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Bautista, BJ G.

BS Crim 3-B The primary responsibility of the PNP is to assist


Environmental Laws and Protection the DENR and other tasked government
agencies in the conduct of anti-crime
operations implementing appropriate
Chapter IX
environmental, cultural, and natural resources
PNP MASTER PLAN SANGYAMAN protection laws

Philippine National Police has a campaign


plan named SANGYAMAN. It is the PNP’s Master 2. Employment of both territorial units/offices
Plan to Help Protect and Preserve Our and selected NSUs in the conduct of an all-
Environment, Cultural Properties and Natural out sustained campaign to protect and
Resources. preserve our environment, natural heritage
and natural resources should be executed in
tandem with concerned government
This master plan prescribes the guidelines agencies.
to be followed by tasked PNP Units/Offices in
assisting lead government agencies in the
enforcement of laws over Philippine territorial BROAD OBJECTIVES
waters, lakes, rivers, mountain ranges, forest, to To protect, conserve and develop our
include laws and ordinances that have been set environment and natural resources, in coordination
forth to preserve, protect and enhance our with and in direct support of all concerned
environment and natural resources, in close government agencies.
coordination with the Department of the
Environment and natural resources, Department of
Agriculture, National Museum and other tasked SPECIFIC OBJECTIVES
government agencies and non-government
organizations. 1. Protect Lives – People must learn to
properly utilize and protect our
environment, cultural properties and
OBJECTIVES natural resources.
2. Enhance Public Safety – Public Safety
To protect, conserve, and develop our remains to be the top priority of the PNP.
environment and natural resources, in coordination Destruction of lives and property caused by
with and indirect support of all government continues misuse, abuse, and malpractices
agencies. of the people on our natural resources must
be fully stopped in order to protect these
resources and promote public safety.
STRATEGIC CONCEPT Hence, the PNP, being deputized to enforce
1. Operationalization of Integrated environmental laws, should relentlessly
Area/Community Public Safety Plan conduct operation that would effect the
arrest and conviction of violators and
One of the areas of concern embodied in the preempt the same from ensuring.
integrated Area/Community Public Safety is the
protection of the environment and natural
resources/ As part of the strategic concept, the Community Participation in the protection,
INTEGRATED AREA COMMUNITY PUBLIC conservation and development of environment and
SAFETY PLAN (IA/CPSP) is the blue print of the natural resources. Community participation is an
protection of lives and properties in a given indispensable element in the protection,
locality and its concept requires the total conservation and development of natural
mobilization of all available programs that will resources. The realization of the vision to live in a
involve the civilian, Police and Military community with vast source of natural resources
components of society. and an environment worthy of emulation will come
about through the voluntary community support feed and wetland conversation, which
and cooperation to environmental protection law cause similar hazards and deleterious
enforcement, prevention and control activities. effects shall also constitute aquatic
pollution.
5. Aquatic Resources – include fish, all other
DEFINITION OF TERMS aquatic flora and fauna and other living
resources of the aquatic environment,
1. Aqua Culture – fishery operations involving
including but not limited to see corals.
all forms of raising and culturing fish and
6. Antiques – are cultural properties found
other fishery species in fresh, brackish,
locally which are one hundred years or
marine areas
more of age or even less, but their
2. Air Pollutant – means any matter found in
production having ceased, they have,
the atmosphere other than oxygen,
therefore, become or are becoming rare.
nitrogen, water vapor, carbon dioxide, and
7. Artifacts – are articles which are products
inert gases in their natural or normal
of human skills or workmanship, especially
concentrations, that is detrimental to health
in the simple product of primitive arts or
or the environment, which includes but
industry representing past eras or periods.
limited to smoke, dust, soot, cinders, fly
8. Artificial Reefs – any structure of natural or
ash, solid particles of any kind, gasses,
man-made materials placed on a body of a
fumes, chemical mists, steam and radio-
water to serve as shelter and 2habitat,
actives substances.
source of food, breeding areas for fishery
3. Air Pollution – means any alteration of the
species, and shoreline protection.
physical, chemical and biological properties
9. Catch Ceilings – refers to the annual catch
of the atmospheric air, any discharge
limits allowed to be taken, gathered or
thereto of any liquid, gaseous or solid
harvested from any fishing area in
substances that will or is likely to create or
consideration of the need to prevent over
to render the air resources of the country
fishing and harmful depletion of breeding
harmful, detrimental, or injurious to public
stocks of aquatic organism.
health, safety or welfare or which will
10. Chemical substance – means any organic or
adversely affect their utilization for
inorganic substance of a particular
