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Questions and Answers
Which environmental challenge does the Philippines NOT face, according to the text?
Which environmental challenge does the Philippines NOT face, according to the text?
- Coastal erosion
- Wildlife extinction
- Illegal logging
- Ozone depletion (correct)
What is the maximum land area a Filipino citizen can acquire through purchase, homestead, or grant, as per the Philippine Constitution?
What is the maximum land area a Filipino citizen can acquire through purchase, homestead, or grant, as per the Philippine Constitution?
- 1000 hectares
- 25 hectares
- 12 hectares (correct)
- 500 hectares
What is the maximum lease period, including renewals, allowed for Filipino private corporations or associations regarding alienable lands of the public domain?
What is the maximum lease period, including renewals, allowed for Filipino private corporations or associations regarding alienable lands of the public domain?
- 50 years (correct)
- 75 years
- Unlimited
- 25 years
Which type of land from the public domain CANNOT be alienated according to the provided text?
Which type of land from the public domain CANNOT be alienated according to the provided text?
According to Article XII, Section 7, which entity is generally PROHIBITED from acquiring private lands in the Philippines, with a specific exception?
According to Article XII, Section 7, which entity is generally PROHIBITED from acquiring private lands in the Philippines, with a specific exception?
Under the context of environmental laws, what does the term 'ENR' primarily refer to?
Under the context of environmental laws, what does the term 'ENR' primarily refer to?
Which government action serves as the implementing instrument of the constitutional provisions related to environment and natural resources?
Which government action serves as the implementing instrument of the constitutional provisions related to environment and natural resources?
What is the primary role of the Philippine Constitution in relation to environmental law?
What is the primary role of the Philippine Constitution in relation to environmental law?
What is the main purpose of Republic Act No. 7586 as amended by RA 11038, also known as the NIPAS Act?
What is the main purpose of Republic Act No. 7586 as amended by RA 11038, also known as the NIPAS Act?
In the context of management zones in protected areas, what activities are typically permitted within a strict protection zone?
In the context of management zones in protected areas, what activities are typically permitted within a strict protection zone?
Which of the following best describes the function of Presidential Decree No. 705, also known as the Revised Forestry Code?
Which of the following best describes the function of Presidential Decree No. 705, also known as the Revised Forestry Code?
According to RA 9072, what is the primary purpose of the National Caves and Cave Resources Act?
According to RA 9072, what is the primary purpose of the National Caves and Cave Resources Act?
Under RA 9147, the Wildlife Resources Conservation and Protection Act, which activity is NOT directly regulated concerning wildlife species?
Under RA 9147, the Wildlife Resources Conservation and Protection Act, which activity is NOT directly regulated concerning wildlife species?
According to RA 9147, under which specific circumstance is the killing of wildlife species generally permitted?
According to RA 9147, under which specific circumstance is the killing of wildlife species generally permitted?
Under the Wildlife Resources Conservation and Protection Act, what is the penalty for inflicting injury that cripples the reproductive system of a wildlife species?
Under the Wildlife Resources Conservation and Protection Act, what is the penalty for inflicting injury that cripples the reproductive system of a wildlife species?
Which activity is NOT considered to be affecting critical habitats under the Wildlife Resources Conservation and Protection Act?
Which activity is NOT considered to be affecting critical habitats under the Wildlife Resources Conservation and Protection Act?
What is the underlying principle related to water resources, as stated in the text?
What is the underlying principle related to water resources, as stated in the text?
What does 'appropriation' of water refer to under Presidential Decree No. 1067?
What does 'appropriation' of water refer to under Presidential Decree No. 1067?
In which situation is a water permit NOT needed, according to the Water Code of the Philippines?
In which situation is a water permit NOT needed, according to the Water Code of the Philippines?
What is the width of the easement of public use along the banks of rivers in agricultural areas, as stipulated in the provided text?
What is the width of the easement of public use along the banks of rivers in agricultural areas, as stipulated in the provided text?
Which activity is explicitly prohibited under the Water Code?
Which activity is explicitly prohibited under the Water Code?
What does the Philippine Fisheries Code of 1998 (RA 8550) primarily provide for?
What does the Philippine Fisheries Code of 1998 (RA 8550) primarily provide for?
To what geographical areas does the application of the Philippine Fisheries Code extend?
To what geographical areas does the application of the Philippine Fisheries Code extend?
According to the information provided, what is the main objective of declaring an area as a 'protected area'?
According to the information provided, what is the main objective of declaring an area as a 'protected area'?
Which of the following acts would be classified as illegal under RA 9147 concerning wildlife resources?
Which of the following acts would be classified as illegal under RA 9147 concerning wildlife resources?
A foreign corporation seeks to lease land in the Philippines for a period of 30 years. Under what conditions, if any, can this be legally permissible?
A foreign corporation seeks to lease land in the Philippines for a period of 30 years. Under what conditions, if any, can this be legally permissible?
