• “Don’t say you don’t have enough time.

You
have exactly the same amount of hours per
day that were given to Helen Keller, Pasteur,
Michelangelo, Mother Teresa, Leonardo Di
Vinci, Thomas Jefferson, and Albert Einstein.”
INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND
PROTECTION

Aligned with latest PRC Table of Specifications and CHED Course Contents
 CYBERCRIME

- a crime that involves a computer and a network.

-criminal activities carried out by means of
computers or the internet.
Cyber- refers to a computer or a computer network, the electronic medium in which online communication
takes place
 SALIENT HISTORICAL EVENTS
1834 - first cyberattack in the world.– A couple of robbers hack the French Telegraph System and steal
information from the stock market.

1878 – Early Mobile Calls- young boys repeatedly and purposely misdirecting and disconnecting customer calls
of Bell Telephone Company two years after Alexander Graham Bell invented the machine.

1969 – RABBITS Virus-The University of Washington Data Center downloads a program on a computer from an
unknown user. The inconspicuous machine creates copies of itself before the machine overloads and ceases
running (breeding like a rabbit). It is known to be the first virus on a computer.
 SALIENT HISTORICAL EVENTS
1970-1995 – Kevin Mitnick- penetrates some of the highest-guarded networks in the world, including Nokia and
Motorola, tricking insiders into handing codes and passwords.

1981 – First Cybercrime Conviction- Ian Murphy, aka “Captain Zap,” breaks into the network of AT&T and
alterations the internal clock at peak hours to charge off-hour prices.

1982 – The Logic Bomb- The CIA blows up a Siberian gas pipeline by injecting a code into the network and the
operating system to monitor the gas pipeline without using a bomb or a missile.
 SALIENT HISTORICAL EVENTS
1988 – The Morris Worm- Robert Morris releases what on the Internet will be considered the first worm. To
show that the author is a student there, the worm is released from a computer at MIT.

1989 – Trojan Horse Program- A diskette that appears to be an AIDS information archive is mailed to a UK
electronic journal to thousands of AIDS researchers and subscribers.

1999 – The Melissa Virus-A virus infects Microsoft Word records, transmitting itself via email as an attachment
automatically. It mails out to the first 50 names mentioned in the Outlook email address box of an infected
device
 SALIENT HISTORICAL EVENTS
2010 – The Stuxnet Worm- The world’s first software bomb is a
destructive computer virus that can attack control systems used for
controlling manufacturing facilities.

2016 – DNC Email Leaks-Emails from the Democratic National

Committee were leaked to and released by WikiLeaks prior to the
2016 US presidential election.
 SALIENT HISTORICAL EVENTS
I love You Virus- sometimes referred to as Love Bug or Love Letter
for you, is a computer worm that infected over ten million Windows
personal computers on and after 5 May 2000. It started spreading as
an email message with the subject line "ILOVEYOU" and the
attachment "LOVE-LETTER-FOR-YOU.TXT.vbs."
-created by Onel De Guzman
 BASIC FUNCTIONS OF A COMPUTER

1. Input Function - the process of entering any type of data and

instructions into a computer system. Uses the input devices such as
a Keyboard, Mouse, Scanner, Microphone, etc, in order to receive user
signals to the computer.

2. Central Processing Unit- it processes data of the computer. It takes data

and instructions from the input devices and performs all types of
calculations based on the instructions given. Called "the brain of
computer" as it controls operation of all parts of computer.
 BASIC FUNCTIONS OF A COMPUTER

3. Data Storage- records and preserves digital information.

Types of CPU Storage
Random Access Memory- is a computer's short-term memory, where the data that the processor is currently using is stored. A volatile
memory used to hold instructions and data of currently running programs.
Read Only Memory- a non-volatile memory type. This means it receives data and permanently writes it on a chip, and it lasts even
after you turn off your computer. The data that remains on the ROM cannot be changed and remains forever.

Other Storage
Hard Disk Drive (HDD)- a re-writable permanent memory
Solid State Drive (SSD)- s a new generation of storage device used in computers. It stores data using flash-based memory, which is
much faster than the traditional hard disks they've come to replace
Pen Drives- a plug-and-play portable storage device that uses flash memory that is lightweight.
 11 BASIC FUNCTIONS OF A COMPUTER

4. Output Function - means the results

generated by the computer once the
processing of CPU is completed, based on
the instruction given by the user.
-The output is in the form of documents,
videos, audio, graphs, images, etc. Results
are displayed on your computer screen.
 NOTES