domestic, commercial, industrial,
molecular identity including any
agricultural, recreational, or other
combination of such substances occurring in
legitimate purposes.
whole or in part as a result of chemical
4. Aquatic Pollution – the introduction by
reaction or occurring in nature.
human or machine, directly or indirectly of
11. Closed Season – the period during which
substances or energy to the aquatic
the taking of the specified fishery species by
environment which result or is likely to
a specified fishing gear is prohibited in a
result in such deleterious effect as to harm
specified area or areas in Philippine waters.
living and non-living aquatic resources, pose
12. Commercial Fishing – the taking of fishery
potential and/or real hazard to human
species by passive or active gear for trade
health, hindrance to aquatic activities such
business or profit beyond subsistence or
as fishing and navigation, including
sports fishing.
dumping/disposal of waste and other
13. Coral Reef – a natural aggregation of coral
marine litters, discharge of petroleum or
skeleton with or without living corals
residual products of petroleum or
polyps, occurring in intertidal and subtidal
carbonaceous material/substances and
marine waters.
other radioactive, noxious or harmful liquid,
14. Cultural Properties – property which, on
gaseous or solid substances, from any
religious or secular grounds, is specifically
water, land or air transport or other human
designated by each State as being of
made structure. Deforestation, unsound
importance for archaeology, prehistory,
agricultural practices such as the use of
history, literature, art or science.
banned chemicals and excessive use of
chemicals, intensive use of artificial fish
15. Ecosystem – means the ecological from, harmful or harmless to human beings,
community considered together with non- which will kill, stupefy, disable or render
living factors and its environment as a unit. unconscious any fishery species and aquatic
16. Electro fishing – the use of electricity resources and capable of damaging and
generated by batteries, electric generators altering the natural habitat.
and other source of electric power to kill, 23. Forest Products – means timber, pulpwood,
stupefy, disable or render unconscious firewood, bark, tree top, resin, gum, wood,
fishery species, whether or not the same oil, honey, beeswax, nipa, rattan, or other
are subsequently recovered. forest growth such as grass, shrub, and
17. Endangered, Rare, and/or Threatened flowering plant, the associated water, fish
Species – Aquatic plants, animals including game, scenic, historical, recreational, and
some varieties of corals and sea shells in geological resources in forest land.
danger of extinction as provided for in 24. Hazardous Waste – are hereby defined as
existing fishery laws, rules and regulation. substances that are without any safe
18. Environmental Compliance Certificate commercial, industrial, agricultural or
(ECC) – is the document issued by the economic usage and are shipped,
government agency concerned certifying transported or brought from the country of
that the project under consideration will origin for dumping or disposal into or in
not bring about unacceptable - transit through any part of the territory of
environmental impact and that the the Philippines.
proponent has complied with the 25. Historical Site – is any place, province, city,
requirements of the environmental impact town, and/or location and structure which
statement system. has played a significant and important role
19. Greenhouse Gasses – means those gasses in the history of our country and nation.
that can potentially or can reasonably be Such significance and importance may be
expected to include global warming, which cultural, political, sociological or historical.
includes carbon dioxide, methane, oxides of 26. Infectious Waste – means that portion of
nitrogen, chlorofluorocarbons, and the like. medical waste that could transmit an
20. Fishery/Aquatic Products – include not only infectious disease.
fin fish but also mollusk, crustaceans, 27. Kaingin – refers to the shifting and/or
echinoderms, marine mammals and all permanent slash-and-burn cultivation of
other species of aquatic flora and fauna and forest land having little or no provision to
other products of aquatic living resources in prevent soil erosion.
any form. 28. Lake – an inland body of water, an
21. Fishing with Explosives – the use of the expanded part of a river, a reservoir formed
dynamite, other explosives or other by a dam or lake basin intermittently or
chemical compounds that contains formerly covered by water.
combustible elements or ingredients which 29. Minerals – refers to all naturally occurring
upon ignition by friction, concussion, inorganic substances in solid, gas, liquid or
percussion, or detonation of all parts of the any intermediate state excluding energy
compound will kill, stupefy disable or materials such as coal, petroleum, natural
render unconscious any fishery species. It gas, radioactive materials, and geothermal
also refers to any other substance and/ or energy.
device which cause an explosion that is 30. Muro-Ami – fishing method that requires
capable of producing the said harmful diving and other physical or mechanical acts
effects on any fishery species and aquatic to pound the coral reef and other habitat to
resources and capable of damaging and entrap, gather or catch fish and other
altering and natural habitat fishery species.
