PINEDA, ALLYSSA Y.

INTERN

GREEN LAWS - This section will give you an overview of the most common environmental violations under the green
laws. Green laws are those that deal with the protection, conservation, utilization and development of forests, other
land-based natural resources, and wildlife. Green is the color used since lands and forests are generally supposed to be
green. Land-based wildlife also consider the forests as their habitat, thus, they are included under the green laws.

. The Revised Forestry Code and the Chain Saw Act Some of the most common violations of environmental laws in the
Philippines, a tropical country endowed with forest resources, are that of the Presidential Decree (PD) No. 705, or more
commonly known as the Revised Forestry Code. It has been described as the most violated law in cases brought before
the courts,31 yet not much has been done to curb this. Although enacted in the 1970’s, it is still the primary law which
governs the management, utilization, use, development, and protection of forest lands. Closely related to the Forestry
Code is RA No. 9175, or the Chain Saw Act of 2002. The law complements the Forestry Code and serves to curb illegal
logging by regulating the use and possession of a chain saw while punishing its illegal use, given that chain saws are
widely used in the destruction of the forest. The DENR shall regulate the sale, distribution, and use of the chain saw and
only those specifically authorized by the DENR shall be allowed to use and possess it.32 The two laws specifically punish
the following acts which are most commonly violated (for a detailed list of environmental laws, violations and penalties,
see AnnexA):

1. 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. Transporting illegally cut timber and forest
products are also covered here.
2. Unlawful occupation or destruction of forest and grazing lands (Section 78, PD No. 705): This is done when a
person unlawfully or illegally enters, stays, and occupies forest or grazing land, or destroys the same.
3. Unlawful use of a chain saw (Section 7[4], RA No. 9175): This is done when the favorite tool of illegal loggers, the
chain saw, is used in any manner without a permit or authorization from the DENR.

BLUELAWS- This section will give you an overview of the most common environmental violations under the blue
laws. Referring to the color of the seas, oceans, and other bodies of water, 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.

a. Case Study
The Small Fish v. The Big Fish Early in the morning before dawn, a group of fisherfolk set out to sea to look for
their catch of the day. Reaching their chosen area, they prepared to cast their nets. From their location they
could see the faint lights of other fishing boats. As they continued to set up their nets, they heard the distant
sound of explosions coming from one of the boats farther off. Not wanting any trouble, they chose to ignore it
and began to fish. The fisherfolk continued with their normal routine everyday, while they continue to hear the
sound of explosions from distant boats which even increased as time went by. As the weeks passed, they
noticed that their catch was getting smaller. Most significantly, they noticed that the corrals where the fish live
and breed were slowly being destroyed, presumably because of the explosions they heard. They knew
something was wrong, and that they needed to report this immediately lest they lose their only source of
income and livelihood.

b. Laws

i. The Philippine Fisheries Code of 1998 The primary law on fisheries and aquatic resources in the Philippines is RA No.
8550, or the Philippine Fisheries Code of 1998. The law seeks to manage the country’s fishery and aquatic resources in a
manner consistent with an integrated coastal area management and to protect the right of fisherfolk, especially of the
local communities. The law applies to all Philippine waters, including the country’s Exclusive Economic Zone (EEZ) and
continental shelf. Since the Philippines is an archipelago, our fisheries laws and other blue laws, in general, are crucial in
protecting our waters and marine resources.

BROWN LAWS - This section will give you an overview of the most common environmental violations under the brown
laws. 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. a. Case Study Dust to Dust
Residents of a town in the Visayas have lived for over half a century under the shadow of one of the country’s oldest
cement plants. Since the 1960s, the cement plant has been expanding and operating, even constructing its own small
power plant to address power shortages in the Visayas. Although it provides jobs for some in the community, it has
come with a high cost: excessive dust emissions have caused serious health problems to the people, such as lung
infections, tuberculosis, and skin problems; and nearby waterways have been polluted with oil and other substances
which has caused several fish kills. The residents, having grown tired of what have been happening for several decades
now, have decided to take action. They reported the matter to their local barangay leaders, only to find out that little or
nothing could be done because the plant owners were well-connected to the local politicians. Hard evidence of
environmental violations would be needed in order to pin down the plant and stop its hazardous operations. b. Laws i.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 The proliferation of toxic and hazardous
substances, the widespread use of nuclear technology, and the transboundary movement of the same called on
governments around the world to put in place regulations to manage the same. In the Philippines, RA No. 6969 was
enacted to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of
chemical substances and CITIZEN’S HANDBOOK ON ENVIRONMENTAL JUSTICE 31 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