Green Laws.pdf

are TOOLS for Protecting Natural Resources GREEN LAWS Brown Laws BLUE LAWS GREEN LAWS  GREEN LAWS PCUD Green laws are those that deal with the protection, conservation, utilization and development of forests, other land–based natural resources, and wildlife...

are TOOLS for Protecting Natural Resources GREEN LAWS Brown Laws BLUE LAWS GREEN LAWS  GREEN LAWS PCUD Green laws are those that deal with the protection, conservation, utilization and development of forests, other land–based natural resources, and wildlife.  Degredation Deforestation ↓ What is REDD + What are the eligible activities? ❑ Reducing emissions from Co-benefits: deforestation and; ❑ Socio-economic ❑ Reducing emissions from forest benefits /livelihood degradation; improvement ❑ Conservation of forest carbon stocks; ❑ Biodiversity ❑ Sustainable management of forest; conservation ❑ Enhancement of forest carbon stocks. ❑ Ecosystem services  The crucial role of REDD+ ❑ Reducing Emissions from Deforestation and forest Degradation + - an innovative mechanism for developing countries like the Philippines to receive incentives for protecting and sustainably managing their forests 🡺 conservation of forest carbon stocks = protection 🡺 sustainable management of forests = management enhancement of forest carbon stocks = rehabilitation Co-benefits: Livelihoods Biodiversity conservation Ecosystem services  REDD-Plus ❑ A proposed incentive system for reducing GHG emissions ❑ Industrialized countries would provide financial incentives for forested, developing countries to manage and protect forests to reduce their GHG emissions and enhance carbon stocks ❑ Performance-based, such that payments would only be delivered if emissions were reliably reduced  FORESTRY REFORM CODE OF THE PHILIPPINES Presidential Decree No. 389 February 5, 1974 Codifying, Revising and Updating All Forestry Laws and for Other Purposes REVISED Presidential Decree No. 705 known as the “REVISED FORESTRY CODE OF THE PHILIPPINES” which was issued during the Marcos Administration in 1975 Effectivity is immediately upon promulgation- May 19, 1975.  Basic Principles and Policies a. The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and technology, and the public welfare; b. Land classification and survey shall be systematized and hastened;  Basic Principles and Policies c. The establishment of wood-processing plants shall be encouraged and rationalized; and d. The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. (Section 2, P.D. 705)  EXECUTIVE ORDER 277 Amending Section 68 of Presidential Decree No. 705. as Amended, for the Purpose of 1. Penalizing Possession of Timber of Other Forest Products without the Legal Documents Required By Existing Forest Laws, 2. Authorizing the Confiscation of Illegally Cut, Gathered, Removed and Possessed Forest Products, and 3. Granting Rewards to Informers of Violations of Forestry Laws, Rules and Regulations  Delineation, Classification and Demarcation of Su te me State Forestlands for ppor nal Ho ble d sta gra nt De For urc I list Su tio n ina te of SF t ve es es ic, and titu M lop try Executive Re Ins so Order No. 318, 2003 SUSTAINABLY an Re an Pr icin urce g SF lop va d ve er se d m tion op MANAGED Pr De ns Ba er g of s an t en d Co ty- Fin Va Fo d s FOREST o an st uni lua re Incentives for Fo mm cin tio str Enhancing n y Co Private Investments, re Economic Contribution and M Global Competitiveness of Forest-Based Industries  A sustainable forest is a forest that is carefully managed so that as trees are felled they are replaced with seedlings that eventually grow into mature trees.  EXECUTIVE ORDERS E.O. No. Declaring Moratorium on the 23 Cutting and Harvesting of Timber in the Natural and Residual Forests and Creating the Anti-Illegal Logging Task Force Approved on February 1, 2011  EXEMPTIONS UNDER SECTION 2, ITEM 2.2 OF E.O. No. 23 - Clearing of road right of way by the DPWH - Site preparation for tree plantations - Silvicultural Treatment - Similar Activities  Exemptions under “similar activities” (as enumerated per Memorandum from the Office of the Executive Secretary dated 20 October 2011) ❑ Renewable Energy Projects Solar Wind WINDMILLS Geothermal 17  Exemptions under “similar activities” (as enumerated per Memorandum from the Office of the Executive Secretary dated 20 October 2011) ❑ Construction of transmission lines, telecommunications sites, substation sites, and other power generation projects, including maintenance activities on existing lines Telecommunication sites Transmission lines 18  Exemptions under “similar activities” (as enumerated per Memorandum from the Office of the Executive Secretary dated 20 October 2011) ❑ Infrastructure projects undertaken by government entities through private contractors Rehabilitation/ Road widening/ Road Right of way Airstrip 19  Exemptions under “similar activities” (as enumerated per Memorandum from the Office of the Executive Secretary dated 20 October 2011) ❑ Trees in public and private places that pose danger ❑ Mining operations with approved Environmental Protection and Enhancement Program (EPEP) 20  Exemptions under “similar activities” (as enumerated per Memorandum from the Office of the Executive Secretary dated 20 October 2011) ❑ Other priority activities of government and government-approved projects and programs and certified as a priority project by the President 21  EXECUTIVE ORDERS E.O. No. Declaration of the implementation of a 26 National Greening Program (NGP) as a government priority Approved on February 14 2011 E.O. No. The program was expanded through 193 EO 193 to include the remaining 7.1 million hectares of unproductive, denuded and degraded forestlands and the period of implementation was likewise extended from 2016 to 2028.  EXECUTIVE ORDERS E.O. No. Adopting Community-Based Forest 263 Management (CBFM) as the National Strategy to ensure the sustainable development of the country’s forestlands resources and providing mechanisms for its implementation DAO No. 96-29 IRR  Republic Act No. 7161 Incorporating (RENUMBERING) certain Sections of the National Internal Revenue Code of 1977, as amended, to PD No. 705, and providing amendments by increasing the forest charges on timber & other forest products Banning the cutting of Mangrove nationwide. DAO No. 95-19 – Rates of Forest Charges Pursuant to R.A. No. 7161 24 P.D. 705 E. O. 277-July 25, 1987 R.A. 7161-October 10, 1991 Section 68. Cutting, SECTION 1. Section 68 of Presidential SEC. 7. Section 77 of Presidential Decree gathering and/or Decree (P.D.) No. 705, as amended, is No. 705, as amended, as numbered herein, collecting timber or other hereby amended to read as follows: is hereby repealed. products without “Section 68. Cutting, Gathering and/or license. Any person who collecting Timber or Other Forest Products Section 68 of Presidential Decree No. 705, shall cut, gather, collect, Without License. – Any person who shall as amended by Executive Order No. 277 or remove timber or other cut, gather, collect, remove timber or other dated July 25, 1987, and Sections 68-A and forest