San Beda University
College of Law
Mendiola, Manila
COURSE SYLLABUS
COURSE CODE:
COURSE TITLE: Natural Resources and Environmental Laws
COURSE PREREQUISITE
FACULTY Atty. GALLANT D. SORIANO, MNSA
EMAIL ADDRESS [email protected]
TERM/ACADEMIC YEAR: First Semester, School Year 2020 - 2021
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: Full Online Class
CONSULTATION DAY/TIME:
COURSE DESCRIPTION:
The course consists of two parts - the first part is Natural Resources Laws; and the
second part is Environmental Laws. Natural Resources Laws will involve an analysis of the
various laws and their salient provisions pertaining to natural resources, including basic
legal concepts and constitutional frameworks relating to the national territory, principles
and state polices, and the national economy and patrimony. It will also explore private
rights and government regulation of various natural resources, as well as discussions of
current trends and considerations in this vital area of the law. Environmental Laws, on the
other hand, will involve an evaluation of major environmental statutes and constitutional
provisions on environmental protection. These will be examined for their effectiveness in
promoting healthy and sustainable human societies with due regard for the people and
their inherent needs, as part and parcel of nature.
COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)
Students are expected to have a basic understanding and thorough appreciation of the
various legislative enactments and administrative issuances pertaining to natural resources.
They are also expected to gain the confidence to declare whether or not these laws and
regulations have achieved the desired objective of preserving the nation’s resources and in
protecting and preserving the environment not only for the benefit of the present
generation but also for generations yet unborn. And if found to be wanting, to find ways
and propose solutions on how to make it more efficient and effective. The emphasis will be
on environmental degradation (air, water and land pollution), including toxic and hazardous
substances, and their prevention and preservation; but students will also learn about
energy law, the protection of wildlife, and resource and land use.
Nat Res / Env Laws Syllabus Page 1 of 17
LEARNING OUTCOMES / OBJECTIVES (LOs)
Knowledge / Remembering define, list, recognize
Comprehension / Understanding describe, explain, identify, recognize
Application / Applying choose, demonstrate, implement, perform
Analysis / Analyzing analyze, categorize, compare, differentiate
Synthesis / Creating construct, design, formulate, organize, synthesize
Expected College of Law
Graduate Attributes LEARNING OUTCOMES (LOs)
(ELGAs)
LO1. Explain how law is created and enforced by
Critical and analytical thinking.
executive, legislative, and regulatory bodies during
Effective in written and oral class recitation and discussion.
communication.
LO2. Analyze the practical and policy implications of
Logical reasoning. current and proposed statutes, regulations, judicial
Sound judgment. rulings, legal arguments, and strategies in preparing a
Legal Case.
LO3. Assess client concerns and translating them
into responsive legal arguments and strategies.
Exercise of proper professional and
ethical responsibilities. LO4. Utilize legal research tools to gather
information that aids in the analysis of legal issues in
submitting the Research Paper.
ASSESSMENT/GRADING The student will be graded according to the
SYSTEM: following:
Scope of Work Percentage
Requirements
(Based on the Learning Outcomes) (Weight is based on the
(Individual)
importance of the LO)
LO1; LO2; LO3: Class recitations, Quizzes,
Individual
Case Digests, and discussion
LO4: Research Paper, Case Study
Class standing before Midterms Individual 16.67%
Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100%
Nat Res / Env Laws Syllabus Page 2 of 17
Design or the structure of the course that includes content/
topics to be covered; learning resources to be used; weekly
LEARNING PLAN: schedule of the topics to be taken up; and the learning methods
to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.
Learning Learning
TOPIC/CONTENT Date
Resources Methods
Course Introduction
Aug. 10-15, Lecture
Syllabus
2020 Discussion
Overview, assignments, requirements
MODULE 1:
Legal Framework on
Natural Resources and the
Environment.