A local community wishes to establish a small-scale ecotourism venture within a protected area. Under what conditions, if any, would this be permissible?
A local community wishes to establish a small-scale ecotourism venture within a protected area. Under what conditions, if any, would this be permissible?
A landowner discovers a significant underground water source on their property and intends to extract it for commercial bottling. What legal requirements must they fulfill before commencing operations?
A landowner discovers a significant underground water source on their property and intends to extract it for commercial bottling. What legal requirements must they fulfill before commencing operations?
A fishing company operating in Philippine waters is found to be using methods that damage coral reefs. Under the Philippine Fisheries Code, what potential legal repercussions might they face?
A fishing company operating in Philippine waters is found to be using methods that damage coral reefs. Under the Philippine Fisheries Code, what potential legal repercussions might they face?
A real estate developer intends to build a resort on a coastal area, but the local community claims it infringes on the easement of public use. How will the easement affect the development?
A real estate developer intends to build a resort on a coastal area, but the local community claims it infringes on the easement of public use. How will the easement affect the development?
Under what circumstances may subterranean or ground water be appropriated for domestic use without requiring registration with the National Water Resources Board (NWRB)?
Under what circumstances may subterranean or ground water be appropriated for domestic use without requiring registration with the National Water Resources Board (NWRB)?
Which of the following scenarios is most likely a violation of the National Caves and Cave Resources Act?
Which of the following scenarios is most likely a violation of the National Caves and Cave Resources Act?
Which of the following actions concerning wildlife is most likely to be penalized under RA 9147?
Which of the following actions concerning wildlife is most likely to be penalized under RA 9147?
Suppose a community intends to set-up a communal irrigation system by diverting a portion of water and build a permanent structure. Which governmental authority would be approached for permit?
Suppose a community intends to set-up a communal irrigation system by diverting a portion of water and build a permanent structure. Which governmental authority would be approached for permit?
A company seeks to establish a large-scale aquaculture farm. Under the Philippine Fisheries Code, what parameters should they consider related to its location?
A company seeks to establish a large-scale aquaculture farm. Under the Philippine Fisheries Code, what parameters should they consider related to its location?
What constitutes an illegal extraction of subterranean water under the Water Code Of The Philippines?
What constitutes an illegal extraction of subterranean water under the Water Code Of The Philippines?
In which of the following scenarios would the appropriation of water require permission or authorization?
In which of the following scenarios would the appropriation of water require permission or authorization?
Flashcards
1987 Philippine Constitution
1987 Philippine Constitution
The fundamental law of the Philippines, including provisions on environment and natural resources.
Brown Laws
Brown Laws
Laws focusing on pollution control and waste management.
Blue Laws
Blue Laws
Laws about water quality and use.
State Ownership
State Ownership
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Land Classification
Land Classification
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Alienable Lands
Alienable Lands
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National Patrimony
National Patrimony
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Right to Health
Right to Health
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Right to Ecology
Right to Ecology
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Strict Protection Zone
Strict Protection Zone
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PD 705
PD 705
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RA 7586
RA 7586
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Protected Areas
Protected Areas
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RA 9072
RA 9072
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Cave Definition
Cave Definition
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RA 9147
RA 9147
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Wildlife Definition
Wildlife Definition
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Appropriation of Water
Appropriation of Water
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State Water Ownership
State Water Ownership
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RA 8550
RA 8550
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Fisheries Application
Fisheries Application
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Study Notes
- Philippine environmental laws, including the 1987 Constitution, Green Laws, Blue Laws, Brown Laws, and Cross-Cutting Laws, address environment and natural resource issues.
Introduction
- The Philippines faces natural disaster risks due to its location in the Pacific Ring of Fire.
- The Philippines is prone to earthquakes, volcanic eruptions, and typhoons.
- Typhoon Haiyan (Yolanda) in 2013 caused significant loss of life and property damage.
- The country grapples with environmental problems like pollution, illegal mining, deforestation, dynamite fishing, landslides, coastal erosion, wildlife extinction, global warming, and climate change.
Environmental Concepts and Principles
- The Philippine Constitution is the fundamental law.
- It provides the legal framework for environment and natural resources (ENR).
- This covers ownership, disposition, exploration, development, utilization, and protection.
- Laws and statutes on ENR serve as the constitutional provisions' instruments.
- Rules and regulations, policies, and LGU ordinances support the execution of ENR laws.
Philippine Constitution - Article XII - National Economy and Patrimony
- All lands of the public domain and natural resources belong to the State according to Section 2.
- Section 3 classifies lands of the public domain into agricultural, forest/timber, mineral lands, and national parks, based on legal classification, not physical.
Alienable Lands of the Public Domain (Article XII, Section 3)
- Filipino citizens can acquire up to 12 hectares through purchase, homestead, or grant.
- Citizens may lease up to 500 hectares.
- Filipino private corporations/associations can lease for up to 25 years, renewable for another 25, not exceeding 1,000 hectares.
