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 Constitution

 Law (Republic Act or R.A.)


 Presidential Decree (P.D.)
 Executive Order (E.O.)
 Administrative Order (A.O.)
 Proclamation (Proc.)
 Memorandum Order (M.O.)
 Implementing Rule & Regulation
(IRR)
 The State shall protect and advance the
right of the people to a balanced and
healthful ecology in accord with the
rhythm and harmony of nature (1987
Constitution, Art. II, Sec. 16).

 National Economy and Patrimony is


defined in Article XII of the 1987
Constitution.

 The State shall protect and promote the


right to health of the people and instill
health consciousness among them (Art. II,
Sec. 15).
 The State recognizes and promotes the
rights of Indigenous cultural communities
within the framework of national unity and
development (Art. II, Sec. 22).

 The State values the dignity of every


human person and guarantees full respect
for human rights (Art. II, Sec. 11).

 The State shall promote social justice in all


phases of national development (Art. II,
Sec. 10).
Environmental  To create, develop, maintain, and improve
conditions under which man and nature
Policy can thrive in productive and enjoyable
Presidential harmony with each other,
Decree No. 1151
 To fulfill the social, economic and other
requirements of present and future
generations of Filipinos, and

 To ensure the attainment of an


environmentally quality that is conductive
to a life of dignity and well-being.
PD No. 1152 The Code outline includes the air, water
protection and improvement, land use and
Philippine natural resources mgt. and conservation.
Environmental
Code It emphasized the fisheries and aquatic
resources, wildlife, forestry and soil
conservation, flood control and natural
calamities, energy development, mineral
resources and the waste management.
Forest Resources  The multiple uses of forest lands shall be
P.D. 705 – Revised oriented to the development & progress
requirements of the country, the
Forestry Code advancement of science & technology, and
the public welfare;

 Land classification and survey shall be


systemized and hastened;

 The establishment of wood processing


plants shall be encouraged and
rationalized; and

 The protection, development and


rehabilitation of forest lands shall be
emphasized so as to ensure their continuity
in productive condition.
Forest Resources  It emphasized forest resources policy on
P.D. 705 – Revised the land classification and survey,
utilization and management, wood
Forestry Code processing industry, reforestation, forest
protection, special land uses, regulatory
fees to all users and the criminal offenses
and penalties of violators thereof.
Protected Areas  Encompass outstandingly remarkable
and Wildlife areas and biological important public
lands that are habitats of rare and
Species endangered species of plants ant animals,
R.A. 7586 – National bio-geographic zones and related
Integrated Protected ecosystem, whether terrestrial, wetland or
Areas System marine, all of which shall be designated as
protected areas.

R.A. 9072 – National Caves and Cave


Resources Mgt. & Protection Act.
 To conserve, protect and manage caves
and cave resources and strengthen
cooperation and exchange of information
between governmental authorities and
people who utilize cave and cave
resources for scientific, educational,
recreational, tourism and other purposes.
Protected Areas R.A. 9147 – Wildlife Resources Conservation
and Wildlife and Protection Act
 Enforceable for all wildlife species found
Species in all areas of the country, including
protected areas under NIPAS Act, and
critical habitats. This act shall also apply
to exotic species which are subject to
trade, and cultured, maintained and/or
bred in capacity or propagated in the
country.

Proclamation Nos. 552 & 2455 Establishing


Mt. Matutum and Allah Valley as Protected
Landscapes, respectively
Mineral & Other R.A. 7942 Philippine Mining Act of 1995
Quarry Resources  The Act stressed the government
management on the mineral resources,
scope of application, exploration permit,
modes of mineral agreements, financial or
technical assistance agreement, small
scale mining, quarry resources, transport,
sale, and processing of minerals,
development of mining communities and
science and mining technology, safety and
environment protection, auxiliary mining
rights, settlement of conflicts,
government share, taxes and fees,
incentives, ground for cancellation,
revocation and termination of permit and
the penal provisions of the Act.
Mineral & Other P.D. 1899 - Small Scale Mining
Quarry Resources  A single unit mining operation having and
annual production of not more than
50,000 metric tons of ore and satisfying
the following requisites:

