Philippine Environmental Laws

• The study notes are about Philippine environmental laws

1987 Philippine Constitution

• Includes provisions related to the environment and natural resources

Green Laws

• Focus on forests and forest lands
• Address protected areas
• Govern caves
• Conserve wildlife Resources

Introduction

• The Philippines faces significant risk of natural disasters due to its location in the Pacific Ring of Fire
• It is prone to earthquakes and volcanic eruptions, and is often hit by devastating typhoons, like Typhoon Haiyan (Yolanda) in 2013
• Other environmental problems plaguing the country include pollution, illegal mining and logging, deforestation, dynamite fishing, landslides, coastal erosion, wildlife extinction, global warming, and climate change

Environmental Concepts and Principles

• The Philippine Constitution provides the fundamental legal framework for environment and natural resources (ENR)
• It covers ownership, disposition, exploration, development, utilization, and protection of natural resources

Implementation of ENR Laws

• Laws or statutes on ENR serve as the implementing instrument of the constitutional provisions
• Rules, regulations, policies, and LGU ordinances on ENR support the implementation of ENR laws

Philippine Constitution: National Economy and Patrimony

• States that all lands of the public domain and all-natural resources belong to the state
• Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks

Alienable Lands of the Public Domain

• Filipino citizens can acquire up to 12 hectares of land through purchase, homestead, or grant
• Filipino citizens may lease up to 500 hectares
• Filipino private corporations or associations can lease land for a period not exceeding 25 years, renewable for no more than 25 years, and not exceeding 1,000 hectares in area
• Foreign individuals or corporations cannot own or lease alienable lands of the public domain

Private Lands

• Filipino citizens and private corporations/associations can both acquire and lease private lands
• Foreign individuals or corporations cannot acquire private lands, except in cases of hereditary succession for individuals
• Foreign individuals or corporations can lease private lands

Declaration of Principles and State Policies

• The state shall protect and promote the right to health and a balanced and healthful ecology for its people

Presidential Decree No. 705 (Revised Forestry Code)

• Serves as the basic forestry law and provides for the protection, management, and utilization of forests and forest lands
• It establishes a system for classifying lands of the public domain, regulates and prohibits land use and resource activities in forests, and imposes fines and penalties for violations

Republic Act No. 7586 (National Integrated Protected Areas System or NIPAS Act)

• As amended by RA 11038 (Expanded NIPAS Act)
• Encompasses outstandingly remarkable areas that are biologically important public lands
• It aims to ensure the perpetual existence of native plants and animals within the classification of national parks and their habitats
• Prescribes activities that are allowed, regulated, and prohibited within protected areas, and imposes fines and penalties for violations

Management Zones in Protected Areas

• Strict protection zones are closed to all human activities, except for scientific studies and/or ceremonial or religious use by ICC/IPS
• In multiple-use zones, activities may be allowed according to a management plan, including settlement, agriculture, agro-forestry, livelihood, recreation, and tourism

Republic Act No. 9072 (National Caves and Cave Resources Act)

• Provides for the conservation, management, and protection of caves and cave resources, prescribes parameters for their management, and regulates their utilization
• It imposes fines and penalties for violations

Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act)

• Defines wildlife as wild forms and varieties of flora and fauna in all developmental stages
• It provides for the conservation and protection of wildlife resources and their habitats, regulates bioprospecting, collection, and trade, and prohibits certain acts
• It also imposes fines and penalties for violations

Illegal Acts and Penalties (Wildlife)

• Killing and destroying wildlife species is illegal, except in specific instances related to religious rituals, incurable diseases, or imminent danger
• Penalties for illegal acts include imprisonment and fines

Blue Laws

• Under Presidential Decree No. 1067 (The Water Code of the Philippines), all waters belong to the state
• It governs the ownership, appropriation, utilization, development, conservation, and protection of water resources
• It states that the utilization, exploitation, development, conservation, and protection of water resources shall be subject to control and regulation by the government

Appropriation or Use of Waters

• It requires a water right from the government, except for certain cases
• Water may be appropriated for purposes such as domestic, municipal, irrigation, power generation, fisheries, and industrial use

Philippine Fisheries Code of 1998 (RA 8550)

• Republic Act No. 8550
• Provides for the management, development, utilization, conservation, and allocation system of fisheries and aquatic resources in the Philippines
• It applies to all Philippine waters and resources, whether inland, coastal, or offshore