A Survey
A Survey
of Philippine Laws
of Philippine Laws
on Enviro
on Enviro
nmen
nmen
t
t
and Natural Resources
and Natural Resources
Rodolfo Ferdinand N. Quicho, Jr.,
Constitution and the Environment
Constitution and the Environment
Preamble
Preamble
“We, the sovereign Filipino people… in
“We, the sovereign Filipino people… in
order to build a just and humane society and
order to build a just and humane society and
establish a government that shall…
establish a government that shall…
conserve
conserve
and dev
and dev
elop our patrim
elop our patrim
ony
ony
…
…
under the ru
under the ru
le
le
of law and a regime of truth, justice, freedom,
of law and a regime of truth, justice, freedom,
lov
lov
e, equali
e, equali
ty
ty
, and
, and
peace, do
peace, do
ord
ord
ai
ai
n and
n and
promulgate this Constitution.”
Constitution and the Environment
Constitution and the Environment
Principles and State Policies
Principles and State Policies
Right to Health
Right to Health
The State shall protect and promote the right to health of the
The State shall protect and promote the right to health of the
people and instill health consciousness among them.
people and instill health consciousness among them. (Art. II,(Art. II,
Sec. 15)
Sec. 15)
Right to Balanced Ecology
Right to Balanced Ecology
The State shall protect and advance the right of the people
The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the
to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
rhythm and harmony of nature. (Art. II, Sec. 16)(Art. II, Sec. 16)
Oposa v. Factoran
Oposa v. Factoran
General Welfare
General Welfare
The main
The maintenance of peace and tenance of peace and order, the protecorder, the protection of life,tion of life,
liberty, and property,
liberty, and property, and promotion of the general welfand promotion of the general welfareare
are essential for the enjoyment by all the people of the
are essential for the enjoyment by all the people of the
blessings of democracy.
Constitution and the Environment
Constitution and the Environment
Bil
Bil
l of R
l of R
ights
ights
Right to Life (Due Process Clause)
Right to Life (Due Process Clause)
No person shall be deprived of life, liberty, or
No person shall be deprived of life, liberty, or
prop
prop
erty without due process of
erty without due process of
law, nor sh
law, nor sh
all any
all any
person be denied the equal protection of the laws.
person be denied the equal protection of the laws.
(Art. III, Sec. 1)
(Art. III, Sec. 1)
Right to Information
Right to Information
Right to free speech and free association
Constitution and the Environment
Constitution and the Environment
National Economy and Patrimony
National Economy and Patrimony
Goals of the national economy
Goals of the national economy
eq
eq
uitable d
uitable d
istribution
istribution
of
of
op
op
po
po
rtun
rtun
ities, in
ities, in
come, and
come, and
wealth
wealth
sustained increase in the amount of goods and
sustained increase in the amount of goods and
services produced by the nation for the benefit of
services produced by the nation for the benefit of
the
the
peo
peo
ple
ple
expanding productivity as the key to raising the
expanding productivity as the key to raising the
quality of life for all, especially the underprivileged.
Constitution and the Environment
Constitution and the Environment
National Economy and Patrimony
National Economy and Patrimony
State ownership of natural resources
State ownership of natural resources
All lands of the public domain, waters, minerals,
All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of
coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber,
potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural
wildlife, flora and fauna, and other natural
resources are owned by the State
resources are owned by the State
–
– Carino v. ICarino v. Insular Governmnsular Governmentent –
– Cruz v. NCIPCruz v. NCIP
Natural resources inalienable, except agricultural
Natural resources inalienable, except agricultural
lands
Constitution and the Environment
Constitution and the Environment
Mode
Mode
s of
s of
utilizatio
utilizatio
n of
n of
NR
NR
Direct u
Direct u
tiliza
tiliza
tion by the State
tion by the State
Co-prod
Co-prod
uction,
uction,
joint ve
joint ve
ntur
ntur
e, prod
e, prod
uction sh
uction sh
aring with
aring with
Filipinos (60% rule)
Filipinos (60% rule)
Small-scale utilization
Small-scale utilization
Technical or financial assistance
Technical or financial assistance
Land classification
Land classification
Agricultural
Agricultural
Forest or timber
Forest or timber
Mineral lands
Mineral lands
National Parks
National Parks
Limits of forest lands and national parks
Limits of forest lands and national parks to be determinedto be determined
by Congress, clearly marking metes and bounds on the
by Congress, clearly marking metes and bounds on the
ground
Constitution and the Environment
Constitution and the Environment