- Qualification for Filipino corporations requires 60% Filipino ownership.
- Foreign entities cannot own or lease alienable public lands.
Private Lands (Article XII, Section 7)
- Filipino citizens and corporations can acquire and lease private lands.
- Foreign entities cannot acquire, except through hereditary succession for individuals, but can lease private lands.
Article II - Declaration of Principles and State Policies
- Section 15 mandates the state to protect health and promote health consciousness.
- Section 16 requires the state to protect the right to a balanced ecology in harmony with nature.
Green Laws
- Green Laws cover forests, protected areas, caves and wildlife.
PD 705 - Forests and Forest Lands
- PD 705, also known as the Revised Forestry Code (1975), is the basic forestry law.
- This law manages forests, classifies public lands, regulates land and resource use, and prescribes penalties.
Protected Areas
- Republic Act No. 7586, as amended by RA 11038 or the ENIPAS Act of 2018.
- It includes remarkable areas and public lands with habitats for rare species, designating them as "protected areas".
- RA 7586 establishments an integrated system of protected areas to preserve native plants and animals.
- Protected areas are identified, set aside for their ecological significance, managed for biodiversity, and protected from exploitation.
RA 7586 as Amended by RA 11038
- This prescribes permitted, regulated, and prohibited activities within protected areas.
- It also imposes penalties for violations.
Management Zones in Protected Areas
- Strict Protection Zones are closed to human activities, except studies or ceremonial use by ICC/IPS.
- Multiple Use Zones allow activities per a management plan, including agriculture, agro-forestry, livelihood, recreation, and tourism.
RA 9072 - National Caves and Cave Resources Act (2001)
- RA 9072 conserves and protects caves as natural wealth.
- This act regulates cave management, utilization, and sets penalties.
- A cave is defined as any natural underground void large enough for a person to enter, including extensions.
RA 9147 - Wildlife Resources Conservation and Protection Act
- It defines "wildlife" as wild flora and fauna in all stages, including those in captivity.
- This act conserves wildlife, establishes critical habitats, regulates bioprospecting, and prohibits specific actions.
- Violations incur fines and penalties.
Classification of Wildlife Species
- Classifications include Critically Endangered, Endangered, Vulnerable, Other Threatened, and Other Wildlife Species.
Illegal Acts & Penalties Related to Wildlife
- Exceptions include religious rituals, incurable disease, ending suffering, authorized research with imminent danger to humans.
- Killing wildlife leads to imprisonment (6 years, 1 day to 12 years) and fines (₱100,000 to ₱1M).
- Inflicting injury to wildlife carries imprisonment (4-6 years) and fines (₱50,000 to ₱500,000).
- Damaging critical habitats includes imprisonment (1 month to 6 years) and fines (₱5,000 to ₱5M).
- Introducing or reintroducing wildlife resources has penalties of 1-8 years imprisonment and ₱5,000 to ₱5,000,000 in fines.
- Trading of wildlife gets 2-4 years imprisonment and ₱5,000 to ₱300,000 in fines.
- Collecting, hunting, or possessing wildlife incurs 2-4 years imprisonment and ₱30,000 to ₱300,000 fines.
- Destroying nests or host plants carries 2-4 years imprisonment and ₱30,000 to ₱300,000 fine.
- Maltreating wildlife (transporting) gets 6 months to 1 year imprisonment and ₱50,000 to ₱100,000 fines.
Blue Laws
- The Blue Laws include water resources.
PD 1067 - The Water Code of the Philippines
- PD 1067 governs water resource ownership, utilization, development, conservation, and related land rights.
- Underlying principles state that all waters belong to the state and cannot be subject to acquisitive prescription and the state may permit water's use or development administratively subject to control.
Water Definition
- Refers to underground, above ground, atmospheric and sea waters.
Appropriation or Use of Waters
- Appropriation is acquiring rights to water use via diversion from a natural source.
- Water can be appropriated for domestic, municipal, irrigation, power generation, fisheries, livestock, industrial, recreational, and other purposes.
- Water use requires a water right/permit from the government.
- Exemptions include hand-carried receptacles, bathing, watering animals, and transporting logs.
- Landowners can use water found for domestic purposes.
- Easements include public use zones along rivers and stream of 3 meters in urban, 20 meters in agricultural and 40 meters in forest areas.
Prohibited Acts
- Domestic use by a landowner of ground water without registration, failing to comply with permit terms, unauthorized water use or transfer, drilling wells without permission, water appropriation without a permit unless exempted.
Fisheries, RA 8550 as Amended by RA 10654 - Philippine Fisheries Code of 1998
- It provides management, development, and allocation system for fisheries and aquatic resources in the Philippines.
- Applies to all Philippine waters, including the Exclusive Economic Zone (EEZ), continental shelf, aquatic/fishery resources in inland, coastal, or offshore areas and aquaculture or fishing-related businesses.
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