• Computers use 2 binary numbers

• Hash values- can be thought of as fingerprints for files. The
contents of a file are processed through a cryptographic
algorithm, and a unique numerical value is produced that
identifies the contents of the file.
• The word "bit" is an abbreviation for binary digit
1 Byte 8 Bits
1 Kilobyte 1024 Bytes
1 Megabyte 1, 024 Kilobytes
1 Gigabyte 1, 024 Megabytes
1 Terrabyte 1, 024 Gigabytes
1 Petabyte 1, 024 Terabytes
1 Exabyte 1, 024 Petabytes
1 Zettabyte 1, 024 Exabytes
1 Yottabyte 1, 024 Zettabytes
OTHER COMPONENTS OF COMPUTER
SYSTEM

• Computer Case- This is the part that holds all of the parts of a
computer to make up the computer system.
• Motherboard - the main printed circuit board within a
computer, which means it's the primary piece of circuitry that
all of the other pieces plug into to create a cohesive whole.
• Graphics card- is an output device that processes the data
from the motherboard and sends the appropriate information to
the computer’s screen for display.
OTHER COMPONENTS OF COMPUTER
SYSTEM
15
• Power supply unit- converts the Alternating current (AC) mains supply from the
power cord from a wall socket and supplies the correct Direct current (DC)
voltages to all the components inside the computer.
• Monitor- is an output device used to visualize the graphics data sent from the
computer’s graphic`s card.
• Keyboard - device that enables a user to input text into a computer or any other
electronic machinery.
• Mouse - small device that a computer user pushes across a desk surface in order to
point to a place on a display screen and to select one or more actions to take from
that position
 CYBERCRIME OFFENSES

Republic Act 10175- Cybercrime Prevention Act of 2012

Categories
A. Offenses against the confidentiality, integrity and availability of computer data
and systems
B. Computer-related Offenses
C. Content-related Offenses
D. Other Cybercrime Offenses
 A. OFFENSES AGAINST THE CONFIDENTIALITY,
INTEGRITY AND AVAILABILITY OF COMPUTER DATA
AND SYSTEMS

(1) Illegal Access. – The access to the whole or any part of a computer
system without right.

(2) Illegal Interception. – The interception made by technical means

without right of any non-public transmission of computer data to, from,
or within a computer system including electromagnetic emissions from
a computer system carrying such computer data.
A. OFFENSES AGAINST THE CONFIDENTIALITY,
INTEGRITY AND AVAILABILITY OF COMPUTER DATA
AND SYSTEMS

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer
data, electronic document, or electronic data message, without right, including the introduction or transmission of
viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a
computer or computer network by inputting, transmitting, damaging, deleting, or suppressing computer data or
program, electronic document or electronic data message, without right or authority, including the introduction or
transmission of viruses.

Note: Computer data: Any representation of facts, information, or concepts in a form suitable for processing in a
computer system; this includes electronic and digital information and programs
A. OFFENSES AGAINST THE CONFIDENTIALITY,
INTEGRITY AND AVAILABILITY OF COMPUTER DATA
AND SYSTEMS

(5) Misuse of Devices- The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, a device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or computer password, access code, or similar data to be used for
the purpose of committing any of the offenses under this Act.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same, if such a domain name is similar, identical, or
confusingly similar to an existing trademark registered with the appropriate government agency.
B. COMPUTER-RELATED OFFENSES

(1) Computer-related Forgery. —The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, or
the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for
the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing damage thereby with fraudulent intent.
B. COMPUTER-RELATED OFFENSES

(3) Computer-related Identity Theft. – The intentional acquisition, use,

misuse, transfer, possession, alteration or deletion of identifying
information belonging to another, whether natural or juridical, without
right.
C. CONTENT-RELATED OFFENSES

(1) Cybersex. — The willful engagement, maintenance, control, or

operation, directly or indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a computer system, for favor or
consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and

punishable by Republic Act No. 9775 or the Anti-Child Pornography Act
of 2009, committed through a computer system.
C. CONTENT-RELATED OFFENSES

(3) Unsolicited Commercial Communications. — The transmission of

commercial electronic communication with the use of computer system which
seek to advertise, sell, or offer for sale products and services are prohibited
unless. Also known as spam.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of
the Revised.Penal Code, as amended, committed through a computer system.
OTHER CYBERCRIME OFFENSES
24

(a) Aiding or Abetting in the Commission of Cybercrime. – Any

person who willfully abets or aids in the commission of any of the
offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who

willfully attempts to commit any of the offenses enumerated in this
Act shall be held liable.
COMMON TYPES OF INTERNET FRAUD
25

1. Boiler Room- refers to an outbound call center selling questionable investments by telephone. It typically refers
to a room where salesmen work using unfair, dishonest sales tactics, sometimes selling foreign currency stock,
private placements or committing outright stock fraud. The term carries a negative connotation, and is often used
to imply high-pressure sales

2. Romance Scam/Catphishing- false or misleading promises of love and companionship

3. Lottery Scam- involves email, letter or text message you receive about your winnings will ask you to respond
quickly or risk missing out.
COMMON TYPES OF INTERNET FRAUD

4. Card skimming- illegal copying of information from the magnetic strip of a credit or ATM card. The
scammers later create a fake or cloned card with your details on it. The scammer is then able to run up
charges on your account.