1. The working is artisanal, either open


or cast or shallow underground
mining, without the use of
sophisticated mining equipment;
2. Minimal investment on infra and
processing plant;
3. Heavy reliance on manual labor; and
4. Owned, managed or controlled by an
individual or entity qualified under
existing mining laws, rules and
regulations.
Mineral & Other R.A. 7076 - People’s Small Scale Mining Act of
Quarry Resources 1991
 The Peoples Small-Scale Mining Program
shall include the following features:

a. Identification, segregation, and


reservation of certain mineral lands as
people’s small-scale mining areas;
b. Recognition of prior existing rights
and productivity;
c. Encouragement of the formation of
cooperatives;
d. Extension of technical and financial
assistance, & other social services;
e. Extension of assistance in processing
and marketing.
Mineral & Other R.A. 7076 - People’s Small Scale Mining Act of
Quarry Resources 1991
 The Peoples Small-Scale Mining Program
shall include the following features:

f. Generation of ancillary livelihood


activities;
g. Regulation of the small-scale mining
industry with the view to encourage
growth and productivity; and
h. Efficient collection of government
revenue.
Water Resources P.D. No. 1067 – Water Code of the Philippines
of 1976

 The law govern the use and management


of waters from under and above the
ground, water in the atmosphere, and the
waters of the sea within the territorial
jurisdiction of the Philippines. It provides
highlight on the ownership,
appropriation, utilization, control,
conservation, protection of watersheds
and related land resources and the
administration of waters including
penalty on the violations of the provisions
of the Code.
Ecological Solid R.A. No. 9003 – Ecological Solid Waste
Waste Management Program
Management a. Ensure the protection of public health and
environment;

b. Utilize environmentally-sound methods


that maximize the utilization of valuable
resources and encourage resources
conservation and recovery;
Ecological Solid R.A. No. 9003 – Ecological Solid Waste
Waste Management Program
Management c. Set guidelines and targets for solid waste
avoidance and volume reduction through
source reduction and waste minimization
measures, including composing, recycling,
re-use, recovery, green charcoal process,
and others, before collection, treatment
and disposal in appropriate and
environmentally-sound solid waste
management facilities in accordance with
ecologically sustainable development
principles;
Ecological Solid R.A. No. 9003 – Ecological Solid Waste
Waste Management Program
Management d. Ensure the proper segregation, collection,
transport, storage, treatment and disposal
of solid waste through the formation and
adoption of the best environmental
practices in ecological management
excluding incineration;

e. Promote national research and


development programs for improved
solid waste management and resource
conservation techniques, more effective
institutional arrangement and indigenous
and improved methods of waste
reduction, collection, separation and
recovery;
Ecological Solid R.A. No. 9003 – Ecological Solid Waste
Waste Management Program
Management f. Encourage greater private sector
participation in solid waste mgt.;
g. Retain primary enforcement and
responsibility of solid waste management
with local government units while
establishing a cooperative effort among
the national government, other local
government units, NGOs, and the private
sector;
h. Encourage cooperation and self-
regulation among waste generators
through the application of market based
instruments;
Air Quality & R.A. No. 8749 – Philippine Clean Air Act
Noise Pollution  The Act includes air quality management
system, air pollution clearances and
Mgt. permits for stationary sources, motor
vehicles, fuels, additives, substances and
pollutants. The institutional mechanisms
and actions, fines and penalties for
violations of the Act.

P.D. No. 984 – Pollution Control Law


 A national policy to prevent, abate, and
control pollution of water, air, and land
for the more effective utilization of the
resources of the country. It organized a
commission called the “National Pollution
Control Commission” defining its
functions.
 Ecological Tourism
 Environmental Impact Assessment

P.D. No. 1586 – Environmental Statements


System

It is established based on the


requirements of P.D. 1151 (Phil.
Environmental Policy) for all agencies and
instrumentalities of the national
government, including government-
owned or controlled corporations, as well
as private corporations, firms and entities,
for every proposed project and
undertaking which significantly affects
the quality of the environment.
 Environmental Impact Assessment

Proclamation No. 2146 – Environmental


Critical Areas and Projects

The law calls for the proper management


of environmentally critical projects and
areas. It regulates to minimize if not to
stop the environment impacts of projects
and undertakings which may significantly
affect the quality of the environment.
 Energy

P.D. No. 1442 – Geothermal Resources


Aim for the economic and industrial
development of the country to reduce our
dependence on imported energy supplies
and accelerate the development of
geothermal resources.
The policy involves the exploration of and
development of geothermal resources by
the government, the geothermal contract
areas, conversion of geothermal
exploration permits and leases to service
contract, privileges of service contractors,
exploitation permits and the rules and
regulations.
 Energy

E.O. No. 223 – Jurisdiction Over Watershed


Areas with Geothermal Reservations

An indigenous geothermal resources is an


energy alteration that can provide a
principal energy supply to boost the
country’s economy.

