Environmental Policies and Standards in the Philippines PDF

Environmental Policies and Standard 1987 Philippine &Constitution the Environment Presented by : ATTY. JULIUS VICTOR C. DEGALA, BS BIO, JD, PCO ...

Environmental Policies and Standard 1987 Philippine &Constitution the Environment Presented by : ATTY. JULIUS VICTOR C. DEGALA, BS BIO, JD, PCO Article 2 Section 16 of the 1987 Constitution provides: 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.  Article 12, of the 1987 Constitution Section 2 provides: All lands of the 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. 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.  Article 12, of the 1987 Constitution Section 2 provides: The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons.  Article 12, of the 1987 Constitution Section 2 provides: The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. Article 12, of the 1987 Constitution Section 3 provides: Lands of the public domain are classified into agricultural, forest or timber, mineral lands and 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. Article 12, of the 1987 Constitution Section 3 provides: Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant. Article 12, of the 1987 Constitution Section 3 provides: Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.  Article 12, of the 1987 Constitution Section 4 provides: 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. Presented by: Atty. Julius Victor C. Degala, BS BIO, JD, PCO Key words R.A. No. 8749 & 9275 1. Air pollutant means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances. 2. Air pollution means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes. 3. Ambient air quality means the general amount of pollution present in a 4. Aquifer means a layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs. 5. Beneficial use means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes. 6. Contamination means the production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use. 7. Drinking water means water intended for human consumption or for use 8. Freshwater means water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in groundwater, rivers, ponds and lakes. 9. Groundwater means a subsurface water that occurs beneath a water table in soils and rocks, or in geological formations. 10. Non-point source means any source of pollution not identifiable as point source to include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas. 11. Point source means any identifiable source of pollution with specific point of discharge into a particular water body. 12. Septage means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks and cesspools. 13. Sewage means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, building, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain waste or other places or the combination thereof. 14. Sewerage includes, but is not limited to, any system or network of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point of disposal. 15. Water Pollution means any alteration of the physical, chemical, biological, or radiological properties of a water body resulting in the impairment of its purity or quality. 16. Water Quality means the characteristics of water, which define its use in characteristics by terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated. Presented by: Atty. Julius Victor C. Degala, BS BIO, JD, PCO Key words R.A. No. 9147 1. Bioprospecting shall refer to the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely for commercial purposes. 2. By-product or derivatives means any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens. 3. Captive-breeding/culture or propagation means the process of producing individuals under controlled conditions or with human interventions. 4. Conservation means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat. 5. Critically endangered species refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future. 6. Economically important species refers to species or subspecies which have actual or potential value in trade or utilization for commercial purpose. 7. Endangered species refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating. 8. Endemic species refers to species or subspecies which is naturally occurring and found only within specific areas in the country. 9. Exotic species refers to species or subspecies which do not naturally occur in the country. 10. Export permit refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country. 11. Gratuitous permit means permit issued to any individual or entity engaged in noncommercial scientific, or educational undertaking to collect wildlife. 12. Habitat means place or environment where species or subspecies naturally occur or has naturally established its population. 13. Import permit refers to a permit authorizing an individual to bring in wildlife from another country. 14. Indigenous wildlife means species or subspecies of wildlife naturally occurring or has naturally established population in the country.