Professional Documents
Culture Documents
The National Territory
The National Territory
2/3/2019
The State owns all natural resources,
Section 2, Art XII of the 1987 constitution
says:
All lands of the public
domain, waters, minerals,
coal, petroleum, and other
mineral oils, all forces of
potential energy, fisheries,
forest or timber, wildlife,
flora and fauna, and other
natural resources are
owned by the state
and in addition to Goals of National Economy
… towards a more
equitable distribution of
opportunities, income,
and wealth; a sustained
increase in the amount
of goods and services
produced by the nation
for the benefit of the
people… especially the
under-privilege’
It is also the duty of the State:
… to protect and
promote the right
of the people to a
balance
environment in
accord with the
rhythm and
harmony of nature
(Sec. 2, Art II)
2/3/2019
It is also the duty of the State:
… to protect and
promote the right of
the people to a
balance
environment in
accord with the
rhythm and
harmony of nature
(Sec. 2, Art II)
2/3/2019
“BROWN LAWS”
"Brown Laws” deal with
laws to limit or regulate environmental
impacts or pollution.
Ultimate objective of brown laws…
Air
Toxics EIA
Environmental
Impact Assessment
The Brown Environment
AIR
Phil Clean Air Act
(RA 8749)
Approved June 23, 1999
Policies:
Policies:
Policies:
One of the
SECTORAL
BUREAUS
UNDER DENR
SAFE
Human tolerance to pollution
cannot be measured with certainty.
whatever standards are set do not guarantee
safety BUT can only be a BEST GUESS of
tolerable limits for an everage healthy
- person.
CLEAN AIR ACTION PLANS
AIR QUALITY
CONTROL ACTION PLAN.
DESIGNATION OF AIRSHEDS
–Formulate policies
–Prepare common action plan
–Submission and publication of
Annual Air Quality Status Report
SOURCES OF AIR POLLUTION
– Stationary sources
the DENR regulate and formulate standards for
air emissions
Provided, further…..
Ban on Incineration
the existing incinerators dealing with
biomedical wastes shall be out within
three (3) years after the effectivity of this
Act..
Provided, finally…..
Ban on Incineration
Soiled Waste:
Cloth containing blood stains, blood coated cotton
balls, soiled plasters.
Solid Waste:
Waste generated from disposable items like tubing
and catheters.
Liquid Waste:
Waste generated from laboratory housekeeping
activities.
Incineration Waste:
Ash generated from incineration of biomedical waste.
Chemical Waste:
Chemicals used for disinfection.
with due concern on the effects
of climate change…..
The Department shall promote the use
of state-of-the art, environmentally-
sound and safe non-burn
technologies for the handling,
treatment, thermal destruction,
utilization, and disposal of sorted,
unrecycled, uncomposted, biomedical
and hazardous wastes.
MANAGEMENT OF BIOMEDICAL WASTE
Category Waste Type Treatment and Disposal Method
– Citizen Suits
any person may file an appropriate action, civil,
criminal or administrative against any person who
violates the law and standard
Sec 41. CITIZENS SUIT.
– Gross Violations
the PAB shall recommend to the proper agency
for the filing of appropriate criminal charges
against the violator.
The Brown Environment
WATER
Phil Clean Water Act
(RA 9275)
Approved March 22, 2004
BASIS:
shall have similar hydrological, hydrogeological,
meteorological or geographic conditions which
affect the physicochemical, biological and
bacteriological reactions and diffusions of
pollutants in the water bodies, or otherwise share
a common interest or face similar
development programs, prospects or
problems.
PURPOSE OF DESIGNATING WATER QUALITY
MANAGEMENT AREAS
- one of the strategies identified to effectively enforce the
CWA and improve the water quality of water bodies
through focused interventions or actions that are designed
to address specific water quality issues of the areas.
POINT OF CONSIDERATION
-water quality problems,
-sources of pollution,
- beneficial use of the receiving water body
- determine what combination of control measures can
effectively achieve water quality objectives or
improvements.
• The Water Quality Management Areas shall be
governed by a governing board.
