NATIONAL AND LOCAL

POLICIES AFFECTING
LAND AND RESOURCE
USE
 LEGAL PRINCIPLES ON ENR
1. The Philippine Constitution provides the fundamental legal
framework on ENR
• Ownership, disposition, exploration, development, utilization of
natural resources
• Protection of the environment and natural resources
2. Laws or Statutes on ENR serve as the implementing instruments
of the constitutional provisions
3. LGU Ordinances on ENR serve to support the implementation of
ENR Laws
 CONSTITUTION
Article XII – National Economy and Patrimony
Section 2
• All lands of the public domain belong to the State
• All natural resources belong to the State
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
• With the exception of agricultural lands, all other natural resources shall not be
alienated
• The exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State
 CONSTITUTION
Article XII – National Economy and Patrimony
Section 3
• Lands of the public domain are classified into:
agricultural
forest or timber
mineral lands
national parks
• Agricultural lands of the public domain may be further classified by law
according to the uses to which they may be devoted
• Alienable lands of the public domain shall be limited to agricultural lands.
 CONSTITUTION
Article II – Declaration of Principles and State Policies

Section 15
The State shall protect and promote the right to health of the people
and instill health consciousness among them.

Section 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.
 ENR LAWS
Implementing instruments of the constitutional provisions

Laws on natural resources

 Management, Protection, Development, Utilization, Classification

Laws on the environment

 Protection, Health, Ecological Balance
 LAWS on ENR affecting LRU
PD 705, as amended – Revised Forestry Code
• Basic Forestry Law
• Provides for the protection, management and utilization of forests
and forest lands
• Provides for a system of classification of lands of the public domain
• Allows, Regulates and Prohibits use of land and resources in forests
and forest lands
RA 7161 – Incorporating NIR Provisions in PD 705
• Banning the cutting of all mangrove species
 LAWS on ENR affecting LRU
PD 1067 – Water Code of the Philippines
• Basic law governing the ---
ownership, appropriation, utilization, exploitation, development,
conservation and protection
--- of water resources and rights to land related thereto
 LAWS on ENR affecting LRU
PD 1067 – Water Code of the Philippines
• Provides for easement of public use along the banks of rivers and streams
and the shores of the seas and lakes throughout their entire length along
their margins within a zone of:
3 meters in urban areas
20 meters in agricultural areas
40 meters in forest areas
 No person shall be allowed to stay in this zone longer than what is
necessary for recreation, navigation, floatage, fishing or salvage
 No person shall be allowed to build structures of any kind
 LAWS on ENR affecting LRU
RA 7586 – National Integrated Protected Areas System
(NIPAS) Act
• Provides for the establishment and management of a comprehensive
system of integrated protected areas within the classification of
national park as provided for in the Constitution
• Encompasses outstandingly remarkable areas and biologically
important public lands that are habitats of rare and endangered
species of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland or marine, all of which shall
be designated as "protected areas."
 LAWS on ENR affecting LRU
RA 7586 – National Integrated Protected Areas System
(NIPAS) Act
• Provides for the establishment of zones within Protected Areas ---
Strict Protection Zone, Multiple Use Zone, Buffer Zone
• Prescribes the activities that are allowed, regulated, and prohibited
within the zones
 LAWS on ENR affecting LRU
RA 7611 – Strategic Environmental Plan (SEP) for Palawan
Act
• Adopts a comprehensive framework for the sustainable development
of Palawan compatible with protecting and enhancing the natural
resources and endangered environment of the province which
framework shall be known as the SEP for Palawan
• The SEP shall serve as the framework to guide the government
agencies concerned in the formulation and implementation of plans,
programs, and projects affecting the environment and natural
resources of Palawan
 LAWS on ENR affecting LRU
RA 7611 – Strategic Environmental Plan (SEP) for Palawan
Act
• Provides for the establishment of a graded system of protection and
development control over the whole of Palawan which shall be
known as the Environmentally Critical Areas Network (ECAN)
• ECAN covers terrestrial area, coastal/marine area, and tribal
ancestral lands
• Provides for the establishment of zones within the terrestrial area,
coastal/marine area, and tribal ancestral lands
 LAWS on ENR affecting LRU
RA 7611 – Strategic Environmental Plan (SEP) for Palawan
Act
Zones in Terrestrial Area
1. Area of maximum protection or core zone
2. Buffer zone --- may be further subdivided into 3 sub-zones
• Restricted use area
• Controlled use area
• Traditional use area
3. Multiple use zone/area
 LAWS on ENR affecting LRU
RA 7611 – Strategic Environmental Plan (SEP) for Palawan
Act
Zones in Coastal/Marine Area
1. Core zone
2. Multiple use zone

