Nullem crimen

nulla pena sine lege

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Why fishers comply with law?

(Denmark study)

1.
2.
3.
4.
5.
6.

Factors - Rule Compliance in fisheries

Economic gains to be obtained
Deterrence & sanctions
Compatibility of the law & fishing practice
Regulation leads towards stock
conservation
Norms & morals
Co-management
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Legal Framework for

Environmental Protection
The Philippine Constitution
National Laws & International Laws
Administrative Issuances

ordinances

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1987 Constitution
Supreme Law of the Land
All laws must be consistent;
Art. 7, of CCP- law, rules or act shall be
regarded as invalid.
provides general policies for protection and
conservation of the environment, and
the use of natural resources.

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International treaties and

Agreements
Art. II Sec. 2 Philippine Constitution. The Phil. adopts
the gen. accepted principle of international law as
part of the law of the land.
Art. VII Sec. 21. Treaty/ IA shall be valid & effectiveconcurred by 2/3 of all members of the Senate.
Philippines has ratified 23 International Agreements
LOSC- Jan. 14 1997

CITES-Aug. 18, 1981

UN Convention on Climate Change-

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Relevant Constitutional
Provisions
Art. II, Sec. 15. 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.
Art. XII. Sec. 2: The EDU of natural resources
shall be under the full control and supervision
of the State. The State shall protect the
nations marine wealth, . . . and exclusive
economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.

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Relevant Constitutional
Provisions
Art. II. Sec. 15: The State shall protect and
promote the right to health of the people and
instill health consciousness among them.
Art. II, Sec. 16. 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.

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Relevant Constitutional
Provisions
Art. XII, Sec. 2: Regalian Doctrine
All lands of public domain, waters, minerals,
coal, petroleum and other mineral oils, all forces
of potential energy, fisheries, forests or timber,
wildlife, flora and fauna and other natural
resources are owned by the State

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Relevant Constitutional
Provisions
Agreement for exploration, etc. of natural
resources limited to Filipinos;
Protection of marine wealth;
Small-scale utilization of natural resources
by Filipinos;
Technical
or
financial
assistance
agreements with foreign-owned corp. by
the President.

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Relevant Constitutional
Provisions
Art. XII, Sec. 3 :Classifies land of public
domain:
1. Agricultural
2. Forest or timber
3. Mineral
4. National Parks

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Relevant Constitutional
Provisions
Art. XII, Sec. 4 : The Congress shall, as soon as
possible, determine, by law, the specific limits of
forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such
forest lands and national parks shall be
conserved and may not be increased nor
diminished, except by law. The Congress shall
provide for such period as it may determine,
measures to prohibit logging in endangered
forests and watershed areas
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Relevant Constitutional
Provisions
Art. XIII, Sec. 7: The State shall protect the
rights subsistence fishermen, especially of
local communities to the preferential use of
the communal marine and fishing resources,
both inland and offshore. It shall provide
support to such fishermen through the
appropriate technology and research. . . and
other services.

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Relevant Constitutional
Provisions
Art. X, Sec. 7:Local governments shall be
entitled to an equitable share in the proceeds of
the utilization and development of the national
wealth within their respective areas, in the
manner provided by law, including sharing the
same with the inhabitants by way of direct
benefits.

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Relevant Constitutional
Provisions
Art. X, Sec.7 The right of the people to
information on matters of public concern shall
be recognized. Access to official records, and to
documents and papers pertaining to official acts,
transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the citizen,
subject to such limitations as may be provided
by law
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Relevant Constitutional
Provisions
Art. XIII, Sec.16. The right of the people and
their organizations to effective and reasonable
participation at all levels of social, political, and
economic decision-making shall not be abridged.
The State shall, by law, facilitate the
establishment
of
adequate
consultation
mechanisms

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Relevant Constitutional
Provisions
Art. XII, Sec.5. The State, subject to the
provisions of this Constitution and national
development policies and programs, shall
protect the rights of indigenous cultural
communities to their ancestral lands to ensure
their economic, social, and cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain
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Relevant Constitutional
Provisions
Art. XII, Sec.5.
The Congress may provide for the applicability of
customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain

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International treaties and

Agreements
Art. II Sec. 2 Philippine Constitution. The Phil. adopts
the gen. accepted principle of international law as
part of the law of the land.
Art. VII Sec. 21. Treaty/ IA shall be valid & effectiveconcurred by 2/3 of all members of the Senate.
Philippines has ratified 23 International Agreements
LOSC- Jan. 14 1997

CITES-Aug. 18, 1981

UN Convention on Climate Change-

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Law of the Sea

Replaced the freedom of the seas concept
Defines the rights & resp. of nations in their use of
oceans, estb. guidelines for the businesses,
environment & the mgt of marine resources;
Philippines ratified it on January 1997.
155 members
Delineated the following zones:

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Internal waters -coastal state is free to set laws,

regulate use & use any resource
- no right of innocent passage-foreign
vessels
Territorial waters- 12 NM frm. Baselines
-free to set laws, regulate use & use of
any resource
innocent passage-vessels
Transit passage- military crafts;
Submarine-to surface & show flag
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Contiguous zone 24 NM from baseline

-coastal state can enforce laws on
illegal immigration and smuggling
Exclusive Economic Zone (EEZ)- 200 NM
frm. baselines
-coastal state has the sole exploitation
rights over all natural resources
- lay submarine pipes & cables

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Continental shelf does not exceed 350NM from

baseline
- natural prolongation of the land
territory to the continental margins outer edge

-coastal state can harvest minerals

& non-living material in the subsoil to the
exclusion of others.

