Discussion 4

Question 1

• is the primary DENR unit which deals with matters pertaining to environmental management, conservation, and pollution control.

Answer 1

Environmental Management Bureau (EMB)

Question 2

Environmental Crime Detection and Investigation are?

Answer 2

1. Facts and Evidence
2. Choosing the right forum

Question 3

1. Gathering Facts and Evidence steps are?

Answer 3

Step 1: Know What the Violation/s and Identify Essential Facts

Step 2: Identify the Essential Evidence Needed

Step 3: Gather and Preserve the Evidence

Step 4: Prepare the Necessary Affidavits/Complaints/Pleadings

Step 5: File the Complaint/Pleading with the Proper Agency or Office

Step 6: Monitor the Progress of the Case and Render Assistance

Question 4

Complaints for violations of environmental laws have to be filed in the proper forum or court in order to result in a conviction, otherwise, these cases will simply be dismissed on a technicality.

Answer 4

Choosing the Right Forum

Question 5

should have jurisdiction to hear and try the cases.

Answer 5

court or forum

Question 6

Kinds of Philippine Courts and Forums

Answer 6

1. Quasi-judicial
2. Alternative dispute resolution
3. Judicial courts

Question 7

• an organ of government, other than a court or legislature, which affects the rights of private parties through either adjudication or rule-making.

Answer 7

1. Quasi-judicial

Question 8

The proceedings normally partake the character of judicial proceedings although it is exercised by an administrative body granted the authority to promulgate its own rules and regulations.

Answer 8

1. Quasi-judicial

Question 9

act like courts by hearing cases, receiving and evaluating evidence, and deciding and adjudicating on issues, but they are outside the regular structure of the judiciary.

Answer 9

administrative bodies or agencies
1. Quasi-judicial

Question 10

Quasi-judicial Agencies

Answer 10

1. The Pollution Adjudication Board (PAB)
2. The Mines Adjudication Board (MAB)
3. National Commission on Indigenous Peoples (NCIP)

Question 11

• is the quasi-judicial body of the DENR which hears and decides various pollution cases under Republic Act No. 3931 (Pollution Control Law), Presidential Decree No. 984 (National Pollution Control Decree of 1976), the Clean Water Act of 2004 (RA No. 9275), and the Clean Air Act (RA No. 8749).

Answer 11

1. The Pollution Adjudication Board (PAB)

Question 12

The Pollution Adjudication Board (PAB)
is the quasi-judicial body of the DENR which hears and decides various pollution cases under ?

Answer 12

Republic Act No. 3931 (Pollution Control Law),

Presidential Decree No. 984 (National Pollution Control Decree of 1976),
Clean Water Act of 2004 (RA No. 9275),

Clean Air Act (RA No. 8749).

Question 13

Complaints filed with the DENR regional offices and with the Provincial and City Environment and Natural Resources Officers (PENRO and CENRO) shall be brought before the ___

Answer 13

Th Pollution Adjudication Board (PAB)

Question 14

It can also initiate cases and complaints on its own initiative.

Answer 14

The Pollution Adjudication Board (PAB)

Question 15

Has the power to issue cease and desist orders (CDOs), impose fines and penalties for violations, order execution of its judgment and decisions, and cite persons for direct or indirect contempt for failure to follow its orders.

Answer 15

The Pollution Adjudication Board (PAB)

Question 16

• disputes involving mining rights fall under the jurisdiction of this agency and its Panel of Arbitrators.

Answer 16

2. The Mines Adjudication Board (MAB)

Question 17

2. The Mines Adjudication Board (MAB)
   These disputes include the following:

Answer 17

a. Rights to mining areas;
b. Mineral agreements and permits; c. Surface owners, occupants, and claimholders/concessionaires.

Question 18

• is the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect, and promote the right of IPs.

Answer 18

3. National Commission on Indigenous Peoples (NCIP)

Question 19

This involves any process or procedure used to resolve a dispute or controversy with means other than by the adjudication of a presiding judge or an officer of a government agency and in which a neutral third party assists in the resolution of issues.

Answer 19

Alternative Dispute Resolution

Question 20

It is a range of conflict resolution in processes which take the place of litigation in court.

Answer 20

Alternative Dispute Resolution

Question 21

Special Remedies are?

Answer 21

1. Temporary Environmental Protection Orders (TEPOs) and Environmental Protection Orders (EPOs)
2. Writ of Kalikasan
3. Writ of Continuing Mandamus
4. Citizen Suit

Question 22

given that environmental threats, as well as existing environmental damage, necessitate an immediate relief if further damage is to be averted.

Answer 22

1. Temporary Environmental Protection Orders (TEPOs) and Environmental Protection Orders (EPOs) -

Question 23

• as an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve, and rehabilitate the environment.

Answer 23

EPO environmental protection order

Question 24

• defined as a remedy available to any person, natural or juridical, whose constitutional right to a balanced and healthful ecology is violated or threatened to be violated by an unlawful act or omission by any person, including the government, involving environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants of two or more cities or provinces.

Answer 24

2. Writ of Kalikasan

Question 25

It is considered the first of its kind in the world, and will protect Filipinos and the environment from egregious environmental harm.

Answer 25

2. Writ of Kalikasan

Question 26

- a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed which shall remain effective until judgement is fully satisfied.

Answer 26

3. Writ of Continuing Mandamus

Question 27

-defined in the rules as: "Any Filipino citizen in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under environmental laws.

Answer 27

4. Citizen Suit

Question 28

Upon filing of a citizen suit, the court shall issue an order which shall contain a brief description of the cause of action and the reliefs prayed for, requiring all interested parties to manifest their interest to intervene in the case within 15 days from notice thereof.

Answer 28

4. Citizen Suit

Question 29

- is a phenomenon that finds its roots in US litigation.

Answer 29

Strategic Lawsuit Against Public Participation (SLAPP)

Question 30

suits are considered environmental mainly due to the reality that underlying such disputes is a conflict over natural resources the exploitation of which requires consultations with the community to be affected, where some proponents opt for the SLAPP route especially when community opposition strong.

Answer 30

SLAPP Strategic Lawsuit Against Public Participation (SLAPP)