine not exceeding P200 pesos
shall be imposed upon:1. Any person who within any town or public
place, shall discharge any firearm, rocket, firecracker, or other
explosives calculated to cause alarm or danger;2. Any person who
shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility;3. Any person who, while wandering about at night or
while engaged in any other nocturnal amusements, shall disturb the
public peace; or4. Any person who, while intoxicated or otherwise,
shall cause any disturbance or scandal in public places, provided
that the circumstances of the case shall not make the provisions of
Article 153 applicable
______________
Hearing that you sent a written complaint to the Barangay
Captain alleging wrongdoing by the owners of the videoke bar, they
hire a team of top criminal lawyers and unleash them at you. The
videoke lawyers[footnoteRef:2] promptly file cases against you for
unjust vexation, libel, and damages for one million pesos. (A
videoke lawyer is defined as a member of the legal profession who
is like a videoke machine. Just plunk in money into its slot, and
it will play whatever song you want it to sing, no matter how
disintunado.) [2: ]
Will you be one such videoke lawyer? _________No. Because I am a
person with principle and I think what is prohibited is prohibited.
What is law is the LAW. If they dont like to be sued, then they
should find a way to remove that law. But since they cannot, they
should be liable for such act.What provision of the Clean Air Act
and the Rules of Procedure for Environmental Cases can you invoke
against the lawsuits filed against you?Under the Clean air act, I
will invoke:(h) The right to bring action in court for compensation
of personal damages resulting from the adverse environmental and
public health impact of a project or activity.Is environmental
protection the sole responsibility of the Dept. of Environment and
Natural Resources (DENR)?_______No. Because the DENR is also
responsible for to:Assure the availability and sustainability of
the country's natural resources through their judicious use and
systematic restoration or replacement, whenever possible; Increase
the productivity of natural resources in order to meet the demands
for forest, mineral and land resources of a growing population in a
manner consistent with environmental protection and enhancement;
Enhance the contribution of natural resources for achieving
national economic, political, social development and ecological
integrity; Promote equitable access to natural resources by the
different sectors of the populations; Maintain a desirable level of
environmental quality; Conserve specific terrestrial and marine
areas representative of the Philippine natural and cultural
heritage for present and future generations
What is the exact phrase and provision of the Local Government
Code that states the local governments responsibility to protect
the environment? SEC. 389 Par. I states:...(i) Enforce laws and
regulations relating to pollution control and protection of the
environment;..______________
Someone is open burning their basura beside the road. Is there
an applicable provision against the open burning of wastes in the
Ecological Solid Waste Management Law? Yes. Under (3)SEC.48 of the
Ecological Solid waste management law it prohibits:..3) The open
burning of solid waste..._________
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PART TWO
Qualitative:
1. What is the Environment? Why is it not easily understood nor
resonate in the minds and hearts of ordinary people? Is it about
the birds and the bees and the flowers and the trees? Or is it
about .. ? ______The Environment is the totality of our
surroundings or where we live in. People dont usually understand
what the environment is because they limit their knowledge of
environment from what a community is. So there are times when
people are concerned about only on one specific barangay, school,
house, etc. Because they believe that it is the environment the
community. The Environment is not only about the birds, the trees,
the flower and the bees. It is about the whole world. Wherever we
go it is the environment. The sky, the air, the water, every place
we go is our environment so when we say Everyone should be concern
about the Environment it only means that we should be concerned of
the world.1. What have your learned from your four months of the
Environmental Law class, if any? _______I have learned that I
contribute alot into worsening the pollution in our environment.
That Land, air and water (LAW) are so important. I learned to
appreciate water, air and land more. When one reported about how
was it way back in the 80s and 90s, I knew what shes been talking
about because I had been there. I remember that kids dont drink
mineral waters before. I was lucky enough to experience clean water
from the faucet because it was fresh naman noon. Naalala ko noon
sobrang nag-enjoy ako sa childhood ko kasi nakakapaglaro ako sa
labas kasama yung mga kalaro ko. Nakakapaglaro kami ng takbuhan,
mata-mataya, taguan at nakakapag gitara pa kami sa labas ng bahay.
It was really a great bonding. I remember me and my family went to
Tagaytay. Nagpicnic kami tapos naghohorse back riding. Ngayon ang
mga bata sobrang into technology na sila. Laptop, tablet,
computers, iphone, ipod etc. Hindi nila alam dahil sa
technolohiyang ito nawawala na yung bond sa pagitan ngpamilya at
magkakaibigan. Yes, we enjoy playing online games, but nothing can
ever beat the happiness kasama ang family at friends. Ito kasi ang
mga bagay na hindi pedeng i-save sa memory card or SD card, hindi
marereformat or ulitin ulit. Hindi din nila alam dahil sa
teknolohiya at pagunlad nito nasisira naman ang kalikasan. Kaya
kung mabawasan sana unti unti ang pag abuso sa teknolohiya hindi
lang Earth ang masi-save natin pati na din ang relasyon sa pagitan
ng magkakaibigan at pamilya. Because I think main factor din ito sa
mga ganun.
My nephews and niece bonding time.3. What have you done, both as
a member of the class, and in your individual capacity?
_________What significance did your actions have? _________I
learned to plant trees gaya ng tinuro po sa class. Natutunan ko din
ang masamang epekto ng plastic. Alam ko hindi nabubulok ang plastic
kapag itinapon, siguro naging kalabit nadin sakin ni Lord at ng
kalikasan na alam mo pala bakit mo ginagawa?. Kasi talaga noon isa
ako sa contributors ng pagtatapon ng plastic. Pero ngaun dahil sa
narealized ko at na-emphasized sakin ng himay himay talaga sa
class, naglagay ako ng sako sa bahay. Kasi in our house we always
buy 1.5 softdrinks, juices, water na nasa plastic. Dati si tapon
lang ako. Kahit san basta basurahan tapon lang enjoy enjoy. Ngayon
nagulat sila may sako na tapos panay plastic ang nakalagay. My
family always sees me putting the used plastic bottles sa sako so
sila din nasasanay na. Hindi ko sila sinabihan na itapon dun yung
plastic bottles nila pero atleast sila na ang nagkukusa. My moms
friend is a vice president of a plastic company so Im sure they can
re-use this tomake it useful again by making it into plastic
chairs, organizers, etc.4. Even after your Environmental Law Class,
what will you do?______________.I will still continue what I have
learned and right now I am teaching my young niece the proper
mindset. I always tell her na kapag tinapon mo yang basura mo kahit
san kahit gaano pa yan kaliit, kapag inisip mo madami ang gumagawa
nyan sa tingin mo kakainin ba ng lupa ang plastic? Lagi kong
hinihikayat yung mga pamangkin ko na magbonding. Maglaro sa labas
hindi panay computer at tablets. Bukod sa tipid kuryente, save the
earth, hindi pa nila mamimiss ang pinaka magandang event sa buhay
ng isang bata, yun ay ang makipaglaro.
Macintosh HD:Users:antoniooposa:Desktop:2-TEACHING-JULY
2013:2013-2014:Final Exams Environmental Law Class 2013.docx