products from any forest products from any forest land, or 68-B of Presidential Decree No. 705, as forest land, or timber from timber from alienable or disposable public added by Executive Order No. 277, are alienable and disposable land, or from private land, without any hereby renumbered as Sections 77, 77-A public lands, or from authority, or possess timber or other forest and 77-B. private lands, without any products without the legal documents as authority under a license required under existing forest laws and Accordingly, the succeeding Sections 69 to agreement, lease, license regulations, shall be punished with the 80 of Presidential Decree No. 705, as or permit, shall be guilty of penalties imposed under Articles 309 and amended, are hereby renumbered as qualified theft as defined 310 of the Revised Penal Code: x x x Sections 78 to 89, respectively, and and punished under Sections 80-A, 80-B to 83 are hereby Articles 309 and 310 of theSECTION 2. Presidential Decree No. 705, as renumbered as Sections 89-A, 89-B to 92, Revised Penal Code; x x x amended, is hereby further amended by respectively. adding Sections 68-A and 68-B which shall Section 69. Unlawful read as follows: occupation or destruction “Section 68-A. Administrative Authority of of forest lands. the Department Head or His Duly Authorized Representative to Order Confiscation. “Section 68-B. Rewards to Informants. CHAPTER IV Criminal Offenses and Penalties SECTION 77. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License. – Any person who shall cut, gather, collect, removed timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: x x x SECTION 77-A. Administrative Authority of the Department Head or His Duly Authorized Representative to Order Confiscation. – In all cases of violations of this Code or other forest laws, rules and regulations, the Department Head or his duly authorized representative, may order the confiscation of any forest products illegally cut, gathered, removed, or possessed or abandoned, and all conveyances used either by land, water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the matter. SECTION 77-B. Rewards to Informants. – Any person who shall provide any information leading to the apprehension and conviction of any offender for any violation of this Code or other forest laws, rules and regulations, or confiscation of forest products shall be given a reward in the amount of twenty per centum (20%) of the proceeds of the confiscated forest products. CHAPTER IV Criminal Offenses and Penalties SECTION 78. Unlawful Occupation or Destruction of Forest Lands and Grazing Lands. – Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others, any forest land or grazing land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or grazing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or grazing land, or refuses to vacate the area when ordered to do so, pursuant to the provisions of Section 53 hereof shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00), nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense, and be liable to the payment to ten (10) times the rental fees and other charges which would have accrued has the occupational and use of the land been authorized under a license agreement, lease, license or permit: x x x. Section 77. Illegal Logging Section 78. Unlawful Occupation/Destruction of Forestlands CHAPTER IV CRIMINAL OFFENSES AND PENALTIES Section 78 Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License Any person who shall cut, gather, collect, remove timber or other forest products from any forestland, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnership, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation. The Court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathered, collected, removed, or possessed, as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are found. [As amended by PD No. 1559, and by EO No. 277, prom. July 25, 1987, 83 OG No. 31, Aug. 3, 1987] Section 78-A Administrative Authority of the Department Head or His Duly Authorized Representative to Order Confiscation In all cases of violations of this Code or other forest laws, rules and regulations, the Department Head or his duly authorized representative, may order the confiscation of any forest products illegally cut, gathered, removed, or possessed or abandoned, and all conveyances used either by land, water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the matter. [As added by EO No. 277] Section 78-B Rewards to Informants Any person who shall provide any information leading to the apprehension and conviction of any offender for any violation of this Code or other forest laws, rules and regulations, or confiscation of forest products, shall be given a reward in the amount of twenty per centum (20%) of the proceeds of the confiscated forest products. [As added by EO No. 277] CHAPTER IV CRIMINAL OFFENSES AND PENALTIES Section 79 Unlawful Occupation or Destruction of Forest Lands and Grazing Lands Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others, any forest land or grazing land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or grazing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or grazing land, or refuses to vacate the area when ordered to do so, pursuant to the provisions of Section 53 hereof shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00), nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense, and be liable to the payment of ten (10) times to the rental fees and other charges which would have accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisonment for not less than two (2) nor more than four (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without prejudice to the payment of the full cost of production of the occupied area as determined by the Bureau: Provided, further, That the maximum of the penalty prescribed herein shall be imposed upon the offender who repeats the same offense and double the maximum of the penalty upon the offender who commits the same offense for the third time. In all cases, the Court shall further order the eviction of the offender from the land the forfeiture to the government of all improvements made and all vehicles, domestic animals and equipment of any kind used in the commission of the offense. If not suitable for use by the Bureau, said vehicles, domestic animals, equipment and improvements shall be sold at public auction, the proceeds of which shall accrue to the Development Fund of the Bureau. x x x  HISTORY OF PHILIPPINE FORESTRY -it has been marked by rampant and rapid human utilization and exploitation of the forest resources encouraged by past forest policies that allowed exploitative activities, which led to severe deforestation of the country’s forest land. Trends in Forest Policy in the Philippines Extent of Forest Cover Loss in the last 100 years 70% 18.3% Source: Environmental Science for Social Change, 1999 P.D. 705 still exhibits the same utilitarian policy… BUT introduced the idea of sustainable use of Forest Resources. DENR is the primary controller of public lands and resources, including forest lands. The dual mandate of DENR: - to protect and conserve the environment and; - to promote the utilization of natural resources. FOREST MANAGEMENT BUREAU (FMB) (by virtue of Executive Order 192, 1987) - provides advice to the DENR Secretary on forest management, development, conservation and protection; - absorbed the functions & the powers of the defunct Bureau of Forest Development (est.1974) DENR Regional Offices – exercises line functions & powers  Forest lands – versus – Forests Not the same, not even to be used interchangeably  Our FORESTS… This immediately brings to mind FORESTS… OUR LIFE Forest refers to an ecosystem or an assemblage of ecosystems dominated by trees and other woody vegetation; a community of plants and animals interacting with one another and its physical environment.  