ICCs/IPs
ICCs/IPs
Protect rights of ICCs to their ancestral lands
Protect rights of ICCs to their ancestral lands
Applicability of customary laws on property relations
Applicability of customary laws on property relations
Ownership and extent of ancestral domains
Ownership and extent of ancestral domains
Social Function of Property
Social Function of Property
Use of property be
Use of property be
ars social f
ars social f
uncti
uncti
on
on
Economic agents to contribute to common good
Economic agents to contribute to common good
Distributive justice (
Distributive justice (
State can interve
State can interve
ne when common
ne when common
good demands)
Constitution and the Environment
Constitution and the Environment
Social Justice and Human RightsSocial Justice and Human Rights
Ecological considerations
Ecological considerations in agrarian reformin agrarian reform
P
Preferereferential use ntial use of marine resources by of marine resources by subsistencsubsistence fishermene fishermen
Rights of women
Rights of women Prote
Protect working womect working women thn thru safe and ru safe and healthful healthful worworking conditionsking conditions
Facilities and opportunities that will enhance their welfare and
Facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation
enable them to realize their full potential in the service of the nation
People’s Organizations
People’s Organizations
Encourage non-gov, CB or sectoral orgs that promote welfare of
Encourage non-gov, CB or sectoral orgs that promote welfare of
nation
nation
Respe
Respect role of indct role of independent POsependent POs
POs – bona fide associations of citizens with demonstrated
POs – bona fide associations of citizens with demonstrated
capacity to promote public interest and with identifiable leadership,
capacity to promote public interest and with identifiable leadership,
membership, structureLocal Autonomy
membership, structureLocal Autonomy
Ensure autonomy
General Environmental Laws
General Environmental Laws
PD 1151 (Environmental Policy)PD 1151 (Environmental Policy)
Policy
Policy
Create, develop, maintain, improve conditions where humans and
Create, develop, maintain, improve conditions where humans and
nature can thrive
nature can thrive
Fulf
Fulfill ill the sociathe social, l, ecoeconomic and other requiremenomic and other requirements nts of present andof present and
futu
future generatiore generationsns
Ensure attainment of environmental quality conducive to a life of
Ensure attainment of environmental quality conducive to a life of
dignity and well-being
dignity and well-being
Goals
Goals
Recognize, discharge and fulfill responsibilities of each generation
Recognize, discharge and fulfill responsibilities of each generation
as trustee
as trustee
Assure people of safe, decent, productive, and aesthetic
Assure people of safe, decent, productive, and aesthetic
environment
environment
Widest exploitation of environment without degrading it
Widest exploitation of environment without degrading it
Preserve important historic and cultural aspects of Phil. Heritage
Preserve important historic and cultural aspects of Phil. Heritage
Attain balance between population and resource use
Attain balance between population and resource use
Improve utilization of renewable and non-renewable resources
General Environmental Laws
General Environmental Laws
PD 1151 (Environmental Policy)
PD 1151 (Environmental Policy)
Recog
Recog
nition of
nition of
Right to
Right to
healthy env
healthy env
ironment
ironment
IES
IES
PD 1152
PD 1152
Air Quality Management
Air Quality Management
W
W
ater Quality Manage
ater Quality Manage
ment
ment
Land Use Management
Land Use Management
Natural Resource Management & Conservation
Natural Resource Management & Conservation
W
General Environmental Laws
General Environmental Laws
PD 1586PD 1586
Established the EIS System
Established the EIS System
Envir
Environmentally Criticonmentally Critical al PProjectsrojects
Envir
Environmentally Critical onmentally Critical AreasAreas
P
PD D 984, Pollution Control Law984, Pollution Control Law
Defines Pollution
Defines Pollution
Alteration of the physical, chemical, and biological properties of any
Alteration of the physical, chemical, and biological properties of any
water, air and/or land resources, or any discharge thereto of any
water, air and/or land resources, or any discharge thereto of any
liquid, gaseous, or solid wastes as will or is likely to create or
liquid, gaseous, or solid wastes as will or is likely to create or
render them harmful, d
render them harmful, detrimetrimental or injurious to publental or injurious to public health,ic health,
safety, or welfare or which will adversely affect their utilization for
safety, or welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural, recreational, or other
domestic, commercial, industrial, agricultural, recreational, or other
legitimate purposes.
legitimate purposes.