5. Phishing- comes from the analogy that Internet scammers are using email lures to fish for passwords
and financial data from the sea of Internet users. Phishing, also called brand spoofing is the creation of
email messages and Web pages that are replicas of existing, legitimate sites and businesses. These Web
sites and emails are used to trick users into submitting personal, financial, or password data.

6. Email spoofing- is the creation of email messages with a forged sender address. The word “spoof”
means “falsified”. A spoofed email is when the sender purposely alters parts of the email to masquerade
as though it was authored by someone else.
COMMON TYPES OF INTERNET FRAUD

7. Nigerian scam- also called 419 scams, are a type of fraud and one of the most common
types of confidence trick. The number “419” refers to the article of the Nigerian Criminal
Code dealing with fraud. A consumer receives a letter concerning the “request for urgent
business transaction”. Typically, after receiving a letter a consumer would respond either by
phone, fax, or email. The response would be a request for further information on the
requirements and procedure for the transaction. Once contact is established, the writer of the
letter will normally ask for an upfront processing fee

8. Check overpayment scam- receiving an offer from a potential buyer which issues a check
with overpayment. The scammer will then ask you to refund the excess amount. The scammer
is hoping that you will do this before you discover that their check has bounced.
 COMMON TYPES OF INTERNET FRAUD

9. inheritance scam- is when a scammer contacts you out of the blue to tell you that you’ve been left, or are
entitled to claim, a large inheritance from a distant relative or wealthy benefactor who has died overseas.

10. Emergency Scam- sometimes referred to as the Grandparent Scam. In the typical scenario, a grandparent
receives a phone call from a con-artist claiming to be one of his or her grandchildren. The caller goes on to say
that they are in some kind of trouble and need money immediately. Typically they claim being in a car accident,
trouble returning from a foreign country or they need bail money.
 INCIDENT RESPONSE, PRESERVATION AND
COLLECTION

• When computer is off – do not turn it on

• If the computer is “ON”, do not turn it “OFF”
• If transport is required, pack the components as “fragile cargo” prior to
transport
• Keep away computer evidence from magnets, transmitters, radio, and other
hostile environment
• In the investigative plan, start with identification, then acquisition,
examination/analysis, reporting, and court presentation
INCIDENT RESPONSE, PRESERVATION AND
COLLECTION
• Observe BWC requirement
• Refuse offers of help/technical assistance from any unauthorized persons
• Latent prints only after e-evidence are collected. Do not use aluminium powders to avoid damage on electronic
data
• Photograph front and back of the monitor, CPU, etc.
• Label all connections for convenient of possible reassembly. Label unused for ports that are not used
• Note computer date and time, and active programs
• Image the RAM. If done, press and hold the power button for 10 seconds.
NOTE

The National Bureau of Investigation (NBI) and the Philippine

National Police (PNP) shall be responsible for the efficient
and effective law enforcement of the provisions of Republic
Act 10175.
CYBERCRIME WARRANTS

1. The Warrant to Disclose Computer Data (WDCD)-

authorizes law enforcers to disclose or submit subscriber’s
information, traffic data, or relevant data in the possession or
control of a person or service provider.
CYBERCRIME WARRANTS
33

What is the duty of the authorized law enforcement officer?

-Within forty-eight (48) hours from implementation or after the expiration of the effectivity of WDCD, the law
enforcement officer shall:
• submit a RETURN to the court that issued it; and
• simultaneously turn over the custody of the disclosed computer data or subscriber’s information

Note: if no return was made, Judge will summon the law enforcement officer to whom the WDCD was issued and
require him to explain why no return was made
CYBERCRIME WARRANTS

2. The Warrant to Intercept Computer Data (WICD)-

authorizes law enforcers to listen, record, monitor, or surveil
the content of the communications through electronic
eavesdropping or tapping devices, while the communication
is occurring.
CYBERCRIME WARRANTS

What is the duty of the authorized law enforcement officer?

Within forty-eight (48) hours from implementation or after the
expiration of the affectivity of WICD, the law enforcement officer
shall:
• submit a return to the court that issued it; and
• simultaneously turn over the custody of the intercepted
communication or computer data
CYBERCRIME WARRANTS

3. The Warrant to Search, Seize, and Examine Computer Data

(WSSECD)- authorizes law enforcers to search the particular place for
items to be seized and/or examined.
-The Rule allows the authorized law enforcer to initially make a forensic
image of the computer on-site, as well as limit their search to the place
specified in the warrant. Otherwise, an off-site search, where the law
enforcer searches the computer outside the place to be searched, may be
conducted.
CYBERCRIME WARRANTS

What must first be done by law enforcement authorities on site?