BENEFITS FROM FORESTS Provisioning Services Food, medicine, fresh water, wood, fiber, fodder, energy, etc. Supporting Natural Processes Biodiversity maintenance, pollination, water filtration, production of atmospheric oxygen, etc. Regulating Environmental Processes Water flow regime, soil erosion regulation, etc.  FOREST is descriptive of what appears on the land… FORESTLAND is the legal status, a classification for legal purposes Land Classification Map 1. Prepare 1/4 sheet of yellow paper. 2. Write your name. 4. See the example below. 1…2…3…4…5… 6…7…8…9…10… 1.Can there be a forestland without a single tree on it?  PASS NOW YOUR PAPERS….  FOREST is descriptive of what appears on the land… FORESTLAND is the legal status, a classification for legal purposes Legal Classification of the Philippine’s total land area of 30 million hectares. NP/GRBS/ Military and Naval Established Certified WA, 4.47% Reservation,.42% Timberland, A & D, 47.32% 33.52% Unclassified Public Established Forest Civil Fishponds,.30% Reserves, 10.90% Reservation,.55% Forest, 2.52% Philippines total land area: about 30 million hectares (29.995) Land Classification, Philippines d i n c lu d e s a reas the forest lan fo re s t but id o f that are devo d a s f o rest ta in e are still main sh e d and w a te r land for 14.19o s e s dMue to 15.805 M protection p u r p n as steep slopes, (47.3%) h ig h e le v a ti o (52.7%) well as for s t re a m c h a nnel stabilization. How about lands that have already been occupied, developed and sold to investors, can these lands be still considered forestland, thus belonging to the land of the public domain? DENR Secretary et al. vs. Mayor Yap et al. G.R. No. 167707 (consolidated with G.R. No. 173775), October 8, 2008  DENR Secretarry et al. vs. Mayor Yap et al. G.R. No. 167707 (consolidated with G.R. No. 173775), October 8, 2008 -atstake in these consolidated cases is the right of the present occupants of Boracay Islands to secure titles over their occupied lands. xxx Boracay Island in the Municipality of Malay, Aklan, with its powdery white sand beaches and warm crystalline waters… is reputedly a premier Philippine tourist destination. The island is also home to 12,003 inhabitants who live in the bone-shaped island’s three (3) barangays. Boracay is an unclassified public land. Under Section 3 (a) of P.D. 705, said law categorizes all unclassified lands of the public domain as public forest. Being a public forest, it is not alienable. During the pendency of the first case (G.R. No. 167707-Petition for Review on Certiorari on the decision of CA affirming the RTC which ordered the survey of Boracay for titling purposes), Pres. Macapagal Arroyo, issued Proclamation No. 1064 classifying Boracay Island—400 has. as Forest Reserve and 628.96 has. as agricultural land. “…at any rate, the Court is tasked to determine the legal status of Boracay Islands, and look into its physical layout. Hence, even if its forest cover has been replaced by beach resorts, restaurants and other commercial establishments, it has not been automatically converted from public forest to alienable agricultural land…” “…while the Court is aware that millions of pesos have been invested for the development of Boracay Island, making it a by-word in the local and international tourism industry… “…while the Court commiserates with private claimants’ plight, we are bound to apply the law strictly and judiciously. THIS IS THE LAW AND IT SHOULD PREVAIL. ITO ANG BATAS AT ITO ANG DAPAT UMIRAL.  FOREST is descriptive of what appears on the land… FORESTLAND is the legal status, a classification for legal purposes Section 15 of the Revised Forestry Code (P.D. No. 705, as amended) Topography. – NO LAND of the public domain 18% in slope or over shall be classified as alienable and disposable, nor any forestland 50% in slope or over, as grazing land. Section 15 of the Revised Forestry Code (P.D. No. 705, as amended) C o n t i n u a t I o n… Lands 18% in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forestlands by the Department Head, to form part of the forest reserves, UNLESS Section 15 of the Revised Forestry Code (P.D. No. 705, as amended) Continuation… -they are already covered by existing titles and approved public land application Section 15 of the Revised Forestry Code (P.D. No. 705, as amended) Continuation… -they actually occupied openly, continuously, adversely and publicly for a period of not more than 30 years as of the effectivity of the Revised Forestry Code. And where the occupant is qualified for a free patent under the Public Land Act.… Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 1. Areas less than 250 hectares which are far from, or are not contiguous with any certified alienable and disposable land Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 2. Isolated patches of forest of at least 5 hectares with rocky terrain, or which protect a spring for communal use. Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 3. Areas which have already been reforested Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 4. Areas within forest concessions which are timbered or have good residual stocking to support an existing, or approved to be established, wood processing plant;  Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands where head waters emanate Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 6. Appropriately located road-rights of way;  Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least 5 meters wide;  Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 8. Strips of mangrove or swamplands at least 20 meters wide, along shorelines facing oceans, lakes, and other bodies of water, and strips of land at least 20 meters wide facing lakes;  Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Areas needed for Forest Purposes. The following lands , even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable, TO WIT: 10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird sanctuaries, national shrines, national historic sites. Section 16 of the Revised Forestry Code (P.D. No. 705, as amended) Provided… that in case an area falling under any of the foregoing categories shall have been titled in favor of any person, steps shall be taken, if public interest so requires… to have said title cancelled or amended; or the titled area expropriated. PRESIDENTIAL DECREE NO. 1998 AUTHORIZING THE CLASSIFICATION AND/OR RECLASSIFICATION OF LANDS EIGHTEEN PERCENT IN SLOPE OR OVER IN THE PROVINCES OF CEBU AND BENGUET AS ALIENABLE AND DISPOSABLE LANDS WHEREAS, the Provinces of Cebu and Benguet have peculiar topography and terrain wherein wide areas eighteen percent (18%) in slope or over have been cultivated to agricultural crops and/or developed as townsites; WHEREAS, the individuals who have introduced improvements in these have raised the problem of acquiring titles to their holdings; Closed Forest Mangrove  The closed forests in the forest lands include areas that have not been logged and logged-over areas whose vegetation have reached the closed canopy stage. The plantation areas include those covered by IFMA, SIFMA, AFFLA, TFLA and CBFMA and plantations and reforestation projects established through government efforts and as compliance to terms and conditions of licenses/lease agreements.  