ARTICLE I - National Territory
1. Magallona vs. Exec. Sec., G.R. No. 187167,
July 16, 2011
ARTICLE II - Principles and State
Policies
Sec. 15 - right to health
Recitation
2. Henares vs. LTFRB, G.R. No. 158290, Oct.
23, 2006 Syllabus Case study and
reporting
Sec. 16 - right to healthful ecology
Textbooks Aug. 17-22,
3. Oposa vs. Factoran, G.R. No. 101083, July 2020 Lecture
30, 1993 Supreme Court
Decisions Discussion
Sec. 22 - right of indigenous people
Quiz
4. Carino vs. Insular Govt. , 212 US 449, Feb.
23, 1909
5. Cruz vs. Sec of DENR, G.R. No. 135385,
Dec. 6, 2000
Sec. 25 - local autonomy
6. SJS vs. Atienza, G.R. No. 156052, Mar. 7, 2007
ARTICLE III - Bill of Rights
Sec. 7 - right to information
7. Chavez vs. PEA-AMARI, G.R. No. 133250,
July 9, 2002
Nat Res / Env Laws Syllabus Page 3 of 17
Learning Learning
TOPIC/CONTENT Resources Date
Methods
MODULE 1: continued
ARTICLE X - Local Autonomy
Sec. 4 - power of supervision over
LGUs
8. Tano vs. Socrates, G.R. No. 110249, Aug.
21, 1997
ARTICLE XII - National Economy
and Patrimony
Sec. 1 - exploration of natural
resources
9. Miners Asso. vs. Factoran, G.R. No.
98332, Jan. 6, 1995
10. Alvarez vs. PICOP, G.R. No. 162243,
Nov. 29, 2006
Recitation
Sec. 3 - lands of the public domain
Syllabus Case study
11. Sec. of DENR vs. Yap, G.R. No. 167707, Aug. 24-29, and reporting
Oct. 8, 2008 2020
Textbooks
Lecture
Sec. 5 - ancestral lands
Supreme Court
12. Alcantara vs. COSLAP, G.R. No.
Decisions Discussion
145838, July 20, 2001
Quiz
Sec. 7 - acquisition of private lands
13. Cheesman vs. IAC, G.R. No. 74833,
Jan. 21, 1991
Sec. 10 - Filipino first policy
14. Manila Prince Hotel vs. GSIS, G.R. No.
122156, Feb. 3, 1997
ARTICLE XIII - Social Justice
Sec. 6 - agrarian reform
15. Corpuz vs. Sps. Gorospe, G.R. No.
135297, June 8, 2000
Sec. 7 - rights of fishermen
16. People vs. Maceren, G.R. No. L-32166,
Oct. 18, 1977
- END -
Nat Res / Env Laws Syllabus Page 4 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 2: FORESTRY
A. Governing Law - Forestry Reform
Code (P.D. 705; Sections 1- 83): May
19, 1975
B. Policy - (Sec. 2, P.D. 705; Sec. 2;
Sec. 3; Sec. 4, Art. XII, 1987
Constitution)
C. Definition of Terms - (Sec. 3)
17. Mustang Lumber vs. CA, G.R. No.
104988, June 18, 1996
D. Organizational Structure - Recitation
(Sec. 4; Sec. 6; Sec. 7; Sec. 8; Sec. 10)
Syllabus Case study and
reporting
E. Jurisdiction of the Bureau of Textbooks
Aug. 31-Sept. 5,
Forest Development - (Sec. 5) 2020
Lecture
Supreme Court
Decisions Discussion
F. Rule-Making Power - (Sec. 9)
Quiz
G. Classification and Survey -
(Secs. 15 - 18)
18. Yngson vs. Sec. of Agriculture, G.R. No.
L-36847, July 20, 1983
19. International Hardwood vs. U.P., G.R.
No. 521518, Aug. 13, 1991
20. Republic vs. Naguiat, G.R. No. 134209,
Jan. 24, 2006
21. Sec. of DENR vs. Yap, G.R. No. 167707,
Oct. 8, 2008
- continued next page -
Nat Res / Env Laws Syllabus Page 5 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 2: continued
H. Utilization and Management -
(Secs. 19 - 67)