CHAIRMAN: DENR Representative
MEMBERS :
• Point source
human settlement, farming and industrial
domestic waste water
agriculture & livestock
–Gross Violations
the PAB shall recommend to the
proper agency for the filing of
appropriate criminal charges
against the violator.
Philippine Clean Water Act-R.A. 9003
• Fines, Damages and Penalties
The Secretary, upon recommendation
of the PAB may order the following:
• closure, suspension of development or
construction, or cessation of operation or, where
appropriate
• disconnection of water supply, until such time
that proper environmental safeguards are put in
place and/or compliance with this Act or its IRR
are undertaken.
The Pollution Adjudication
Board (the PAB)
is a quasi-judicial body created
under Section 19 of Executive
Order 192 for the adjudication of
pollution cases.
FUNCTIONS of THE PAB
The Environmental
Management Bureau (EMB)
provides the Secretariat support.
Organizational Placement
(co-equal w/ RTC)
Members:
2 DENR Undersecretaries
EMB Director
3 others (to be designated by the Secretary)
Expanded Jurisdiction
of the PAB:
Philippine Clean Air Act of 1999 (R.A. 8749)
Exceedance of air emission; Imposition of Fines;
Operating without permit to operate air pollution
source installations
--to formulate a
National Solid Waste
Management Framework
ECOLOGICAL SOLID
WASTE
MANAGEMENT ACT
(Waste Generators)
Local Government
CITIZENS
Units
(Waste Generators)
(Implementation)
HOW TO MANAGE THE TONS OF WASTE
GENERATED PER DAY
ECOLOGICAL SOLID WASTE MANAGEMENT
ACT OF 2000
Mandatory segregation at source
REDUCE….REUSE….RECYCLE
ECOLOGICAL SOLID WASTE MANAGEMENT
ACT OF 2000
Closure/conversion of open dumps to
Controlled Disposal Facility/ Final
Disposal systems - Section 37
TOXICS
Toxic Substances & Hazardous &
Nuclear Wastes Control Act
R.A. 6969
Approved on October 26, 1990
control toxic substances and hazardous
nuclear wastes
RA 6969
• Scope – this Act shall cover the importation,
manufacture, processing, handling,
storage, transportation, sale, distribution,
use and disposal of all unregulated
chemical substances and mixture 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
purposes.
TOXIC
• The Philippine Inventory of Chemical and
Chemical Substances (PICCS) listed 46,280
chemicals that are regularly imported,
manufactured and used by industrial
establishment and other related operations..
RA 6969 regulates the import, manufacture
and use of chemicals and substances for
public health and environmental protection
TOXICS
Controlled Chemicals
- Mercury
- Cyanide
- Asbestos
Biphenyls - Poly
-ozone Chlorinated
depleting
Pre-Manufacturing and Pre-Importation
Requirements (Section 8, RA 6969)
BEFORE any new chemical
substances or mixture can be
manufactured, processed or imported for
the first time as determined by the
DENR……
MINERAL RESOURCES
Philippine Mining Act
R.A. 7942
Approved on March 3, 1995
Instituting new system of mineral
resources exploration,
development, utilization, and
conservation.
R.A. 7942 PHILIPPINE MINING ACT
Ownership of Mineral Resources
Section 4
All mineral resources in public and private
lands and within the exclusive economic
zones of the Republic of the Philippines are
own by the State.
Directly undertake
activities or may enter into
MINERAL AGREEMENTS
with contractors.
R.A. 7942 PHILIPPINE MINING ACT
QUALIFIED ERSON TO APPLY
– Individual
a Filipino citizen of legal age with capacity
to contract
– Corporation, Partnership, Association or
Cooperative
organized or authorized for the purpose of
engaging in mining duly registered in accordance
with law, at least sixty percent (60%) of the capital
of which is owned by Filipino citizens
R.A. 7942 PHILIPPINE MINING ACT
Permits and Agreements
Section 20, 26
–Exploration Permit
R.A. 7942 PHILIPPINE MINING ACT
Permits and Agreements
–Exploration Permit
Applicants for Exploration Permits are
required to submit the ENVIRONMENTAL
WORK PROGRAM (EWP) detailing the
environmental impact, control and
rehabilitation activities proposed during
exploration period and the costs to enable
sufficient financial resources to be allocated
to meet the environmental and rehabilitation
commitments
R.A. 7942 PHILIPPINE MINING ACT
Permits and Agreements
Section 20, 26
–Mineral Agreements
• Mineral Production Sharing
Agreement (MPSA)
• Co-Production Agreement
• Joint Venture Agreement
R.A. 7942 PHILIPPINE MINING ACT
Permits and Agreements
–Mineral Agreements
• Mineral Production Sharing Agreement
(MPSA)
Government shares in the production of
the Contractor, whether in kind or in value,
as owner of the minerals. In return, the
Contractor shall provide the necessary
financing, technology, management and
personnel for the mining project.