A major portion of the open forests in the forest zone falls within areas logged by timber license agreement holders including those portions affected by timber poaching, areas destroyed by fire and other forest disturbances. The mangrove areas within the forest zone are those that have remained intact as a result of the ban on the cutting of mangrove species with the forest zone pursuant to Republic Act No. 7161. Land Use in Forest land Forest lands, being part of the public domain, are subject to the rules of government on what can and cannot be done on the land and to all the natural resources therein H O W? Section 20- License Agreement, License, Lease or Permit No person may utilize, exploit, occupy, possess or conduct any activity within any forest and grazing land, or establish, install, add and operate any wood or forest products processing plant, unless he had been authorized to do under a license agreement, license, lease or permit.  Privileges and Definitions LEASE - A privilege granted by the State to a person to occupy and possess, in consideration of specified rental, any forest land of the public domain in order to undertake any authorized activity therein.  Privileges and Definitions LICENSE - A privilege granted by the State to a person to utilize forest resources within any forestland, without any right of occupation and possession over the same, to the exclusion of others, or establish and operate a wood processing plant, or conduct any activity involving the utilization of any forest resources.  Privileges and Definitions LICENSE AGREEMENT - A privilege granted by the State to a person to utilize forest resources within any forest land, with the right of possession and occupation thereof to the exclusion of others EXCEPT the government, but with corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement.  Privileges and Definitions PERMIT - A short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity within any forest land without any right to occupation and possession therein.  Under the 1987 Constitution: The u tilization of Forestry Resources may be - 1. Directly by the State, or 2. The State entering into: Production Sharing Agreements Co-production Joint Venture Agreements The Department of Environment and Natural Resources is the primary government agency that is in charge of managing natural resources in the country… It has the mandate to assign forest areas to other entities for management and utilization purposes. It can enter into different tenurial instruments and issue the same to qualified entities..,  FORESTRY TENURE A broad concept that includes ownership, tenancy and other arrangements for the use of forests. Forest tenure is the combination of legally or customarily defined forest ownership rights and arrangements for the management and use of forest resources.  FORESTRY TENURE Forest tenure determines… who can use? what resource? for how long? under what conditions?  FORESTRY TENURE INSTRUMENTS Community-Based Forest Mgt Agreement (CBFMA) CBFM is the Philippines’ main strategy for the sustainable development of its forest resources. The CBFM integrated and unified all people oriented forestry programs of the government. People’s Organization (Pos) was involved in these projects.  FORESTRY TENURE INSTRUMENTS Integrated Forest Management Agreement (IFMA) Socialized Forest Management Agreement (SIFMA)  FORESTRY TENURE INSTRUMENTS Tree Farm Lease Agreement (TFLA) Agro-Forestry Farm Lease Agreement (AFFLA)  FORESTRY TENURE INSTRUMENTS Forest Land Grazing Management Agreement (FLGMA) Forest Land-use Agreement (FLAg) Forest Land-use Agreement for Tourism (FLAgT) FORESTRY TENURE INSTRUMENTS PHASE Timber License Agreement (TLA) Tree Farm Lease Agreement (TFLA) OUT Agro-Forestry Farm Lease Agreement (AFFLA)  FORESTRY SHORT-TERM CONTRACTS & PERMITS Rattan Cutting Contract Wood Processing Plant Permit (operate sawmills, mini-sawmills, veneer & plywood plant, etc) Special Tree Cutting Permit Special/Private Land Timber Permit  FORESTRY SHORT-TERM CONTRACTS & PERMITS Wood Recovery Permit Special Land Use Permit Chainsaw Registration/Permit Wood Import/Export Permit Lumber Dealer’s Permit  TENURIAL INSTRUMENTS UNDER OTHER LAWS NIPAS ACT PROTECTED AREA COMMUNITY BASED RESOURCE MANAGEMENT AGREEMENT (PACBRMA)  TENURIAL INSTRUMENTS UNDER OTHER LAWS IPRA CERTIFICATE OF ANCESTRAL DOMAINS TITLE (CADT)  TENURIAL INSTRUMENTS UNDER OTHER LAWS IPRA CERTIFICATE OF ANCESTRAL LANDS TITLE (CALT)  APPROPRIATE TENURIAL INSTRUMENTS FOREST LAND ALIENA PRIVATE PROTECTED AREAS - BLE & MULTIPLE USE ZONE LANDS DISPOSA BLE CADT / CALT STRICT PROTECTION ZONE 1. Prepare 1/4 sheet of yellow paper. 2. Write your name. 4. See the example below. 1…2…3…4…5… 6…7…8…9…10… 1.Can there be a forestland without a single tree on it?  PASS NOW YOUR PAPERS….  APPROPRIATE TENURIAL INSTRUMENTS FOREST LAND ALIENA PRIVATE PROTECTED AREAS - BLE & MULTIPLE USE ZONE LANDS DISPOSA BLE CADT / CALT STRICT PROTECTION ZONE PROHIBITED ACTS AND PENALTIES  OFFENSES PUNISHABLE UNDER SECTION 77 OF P.D. 705, AS AMENDED. 1. Cutting, gathering, collecting or removing of timber or other forest products from any forest land without authority.  OFFENSES PUNISHABLE UNDER SECTION 68 OF P.D. 705, AS AMENDED BY EO 277, s. 1987. 2. Cutting, gathering, collecting or removing of timber from alienable or disposable public land or from private land land without authority.  OFFENSES PUNISHABLE UNDER SECTION 77 OF P.D. 705, AS AMENDED. 3. Possession of timber or other forest products without the legal documents as required under existing forest laws and regulations.  PERSONS LIABLE UNDER SECTION 77 OF P.D. 705, AS AMENDED. 1. The cutter 2. The gatherer 3. The collector 4. The remover 5. The possessor or any person who appear to be responsible for the commission of the offense.  PERSONS LIABLE UNDER SECTION 77 OF P.D. 705, AS AMENDED. 