22. Tan vs. Director of Forestry, G.R. No.
L-24548, Oct. 27, 1983
23. Oposa vs. Factoran, G.R. No. 101083,
July 30, 1993
24. Provident Tree Farms vs. Batario, G.R.
No. 92285, March 28, 1994 Recitation
Syllabus Case study
and reporting
I. C ri m i n a l O f f e n s e s a n d Textbooks Sept. 7-12,
Penalties - (Secs. 68 - 80) 2020 Lecture
Supreme Court
Decisions Discussion
25. Momongan vs. Omipon, AM No.
MTJ-93-874, March 14, 1995 Quiz
26. Mustang Lumber vs. CA, G.R. No.
104988, June 18, 1996
27. People vs. Que, G.R. No. 120365, Dec.
17, 1996
28. Dagudag vs. Paderanga, AM No.
RTJ-06-2017, June 19, 2008
- END -
Nat Res / Env Laws Syllabus Page 6 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 3: WATER
A. Governing Law - The Water
Code (P.D. 1607: Sections 1 -
101): Dec. 31, 1976
B. Objectives and Underlying
Principles - (Chap. 1; Articles 1 -
4)
C. Ownership of Waters - (Chap.
2; Articles 5 - 8)
Recitation
D. Appropriation of Waters - Syllabus Case study
(Chap. 3; Articles 9 - 30) and reporting
Textbooks Sept. 14-19
2020 Lecture
1. Citizenship Requirement Supreme Court
Decisions Discussion
2. Filing of Application
Quiz
E. Utilization of Waters - (Chap.
4; Articles 31 - 52)
1. Prohibitions and conditions for
use of waters
29. Remman Enterprises vs. Court of
Appeals, G.R. No. 125018, Apr. 6, 2000
- continued next page -
Nat Res / Env Laws Syllabus Page 7 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 3: continued
F. Control of Waters - (Chap. 5;
Articles 53 - 65)
30. Lovina vs. Moreno, G.R. No.
L-17821, November 29, 1963
G. Conservation and Protection
of Waters and Watersheds and
Related Land Resources - (Chap.
6: Articles 66 - 78)
31. Sta. Rosa Realty vs. Court of Recitation
Appeals, G.R. No. 112526, October 12,
2001 Syllabus Case study
and reporting
Textbooks Sept. 21-26
H. Administration of Waters and 2020 Lecture
Enforcement of the Provisions of Supreme Court
this Code - (Chap. 7: Articles 79 - 89) Decisions Discussion
Quiz
32. Tanjay Water District vs. Gabaton,
G.R. No. L-63742, April 17, 1989
33. Metro Iloilo Water District vs. CA,
G.R. No. 122855, March 31, 2005
I. Penal Provisions - (Chap. 8:
Articles 90 - 94)
J. Transitory and Final
Provisions (Chap. 9: Articles 95 -
101)
- END -
Nat Res / Env Laws Syllabus Page 8 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 4: CLEAN WATER
A. Governing Law - Clean Water
Act of 2004 (R.A. 9275; Sections 1
- 36): Mar. 22, 2004
B. Declaration of Policy - (Sec. 3;
pars. a - j)
C. Definition of Terms - (Sec. 4)
D. Water Quality Management
System - (Secs. 5 - 12)
E. Water Pollution Permits and
Charges - (Secs. 13 -14)
Recitation
1. Financial Liability Mechanism
- (Secs. 15 - 18)
Syllabus Case study and
reporting
F. Institutional Mechanism -
Textbooks Sept. 28-Oct. 3
(Secs. 19 - 24)
2020 Lecture
34. Alexandria Condominium vs. Supreme Court
LLDA, G.R. No. 169228, Sept. 11, Decisions Discussion
2009
Quiz
35. MMDA vs. Concerned Residents
of Manila Bay, G.R. Nos. 171947, Feb.