The PNOC has in place an efficient


logistics network and an established and
qualified watershed management body
currently undertaking the protection,
rehabilitation, and development of the
watershed areas with geothermal
reservations.
 R.A. No. 7160 – Local Government code of
1991 (Section 17)

Defines the functions devolved from the


National Government Agencies to Local
Government Units.

DENR Administrative Order (DAO)


DAO No. 92-30 Guidelines for the Transfer
and implementation of DENR Functions
Devolved to the Local Government Units.
 Memorandum Circulars (M.C.)
M.C. No. 97-05 – Procedural Guidelines in
the Creation of Provincial/City Mining
Regulatory Boards.

M.C. No. 93-31 – Amendment to DENR


Memo Circular No. 13 Series of 1993 Re:
Share of Local Government Units (LGUs)
from the Utilization and Development of
Forest Resources within their Area of
Jurisdiction.

M.C No. 93-13 – share of Local


Government Units (LGUs) from the
Utilization and Development of Forest
Resources within their Area of
Jurisdiction.
 Joint Memorandum Circular (JMC)
JMC No. 98-01 – Manual of Procedures for
DENR-DILG-LGU Partnership on Devolved
and other Forest Management Functions

The LGUs shall share with DENR the


responsibility in the sustainable
management and development of the
forest resources within their territorial
jurisdiction. Toward this end, the DENR
and LGUs shall endeavor to strengthen
their collaboration and partnership in
forest management.
 Provisions of RA 7160 on Devolved
Functions

A. Forest management

“Section 17. Basic Services and Facilities –


LGUs shall also discharge the
functions and responsibilities of
national agencies and offices devolved
to them pursuant to this Code. LGUs
shall likewise exercise such other
powers and discharge such other
functions and responsibilities as are
necessary, appropriate, or incidental
to efficient and effective provision of
the basic services and facilities
enumerated therein.”
 Provisions of RA 7160 on Devolved
Functions

A. Forest management

1. Implementation of the following


community based forestry
projects:

1.1 Integrated Social Forestry


Projects which have been
funded out of regular
appropriations, except at least
one project per province;
 Provisions of RA 7160 on Devolved
Functions
A. Forest management

1.2 Establishment of new regular


reforestation projects, except
those projects located in
protected areas and critical
watersheds; LGUs shall also
discharge the functions and
responsibilities of national
agencies and offices devolved
to them pursuant to this Code.

1.3 Completed family and


community based contract
reforestation projects.
 Provisions of RA 7160 on Devolved
Functions

A. Forest management

1.4 Forest Land Management


Agreements

1.5 Community Forestry Projects,


subject to the concurrence of
the funding institution, if
foreign assisted.
 Provisions of RA 7160 on Devolved
Functions

A. Forest management

2. The management and control of


communal forests with an area not
exceeding fifty (50) square
kilometers of five thousand
(5,000) ha.

3. The Management, protection,


rehabilitation and maintenance of
small watershed areas which are
sources of local water supply as
identified or to be identified by
the DENR.
 Provisions of RA 7160 on Devolved
Functions

A. Forest management

4. Enforcement of forest laws in


community-based forestry.

The Key Provisions are:

For a Province

 involved in the enforcement of


forestry laws limited to community-
based forestry based projects. (Sec.
17, [(b)(3)(iii)]
 Provisions of RA 7160 on Devolved
Functions

The Key Provisions are:

For a Municipality

 Implementation of community-based
forestry projects, which include
integrated social forestry programs
and similar projects, management and
control of communal forest with an
area not exceeding fifty (50) square
kilometers, establishment of tree
parks, greenbelts, and similar forest
projects. Sec. 17 [(b)(2)(iii)]
 Provisions of RA 7160 on Devolved
Functions

The Key Provisions are:

For a City

 All the services and facilities of the


municipalities and provinces.

 The cities will carry out the same


functions or roles as those devolved to
the provinces and municipalities.
 Provisions of RA 7160 on Devolved
Functions

B. Protected Areas and Wildlife

1. Establishment, protection and


maintenance of tree parks, green
belts, and other tourist attractions
in areas identified and delineated
by the DENR, except these
covered by the integrated
protected areas system, and the
collection of trees for their
services and the use of facilities
therein;
 Provisions of RA 7160 on Devolved
Functions

C. Land Management

1. Conduct of cadastral survey


2. Conduct of lot survey
3. Conduct of isolated and Special
Surveys.

The performance of survey functions by


the local government units is subject to
the condition that the issuance of survey
authority and the verification of survey
returns, records keeping, issuance of
patents and other port-survey activities
are to be done by the DENR.

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