• Make a forensic image of the computer data
• Limit search to place specified in Warrant
• Try not to seize computer items if search can be done on site

When can off site search be conducted?

• If it is not possible to do search on site
• Forensic image must have been made; Image copy
• Reasons for off -site search must be given in Initial Return
CYBERCRIME WARRANTS

4. The Warrant to Examine Computer Data (WECD)-

authorizes law enforcers to search a computer device or
computer seized during a lawful warrantless arrest or by any
other lawful method.
CYBERCRIME WARRANTS

• The warrants shall only be effective within 10 days from its issuance.
• The court upon motion, extend its effectivity based only on justifiable reasons
for a period not exceeding 10 days from the expiration of the original period.
• Failure to timely file the returns of warrants or to duly turn over to the court’s
custody any of the items disclosed, intercepted, searched, seized, and/or
examined shall subject for contempt.
• Moreover, failure to comply with the orders from law enforcement authorities
shall be punished for obstruction of justice
 ENVIRONMENTAL CONCEPTS AND PRINCIPLES

Natural environment - encompasses all living and non-living things occurring naturally, meaning in this case not
artificial.
Ecosystem- is the basic functional unit of nature. It is the interaction of the community (living components) and the
non-living environment.
Forest Ecosystems- Is a community of trees, shrubs, herbs, microorganisms and animals, the trees being the most
obvious living structure
Freshwater and Wetlands- Areas of marsh, fen, peat land, or water, whether natural or artificial, permanent or
temporary, with water that is static or flowing, fresh, brackish, or salt, including areas of marine water, the depth does
not exceed six meters.
 STATUS AND TRENDS OF BIODIVERSITY

• The Philippines is one of 18 mega-biodiverse countries of the world, containing two-thirds of the earth’s
biodiversity and between 70% and 80% of the world’s plant and animal species.
• The Philippines ranks fifth in the number of plant species and fourth in bird endemism.
• The Philippines is one of the world’s biodiversity hotspots with at least 700 threatened species
• In 2004, threatened faunal species includes 42 species of land mammals, 127 species of birds, 24 species of
reptiles and 14 species of amphibians.
• Threatened 99 plant species, 187 were endangered, 176 vulnerable as well as 64 other threatened species.
ECONOMIC AND SOCIAL PROBLEMS
AFFECTING ENVIRONMENT

•high population growth

•unequal distribution of wealth
•poor performance of the agriculture sector.
•Corruption
•Poverty
•Unemployment
 BASIC RIGHTS IN RELATION TO
ENVIRONMENTAL JUSTICE

1. Sovereignty Over Natural Resources and the Obligation Not to Cause Harm
-gives the State the right to the utilization and benefits over the resources within its territory. It includes the right of
the states to be free from external interference.
2. Principle of Prevention- The Principle of Prevention aims to stop environmental damage even before it occurs or
when it is critical and potential damage may already be irreversible.
3. Precautionary Principle- This principle advocates that the potential harm should be addressed even with minimal
predictability at hand. It is designed to provide the basis for early international legal action to address serious
environmental threats in cases where there is ongoing scientific uncertainty with regard to the causes of these
threats.
BASIC RIGHTS IN RELATION TO
ENVIRONMENTAL JUSTICE
4. Sustainable Development- the process of developing land, cities, businesses, communities, and so forth that
“meets the needs of the present without compromising the ability of future generations to meet their own needs.

5. Intergenerational Equity- supports the Principle of Sustainable Development with respect to holding the natural
resources in trust for future generations. It is defined as “each generation’s responsibility to leave an inheritance
of wealth no less than what they themselves have inherited.

6. Rights-based Approach- the right of persons to environmental protection has the same level as basic human
rights.
 THE SEVEN ENVIRONMENTAL PRINCIPLES

1. Everything is connected to everything else

2. All forms of life are important- thus, the need for biodiversity. All organisms have a role in the ecosystem
3. Everything must go somewhere- too much can cause pollution
4. Ours is a finite earth- the need for conservation
5. Nature knows best- the need for ecological technology. Nature must be obeyed first before it can be
commanded.
6. Nature is beautiful and we are stewards of God’s creation. Divinity in all forms of life. Religion is one of
the most influential aspects that affect values and environment.
7. Everything changes.
•Linear change – evolution of species
•Cyclical Change – influenced by time such as
seasons
•Random Change – eruption of Mt Pinatubo
 INTERNATIONAL UNION FOR THE
CONSERVATION OF NATURE (IUCN)