15, 2011
G. Incentives and Rewards -
(Secs. 25 - 26a
H. Civil Liability / Penal
Provisions - (Secs. 27 - 29)
I. Actions - (Sec. 30)
36. Shell Pilipinas vs. Jalos, G.R. No.
179918, Sept. 8, 2010
- END -
Nat Res / Env Laws Syllabus Page 9 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 5:
PROTECTED AREAS
A. Governing Law - “National
Integrated Protected Areas System
Act of 1992” (R.A. 7586, June 1,
1992, as amended by R.A. 11038,
June 22, 2018)
B. Declaration of Policy - (Sec. 2)
C. Categories of Protected Areas Recitation
- (Sec. 3)
Syllabus Case study
and reporting
D. Definition of Terms - (Sec. 4, Textbooks Oct. 5-10
pars. 1-13) 2020 Lecture
Supreme Court
Decisions Discussion
E. Establishment and Extent of
the System - (Secs. 5) Quiz
F. P r o t e c t e d A r e a a n d
Management Board - (Secs. 11)
G. Integrated Protected Areas
Fund - (Secs. 16)
H. Prohibited Acts - (Secs. 20)
37. PICOP Resources vs. Base Metals,
G.R. No. 136509, Dec. 6, 2006
- END -
Oct. 12-17
MID TERM EXAMINATIONS 2020
Nat Res / Env Laws Syllabus Page 10 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 6:
INDIGENOUS PEOPLES
A. G o v e r n i n g L a w - “ T h e
Indigenous Peoples’ Rights Act of
1997” (R.A. 8371: Sections 1-84):
October 29, 1997
B. Declaration of State Policies -
(Sec. 2)
C. Definition of Terms - (Sec. 3)
Recitation
D. Rights to Ancestral Domain - Syllabus Case study
(Chap. 3, Secs. 4-12) and reporting
Textbooks Oct. 19-24
2020 Lecture
E. N a t i o n a l C o m m i s s i o n o n Supreme Court
Indigenous Peoples - (Chap. 7; Decisions Discussion
Secs. 38-50)
Quiz
F. Jurisdiction and Procedures
for Enforcement of Rights -
(Chap. 9; Secs. 65-68)
G. Punishable Acts - (Sec. 72)
38. Carino vs. Insular Government, 212
US 449, Feb. 23, 1909
39. Cruz vs. Sec. of Environment, G.R.
No. 135385, Dec. 6, 2000
- END -
Nat Res / Env Laws Syllabus Page 11 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 7: CLEAN AIR
A. Governing Law - “Clean Air Act
of 1999 (R.A. 8749; Sections 1-12),
June 23, 1999
B. Declaration of Principles -
(Sec. 2)
C. Declaration of Policy - (Sec. 3)
Recitation
Syllabus Case study and
D. Recognition of Rights - (Sec. 4) reporting
Textbooks Oct. 26-30
2020 Lecture
Supreme Court
E. Air Quality Management - Decisions Discussion
(Chap. 2; Secs. 15)
Quiz
F. Pollution from Stationary
Sources - (Secs. 19)
40. MMDA vs. JANCOM Environment
Corp., G.R. No. 147465, Jan. 30, 2002
- continued next page -
Nat Res / Env Laws Syllabus Page 12 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 7: continued
A. Pollution from Motor Vehicles
- (Sec. 21)
41. Henares vs. LTFRB & DOTC, G.R.
No. 158290, Oct. 23, 2006
H. Pollution from Other Sources
- (Sec. 24)
I. P o l l u t i o n f r o m O t h e r Recitation
Pollutants - (Sec. 30)
Syllabus Case study
and reporting
Textbooks Nov. 3-7
2020 Lecture
J. Institutional Mechanisms - (Sec.
Supreme Court
34)