22. Fishing With Noxious or Poisonous 31. National Cultural Treasure – is a unique
Substances – the use of any substance, object found locally, possessing outstanding
plant extracts or juice thereof, sodium historical, cultural, artistic and/or scientific
cyanide and/or cyanide compounds or value which is significant and important to
other chemicals either in raw or processed this country and nation.
32. National Museum – referred to as the 200-nautical miles Exclusives Economic
museum, shall be the agency of the Zone and the continental shelf.
government which shall implement the 38. Premium Hardwood – refers to narra,
provision of this act. molave, dao, kamagong, ipil, acacia, akle
33. National Park – refers to a forest apawit, banuyo, batkuling, hetis, bolangeta,
reservation essentially of natural wilderness taek, tindalo, and manggis.
character which has been withdrawn from 39. Private Lands – refers to the lands covered
settlement, occupancy or any form of by either administrative or judicial title or
exploitation except with in conformity with FREE PATENT, HOMESTED and SALES
approved management plan and set aside PATENT and TORRENS TITLE obtained under
as such exclusively to conserve the area or the land registration act (Act No. 496, as
preserve the scenery, the natural and amended)
historic objects, wild animals and plants 40. Protected Area – refers to identified
therein and to provide enjoyment of these portions of land and water set aside by
features in such areas. reason of their unique physical and
34. Non-Governmental Organization (NGO) – biological significance, managed to enhance
an agency institution, foundation or a group biological diversity and protected against
of persons whose purpose is to assist destructive human exploitation.
people’s organizations/associations in 41. Quarrying – a process of extracting
various ways including but not limited to materials such as marble, basalt, andesite,
organizing, education, training, research, conglomerate, tuff, adobe, granite, gabbro,
and/or resource accessing. serpentine, inset filling materials, clay for
35. Nuclear Wastes – are hazardous wastes ceramic tiles and building bricks, pumice,
made radioactive by exposure to the perlite and other similar materials from the
radiation incidental to the production or ground. Also the process of extracting,
utilization of nuclear fuels but does not removing and disposing quarry resources
include nuclear fuel, or radioisotopes which found on or underneath the surface of
have reached the final stage of fabrication private or public lands.
so as to be usable for any scientific, 42. Relics – are cultural properties which, either
medical, agricultural, commercial or as a whole or in fragments, are left behind
industrial purpose. after the destruction or decay of the rest of
36. People’s Organization – a bonafide its parts and which are intimately
association of citizens with demonstrated associated with important beliefs, practices,
capacity to promote the public interest and customs and traditions, periods and
with identifiable leadership, membership personage.
and structure, its members belong to a 43. Selective Logging – is the systematic
sector/s voluntarily band themselves for removal of the mature, over mature and
their own upliftment development and defective trees in such manner as to leave
greater good. adequate number and volume of healthy
37. Philippine Waters – include all bodies of residual trees of the desired species
water within the Philippine territory such as necessary to assure a future crop of timber,
lakes, rivers, streams, creeks, brooks, and forest cover for the protection and
ponds, swamps, lagoons, gulfs, bays and conservation of soil, and water.
seas and other bodies of water now existing 44. Special Private Land Timber Permit (SPLTP)
in the provinces, cities, municipalities, and – issued to land owners themselves by the
barangays and the waters around between Secretary of DENR to cut, gather, collect, or
and connecting the islands of the remove narra and other premium
archipelago regardless of their breadth and hardwood species found in their private
dimensions, the territorial sea, the sea land (DENR Memo circular No. 22 Series of
beds, the insular shelves, and all other 1990).
waters over which the Philippines has 45. Timber License Agreement (TLA) – these
sovereignty and jurisdiction including the permits were issued by the DENR, pursuant
to P.D 705 and the old constitution and
continue to be in full force and effect until by lack of finance. The lack of public awareness and
their expiry dates subject to the same term cooperation in matters dealing with conversation is
and conditions as originally granted and another stumbling block in efforts to save the
approved unless Congress may provide countrys dwindling natural resources.
otherwise (Sec 3, Executive Order No. 278,
Coral reefs are considered one of the most
Series of 1987).
productive ecosystems. Their direct relationship
46. Timber Sharing Agreement (TPSA) – all
with fish production has long been established:
license issued by the DENR to utilize timber
healthy reefs support more fish. And in a country
resources from forest areas, in lieu of TLA,
like the Philippines, where a great percentage of
in compliance with Sec 2 Article XII of the
the population depends on fishing as a means of
New Constitution as Implemented under
livelihood, the importance of coral reefs, cannot be
E.O. 278, series of 1987 (DENR
underrated.
Administrative Order No. 78, Series of
1990).