6. In case of partnerships, associations or corporations, the officers who ordered the cutting, gathering, collection or possession. LEGAL DOCUMENTS REQUIRED BY FOREST LAWS Documents for transport of logs/timber: 1. Computer generated Certificate of Timber Origin (DAO2007-31) 2. Auxiliary Invoices 3. Sales or Commercial Invoices 4. Log Supply Contract  DENR Administrative Order (DAO) No. 2007 - 31 SUBJECT : AMENDING CERTAIN PROVISIONS OF DENR ADMINISTRATIVE ORDER NO. 07, SERIES OF 1994 AND PRESCRIBING THE USE OF COMPUTER GENERATED CERTIFICATE OF TIMBER ORIGIN (CTO) AND CERTIFICATE OF LUMBER ORIGIN (CLO) FORMS LEGAL DOCUMENTS REQUIRED BY FOREST LAWS Documents for transport of logs/timber: 5. Tally Sheets (logs must be marked with forest officer’s marking hatchet and Timber Licesnsee’s Registered Private Log (Par 7, DAO 34, S 1998) 6. Certificate of Transport Agreement (Sec. 3, DAO 59 S. 1990 amended by DAO-94-07) LEGAL DOCUMENTSREQUIRED BY FOREST LAWS Documents for domestic transport of minor forest products : 1. Certificate of Origin of Minor Forest Products 2. Auxiliary Invoice 3. Delivery Receipt LEGAL DOCUMENTSREQUIRED BYFOREST LAWS Documents for domestic transport of minor forest products : 4. Certificate of Inspection (BFD Circular No. 8, S. 1983) 5. Certificate of Transport Agreement (Sec.3 DAO 5 9, S. 1990 amended by DAO 9 4-07) forest products : defined definedby byDAO-97-32 DAO-97-32 Refers to TIMBER including lumber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, charcoal, or other forest growth, such as but not limited to grass, shrub, flowering plants in forest lands, and others. minor forest products : defined by the Revised Forestry License Regulation of 1970 firewood, charcoal, rattan, bamboo, daluru, bark, resin, gum, wood oil, beeswax, nipa, burl, fibre, dyewood, vine, flowering plants, ferns, orchids and other forest growth. ILLEGAL FOREST PRODUCTS: Any forest products that are removed, cut collected, processed and/or transported: a. Without the requisite authorization or permit b. With incomplete required supporting documents ILLEGAL FOREST PRODUCTS: Any forest products that are removed, cut collected, processed and/or transported: c. With genuine authorizations or permits and/or supporting documentation that have an expired validity, have been cancelled or that contain forged entries; ILLEGAL FOREST PRODUCTS: Any forest products that are removed, cut collected, processed and/or transported: d. With spurious (fake) authorizations, permits and/or supporting documentation. ILLEGAL FOREST PRODUCTS: In implementing these Rules, original documents shall be required at all times to actually accompany any forest products being moved or transported to any place and for any purpose. Whenever the requisite authorization and/or supporting documentation are required to but do not actually accompany the forest products, such absence constitutes a violation covered by these Rules.  Forest products or conveyances confiscated or seized pursuant to P. D. 705 are in custodia legis (Calub vs. Monsanto, et al., G. R. 105889, July 20, 1992, and applied by the Court of Appeals in Galeon vs. Hon. Getulio M. Francisco, et. Al. (C.A. G.R. S.P. No. 29693, July 30, 1993). Basis: The power of the DENR to seize or confiscate undocumented forest products, including conveyances is conferred by law, namely: Sec. 68-A of P. D. 705.  Administrative Authority of the DENR Secretary Representative to Order Confiscation. In all cases of violation of this code or other forest laws, rules and regulation, the Department Head or his duly authorized representative may order the confiscation of any forest products illegally cut, gathered, removed, or possessed or abandoned and all conveyances used either by land, water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulation or policies on the matter”. PERSONS LIABLE UNDER SECTION 78 OF P.D. 705, AS AMENDED. SECTION 78. Unlawful Occupation or Destruction of Forest Lands and Grazing Lands. – Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others, any forest land or grazing land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or grazing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or grazing land, or refuses to vacate the area when ordered to do so, pursuant to the provisions of Section 53 OTHER PROHIBITED ACTS ENUMERATED UNDER P.D. 705, AS AMENDED. Sections 79 80 81 82 83 84 85 86 87  Persons Authorized to Confiscate/Seize Forest Officer or Employee of the FMB Personnel of PNP Any agency, barangay or barrio official or any qualified person to be deputized by the Department Head Armed Forces of the Philippines  Other Persons Authorized to Confiscate/Seize DENR Officers and other authorized personnel of DENR, subject to some limitations Other persons and officers that may be designated by the Department Head in the exercise of his administrative authority  Role of LGUs in Forest Protection and Forest Law Enforcement (DENR-DILG-LGU, Memorandum Circular 98-01 amended by MC 2003-01) The following DENR functions have been devolved to the LGUs are the following: Provinces enforcement of forest laws, rules and regulation in CBFP areas, community watersheds and communal forest Cities CBFM areas, community watershed and communal forest within the territorial jurisdiction of the city. Barangays Barangay officials may be deputized by the DENR as DENRO SECTION 89. Arrest: Institution of Criminal Actions. A forest officer or employee of the Bureau or any personnel of the Philippine Constabulary/Integrated National Police shall arrest even without warrant any person who has committed or is committing in his presence any of the offenses defined in this Chapter. He shall also seize and confiscate, in favor of the Government, the tools and equipment used in committing the offense, and the forest products cut, gathered or taken by the offender in the process of committing the offense. x x x The Department Head may deputized any agency, barangay or barrio official, or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph. SECTION 89-A. The Armed Forces of the Philippines shall organize a special force in every region to help enforce the provisions of this Act under such rules and regulations as may be agreed upon by the Secretaries of National Defense and Natural Resources.  National Bureau of Investigation Environmental and Wildlife Protection Investigation Division (NBI-EWPID) This agency governed all VIOLATIONS of environmental laws. The agency can conduct field investigation, entrapment operations, evidence gathering and preparation of complaint against violators. Section 77. Illegal Logging Section 78. Unlawful Occupation/Destruction of Forestlands  CRISOSTOMO VILLARIN and ANIANO LATAYADA –versus- PP OF THE PHILIPPINES G.R. No. 175289 Mere possession of timber without the legal documents required under forest laws and regulations makes one automatically liable of violation of Section 68, Presidential Decree (P.D.) No. 705, as amended. Lack of criminal intent is not a valid defense. Accused-appellant’s possession of the subject lumber without any documentation clearly constitutes an offense under Section 68 of P.D. 705. We also reject appellant’s argument that the law only penalizes possession of illegal forest products and that the possessor cannot be held liable if he proves that the cutting, gathering, collecting or removal of such forest products is legal.  