• IUCN was established in 1948. It was initially called the

International Union for the Protection of Nature and Natural
Resources (1948–1956) and has also been known as the World
Conservation Union (1990–2008).
• This is an international organization working in the field of nature
conservation and sustainable use of natural resources.
• Its headquarters are in Gland, Switzerland
 CLASSIFICATION OF ENVIRONMENTAL LAWS

• Green Laws- are those that deal with the protection, conservation, utilization and development of forests, other
land-based natural resources, and wildlife.
• Blue Laws- refer to laws which deal with the protection, conservation and utilization of waters, marine life, and
aquatic resources. Blue laws encompass both inland waters such as rivers, lakes, and streams, and the seas and
oceans, whether part of the country’s territory or not.
• Brown Laws- refer to laws and rules which deal with pollution control and the regulation of activities which could
affect the environment. These laws and rules include those which control hazardous and toxic wastes and
chemicals, solid waste management, and rules on the conduct of environmental impact assessments.
 GREEN LAWS

• Presidential Decree 705- Revised Forestry Code

• Republic Act 9175- Chain Saw Act of 2002
• Republic Act 9147- Wildlife Resources Conservation and Protection Act
• Republic Act 7586 - National Integrated Protected Areas System
(NIPAS) Act
• Republic Act No. 7942- Mining Act of 1995
• Republic Act No. 7076- People’s Small-Scale Mining Act.
 GREEN LAWS

Most Common Violations under RA 9175 and PD 705

• Illegal logging (Section 77, PD No. 705)- This is the cutting, gathering, or collecting
timber or other forest products without the necessary permit from the government.

• Unlawful occupation or destruction of forest and grazing lands(Section 78, PD No.

705)- a person unlawfully or illegally enters, stays, and occupies forest or grazing land,
or destroys the same. The usual violators are the Kaingeros the slash and burn farmers.
This can also be violated through illegal mining and illegal forest settling.
 GREEN LAWS

• Dipterocarp forest - dominated by trees of the dipterocarp species, such as red lauan, tengile, tiaong, white lauan,
almon, bagtikan and mayapis.

• Alienable and disposable lands- refer to those lands of the public domain which have been the subject of the
present system of classification and declared as not needed for forest purposes.

• Forest lands- include the public forest, the permanent forest or forest reserves, and forest reservations.

• Grazing lands are lands where grass or grass-like vegetation grows and is the dominant form of plant life,
and are used mainly for animal production.
 POINTS TO CONSIDER

• Trees on private lands: There is no cutting permit required for ordinary species (DMC# 97-23 & DMC# 99-20.
Sec. 2). Ordinary species are species which are not premium/endemic hardwoods
• up to 10 trees may be cut within a private property without a permit. DENR approval is required if more than 10
trees are involved.
• Civil Code of the Philippines that states:“Article 680. If the branches of any tree should extend over a neighboring
estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar
as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the
land of another, the latter may cut them off himself within his property.”
 GREEN LAWS

• Actual Unlawful Use of Chain Saw. - Any person who is found to be in

possession of a chain saw and uses the same to cut trees and timber in
forest land or elsewhere except as authorized by the Department shall be
penalized with imprisonment of six (6) years and one (1) day to eight (8)
years or a fine of not less that Thirty thousand pesos (P30,000.00) but not
more than Fifty thousand pesos (P50,000.00).
• The chain saw unlawfully used shall be likewise confiscated in favor of
the government.
 PERSONS AUTHORIZED TO POSSESS AND
USE A CHAIN SAW

(a) with timber license agreement- A long-term license executed between the Secretary of the DENR and the grantee
for the harvesting and removal from the public forest of timber and, in appropriate cases, also of other forest
products
(b) is an orchard and fruit tree farmer- An orchard is an intentional plantation of trees or shrubs that is
maintained for food production
(c) industrial tree farmer- a person who plants and harvests trees for commercialization
(d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been legally sold
(e) shall use the chain saw for a legal purpose.
 GREEN LAWS

RA 9147: The Wildlife Conservation Act

This is the primary law governing the protection of wildlife and
their habitats. The law covers all wildlife species found in all
areas of the country, including protected areas and critical
habitats. It shall also apply to exotic species which are subject to
trade, are cultured, maintained, and/or bred in captivity or
propagated in the country.
 MOST COMMON VIOLATIONS UNDER
RA 9147

1. Killing and destroying wildlife species (Section 27[a])- inflicting injury

which cripples and/ or impairs the reproductive system of wildlife
species(Section 27[b]), gathering or destroying active nests, nest trees, and host
plants(Section 27[g]); and maltreating and inflicting other injuries (Section
27[h]).

2. Trading(Section 27[e]) and collecting, hunting, or possessing- this refers to

the acts of selling or buying, collecting, hunting, or possessing wildlife species.
 MOST COMMON VIOLATIONS UNDER
RA 9147

3. Committing certain acts in critical habitats (Section 27[c])- This takes place
when one of the following is committed in a declared critical habitat: 1) dumping
of waste products detrimental to wildlife; 2) occupying any portion of the habitat;
3) mineral exploration and extraction; 4) burning; 5) logging; and 6) quarrying.