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CITES
Convention on International trade in
endangered species of wild faura & fauna
Aim: prevent international trade frm
threatening d survival of wild fauna & flora
Objective: rational & sustainable
conservation of earths living resources for
their own sake & for human benefit

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CITES
Phil. signed March 1973 in Washington DC
Entered into force on July 01, 1975
Today: 172 parties that protects 33,000
species of animals & plants

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UN Framework Convention
on Climate Change (UNFCCC)
Signed by 154 heads of states in Rio de
Janeiro in 1992 ( Earth Summit)
Entered into force in March 1994
Agreed to stabilize greenhouse gas
emissions
Developed countries committed to reduce
greenhouse gas emissions to 1990 level by
year 2000.

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UN Framework Convention
on Climate Change (UNFCCC)
Mandated members to have an inventory
of greenhouse gas emissions & dev.
Strategies/programs to adapt to &
mitigate effects of climate change.
e.g. Emissions trading

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National Laws
The system of governance in the Philippines is based
on a hierarchy of executive and legislative mandates on
both local and national levels:

Constitution
Republic Acts
Commonwealth Acts, Public Acts, Batas Pambansa
PDs issued during the Marcos era and EOs of
President Aquino
Administrative Orders

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National Laws on CRM

Local Govt Code (RA 7160)
Philippine Fisheries Code (RA 8550)
National integrated protected Areas system
Act ( RA 7586)
Toxic and Hazardous Waste Act (RA 6969)
National Pollution Control Decree (PD 984)

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National Laws on CRM

Water Code of the Philippines

Ecological Solid Waste Act ( RA 9003)
Philippine Environmental Code (PD 1152)
Forestry Code ( PD 705)
Marine Pollution Law (PD 979)
Mining Act (RA 7942)

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National Integrated
Protected Areas System
Act (NIPAS)

Establishes national protected areas of special

biological and cultural significance in the
Philippines;
Places management of national protected areas
under a multisectoral body called the
Protected Area Management Board
(PAMB), chaired by DENR

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Toxic and Hazardous Waste Act

(RA 6969)

Establishes rules and regulations governing the

IMP STD USD of toxic and hazardous wastes.

National Pollution Control

Decree (PD 984)

Provides for pollution control and penalties for

the discharge of untreated or inadequately
treated industrial effluents in coastal waters.

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Ecological Solid Waste Act

(RA 9003)
Penalizes improper waste disposal, to provide for
ample services to regulate and dispose of household
wastes.

Water Code of the Philippines (PD 1067)

All waters shall belong to the state;

3 m in urban areas
20 m in agricultural areas
40 m in forest areas along their margins are
subject to easement of public use along their
margins is subject to public easement where
building of structures of any kind is prohibited.
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Philippine Environmental Code

(PD 1152)

Provides for maintenance of air and water

quality, land use, and conservation.
Places exploitation of fisheries, wildlife,
forest and mineral resources under the
management of the DENR.
Forestry Code (PD 705)
Establishes
provisions
for
forest
management including mangroves.
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Marine Pollution
Law (PD 979)

Prohibits discharge of oil, noxious,

gaseous, and liquid substances, refuse
matter of any kind, and other harmful
substances from any maritime vessel or
man-made structures or establishment in
Philippine territorial or inland navigable
waters or its bank.

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Mining Act
(RA 7942)
Provide restrictions on areas closed to
mining such as old growth or virgin forests,
proclaimed watershed forest reserves,
wilderness areas, mangrove forests, mossy
forests,
national
parks,
provincial/municipal
forest,
parks
greenbelts, game refuge, and bird
sanctuaries as defined by law and in areas
prohibited by NIPAS.
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Local Ordinances
The LGC specifically mandates the
Sanggunian to legislate ordinances that will
protect the environment.
Exercised by the SB/ SP/City Council

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Local Ordinances
Local council has a plenary power to enact
ordinances but should:
not contravene the Constitution or any law;
not be unfair or oppressive;
not be partial or discriminatory;
be general and consistent with public policy;
not be unreasonable.

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Area of Jurisdiction

EEZ 200
NM

TZ 12 NM

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Agencies Responsible for CRM

Municipal Waters
LGU
PNP
Bantay Dagat
Philippine Waters
BFAR, PCG, DENR, DOJ, PIA

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DepEds Role
PD 1152. Mandates the integration of
environmental education into school
curriculum;
Sec 117 of RA 8550. Fisheries conservation
subjects shall be incorporated in the
curricula of elementary and secondary both
private and public.

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Issues and Concerns

Delineation of Municipal Waters
Delay/ Non-Prosecution of Fishery Cases
Spatial and use Conflict

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Conclusion
Phil. Legal framework well-established
We need to enforce!
Important to educate!

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References

DENR, BFAR, DILG (2001). Philippine Coastal Management Guidebook No. 2:

Legal and Jurisdictional Framework for Coastal Management.Cebu,
Philippines
DENR. (2008). Climate Change and Global Warming. Techno-Series. Iloilo
City, Philippines.
Lecture Materials of Ludivina Labe delivered at the Training on Cetacean
Stranding Response and Identification and Documentation of Endangered
and Regulated Species of Fish and Shellfishes, 14-16 May,2008, Punta Villa,
Iloilo
Nielsen and Mathiesen.(2000). Important Factors Influencing Rule
Compliance in Fisheries-Lessons Learned from Danish Fisheries. Hirtshals,
Denmark.
Republic Act 8850
www. wikipedia.com

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Grassroots Entrepreneurs for Ecotourism

 Municipal waters-streams, lakes, inland bodies of water, tidal

waters w/in the mun, pub. Forest, timber lands,
forest reserves, fishery reserves
- excludes NIPAS Law
- -0-15 km frm coastline
- 2 mun. w/ less than 30 km.
Sec.4(58) RA 8550

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Grassroots Entrepreneurs for Ecotourism

Grassroots Entrepreneurs for Ecotourism