Zones in Tribal Ancestral Lands

1. SEP shall define a special kind of zonation to fulfill the material and
cultural needs of the tribes
 LAWS on ENR affecting LRU
RA 7611 – Strategic Environmental Plan (SEP) for Palawan
Act
• The SEP Law provides the coverage of the zones
• The SEP Law provides the uses that are allowed, regulated and
prohibited within the zones

Areas Outside the ECAN

• The SEP shall provide for the management of resources outside of
the ECAN and shall include coastal resources, resources of the
catchment areas, timber and mines, development in the lowlands, and
settlement areas. It shall also provide for tourism planning.
 LAWS on ENR affecting LRU
RA 8371 – Indigenous Peoples Rights Act (IPRA)
• Recognizes, protects and promotes the rights of ICCs/IPs
• Protects the rights of ICCs/IPs to their ancestral domains
• Recognizes and protects the rights of ICCs/IPs to develop, control
and use lands and territories traditionally occupied, owned, or used
by them
• Recognizes and protects the rights of ICCs/IPs to manage and
conserve natural resources within the territories and uphold the
responsibilities for future generations
 LAWS on ENR affecting LRU
RA 8550 (as amended by RA 10654) – Philippine Fisheries
Code
• Grants unto municipal/city governments jurisdiction over municipal
waters
• Provides that LGUs shall be responsible for the management,
conservation, development, protection, utilization, and disposition of
all fish and fishery/aquatic resources within their respective municipal
waters
• Prescribes the parameters and requirements for management,
conservation, utilization, etc.
 LAWS on ENR affecting LRU
RA 9072 – National Caves and Cave Resources Act
• Provides for the management and protection of caves and cave
resources
• Provides that the DENR shall be the lead implementing agency of the
Act except for Palawan where PCSD will be the lead implementing
agency
• Prescribes the parameters for the management, protection and
conservation of caves and cave resources
 LAWS on ENR affecting LRU
RA 9147 – Wildlife Resources Conservation and Protection
Act
• Provides for the conservation and protection of wildlife resources
and their habitats
• Provides for the establishment of critical habitats
• Regulates the collection and trade of wildlife
 LAWS on ENR affecting LRU
PD 1586 – Environmental Impact Statement (EIS) System
and DAO 2003-30 – IRR of the EIS System
• Requires projects that pose potential significant impact to the
environment to secure ECCs
• Specifically requires the following to secure ECCs:
All environmentally critical projects
All projects that may not be environmentally critical but are
located in environmentally critical areas
 LAWS on ENR affecting LRU
RA 8749 – Clean Air Act
• Provides for a comprehensive air pollution control policy
• Recognizes the “polluters must pay” principle
• Focuses primarily on pollution prevention rather than control
• Provides for an air quality management system
• Provides for air quality standards
• Provides for emission standards for motor vehicles and for stationary
sources
• Provides for issuance of permits for the prevention and abatement of air
pollution
 LAWS on ENR affecting LRU
RA 9003 – Ecological Solid Waste Management Act
• Provides for a systematic, comprehensive and ecological solid waste
management program with the following hierarchy of activities:
1. Solid waste avoidance
2. Volume reduction through processing of the waste generated
3. Disposal of residual waste