4. Transporting of wildlife (Section 27[i])- This is committed when wildlife

species are transported without the necessary permits, papers, and documentation
from the DENR.
 EXEMPTIONS:

• religious ritual;
• the animal is afflicted with an incurable communicable disease;
• necessary to end misery of the wildlife;
• done to prevent imminent danger to the life or limb of a human being;
or
• killed or destroyed after it has been used in authorized research or
experiment.
 GREEN LAWS

Note: Wildlife may be destroyed, killed, consumed, eaten or otherwise

disposed of, without the necessity permit, for the protection of life,
health, safety and property, and the convenience of the people.

Gratuitous permit- means permit issued to any individual or entity

engaged in noncommercial scientific, or educational undertaking to
collect wildlife;
 GREEN LAWS

• RA 7586: National Integrated Protected Areas System (NIPAS) Act- serves

as the basis for the classification and administration of all designated protected
areas to maintain essential ecological processes and life support systems, to
preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent possible.

• Republic Act No. 11038 amended Republic Act No. 7586. Establishment of
94 protected areas classified as National. Known as ENIPAS law.
KINDS OF PROTECTED AREAS(SECTION 3, RA
NO. 7586)

1. Strict nature reserve;

2. Natural park;
3. Natural monument- relatively small area focused on protection of
small features to protect or preserve nationally significant natural
features on account of their special interest or unique characteristics;
4. Wildlife sanctuary;
KINDS OF PROTECTED AREAS(SECTION 3, RA
NO. 7586)

5. Protected landscapes and seascapes;

6. Resource reserve;
7. Natural biotic areas- is an area set aside to allow the way of life of
societies living in harmony with the environment to adapt to modern
technology at their pace; and
8. Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory.
 MOST COMMON VIOLATIONS UNDER
NIPAS LAW

• Hunting, destroying, disturbing, or mere possession of plants

or animals without permits issued by the Protected Area
Management Board (PAMB).

• Dumping of waste products (Section 20[b]), destroying objects

of natural beauty or of interest to cultural communities,
leaving refuse and debris
GREEN LAWS

As of 2013, there are 240 protected areas in the Philippines covering a total area of 54,500 square kilometers
(21,000 sq mi) – 14.2% of the Philippines' total area.

• Examples:
• Balinsasayao Twin Lake in Negros Oriental
• Mount Kanlaon in Negros
• Chocolate Hills in Bohol
• Apo Island in Negros Oriental
• Tanon strait in Cebu and Negros Oriental
• Olango Island in Cebu
 GREEN LAWS

Philippine Mining Act of 1995 and the People’s Small-Scale Mining Act
The laws that primarily govern mining activities in the Philippines.

Large-scale mining operations- or those done with the use of heavy equipment and machineries, are primarily under the
control and supervision of the DENR and the Mines and Geosciences Bureau (MGB).

Small scale mining- those done with small or artisanal tools, is generally regulated and under the supervision of the DENR
and the local government units (LGUs), through the specific Provincial/City Mining Regulatory Boards (P/CMRBs).
COMMON VIOLATION UNDER THE MINING
LAWS

Causing pollution by willfully violating or grossly neglecting the

environmental compliance certificate (ECC)(Section 108, RA No.
7942)

• Accomplishment of environmental impact assessment (EIA), environmental impact statement (EIS)- will identify
potential impacts of mining in a given area, identify how the operation will be done , propose mitigation measures,
and provide for a rehabilitation and restoration plan.
• An ECC is then issued if the mining company complies with the requirements of the EIS process.
 BLUE LAWS

• Republic Act 8550- The Philippine Fisheries Code of

1998 amended by REPUBLIC ACT NO. 10654

• Republic Act 4850- Laguna Lake Development

Authority (LLDA) Act
MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

1. Poaching (Section 87)- This is simply the fishing by foreigners or by a

foreign vessel within Philippine waters or Philippine territory. The law
only allows Filipinos to use and benefit from the marine resources of the
country.
Philippine Waters –include all bodies of water within the Philippine
territory such as lakes, rivers, streams, creeks, etc. The Philippines has
sovereignty and jurisdiction including the 200-nautical miles Exclusive
Economic Zone and the continental shelf.
 MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

2. Fishing through illegal means- this is

done through any of the following:
• use or possession of explosives, noxious
and poisonous substances, and electricity
• use of fine mesh net except for certain
species (Section 89);
• use of active fishing gear
 MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

• fishing with gear or method that destroys coral reefs and other marine
habitats, such as muro-ami
• use of superlight(Section 93).