Decisions Discussion
42. Ortigas & Co. vs. FEATI Bank, G.R. No.
Quiz
L-24670, Dec. 14, 1979
43. Technology Developers vs. CA, G.R.
No. 94759, Jan. 21, 1991
K. Actions - (Sec. 40)
44. AC Enterprises vs. Frabelle Properties,
G.R. NO. 166744, Nov. 02, 2006
- END -
Nat Res / Env Laws Syllabus Page 13 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 8: BIOFUELS
A. Governing Law - “Biofuels Act of
2006” (R.A. 9367; Sections 1 - 21),
Jan. 12, 2007
B. Declaration of Policy - (Sec. 2)
C. Definition of Terms - (Sec. 3)
D. Phase out of use of Harmful
Recitation
Gasoline Additives - (Sec. 4)
Syllabus Case study
Nov. 9-14 and reporting
E. Mandatory use of Biofuels -
Textbooks 2020
(Sec. 5)
Lecture
Supreme Court
45. Henares vs. LTFRB & DOTC, G.R. No.
Decisions Discussion
158290, Oct. 23, 2006
Quiz
F. Incentive schemes - (Secs. 6)
G. Role of government agencies -
(Sec. 7)
H. Prohibited Acts - (Sec. 12)
I. Penal Provisions - (Sec. 13)
- END -
Nat Res / Env Laws Syllabus Page 14 of 17
Learning Learning
TOPIC/CONTENT Date
Resources Methods
MODULE 9: FISHERIES
A. Governing Law - “Philippine
Fisheries Code of 1998” (R.A. 8550,
Sections 1-133): February 25, 1998
B. Declaration of Policy - (Sec. 2)
C. Definition of Terms - (Sec. 4)
D. Municipal Fisheries - (Sec. 16) Recitation
Syllabus Case study
and reporting
Nov. 16-21
E. Commercial Fisheries - (Sec. Textbooks
2020
26) Lecture
Supreme Court
Decisions Discussion
F. Prohibitions and Penalties - Quiz
(Secs. 86)
46. Shell vs. Jalos, G.R. No. G.R. No.
179918. Sept. 8, 2010
- END -
Nat Res / Env Laws Syllabus Page 15 of 17
TOPIC/CONTENT Learning Learning
Date
Resources Methods
MODULE 10: MINING
A. Governing Law - “Philippine
Mining Act of 1995” (R.A. 7942:
Sections 1-116): March 3, 1995
B. Declaration of State Policies -
(Sec. 2)
C. Definition of Terms - (Sec. 3)
D. O w n e r s h i p o f M i n e r a l
Resources - (Sec. 4)
Recitation
E. Mineral Agreements - (Sec. 26) Case study
Syllabus
and
47. La Bugal-B’laan Tribal Association vs. Nov. 23-28 reporting
Textbooks
Ramos, G.R. No. 127882. Jan. 27, 2004 2020
Lecture
Supreme Court
48. Didipio Earth-Saver’s Multi-purpose Decisions
Association vs. Gozun, G.R. No. 157882. Discussion
Mar. 30, 2006
Quiz
F. Settlement of Conflicts - (Sec.
77)
G. Government Share - (Sec. 80)
H. Incentives - (Sec. 90)
I. Penal Provisions - (Sec. 1010)
- END -
Dec. 12-17
FINAL EXAMINATIONS 2020
Nat Res / Env Laws Syllabus Page 16 of 17
Laws and Jurisprudence
on Land Registration,
Environment and Natural Resources
TEXT BOOK /
REFERENCE BOOK By:
ASG Marissa B. Dela Cruz-Galandines &
Prof. Joseph Ferdinand M. Dechavez
POLICIES:
Policies and values that the teacher might want to communicate through the syllabus
concerning attendance, participation, academic integrity (e.g. plagiarism, cheating,
fabrication), missing assignments, missed exams, recording classroom activities, online
behavior during synchronous sessions, etc.
1. Attendance will be checked every meeting.
2. Students who are called to recite but absent shall get a grade of 60.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.
Prepared by:
________________________
Atty. Gallant D. Soriano
Faculty, College of Law
Approved by:
_________________________
Atty. Marciano G. Delson
Dean, College of Law
July 30, 2020
Date Prepared by the Faculty
Nat Res / Env Laws Syllabus Page 17 of 17