R.A. 7942 PHILIPPINE MINING ACT
Permits and Agreements
–Mineral Agreements
• Co-Production Agreement
– False Statements
any person who presents any false application,
declaration or evidence to the Government or
information relating to mines, mining operations
or mineral agreements, FTAA or permits shall
upon conviction be penalized by fine of not
exceeding P10,000.00
R.A. 7942 PHILIPPINE MINING ACT
PENAL ROVISION- Chapter XIX
– Illegal exploration
any person undertaking exploration work
without the necessary exploration permit shall
upon conviction be penalized by a fine not
exceeding P50,000.00
R.A. 7942 PHILIPPINE MINING ACT
PENAL ROVISION- Chapter XIX
Theft of Minerals
any person extracting minerals and disposing the
same without a mining agreement, permit, license
or steals minerals or products thereof from mines
or mills or processing plants shall upon conviction,
be imprisoned from 6 months to 6 years or pay a
fine from P10,000.00 to P20,000.00 or both.
Mines Arson
any person who set fire to any mineral
stockpiles, mine workings, or mine shall
be guilty of arson and shall upon
conviction be penalized in accordance
with the revised Penal Code and pay for
the damages.
R.A. 7942 PHILIPPINE MINING ACT
PENAL ROVISION- Chapter XIX
Other violations
any other violations of the law and its
implementing rules and regulations shall
constitute an offense punishable with a
fine not exceeding P5,000.00.
“BLUE LAWS”
Philippine Performance in World Fisheries (2008)
-Ranked 6th in fish production. The 4.97 million MT production of
fish, crustaceans, mollusks, and aquatic plants (including
seaweeds). constitutes 3.12% of the total world production of
159.1million metric tons (FAO website).
SEC. 98. Capture of Sabalo and 6 mos and 1 day to 8yrs / fine
Breeders/Spawners. – except 80,000.00 and forfeiture of the catch,
for local breeding, research and fishing equipment used and
subject to guidelines of revocation of license.
Department.
Prohibited ACTS
SEC. 99. Exportation of 8 yrs, confiscation or a fine
Breeders, Spawners, Eggs or equivalent to double the value and
Fry. revocation of export permit.
SEC. 101. Violation of Catch 6) mos and 1 day to 6 yrs / fine
Ceilings. - P50,000.00 & forfeiture of catch,
equipment, revocation of license.
SEC. 102. Aquatic Pollution. - 6 yrs 1day to 12 yrs /fine of
Aquatic pollution, 80,000.00 + additional 8,000.00/
day til ceases & fines paid
SEC. 103. Other violations.
Failure to Comply with Minimum Safety Standards
Failure submit Yearly Report on Fishponds, Fish Cages
Gathering and Marketing of immature Shell Fishes
Obstruction to Navigation /Flow and Ebb in River, Lake or Bay.
Prohibited ACTS
SEC 104. Commercial Fine P500.00 / month /fishrfolk
Fishing Operators employed and/or 1,000.00/month
Employing Unlicensed for each unlicensed crew .
Fisherfolk or Crew.
SEC 105. Obstruction of 7 yrs to 12 yrs or a fine
Defined Migration Paths. 50,000.00 to P100,000.00.) or
of anadromous, both, cancellation of
catadromous & migratory permit/license & dismantling at
species, his expense
SEC 106. Evades, Fine 10,000.00 registration,
obstructs, hinders fishery license of the vessel & master
law officer to perform duty fisherman shall be canceled.
GREEN LAWS
Watershed
refers to a land area drained by a
stream or fixed body of water and
its tributaries having a common
outlet for surface run-off.