Mead v. Argel
General Environmental Laws
General Environmental Laws
RA 6969, Toxic Substances and Hazardous Wastes Control ActRA 6969, Toxic Substances and Hazardous Wastes Control Act
Objectives:
Objectives:
Keep an inventory of chemicals imported, manufactured, used
Keep an inventory of chemicals imported, manufactured, used
Monitor and regulate importation, manufacture, processing,
Monitor and regulate importation, manufacture, processing,
handling
handling, storage, transport, sale, distri, storage, transport, sale, distribution, use and bution, use and disposadisposal of l of
chemic
chemical al substancessubstances
Inform and educate populace on hazards and risks
Inform and educate populace on hazards and risks
Prevent entry of hazardous and nuclear wastes
Prevent entry of hazardous and nuclear wastes
Hazardous Substances and Nuclear Wastes
Hazardous Substances and Nuclear Wastes
Hazardous substances – present short-term acute hazards or risk
Hazardous substances – present short-term acute hazards or risk
of fire or explosion; or long-term environmental hazards
of fire or explosion; or long-term environmental hazards
Hazardous wastes – without any safe comm’l, ind’l, agri, eco
Hazardous wastes – without any safe comm’l, ind’l, agri, eco
usage, and brought to the Philippines for dumping
usage, and brought to the Philippines for dumping
Nuclear wastes – hazardous wastes made radioactive by exposure
Nuclear wastes – hazardous wastes made radioactive by exposure
to radia
Forestry Law
Forestry Law
PD 705,
PD 705,
Rev
Rev
ised Forestry Cod
ised Forestry Cod
e of 1
e of 1
975
975
Defines forest – 18% slope rule
Defines forest – 18% slope rule
Utilization – requires contract, concession, permit,
Utilization – requires contract, concession, permit,
license, or lease
license, or lease
Defines Illegal Logging, among others
Defines Illegal Logging, among others
Without legal Without legal documents documents Anywhere Anywhere Timber or other Timber or other forest products forest products Posses Posses Without authority Without authority
Private land or
Private land or
A&D land A&D land Timber Timber Cut, gather, Cut, gather, collect, remove collect, remove Without authority Without authority Forest land Forest land Timber or other Timber or other forest products forest products Cut, gather, Cut, gather, collect, remove collect, remove Condition Condition Source Source Object Object Mode Mode
Forestry Law
Forestry Law
EO 263, CBFM
EO 263, CBFM
CBFM
CBFM
as national strateg
as national strateg
y
y
Social justice concern
Social justice concern
Entrusts responsibility for forest rehabilitation, protection,
Entrusts responsibility for forest rehabilitation, protection,
and conservation to
and conservation to communicommunities, ties, and affand affords themords them
equitable access to the forest and coastal resources
equitable access to the forest and coastal resources
Tenurial instruments
Tenurial instruments
CBFMA CBFMA CBFMA-PA CBFMA-PA CADC CADC CALC CALCMining
Mining
RA 7076, People’s Small-Scale Mining Act of 1991
RA 7076, People’s Small-Scale Mining Act of 1991
Small-scale Mining Program – DENR
Small-scale Mining Program – DENR
Achieve orderly, systematic, rational scheme for small-scale
Achieve orderly, systematic, rational scheme for small-scale
development and utilization of mineral resources in certain
development and utilization of mineral resources in certain
areas to address social, eco, tech, and envi problems
areas to address social, eco, tech, and envi problems
connected with s
connected with small-mall-scale mining activitiesscale mining activities
Definitions
Definitions
Small-scale mining – relies heavily on manual labor using
Small-scale mining – relies heavily on manual labor using
simple implements, do not use explosives or heavy
simple implements, do not use explosives or heavy
equipment
equipment
Small-Small-scale miners – scale miners – Filipino citizens, individuallFilipino citizens, individually or y or as aas a
group, voluntarily form a cooperative, licensed by DENR to
group, voluntarily form a cooperative, licensed by DENR to
engage in extraction of minerals or ore-bearing materials
engage in extraction of minerals or ore-bearing materials
Mining area
Mining area
No more than 20 has.