ENSURING CLEAN AND SAFE LAND, AIR AND


WATER
FIVE (5) IMMEDIATE CONCERNS THAT SHOULD BE
ADDRESSED FOR THE PROTECTION OF THE The continuous alteration of the physical,
ENVIRONMENT, CULTURAL PROPERTIES AND chemical, nuclear and biological properties of any
NATURAL RESOURCES water, air and/or land resources of the Philippines,
or any discharge of any liquid, gaseous or solid
1. PROTECTION FOREST
wastes and will has created and rendered harmful,
2. PROTECTION OF FISHERIES, MARINE LIFE
detrimental or injurious effects to public health or
AND AQUATIC RESOURCES
welfare, and further adversely affect their
3. ENSURING CLEAN AND SAFE LAND, AIR AND
utilization for domestic, commercial, industrial,
WATER
agricultural, recreational or other legitimate
4. PRESERVATION OF ENDANGERED SPECIES
purposes.
AND OTHER WILD LIFE
5. PROTECTION OF CULTURAL PROPERTIES

PRESERVATION OF ENDANGERED SPECIES AND


OTHER WILDLIFE
FOREST PROTECTION
The profound impact of man’s activities on
Statistics from the Bureau of Forest
all components of the natural environment
Development (BFD) maintains that 11.1 million
particularly the effect of the increasing population,
hectares of the forest land are still covered with
resources exploitation, industrial advancement and
timber, satellite data and surveys conducted by
man’s ignorance have caused severe lost to our
other quarters reveal a considerable smaller figure.
animal and plant resources. Recent assessment on
According to the forestry Development Center of
the quantity of varieties of terrestrial, wetland and
the University of the Philippines, the remaining
marine species of both flora and fauna revealed a
living forests may only cover an area of between
very disturbing figure. 89 % of the 558 species of
1.9 million and 2.4 million hectares. Similarly,
birds nationwide are recognized as threatened
United Nations Food and agriculture Organization
species likewise 44% threatened species of
(UN-FAO) predicted that the country may lose all
mammals and 8 species of endangered reptiles.
its forests within 15 years if the continued
Similarly, plants in vast forest areas in the country
destruction is not averted.
are continuously experiencing destruction.

PROTECT OF FISHERIES, MARINE LIFE AND


PROTECTION OF CULTURAL PROPERTIES
AQUATIC RESOURCES
The Philippines has a unique and rich
The Bureau of Fisheries and Aquatic
cultural heritage. Evidences of this in the from of
Resources (BFAR) claims itss inability to stop illegal
ancient churches, ancestral homes, natural and
fishing and harvesting of coral has been hampered
man-made sceneries, and the treasures contained
within them are spread out throughout the islands.
However due to a lack of awareness and attention,
many of these God-made and man-made
structures have fallen into disrepair. Because
people have not been properly educated, many
historical landmarks are exploited and art pieces
are disposed of rather indiscriminately.
In view of the above enumerated problems
concerning the environment and natural resources,
it is the policy of the state to protect the people by
effectively enforcing environmental protection laws
that would address these problems.

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