(Sec. 3.m. PD 705)
BENEFITS FROM FORESTS
• Provisioning Services
Food, medicine, fresh water, wood, fiber,
fodder, energy, etc.
Supporting Natural Processes
Biodiversity maintenance, pollination,
water filtration, production of
atmospheric oxygen, etc.
Regulating Environmental Processes
Water flow regime, soil erosion regulation,
etc.
The closed forests in
the forest lands
include areas that
have not been logged
and logged-over areas
whose vegetation
have reached the
closed canopy stage.
The plantation areas
include those covered by
IFMA, SIFMA, AFFLA,
TFLA and CBFMA and
plantations and
reforestation projects
established through
government efforts and
as compliance to terms
and conditions of
licenses/lease
agreements.
FORESTRY TENURE INSTRUMENTS
PHASE
OUT
FORESTRY SHORT-TERM
CONTRACTS & PERMITS
• Rattan Cutting Contract
• Chainsaw Registration/Permit
IPRA
• CERTIFICATE OF ANCESTRAL
DOMAINS TITLE (CADT)
• CERTIFICATE OF ANCESTRAL
LANDS TITLE (CALT)
What is “Ancestral Domain”?
It refers to all areas generally belonging to ICCs/IPs comprising lands,
inland waters, coastal areas, and natural resources therein, held under a
claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually
since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth
or as a consequence of government projects or any other voluntary
dealings entered into by government and private individuals/corporations,
and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned whether alienable and
disposable or otherwise, hunting grounds, burial grounds, worship areas,
bodies of water, mineral and other natural resources, and lands which may
no longer be exclusively occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators. It is subject to property rights within the ancestral
domains already existing and/or vested upon effectivity of R.A. 8371.
What is “Ancestral Land”?
It refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through
their predecessors-in-interest, under claims of individual or
traditional group ownership, continuously, to the present
except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence
of government projects and other voluntary dealings entered
into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or
paddies, private forests, swidden farms and tree lots. It is
also subject to property rights within the ancestral
domains already existing and/or vested upon effectivity
of R.A. 8371.
LEGAL DOCUMENTS REQUIRED
BY FOREST LAWS
Documents for transport of logs/timber:
1. Computer generated Certificate of
Timber Origin (DAO2007-31
2. Auxiliary Invoices
3. Sales or Commercial Invoices
4. Log Supply Contract
5. Tally Sheets (logs must be marked with forest
officer’s marking hatchet and Timber
Licesnsee’s Registered Private Log (Par 7, DAO
34, S 1998)
6. Certificate of Transport Agreement
(Sec. 3, DAO 59 S. 1990 amended by DAO-94-
07)
LEGAL DOCUMENTSREQUIRED
BYFOREST LAWS
Documents for domestic transport
of minor forest products :
1. Certificate of Origin of Minor Forest
Products
2. Auxiliary Invoice
3. Delivery Receipt
3. Certificate of Inspection (BFD Circular No.
8, S. 1983)
4. Certificate of Transport Agreement (Sec.
3 DAO 59, S. 1990 amended by DAO 94-07)
minor forest products :
non-wood forest products (NWFPs) are classified
and referred to as "minor forest products."
The Revised Forestry License Regulations of
1970 define minor forest products as "all other
forest products except timber, pulpwood and
chipwood."
ELEMENTS:
PROCESSESS INVOLVED:
- Apprehension
- Seizure
- Confiscation
- Forfeiture
Subject of Administrative
Confiscation/Seizure
• Seizure
• Sworn Affidavits
• Scaling & Inventory
• Safekeeping and Disposition
DENR
PNP, AFP, other govt agency
• Filing a Complaint
• Referral of Complaint
• Prosecution of Offenses
Role of LGUs in Forest
Protection and
Forest Law Enforcement
(DENR-DILG-LGU, Memorandum Circular 98-01
amended by MC 2003-01)
The following DENR functions have been
devolved to the LGUs are the following:
Provinces
Barangays
Barangay officials may be deputized by the
DENR as DENRO
Writ of Kalikasan
A.M. No. 09-6-8-SC :
EO 23