Professional Documents
Culture Documents
Manila
A REPORT ON
Presented by:
The great Justice Isagani Cruz once referred our Mother Earth as
the giver of life. In his ponencia1, he went on to narrate:
In ancient mythology, Antaeus was a terrible giant who blocked
and challenged Hercules for his life on his way to Mycenae after
performing his eleventh labor. The two wrestled mightily and Hercules
flung his adversary to the ground thinking him dead, but Antaeus rose
even stronger to resume their struggle. This happened several times to
Hercules' increasing amazement. Finally, as they continued grappling,
it dawned on Hercules that Antaeus was the son of Gaea and could
never die as long as any part of his body was touching his Mother
Earth. Thus forewarned, Hercules then held Antaeus up in the air,
beyond the reach of the sustaining soil, and crushed him to death.
1 Association of Small Landowners in the Philippines v. Secretary of Agrarian Reform, G.R. No.
78742, July 14, 1989, 175 SCRA 342; J. Cruz
2 Perry Ong, The Phlippine Biodiversity Crisis; A time Bomb Waiting to Explode.
In our country, various laws have been enacted in order to address
the issue on environmental protection and rehabilitation. It is worth
noting that no less than our 1987 Constitution mandates the protection
and advancement of the right of the people towards a balanced and
healthful ecology in accord with the rhythm and harmony of nature.3
Emphatically, the Constitution provides that all natural resources
belong to the State and the same shall be under its full control and
supervision.4
5 Resident Marine Mammals v. Reyes, G.R. No. 180771, April 21, 2015
6 https://fpe.ph/biodiversity.html/view/the-philippine-key-biodiversity-areas-kbas
7 Idem. at 6
8 Section 4, NIPAS Act
9 https://www.cbd.int/doc/meetings/fin/rmws-2014-03/other/rmws-2014-03-day2-09-en.pdf
6. This represents 13.6% of the countrys land area and about
0.64% of the nations marine territory.10
4. DECLARATION OF POLICIES
10 Idem. at 9
11 Idem. at 9
It is hereby recognized that these areas, although distinct in
features, possess common ecological values that may be incorporated
into a holistic plan representative of our natural heritage; that effective
administration of this area is possible only through cooperation among
national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must
be consistent with the principles of biological diversity and sustainable
development.
5. CATEGORIES
12 Sec. 2, NIPAS
c) Natural monument: a 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
For purposes of the Act, the following terms are defined, to wit:
1. "National Integrated Protected Areas System (NIPAS)"
is 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;
7. BUFFER ZONE
13 Section 8, NIPAS
14 PICOP Resources, Inc. v. Base Metals Mineral Resources Corporation [GR No. 163509, December
6, 2006
natural and historical landmark, protected and managed
landscape/seascape as well as identified virgin forests before the
effectivity of R.A. 7586.15
15 Section 5, a, NIPAS
16 Section 5, b-d, idem.
10. EFFECT OF CONGRESSIONAL ACTION
21 Special People Foundation, Inc. vs. Canda [GR No. 160932, January 14, 2013,
On Ancestral Lands
On Explorations/Surveys
On Mining Operations
24 Resident Marine Mammals vs. Reyes, GR No. 180771, April 21, 2015
The law provides that except as may be allowed by the nature of
their categories and pursuant to rules and regulations governing the
same, the following acts are prohibited within protected areas:
19. PENALTIES