• Provides that LGUs shall be primarily responsible for the

implementation and enforcement of the provisions of the Act within
their respective jurisdictions
 LAWS on ENR affecting LRU
RA 9275 – Clean Water Act
• Provides for a comprehensive water quality management and seeks
to protect, preserve and revive the quality of fresh, brackish and
marine waters of the country
• Applies to water quality management in all water bodies
• Primarily applies to the abatement and control of pollution from
land-based sources
• Provides for water pollution permits and charges
• Prescribes the role of LGUs in water quality management – primarily
to share the responsibility in the management and improvement of
water quality within their territorial jurisdictions
 LAWS on ENR affecting LRU
Other Laws
• Laws establishing economic zones (ecozones)
• RA 9175 – Chainsaw Act of 2002
Regulates the ownership, possession, sale, importation and use of
chainsaws
Requires registration of all chainsaws with the DENR through the
CENRO
Requires the issuance of a permit before a chainsaw can be used
Prescribes who can be granted a permit to use chainsaws
 ORDINANCES ON ENR
Q: Can LGUs enact ENR Ordinances?
A: YES
Legal Bases:
1. LGC Section 16 (General Welfare) – LGUs shall:
• Promote health and safety
• Enhance the right of the people to a balanced ecology
2. LGC provisions that expressly provide authority to LGUs to enact ENR
ordinances
3. Certain ENR laws provide for LGUs to enact ordinances
 ORDINANCES ON ENR
Collection of ENR ordinances:
• Gathering of LGU ordinances on ENR from the Sangguniang Bayan /
Sangguniang Panlungsod records

Analysis of ENR ordinances:

Will entail a determination of whether the LGU has ordinances that:
1. Support the implementation of ENR Laws
2. Comply with the prescription or requirements of ENR Laws
 COLLECTION GUIDE
Table 1. Presence/Absence of Ordinances
National Law Support or If YES – Ordinance Number, Title, Scope and Major
Related LGU Provisions
Ordinance
YES NO
PD 705
(Forestry)
RA 7161
(Mangroves)
PD 1067
(Water Code)
RA 7586
(NIPAS)
RA 8371
(IPRA)
 COLLECTION GUIDE
Table 1. Presence/Absence of Ordinances
National Law Support or If YES – Ordinance Number, Title, Scope and Major
Related LGU Provisions
Ordinance
YES NO
RA 8550
(Fisheries)
RA 9072
(Caves)
RA 9147
(Wildlife)
RA 9175
(Chainsaw)
PD 1586
(EIS System)
 COLLECTION GUIDE
Table 1. Presence/Absence of Ordinances
National Law Support or If YES – Ordinance Number, Title, Scope and Major
Related LGU Provisions
Ordinance
YES NO
RA 8749
(Clean Air)
RA 9003
(Solid Waste)
RA 9275
(Clean Water)
RA 7611
(SEP Law)
Others
(Specify)
 COLLECTION GUIDE
Table 2. Programs/Issues/Opportunities
National Law NGA Program or NGO or Private Sector Issues, Problems,
Project to Support Program or Project to Challenges, or
National Law Support National or Opportunities in
Implementation in the Local Policies in the Implementing the
LGU LGU National Law in the
LGU
PD 705
(Forestry)
RA 7161
(Mangroves)
PD 1067
(Water Code)
RA 7586
(NIPAS)
RA 8371
(IPRA)
 COLLECTION GUIDE
Table 2. Programs/Issues/Opportunities
National Law NGA Program or NGO or Private Sector Issues, Problems,
Project to Support Program or Project to Challenges, or
National Law Support National or Opportunities in
Implementation in the Local Policies in the Implementing the
LGU LGU National Law in the
LGU
RA 8550
(Fisheries)
RA 9072
(Caves)
RA 9147
(Wildlife)
RA 9175
(Chainsaw)
PD 1586
(EIS System)
 COLLECTION GUIDE
Table 2. Programs/Issues/Opportunities
National Law NGA Program or NGO or Private Sector Issues, Problems,
Project to Support Program or Project to Challenges, or
National Law Support National or Opportunities in
Implementation in the Local Policies in the Implementing the
LGU LGU National Law in the
LGU
RA 8749
(Clean Air)
RA 9003
(Solid Waste)
RA 9275
(Clean Water)
RA 7611
(SEP Law)
Others
(Specify)
Wilman C. Pollisco
LGU and CSO Engagement Specialist
Wilman_Pollisco@dai.com