Superlight – also called magic light, refers to a type of light using halogen or
metal halide bulb which may be located above the sea surface or submerged in
the water. The source of energy comes from a generator, battery or dynamo
coupled with the main engine.
MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

3. Fishing in prohibited and restricted areas- This type of violation can be any
one of the following:

• commercial fishing in overexploited areas (Section 86);

• fishing in overfished areas and during closed season(Section 95);
• fishing in areas declared as fishery reserves, refuges, and sanctuaries(Section 96);
• violation of catch ceilings (Section 101).
MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

4. Illegal gathering, possessing, catching, and selling of certain marine

species- The violations covered here are the following:

• gathering, sale or export of precious and semi-precious corals(Section 91);

• gathering, selling, or exporting white sand, silica, pebbles, and other
substances of the marine habitat(Section 92);
• fishing of rare, threatened, and endangered species(Section 97).
MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

5. Aquatic Pollution (Section 102)- the introduction by human or machine, of substances to the aquatic environment
which result to deleterious effects as to harm the marine environment and human health.

6. Construction and operation of fish pens without a license/permit and obstruction to navigation or flow and ebb
of tide in any stream, river, lake, or bay- These two forms of violations can directly or indirectly cause pollution
of waterways, siltation, and flooding. The natural flow of the rivers and other bodies of water needs to be
maintained in order to ensure the continued ecological balance of the same.
MOST COMMON VIOLATIONS UNDER THE
PHILIPPINE FISHERIES CODE

Note: The discovery of any person in possession of a fishing gear or

operating a fishing vessel in a fishing area where he has no license
or permit shall constitute & prima facie presumption that the
person is engaged in unauthorized fishing:
Provided, That fishing for daily food sustenance or for leisure
which is not for commercial, occupation or livelihood purposes
may be allowed.
 BROWN LAWS

• Republic Act 6969- The Toxic Substances and Hazardous

and Nuclear Wastes Control Act of 1990
• Republic Act No. 8749- Philippine Clean Air Act of 1999
• Republic Act No. 9275- Philippine Clean Water Act of 2004.
• Republic Act No. 9003- Ecological Solid Waste Management
Act of 2000
 BROWN LAWS

Republic Act 6969- The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
• This law was enacted to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution,
use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the
environment.
• The law covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use
and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in
transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for
whatever purpose.
 BROWN LAWS

• Republic Act No. 8749: Philippine Clean Air Act of 1999- This is the law that primarily governs and regulates
air quality in the Philippines. The law specifically punishes the following act:

Violation of standards for stationary sources and motor vehicles (Sections 45 and 46): RA No. 8749 provides for
emission and other standards which stationary sources (such as factories) and mobile sources (such as motor
vehicles) must follow and comply with. It provides for a system of permits, quotas, and also financial liability for
environmental rehabilitation.
 BROWN LAWS

• Republic Act No. 9275: Philippine Clean Water Act of 2004- The
primary and most recent law dealing with water resources and water
pollution. The law specifically punishes the following act:

1. Water Pollution – This kind of violation specifically includes pollution

of water body (Section 27[a]); groundwater pollution(Section 27[b]);
chemical dumping(Section 27[f]); and illegal discharge(Section 27[i]).
 BROWN LAWS

Republic Act No. 9003, or the Ecological Solid Waste Management Act
of 2000
• This is the law which primarily governs waste management in the
Philippines. One of its declared policies is to ensure the proper
segregation, collection, transport, storage, treatment and disposal of solid
waste through the formulation and adoption of the best environmental
practice in ecological waste management excluding incineration.
 BROWN LAWS

Punishable Acts
• Illegal dumping and disposal of wastes: This includes littering (Section
48[1]), open burning of solid waste(Section 48[3]), and dumping in flood
prone areas (Section 48[6]).
• Illegal dumpsites and waste disposal facilities: This includes establishing
and operating open dumps (Section 48[9]) and construction and operation
of a landfill near a watershed, reservoir, or aquifer (Section 48[16]).
 GREEN LAWS ENFORCEMENT AGENCIES

1. Department of Environment and Natural Resources (DENR)- the national

government agency which primarily deals with the environment and the prime
agency responsible for the conservation, management, development, and proper
use of the country’s environment and natural resources.

2. Forest Management Bureau (FMB)- a DENR unit which handles matters

relating to forest development and conservation.
 GREEN LAWS ENFORCEMENT AGENCIES

3. Land Management Bureau (LMB)- is primarily tasked with matters relating to the
rational classification, management, and disposition of lands. Also, it assist in the
monitoring and evaluation of land surveys, management and disposition of lands to
ensure efficiency and effectiveness; and issue standards, guidelines, regulations and
orders to enforce policies for maximum land use and development.

