Natural Resources and Energy Laws of the Philippines: A CSE Guide

Environment Management and Protection in the Civil Service Exam is not only about pollution and waste. It also covers how the country owns and manages its natural resources and energy. This guide groups the main laws by resource, explains the constitutional principle behind them, and highlights two Supreme Court cases every examinee should know.

The starting point: the Regalian doctrine

Article XII, Section 2 of the 1987 Constitution provides that all lands of the public domain, waters, minerals, coal, petroleum, forests, wildlife and other natural resources are owned by the State. Their exploration, development and use are under the State’s full control and supervision. This principle is called the Regalian doctrine.

The State may develop resources directly or through agreements with Filipino citizens or corporations at least 60% Filipino-owned.

The lead agency for land, forests, minerals and biodiversity is the DENR; for energy, it is the Department of Energy (DOE).

Land and minerals

• RA 7942 (1995), the Philippine Mining Act, governs mineral agreements, environmental protection in mining areas and the rehabilitation of mined-out land. It is implemented by the Mines and Geosciences Bureau of the DENR.

Forests

• PD 705 (1975), the Revised Forestry Code, governs the classification, management and protection of forest lands, including the rules against illegal logging.
• Executive Order No. 26 (2011) launched the National Greening Program, which aimed to plant 1.5 billion seedlings on 1.5 million hectares from 2011 to 2016. It was later expanded.

Water

• PD 1067 (1976), the Water Code, declares that all waters belong to the State and requires water permits for their use.
• RA 9275 (2004), the Clean Water Act, deals separately with water pollution.
• RA 4850 (1966) created the Laguna Lake Development Authority to manage Laguna de Bay, the country’s largest lake.

Energy

Law	What it does
RA 9513 (2008), Renewable Energy Act	Promotes solar, wind, hydro, biomass and geothermal energy; introduced net metering
RA 9367 (2006), Biofuels Act	Requires blending bioethanol with gasoline and biodiesel with diesel
RA 11285 (2019), Energy Efficiency and Conservation Act	Makes energy efficiency a national way of life, with standards for appliances and buildings
RA 11697 (2022), Electric Vehicle Industry Development Act	Promotes electric vehicles and charging stations
RA 10771 (2016), Philippine Green Jobs Act	Gives incentives to businesses that create environment-friendly jobs

Net metering lets a household or business with solar panels export excess electricity to the grid and receive credits on its electricity bill.

The Philippines is also one of the world’s leading producers of geothermal energy, thanks to its many volcanic areas.

Biodiversity

The Philippines is one of about seventeen megadiverse countries, with a very high number of species and many found nowhere else. It is also a biodiversity hotspot, because many of those species are threatened.

Species often asked about:

• Philippine eagle: declared the national bird in 1995; critically endangered.
• Tamaraw: a small wild buffalo found only on Mindoro.

Protection comes mainly from RA 9147 (2001), the Wildlife Act, and RA 11038 (2018), the Expanded NIPAS Act on protected areas.

Two landmark cases

Oposa v. Factoran (1993). A group of children, through their parents, challenged timber licence agreements. The Supreme Court recognised their standing to sue on behalf of future generations, applying the constitutional right to a balanced and healthful ecology. The case is known worldwide for the principle of intergenerational responsibility.

MMDA v. Concerned Residents of Manila Bay (2008). The Supreme Court ordered government agencies to clean up and rehabilitate Manila Bay through a continuing mandamus, requiring them to report on their progress regularly.

The big idea: sustainable development

All these laws aim at sustainable development: using resources today without compromising the ability of future generations to meet their needs. It balances economic growth, social well-being and environmental protection.

How to study this topic

1. Learn the Regalian doctrine first; it explains why the State controls resources.
2. Group laws by resource: minerals, forests, water, energy, biodiversity.
3. Remember the two cases and their principles: future generations (Oposa) and continuing mandamus (Manila Bay).
4. Practise with our natural resources and energy laws questions and the environment set.