CRISOSTOMO VILLARIN and ANIANO LATAYADA –versus- PP OF THE PHILIPPINES G.R. No. 175289 There are two (2) distinct and separate offenses punished under Section 68 of P.D. 705, to wit: (1) Cutting, gathering, collecting and removing timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land without any authority; and (2) Possession of timber or other forest products without the legal documents required under existing forest laws and regulations.  CRISOSTOMO VILLARIN and ANIANO LATAYADA –versus- PP OF THE PHILIPPINES G.R. No. 175289 In the first offense, one can raise as a defense the legality of the acts of cutting, gathering, collecting or removing timber or other forest products by presenting the authorization issued by the DENR. In the second offense, however, it is immaterial whether the cutting, gathering, collecting and removal of the forest products is legal or not. Mere possession of forest products without the proper documents consummates the crime. Whether or not the lumber comes from a legal source is immaterial because E.O. 277 considers the mere possession of timber or other forest products without the proper legal documents as malum prohibitum.  CRISOSTOMO VILLARIN and ANIANO LATAYADA –versus- PP OF THE PHILIPPINES G.R. No. 175289 Violation of Sec. 68 of Presidential Decree No. 705, as amended, is malum prohibitum. As a special law, the nature of the offense is malum prohibitum and as such, criminal intent is not an essential element. “However, the prosecution must prove that petitioners had the intent to possess (animus possidendi)” the timber. “Possession, under the law, includes not only actual possession, but also constructive possession. Actual possession exists when the [object of the crime] is in the immediate physical control of the accused. On the other hand, constructive possession exists when the [object of the crime] is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found.”  OLYMPIO REVALADO –versus- PP. OF THE PHILIPPINES G.R. No. 170589 Petitioner was in possession of the lumber without the necessary documents when the police officers accosted him. x x x Mere possession of forest products without the proper documentation consummates the crime. Dura lex sed lex. The law may be harsh but that is the law.  Green Courts, 2008 Supreme Court Administrative Order No. 23-2008, January 08, 2008, Re: Designation of Special Courts (list of courts) to hear, decide and try environment cases An Act regulating the ownership, possession, sale, importation and use of chainsaws, penalizing violations thereof and other purposes DAO No. 2003-24 Implementing Rules & Regulations of R.A. No. 9175 Favorite TOOL of Illegal Loggers R.A. 9175 Section 3 (a) Chainsaw refers to any portable power saw or similar cutting implement rendered operative by an electric or internal combustion engine or similar means that may be used for, but is not limited to, the felling of trees or the cutting of timber.  DAO No. 2018-09 dated June 27, 2018 Subject: Amending Section 3 of DAO No. 2003-24 Implementing RA No. 9175. Section 3.1 of DAO No. 2003-24 shall be amended as follows: 3.1 Chainsaw refers to any portable power saw or similar cutting implement rendered operative by an electric or internal combustion engine or similar means that may be used for, but is not limited to, the felling of trees or the cutting of timber. This includes chainsaw, portable rotary lathe, mobile/portable band saw, wood mizer, mobile/portable wood chipper, or wood edger.  LAWFUL USE OF CHAINSAW Section 5, R.A. No. 9175 Applicant has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; Applicant is an orchard and fruit tree farmer; Applicant is an industrial tree farmer;  LAWFUL USE OF CHAINSAW Section 5, R.A. No. 9175 Applicant is a licensed wood processor and the chainsaw shall be used for the cutting of timber that has been legally sold to said applicant, or Applicant shall use the chainsaw for a legal purpose. Unlawful Use of Chainsaw  PROHIBITED ACTS under R.A. 9175 SECTION 7 (1) (2) (3) and (4) P.D. 705 and R.A. 9175  INSTRUCTIONS 1. Prepare 1/2 crosswise sheet of YELLOW paper. 2. Write your name. 3. Utilize only the FRONT portion of your paper for your answer. 4. Write legibly. 1…2…3…4…5… 6…7…8…9…10…  Cite the GREEN laws being violated. Briefly described the prohibited acts committed. APPROVAL: JULY 30, 2001 PUBLICATION: AUGUST 3, 2001 EFFECTIVITY :AUGUST 18, 2001  Three (3) AGENCIES are primarily tasked to enforce the law.  WILDLIFE wild forms and varieties of flora and fauna found in the country, whether endangered or not.  SALIENT FEATURES Scope of Application Wildlife species found in the country, and unknown general or unknown species or strains of known species that will later on be discovered or identified as occurring in the country. Exotic or foreign species as defined in the Order, which are subject to trade, are maintained, cultured and/or bred in captivity or propagated in the country, those that have been illegally introduced  Possession of Wild life Requirements Proof of financial & technical capability Facility to maintain the wildlife Obtained from legal sources Collection and/or Possession of By products and derivatives Obtained from legal sources  Collection of threatened Wildlife, By-products and derivatives Only for scientific breeding, or propagation purposes Only accredited individuals, business, research, educational or scientific entities  Local transport of wildlife and its by-products or derivatives (sec.10) Not prejudicial to the wildlife & public health Local transport permit Requirements (section 7 of DAO 55) Payment ▪Duly accomplished Inspection/verif of P100 for application form ication of the ▪Documents supporting the wildlife by the application legal possession or CENRO the and acquisition of wildlife nearest place processing of collection of local ▪Phytosanitary certificate using transport (for plants) or veterinary inspection permit quarantine (for animals report form (section 9 from the concerned DA of DAO 55) office  Exportation and importation of wildlife Obtained from legal sources Technical & financial capability of the recipient Requirements for CITES/Non-CITES Export permit (section 8.1 of DAO 55) 1. Duly accomplished application form 2. Inspection of wildlife by the DENR within 3 days 3. Documents supporting the legal possession or acquisition of wildlife 4. Bank export declaration, it for commercial purposes 5. Local transport permit, where applicable 6. Phytosanitary/veterinary Health Certificate 7. Payment of fee  Exportation & Importation of wildlife Requirements for CITES/Non-CITES Import Permit (Section 6.2 of DAO 55) 1. Duly accomplished application form 2. Export permit/certification of origin from exporting country 3. For live specimens, veterinary/ phytosanitary certificate issued by the authorized government agency of the country of origin 4. Payment of fee  Exportation & Importation of wildlife Requirement for CITES/Non-CITES Re-export Permit (section 6.3 of DAO 55 1. Duly accomplished application form 2. Inspection of wildlife by the DENR within 3 days 3. CITES/Non-CITES Import issued to the DENR of other documents supporting the legal possession or acquisition of wildlife 4. Local transport permit, where applicable 5. Bank export declaration, if for commercial purposes 6. Phyto-sanitary/veterinary Health Certificate 7. Payment fee  Conservation breeding/ propagation of threatened species To enhance wildlife population in natural habitat Simultaneous rehabilitation and/or protection of the habitat where the bred/propagated species shall be released/reintroduced/restocked List of threatened species for commercial breeding  Bioprospecting Sec. 5 (a). “Bioprospecting” refers to research, collection, and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom SOLELY FOR COMMERCIAL PURPOSES.  