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Decentralization and Environmental Compliance and Enforcement in the Philippines

LORMELYN E. CLAUDIO

Regional Executive Director DENR Region 6, Western Visayas

China Luzon PHILIPPINES Vietnam Thailand Cambodia Visayas Mindanao Malaysia BORNEO Singapore Indonesia
China
Luzon
PHILIPPINES
Vietnam
Thailand
Cambodia
Visayas
Mindanao
Malaysia
BORNEO
Singapore
Indonesia

An archipelago of 7,107 islands in Southeast Asia

Located between the South China Sea on the west and the Philippine Sea on the east.

Composed of the major islands of Luzon in the north and Mindanao in the

south and the Visayan Islands in the middle.

Total Population as of 2007 Census is 88,574,614 with an annual growth rate of 2.16

 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity  15,000 plant
 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity  15,000 plant
 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity  15,000 plant

One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity

15,000 plant species, half are endemic

 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity  15,000 plant

More than 20,000 species of insects, 70%

unique

More than 105 species of amphibians

254 species of reptiles, 82% cannot be found

anywhere else

More than 500 species of birds

 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity  15,000 plant
 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity  15,000 plant

MANDATE

MANDATE “The DENR shall be the primary government agency responsible for the conservation, management, development and

“The DENR shall be the primary government agency responsible for the conservation, management, development and proper use of the country’s environment and natural resources”

DENR DENR VISION VISION
DENR
DENR VISION
VISION
FOREST COVER OF THE PHILIPPINES

FOREST COVER OF THE PHILIPPINES

FOREST COVER OF THE PHILIPPINES

Administrative Jurisdiction

PHILIPPINES Region I Region II CAR  Covers 16 Regions including Autonomous Region of Muslim Mindanao
PHILIPPINES
Region I
Region II
CAR
 Covers 16 Regions
including Autonomous
Region of Muslim
Mindanao
Region III
NCR
Region IV-A
Region V
Region IV-B
Region VIII
Region VI
Region VI – Western
Visayas is located in the
central part of the
Philippines and is
bounded by two large
inter-island water bodies
of Sibuyan and Visayan
Seas.
Region VII
Region X
Total land area is
2,022,311 hectares
Region XIII
Region IX
ARMM
Region XI
Population as of 2007
Census is 88,574,614
Region XII

ORGANIZATIONAL STRUCTURE

SECRETARY 5 Undersecretaries • Standards setting • Policy formulation • Oversight functions 7 Assistant Secretaries Dir.
SECRETARY
5 Undersecretaries
• Standards setting
• Policy formulation
• Oversight functions
7 Assistant
Secretaries
Dir. MGB
Dir. EMB
Dir. PAWB
Dir. LMB
Dir. FMB
1 Regional Bureau
Directors
1 Regional Bureau
Directors
16 Regional Executive
Directors
Local Government
Units
3 Regional
Technical Directors
Other Government
Agencies
Provincial Environment and
Natural Resources Officers
Other Stakeholders
Community Environment
and Natural Resources
Officers
• Implementation
• Permitting
• Inspection
• Monitoring
• Adjudication

LAWS

Executive Order 192 – Reorganization of the DENR

Presidential Decree 705 – Revised Forestry Code

Commonwealth Act 141 – Public Land Act

Republic Act 6969 - Toxic Substances, Nuclear and

Hazardous Waste Control Act Republic Act 8749 - Clean Air Act

Republic Act 9003 - Ecological Solid Waste Management Act

LAWS

Presidential Decree 1586 – Philippine EIS System

Republic Act 9275 - Clean Water Act

Republic Act 7586 – National Integrated Protected Areas System Act

Republic Act 9072 – National Caves and Cave Resources Management and Protection Act

Republic Act 9147 – Wildlife Resources Conservation and Protection Act

Executive Order 533 – Integrated Coastal Management

Environmental Compliance

The compliance of regulated communities to environment and natural resources (ENR) laws has improved for the past two decades.

Pursuant to Philippines EIS System (PD 586), projects are required to secure Environmental Compliance Certificate (ECC).

Installations which generate air emissions and wastewater discharges are mandated by the Clean Air Act (Republic Act No. 8749) and Clean Water Act (RA 9275) to secure permits.

Environmental Compliance

Handling and disposal of solid and hazardous wastes generated by operations of both public and private entities are covered by Ecological Solid Waste Management Act (RA 9003) and Toxic Substances, Nuclear and Hazardous Waste Control Act ( RA 6969).

