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1.

What are the top 3 natural resource and environmental (NRE) issues facing the
Philippines today? Provide a brief description of each.
For the past decades, the country has been facing a number of natural
resource and environmental issues but the top 3 include water pollution,
deforestation, and air pollution.
Pollution refers to the presence in or introduction of harmful substances with
poisonous effects into our environment which naturally affect the purity of our water
and air. Water pollution in the Philippines has brought about a water sanitation crisis
in the country. Because of such, a significant number (105 million) of Filipinos rely on
unsafe and unsustainable water sources. Also brought about pollution is the crisis in
the availability of safe air quality. In 2019, the Philippines was reported to have
unsafe air.
Deforestation is the act of clearing a wide area of trees. This can be for
reason of conversion of forest lands to farms, roads, and other urban uses. It is
basically the destruction of forest lands through cutting of forest trees. Throughout
several generations, there has been a huge drop as to the land area of which
constitutes forests in the Philippines, and this is mainly due to illegal logging and
deforestation activities.

2. Among the 3, which the is most important issue to tackle? Which Should the
government and other stakeholders prioritize and why?
Looking into the bigger picture as to where the country is currently situated in
terms of facing these NRE issues, I would say that deforestation is the most
important to tackle.
The rampant and indiscriminate cutting, felling, and harvesting of timber and
other forest trees continues to plague the Philippines and if not immediately
addressed by the government and other stakeholders would undoubtedly lead to
deforestation. Deforestation equals the devastation of our forest resources and if
continuously unabated, will result to persistent typhoons, floods, inundation, and
other calamities which will have a greater effect in the economy in the long run. In
fact, closing our eyes and putting an earmark on the issue on deforestation will
create an intergenerational issue, putting at harm not only the current socio-
economic conditions but also that of future generations.
The fight against deforestation has been addressed by countries all over the
world as a global community. In 2007, the United Nations adopted a new
International Agreement which aims to protect the world’s forests and consequently
the sustainability of all humanity and the world that we live in. The agreement sets a
standard in forest management that would reduce and prevent deforestation and
promote sustainable livelihoods. The agreement is not legally binding but
nevertheless is urging countries to cooperate and each create national laws to further
its goals. This is especially relevant to our country for we house a significant number
of forest-dependent peoples.
As a nation, our government’s response to this worldwide battle against
deforestation is to pass and issue numerous laws and regulations through the
Department of Environment and Natural Resources (DENR), as the implementing
agency. To further curb the pernicious evil of illegal logging activities, an agreement
between DENR and the Department of Justice (DOJ) resulted to the issuance of a
guideline entitled The Primer on Illegal Logging. The primer was compiled to do away
with the burden of going through a maze of related laws and has been one of the
main laws for reference in cases involving illegal logging. Apart from this, we have
the Forestry Code, the Chainsaw Act, and jurisprudence to guide us in interpreting
forestry cases.
What we face now actually is not a problem on the lack of laws and
regulations. The problem lies in the actual implementation and monitoring of such
illegal activities. To cite, a number of cases involving illegal logging has been decided
by the courts and what is apparent is that the cases are mostly involving forest lands
situated in Visayas and Mindanao where entities and individuals engage in illegal
logging activities and transport them to the main cities indiscriminately and under the
noses of authorities. The larger number of incidents from the two islands can be
attributed to the lack of the national authority’s presence locally. Forestry laws and
regulations are issued by the national government and relayed and delegated on to
the regional branches for them to implement to the local communities in their
respective regions. The link, however, weakens when the actual people sitting in
these regional branches are living in the same communities as those of the logging
contractors. They too, as with the forest-dependent peoples, engage in businesses
and daily activities with such entities which hinder effective law implementation. With
this current set-up with the authorities, there must be action on the part of the
national government to ensure the religious implementation of forestry laws and set
into place periodic reviews. The absence and/or non-implementation of laws and
controls already in place is the biggest threat in our fight against this national battle
towards preventing deforestation. There is a dire need to strictly implement our
forestry laws from the highest-ranking authorities down to the lowest to set a clear
message to the people that our forests are our gems and that as the government, it is
their mandate to protect it at all costs.
In any problem-solving measure, the first step should always be identifying
roles in the situation. This is applicable even in NRE issues. Extra-legal actions may
be taken in the form of information coming from local residents identifying illegal
loggers. This localized source of information is then transmitted to the authorities for
investigation. The efficient identification of these individuals and entities is the
primary and most important step towards the goal of totally shutting down illegal
logging activities. If a local informant is rewarded reasonable incentives for helping
protect their communities and livelihoods, then a strong cooperation may be
achieved.
The effect of such regulations against illegal logging will affect the demand of
domestic supply of wood and will force the government to resort to other resources
that may be utilized. A scattered thrust of resources is also one way to lessen the
harsh impacts on focusing on one, in this case, forest lands.
The Philippine biodiversity is one of the largest in the world but unfortunately
is listed as one of the most threatened and the main threat is illegal logging. Forests
are the country’s first line of defense against natural calamities. They help mitigate
disasters such as flash floods and landslides. If the government, us as a people, and
other stakeholders do not prioritize this battle with deforestation, then we are posing
the threat of not just deforestation but extinction of the generations to come. A single
tree cut today affects the lives of tomorrow’s unborn.