Scientific Researches on wildlife Execution of an undertaking/agreement with the DENR or DA or PCSD Issuance of a Gratuitous permit Prior clearance from concerned sectors In case of foreign applicants, active involvement of local institution in the research  Deputation of Wildlife Enforcement Officers NGO’s, citizens groups, community organizations & other volunteers with training Designation of officers from PNP, AFP, NBI & other law enforcement agencies Existing deputized NGOs, POs, or DENROs may be deputized as WEO  Deputation of Wildlife Enforcement Officers Functions Seize illegally collected, possessed and/or traded wildlife or parts, by-product and/or derivatives thereof Arrest without warrant any person who has committed, is committing, or is about to commit in his presence any of the offences provided under the Act and other relevant laws, rules and regulations Assist in the conduct of surveillance and monitoring of wildlife related activities  Deputation of Wildlife Enforcement Officers Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with the appropriate official designated ba law to conduct preliminary investigation Deliver within reasonable time to the nearest CENRO, PENRO or DENR RO of BFAR Regional/Provincial Offices or PCSDS District Management Office for custody of all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools, equipment and conveyances used in the commission of the crime, including corresponding reports.  Deputation of Wildlife Enforcement Officers Act as witness in the court for the speedy prosecution of criminal complaints against wildlife violators Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors Coordinate with other law enforcement agencies for security, if necessary  Deputation of Wildlife Enforcement Officers Incentives Reasonable daily living and transportation allowances Per diems Hazard pay Health care and medical assistance Free legal assistance in case of harassment suits and prosecution of wildlife cases Honoraria Insurance coverage Financial assistance  PROHIBITED ACTS under R.A. 9147 SECTION 27 (a) (b) (c) (d) (e) (f) (g) (h) and (i) Killing and destroying wildlife species Section 27(a) Inflicting injury which cripples and/or impairs the reproductive system of wildlife species Section 27(b) Gathering or destroying active nests, nesttrees, and host plants Section 27(g) Maltreating and Inflicting Injuries Section 27(H) b. When the wildlife is c. When it is deemed necessary affected by incurable to put an end to the misery communicable disease suffered by the wildlife d. When the wildlife is killed e. When it is done to prevent or destroyed after it has an imminent danger to the been used in authorized life or limb of a human research experiment being  Dumping of waste detrimental Squatting or otherwise to wildlife occupying a certain portion of critical habitat Mineral exploration and/or extraction Logging Burning Quarrying Committing certain acts in critical habitats Section 27© “Introduction” means bringing species into the wild that is outside its natural habitat. “Re-introduction” means an attempt of re-establishing the population of a species/subspecies of wildlife in a location where it has historically occurred but is now extinct. “Restocking” means the process of replenishing an existing population of wildlife with additional species/subspecies with in its range.  Introduction, re-introduction, and restocking of endemic and indigenous wildlife Requirements: Only for population enhancement or recovery Prior clearance from the Secretary/Council Conduct of scientific study (bio-ecology) Management plan Public consultation with concerned sectors by proponent  Trading Section 27(e) Collecting, Hunting, or Possessing Section 27(f) Transporting of wildlife Section 27(i)  to conserve, protect Declaration and of Policy manage caves and cave resources as part of the country's natural wealth shall strengthen cooperation and exchange of information between governmental authorities and people who utilize caves and cave resources for scientific, educational, recreational, tourism and other purposes. “A natural hole or opening extending from the surface of the Earth to the underground, big enough for a person to enter. It includes any natural pit, sinkhole, subterranean passage, and other features extending from a cave entrance.” Cave Resources Animals and plants archaeological and paleontological deposits cultural artifacts speleogens & Speleothems  Values of Cave Habitat/sites of Biodiversity Provide life support system such as freshwater, food and shelter by human and other species Scientific studies (cave rocks and formations) Archeological finds Recreational experience Caving or spelunking National Historical Landmark CAVE ASSESSMENT and CLASSIFICATION (DMC 2007-04) Why Conduct Cave Classification?  Why Conduct Cave Assessment and Classification? - Helps ascertain the values of caves - provide answers to questions like: Is this cave the longest or the biggest? – Does it  Why Conduct Cave Classification? determine the appropriate sustainable use of caves determine appropriate management strategies - Is there a need to zone the cave to restrict access to certain areas? Need for permanent or seasonal closure of certain sections?, etc. ensure cave visitor’s safety  Factors to be considered in closing portions of caves Extremely hazardous passages – Presence of bad air – Difficult access – Waterlogged and Flood Prone Caves or Passages Indicators of Flood Prone Passages Difficult access, underground waterfalls  Factors to be considered in closing portions of caves Decorated caves – caves with fragile speleothems and speleogems that are prone to destructions Example: Crystal cave in Sagada, Mt. Province  Factors to be considered in closing Presence of rare, portions of caves endangered and endemic species Associated paleontological, archeological, historical and ethnographic values SECTION 4. Implementing Agencies In Coordination With: Local Government Units National Museum National Historical Institute Department of Tourism Section 7. Caves within Ancestral Domain/ Lands Consistent with the provisions of Republic Act No. 8371 and its implementing rules and regulations, the responsibility in the management and protection of caves and cave resources found within ancestral domain/land rests with the concerned indigenous people. Section 8. Caves Under the NIPAS Establishment of caves as protected areas and their management shall follow the provisions of Republic Act No. 7586/E-NIPAS Act and its rules and regulations.  