Permitting and clearance system for EMB-carried out laws decentralized for almost a decade already

Compliance Monitoring

Operationalization of ECC compliance multipartite monitoring teams

Projects constructed without ECC, clearances and permit

Multi-Forest Protection Committee, Bantay Bukid

1 forest protection officer/forest guard for every 6,000 hectares of forest land

Inadequate road networks, inadequate logistics, threats posed by insurgents

Compliance Monitoring

Forests, wetlands and foreshore areas illegally occupied

Illegal transport of forest products

Protected Areas Management Boards (DENR, LGUs, POs,NGOs)

Protected Areas Superintendent

Wildlife Enforcement Officer, Cave and Wildlife Enforcement Officer

Compliance Monitoring

Coastal Law Enforcement Alliance in Region 6 (CLEAR) with PCG, PPA, MARINA, BFAR, NICA, PNP Maritime Command, DILG

Wildlife flora and fauna illegally traded

Enforcement Response

Preliminary hearings are done at the CENRO level, the Legal Division of the DENR Regional Office and FMS handle the preparation of Orders and Decisions on violation of laws on forestry and land management

Notice of Adverse Findings (PD 1586)

Notice of Violation (RA 8749, RA 9275)

Pollution Adjudication Board (PAB) for air and water pollution

Adjudication of pollution cases is still centralized

Compliance Monitoring

Ecowatch Program – firms color-coded according to record of compliance with environmental regulations

Gold and silver ratings entitle a firm to incentives- technical assistance or relaxation of certain reportorial requirements

Black rating means that the firm will be under strict agency scrutiny

Compliance Monitoring

Closer alliance with the Judiciary

Creation of 117 Special Environmental Courts called “ Green Courts”

Assistance of Law Students under the “Green Legal Army”

Environmental Ombudsman

Provision of insurance coverage for forest guards/rangers ENR enforcement officers, Bantay Gubat members

CHALLENGES IN THE DECENTRALIZATION OF FUNCTIONS AND STRENGTHENING OF ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT

1. IEC Campaign has to be intensified. Strengthening of information, education and communication down to the grassroots level

  • a. Conduct of DENR People’s Day by the DENR Field Offices

Bring DENR services closer to the people:

• holding consultation desks • orientation and lectures • provision of seedlings • patent processing and issuance • technical assistance

1. IEC Campaign has to be intensified. Strengthening of information, education and communication down to the
1. IEC Campaign has to be intensified. Strengthening of information, education and communication down to the
  • b. The recently launched People’s Hour Program is gaining positive feedback from stakeholders, thus, has to be continued nationwide;

• Focused on problem solving of the concerns or issues raised by the people

• Considered as a measure on the extent of enforcement and monitoring of environmental compliance

b. The recently launched People’s Hour Program is gaining positive feedback from stakeholders, thus, has to
b. The recently launched People’s Hour Program is gaining positive feedback from stakeholders, thus, has to

2. Assessment of the performance of the Regional

Offices

in carrying out the delegated functions pursuant to the Manual of Approvals may be done to improve further the

delivery of services at the field level;

3. Updating of databases and application of advance information technology and systems have to be undertaken to ensure better environmental monitoring, planning and decision-making;

4. Standardized checklists should be developed to use in inspection of activities and projects on forestry, protected areas, wildlife and land management;

5. Forms on Notice of Violation and technical hearing/ conference have to be used and issued immediately upon detection and occurrence of violation against forestry, land management, protected areas and wildlife laws and regulations to facilitate expeditious legal action against offenders;

5. Forms on Notice of Violation and technical hearing/ conference have to be used and issued
5. Forms on Notice of Violation and technical hearing/ conference have to be used and issued

6. A Local Government Participation Action Plan that will identify opportunities to channel technical and financial assistance to LGUs has to be formulated;

6. A Local Government Participation Action Plan that will identify opportunities to channel technical and financial
6. A Local Government Participation Action Plan that will identify opportunities to channel technical and financial

7. Preparation of Environmental Master Plan particularly on small islands has to be pursued in collaboration with the LGUs and pertinent government agencies and other entities. Geohazard assessment has to be completed to serve as input to the EMP, Comprehensive Land Use Plan and Disaster Preparedness and Risk Management Plan of the LGUs.

Preparation of geo-hazard maps for all municipalities of Region 6 at the end of 2010. This
Preparation of geo-hazard maps for all municipalities of Region 6 at the
end of 2010. This will facilitate the preparation of Disaster Risk
Management Plan for all municipalities and inclusion of geological and
hydro-geological characteristics of the different municipalities in the
preparation and/or updating of their respective Comprehensive Land Use
Plan.
Preparation of geo-hazard maps for all municipalities of Region 6 at the end of 2010. This
Preparation of geo-hazard maps for all municipalities of Region 6 at the end of 2010. This
Crystal Cave Bat Cave Dark Side of Paradise Cave BORACAY ENVIRONMENTAL MASTER PLAN
Crystal Cave
Bat Cave
Dark Side of
Paradise Cave
BORACAY ENVIRONMENTAL
MASTER PLAN

8. The DENR Regional Offices have to expedite the preparation of General Management Plans for PAs and EMB Central and Regional Offices have to expedite the establishment of airsheds and Water Quality Management Areas (WQMAs) to draw greater participation and commitment of stakeholders particularly the LGUs in the protection of the PAs, airsheds and WQMAs. With GMPs and Action Plans for airsheds and WQMAs, economic instruments could be applied and special funds generated to ensure sustainable monitoring and enforcement.

Thank you for your attention.