Resources
Fisheries Code (Republic Act No. 8550)
The Code makes provision for the management and conservation of fisheries and aquaculture in the Philippines and the reconstitution or establishment of fisheries institutions both at the national and local level.The text consists of 133 sections which are divided into 8 Chapters: Chapter 1 declares the policy of the State with respect to fisheries and contains a large definitions section. It is a declared policy to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens. Another principle of policy is the protection of municipal fishermen. Fishery and aquatic resources shall be managed in a manner consistent with the concept of integrated coastal area management. Definitions listed in section 4 include: coastal area/zone; commercial fishing; municipal waters; foreshore land; maximum sustainable yield; post harvest facilities.
Laguna Lake Development Authority (LLDA) v. Court of Appeals
The Supreme Court affirmed the right of environmental government agencies to issue urgent reliefs to meet the laudable objective of giving vitality to the constitutional right to environment.
Director of Forestry, et al. v. Muñoz, et al.
One of the first cases to acknowledge that forests constitute a vital segment of any country's natural resources and that denudation would result in ill effects for the environment.
1987 Constitution of the Republic of the Philippines
The 1987 Constitution of the Philippines was enacted under President Corazon C. Aquino's administration. Previous Constitutions that governed the country were the 1986 Freedom Constitution, 1973 Constitution, 935 Commonwealth Constitution as well as Constitutions drafted and adopted under President Jose P Laurel in 1943 and President Emilio Aguinaldo in 1898.
Shell Philippines Exploration B.V. v. Jalos et al.
The Supreme Court recognized the harmful and deleterious effects of a Shell underwater gas pipeline to the marine life in Palawan.
Oposa v. Factoran
The Supreme Court enunciated the doctrine of inter-generational responsibility and the standing to sue in environmental cases of unborn children.
MMDA v. Concerned Residents of Manila Bay
The Supreme Court required government agencies to maintain the prescribed water quality standards of Manila Bay even in the absence of a specific pollution accident. The Court’s directives focused on three main areas: (i) prevention, control, and protection; (ii) prosecution and sanctions; and (iii) rehabilitation. To ensure compliance with the Court’s directives, it used the principle of continuing mandamus, which was not codified in Philippine statutes at the time of the case’s promulgation.
Tan v. Director of Forestry
The Supreme Court recognized the importance of forest resources and its exhaustibility.
Social Justice Society (SJS) et al. v. Atienza
The Supreme Court highlighted the importance of the environment as a vital public interest within the ambit of police power and general welfare on the level of local government units. Through this case, the Supreme Court was able to call on local government units to enact and implement rules to regulate acts that may create public health and environmental impacts.
Tano v. Socrates
The Supreme Court balanced two important values: (a) the right of subsistence fishermen in the utilization of the natural resources; and (b) the authority of the local government unit to protect marine resources