3. Identify at least one example of a “sticky problem” related to NRE in the Philippines
and illustrate why you consider it so, including overlapping issues, stakeholders
affected, institutions/actors responsible, jurisdictional concerns and so on.
Upland community of farmers have, for the past 2 to 3 decades migrated to
forest areas in search for work and livelihood. Through time, they have developed the
areas to farms, rice fields, and other crop fields. These migrations contributed to the
steady devastation of forest resources by way of the “cut and burn” method of
clearing logged over areas left by the commercial loggers as a result of their “cut and
run” activities. Through generations, settlers have been living through the same
means as it provides for their families’ basic needs and with the idea that they may,
through time and continues tilling, claim title over their respective cleared areas.
These large entities that engage in commercial-scale logging conduct their
businesses in the remaining portions of the same forest lands as with the settlers.
While both the farm-dependent communities and the large entities harvest from the
same forest lands, unfortunately, the farmers are not aware of the law and whether
the operations by the entities are illegal or not. So, farmers are sometimes, because
of poverty, forced to work for these entities.
Take for example when a farmer, who settled in a forest land, is arrested by
the authorities for transporting lumber and other forest products and his chainsaw
confiscated. The chainsaw was not his. He borrowed it only from the logging
operators in his community in the forest lands to help him conduct his livelihood more
efficiently. The logging operators allow him to use their machines (chainsaw) in
exchange for a portion of their harvest. Which is usually an unconscionable portion of
it. They have created this practice of a “barter trade” which lasted for decades. It has
become a vicious cycle but a sufficient means of each of their livelihoods. The farmer
is contending that he did not do anything illegal for he was merely harvesting
products of the trees he planted from “his land”.
Here, it is of no importance that the trees he felled and transported were
planted by himself. The cutting of any tree in any public land requires a permit. The
Forestry Code is a special law and therefore does not look into the intent but in the
mere violation of the law, it being mala prohibita. Sadly, the farmer does not have any
means to secure the needed permits.
A sticky situation now arises when the farmers are alleging a claim of title
over their respective cleared areas in the forest land for being its occupants and
stewards since time immemorial. Most often then not, the refuse to vacate the said
lands until they are relocated and/or compensated. Due to compassion, the
government is forced to deal with the issue. Despite the fact that forest lands are not
disposable and alienable, the government cannot outright order the farmers to vacate
the area taking into consideration the plight of these poor people. Where the lands
are cleared and tilled by the farmers, a strong bond of sentiment forms between them
and the land. This is what urges them to demand ownership over the land but to
which the law exactly prohibits its disposition to private ownership, that after all, it is
of public domain and can never be the subject of alienation.
The government has to balance its resolution considering that by outright
ejectment of the farmers will surely create an adverse economic impact on them.
Under the doctrine of parens patriae, the State is supposed to take care of its people
particularly to those who cannot help and protect themselves from adversities in life.
This sticky situation calls for the sound judgment of the government for the promotion
of public welfare in terms of social, economic, political, public order and public policy
to the end in view that in enforcing the law, through its proper agency having
jurisdiction on this matter, like the DENR and other line agencies, the welfare of the
farmers must be dealt with accordingly and on the contrary, enforce the law for them
to be ejected from the area in issue. A solution must be created in a situation where
the farmers will be hurt most if ejected from the place and at the same time negate
the purpose of the law if not enforced fully. By providing relocation, financial
assistance and livelihood opportunities, the sticky problem will be resolved
accordingly, in a win-win solution attitude.
In as much as government desires to uplift the lives of the marginalized and
as it is their vow to do so, it is at the same time their duty and obligation to uphold the
laws and preserve and protect the environment. In the process, the government must
see to it that economic activities is sustained by supporting private enterprise to
which commercial loggers belong concededly to partner with government for raising
revenues so that the right taxes are paid and collected to defray the expenses of
government for the maintenance of basic services. The situation calls for the joint
efforts of the community, the private enterprise, and the government in order to
address this NRE issue. Accordingly, the government must take the lead in this
endeavor. On the other hand, the business sector through its enterprise, should
contribute its role by providing necessary commercial activities. The people, lastly,
are required to cooperate.

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1https://rainforests.mongabay.com/20philippines.htm
2https://www.philstar.com/headlines/2018/03/04/1793446/recovering-philippines-forest-cover
3https://news.un.org/en/story/2007/04/217222-un-adopts-new-international-agreement-protect-
worlds-forests
4 Law and Ecology: Environmental Law and Policy in the Philippines, Prof. Antonio G.M. La Vina, JSD

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