4. The Parks and Wildlife Bureau (PAWB)- a DENR unit primarily tasked to handle
matters relating to the protection and conservation of wildlife and natural reserves and
other protected areas.
 GREEN LAWS ENFORCEMENT AGENCIES

5. The Mines and Geosciences Bureau (MGB)- is the lead DENR unit which handles
matters pertaining to geology and mineral resources exploration, development, and
conservation.

6. National Bureau of Investigation–Environmental and Wildlife Protection

Investigation Division (NBI-EWPID)- its role is the establishment and maintenance
of a modern, effective and efficient investigative service and research agency. It
investigates crimes and other offenses against the law, both on its own initiative and
as public interest may require.
 BLUE LAWS ENFORCEMENT AGENCIES

1. Bureau of Fisheries and Aquatic Resources (BFAR)- is the government agency responsible for the
development, improvement, management and conservation of the country’s fisheries and aquatic resources.
The BFAR is the lead agency in terms of enforcement of fisheries laws outside of the municipal waters,
wherein it is the LGUs who have jurisdiction. The bureau is under the Department of Agriculture as marine
resources are seen to relate more to the food security needs of the nation.

2. Philippine Coast Guard (PCG)- In general, its functions include maritime search and rescue, law enforcement,
safety and security, and environmental protection. Under the Department of Transportation and Communications
(DOTC). It is the primary law enforcement agency when it comes to maritime related-matters.
 BLUE LAWS ENFORCEMENT AGENCIES

3. Philippine National Police–Maritime Group (PNP-MG)-is a National Operational Support Unit of the
Philippine National Police mandated to perform all police functions over Philippine Waters. This includes: to
enforce the law, prevent and control crimes, maintain peace and order, ensure public safety and internal
security over Philippine islands, coastal areas, ports and harbors to protect and sustain the development of the
maritime environment.
 BROWN LAWS ENFORCEMENT AGENCIES

• Environmental Management Bureau (EMB)- is the

primary DENR unit which deals with matters pertaining to
environmental management, conservation, and pollution
control.
• Other agencies that handle waste management
 ENVIRONMENTAL CRIME DETECTION AND
INVESTIGATION

1. Gathering Facts and Evidence

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
 ENVIRONMENTAL CRIME DETECTION AND
INVESTIGATION

2. Choosing the Right Forum

• 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. The court or forum
should have jurisdiction to hear and try the cases.
 ENVIRONMENTAL CRIME DETECTION AND
INVESTIGATION

1. Gathering Facts and Evidence

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
 KINDS OF PHILIPPINE COURTS AND
FORUMS

1. Quasi-judicial- an organ of government, other than a court or legislature, which affects the rights of private
parties through either adjudication or rule-making. 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. Simply put, these administrative bodies or agencies 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.
2. Alternative dispute resolution
3. Judicial courts.
 QUASI-JUDICIAL AGENCIES

1. The Pollution Adjudication Board (PAB)- 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).
• 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 PAB.
• It can also initiate cases and complaints on its own initiative.
• 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.
 QUASI-JUDICIAL AGENCIES

2. The Mines Adjudication Board (MAB)- Disputes involving mining

rights fall under the jurisdiction of the this agency and its Panel of
Arbitrators. These disputes include the following: a. Rights to mining
areas; b. Mineral agreements and permits; c. Surface owners,
occupants, and claimholders/concessionaires.
 QUASI-JUDICIAL AGENCIES

3. National Commission on Indigenous Peoples (NCIP)- is the primary

government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect, and promote the rights of
IPs.
Although not an agency or a quasi-judicial body.
plays a crucial and important role in the prevention of environmental harm and
degradation since most environmentally critical and endangered areas are
within ancestral lands and ancestral domains owned and managed by IPs/ICCs.
 QUASI-JUDICIAL AGENCIES

2. The Mines Adjudication Board (MAB)- Disputes involving mining

rights fall under the jurisdiction of the this agency and its Panel of
Arbitrators. These disputes include the following: a. Rights to mining
areas; b. Mineral agreements and permits; c. Surface owners,
occupants, and claimholders/concessionaires.
 ALTERNATIVE DISPUTE RESOLUTION

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

1. Temporary Environmental Protection Orders (TEPOs) and Environmental Protection Orders (EPOs)-
given that environmental threats, as well as existing environmental damage, necessitate an immediate relief if
further damage is to be averted.

• EPO- 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.
 SPECIAL REMEDIES

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

3. Writ of Continuing Mandamus- 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 judgment is fully satisfied.
 SPECIAL REMEDIES

Citizen Suit- 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.
Upon the 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.
Strategic Lawsuit Against Public Participation (SLAPP)- is a
phenomenon that finds its roots in US litigation. SLAPP 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 is strong.
“Success doesn’t come
to you, you go to it.”