Mining
Mining
RA 7942 (Mining Act of 1995)RA 7942 (Mining Act of 1995)
Areas for mineral operations
Areas for mineral operations All mineral reso
All mineral resources in puburces in public or privlic or private lands, incluate lands, including tding timbeimber or r or
forestlands open to mineral agreements or financial or technical
forestlands open to mineral agreements or financial or technical
agreement applications.
agreement applications.
3 Modes
3 Modes of Mineral Agreemeof Mineral Agreementsnts
Mineral production sharing agreement
Mineral production sharing agreement
Co-production agreement
Co-production agreement
Joint venture agreement
Joint venture agreement
Financial or Technical Assistance Agreement
Financial or Technical Assistance Agreement
Quarry Resources
Quarry Resources
Quarry permits for building
Quarry permits for building and construction materiand construction materials withals with
provincial/city government
Biodiversity
Biodiversity
Republic Act 7586, NIPAS Act
Republic Act 7586, NIPAS Act
Protected Areas
Protected Areas
Identified portions of land and water set aside by reason of
Identified portions of land and water set aside by reason of
their unique physical
their unique physical and biological signifiand biological significance, cance, managedmanaged
to enhance biological diversity, and protected against
to enhance biological diversity, and protected against
destructive human exploitation.
destructive human exploitation.
Management Legislation
Management Legislation
PAMB PAMB Zoning Zoning GMPS & PA-MPS GMPS & PA-MPSProcess Legislation
Process Legislation
Biodiversity
Biodiversity
RA 9147, Wildlife Resources Conservation and
RA 9147, Wildlife Resources Conservation and
Protection Act of 2001
Protection Act of 2001
Wildlife
Wildlife
W
Wild formild forms and s and varievarieties of flora and fauna, in allties of flora and fauna, in all
develop
developmental stages, mental stages, including those which are in cincluding those which are in captivityaptivity
or are being bred or propagated.
or are being bred or propagated.
Bioprospecting
Bioprospecting
Research, collection and utilization of biological and genetic
Research, collection and utilization of biological and genetic
resources for purposes
resources for purposes of applying the knowledge deriveof applying the knowledge derivedd
therefrom for commercial purposes
therefrom for commercial purposes
Access to biodiversity
Access to biodiversity
Gratuitous permit for non-commercial scientific or
Gratuitous permit for non-commercial scientific or
educational research
educational research
Bioprospecting for
Bioprospecting for commercommercialcial
Registration of threatened and
Biodiversity
Biodiversity
EO 247,
EO 247,
Guideline
Guideline
s f
s f
or the Prospecting of Biolog
or the Prospecting of Biolog
ical and
ical and
Genetic Resources, 1995
Genetic Resources, 1995
Permits
Permits
Gratuitous, Academic Research Agreement
Gratuitous, Academic Research Agreement
Commercial, Commercial Research
Commercial, Commercial Research AgreemAgreementent
Prior Inf
Prior Inf
ormed Consent of local and indige
ormed Consent of local and indige
nous
nous
cultural communities
cultural communities
Benefits of Filipinos
Benefits of Filipinos
Par
Participation in ticipation in researchresearch
Royalties to communities, in commercial
Royalties to communities, in commercial
Access to information
Access to information
Permit fees
Law on Fisheries
Law on Fisheries
RA 8550, The Philippine Fisheries Code of 1998
RA 8550, The Philippine Fisheries Code of 1998
Prov
Prov
ide
ide
s f
s f
or f
or f
isheries m
isheries m
anag
anag
ement
ement
DA-BFAR
DA-BFAR
Exclusive use of Filipinos
Exclusive use of Filipinos
Local Management
Local Management
Municipal waters Municipal waters FARMC FARMCSub-sectors
Sub-sectors
Municipal fisheries Municipal fisheries Commercial fisheries Commercial fisheries Aquaculture Aquaculture Processing ProcessingIndigenou
Indigenou
s
s
Peoples
Peoples
RA 8371
RA 8371
(I
(I
PRA)
PRA)
Recogniti
Recogniti
on
on
of rights
of rights
Ancestral domains and lands
Ancestral domains and lands
–
– CADT and CALTCADT and CALT
Self-Governance and Empowerment
Self-Governance and Empowerment
–
– Free and Prior Informed ConsentFree and Prior Informed Consent –
– Indigenous forms of governmentIndigenous forms of government –
– Indigenous modes of settling disputeIndigenous modes of settling dispute