SECTION 9. CAVES IN OTHER PUBLIC LANDS Caves which are not within ancestral domain/land and protected areas shall be managed in coordination with the concerned agencies mentioned in Section 4.  Section 14. Permits Appropriate permits for extraction of cave resources shall be issued in caves open for permit application. The RED shall issue visitor permits for caves classified for ecotourism. The collection of biological cave resources shall be governed by the provisions of R.A No 9147 and its IRR. The Secretary cannot issue permit for the removal of stalactites and stalagmites or any cave resources when it will adversely affect the value of a significant cave. Section 16. Deputation of Cave Protection Enforcement Officers (CPEO) The RED shall deputize Cave Protection Enforcement Officers from locally based non-government organizations, community organizations, indigenous people and other volunteers who have undergone necessary training for the purpose. deputized cave protection enforcement officion.  Section 17. Administrative Confiscations and Conveyance The Secretary or the concerned RED shall order the seizure and confiscation, in favor of the government, the gathered, collected, removed, possessed or sold cave resources including the conveyances and equipment used in violation of Section 7 of RA 9072 as reproduced in Section 18 of this Order. Violation of RA 9072 shall be governed by relevant existing laws, rules and regulation PROHIBITED ACTS under R.A. 9072 SECTION 7 (a) (b) (c)  AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES  PROHIBITED ACTS under R.A. 7586 SECTION 20 (a) (b) (c) (d) (e) (f) (g) (h) and (i) Hunting, destroying, disturbing, or mere possession of plants or animals without permits Section 20(a)  Dumping of waste products Section 20(b) Destroying objects of natural beauty or of interest to cultural communities Section 20(b) Leaving refuse and debris Section 20(h) Palaui Protected Landscape and Seascape Mt. Isarog Natural Park Bessang Pass Natural Monument Mt. Calavite Wildlife Sanctuary EXPANDED NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (ENIPAS) ACT OF 2018 RA 11038 Apo Reef Natural Park Lagonoy NBA Lidlidda-Banayoyo PL Kalbario Patapat Natural Park Mts. Iglit-Baco Mt. Bulusan Natural Park We have to en.wi kip ed understand the salient ia. or g provisions and amendments Apo Reef Natural Park introduced in the ENIPAS Act  OVERVIEW What are the salient features of the ENIPAS Act? What amendments were introduced in OVERVIEW the ENIPAS Act What are the new provisions in the ENIPAS Act?  MAJOR FEATURES OF ENIPAS ACT ✴ RETAINED PROVISIONS - 3 ✴ AMENDED PROVISIONS - 16 ✴ NEW PROVISIONS - 13  RETAINED PROVISIONS 4 – Categories of Protected Areas Apo Island PLS 7 - Disestablishment of Protected Area Chocolate Hills NM 18 - Field Officers SALIENT FEATURES Classifies 94 PAs as National Parks; Defines permanent boundaries Modifies PAMB composition Creates the PAMO Clarifies the IPAF 3.096 Million HEACTARES SALIENT FEATURES Administration and Management of the System by the DENR thru BMB Establishes Buffer Zones by the PAMB upon concurrence by the DENR  SALIENT FEATURES Recognizes existing local communities, townships and town centers Recognizes territories and areas occupied and conserved by ICCs/IPs Allows renewable energy development Grants tax exemptions  SALIENT FEATURES Provides wider coverage of prohibited acts Imposes higher fines and penalties Emphasizes administrative and criminal liabilities of LGUs  AMENDMENTS DECLARATION OF POLICY Recognition of conservation areas and management regimes being implemented by local government units, local communities and indigenous peoples DEFINITION OF TERMS Biodiversity Wetlands National Parks IPAF Olango Island Wildlife Sanctuary Other terms related to prohibited acts  AMENDMENTS ESTABLISHMENT AND EXTENT OF THE SYSTEM ❖ Establishment as Protected Areas – 94 protected areas classified as National Parks ❖ Remaining Initial Components  LIST OF 94 PROTECTED AREAS Mt. Pulag Protected Landscape RA 11685 Banao Protected Landscape RA 11688  AMENDMENTS ADDITIONAL AREAS TO BE INCLUDED INTO THE SYSTEM Shall undergo the same procedure as the remaining Initial Components  AMENDMENTS BUFFER ZONES ❖ Surrounding areas of PA may be designated to provide extra layer of B Z protection where restrictions may be applied S P ❖ Designated by the the DENR Z Secretary upon recommendation of B Z the PAMB ❖ In case of private lands, owners are Core zone required to design development Buffer zone with due consideration to the Management Plan  AMENDMENTS MANAGEMENT PLANS ❖ Basic long term framework plan for the management of the protected area and guide in the preparation of its annual operations plan and budget ❖ Formulation of management plan within 1 year from the MT. TIMOLAN PL establishment of protected area ❖ Harmonization with ADSDPPs, CLUPs, and other local plans  AMENDMENTS ADMINISTRATION AND MANAGEMENT OF THE SYSTEM ✴ Control and administration by the DENR thru the BMB ✴ DENR Secretary is empowered to perform several acts as provided Section 8  AMENDMENTS PROTECTED AREA MANAGEMENT BOARD ❖ PAMB to be created for each PA within 3 mos. after the effectivity of the ENIPAS Act ❖ Expansion of PAMB membership; DENR chairs ❖ Ex officio members are DENR RD; Governor; Senator; District Rep; Mayor; Brgy Chairperson; RD of DA, NEDA, DOST, PNP and DND; will serve for the duration of their respective term of office ❖ Other PAMB members: 3 either NGO/PO reps; at least 1 but more than 3 IP/ICC reps, 1 academe, 1 private sector; will be appointed by the DENR Secretary and will serve a term of 3 years and may be reappointed for another 3 years  AMENDMENTS ENVIRONMENTAL IMPACT ASSESSMENT ❖ Proposed projects and activities with potentially significant impacts whether within or outside the scope of the management plan is subject to EIA ❖ For development projects and activities that are not environmentally critical, an Initial Environmental Examination (IEE) shall be undertaken instead of a full-blown EIA ❖ No project or activity may be undertaken by without prior clearance from the PAMB ❖ The DENR shall require the submission of the {AB clearance before issuing ECC  AMENDMENTS SURVEY FOR ENERGY RESOURCES ❖ Exploration may be allowed for purpose of data gathering and information and if such activity is carried out with least damage ❖ Development and operation of non-renewable energy projects prohibited in SNR and NP ❖ Renewable energy projects located in the multiple use zones may be allowed by the PAMB with the concurrence of the DENR Secretary ❖ Renewable energy projects will undergo EIA and shall adopt reduced impact technologies  AMENDMENTS ANCESTRAL DOMAINS, LANDS AND CUSTOMARY RIGHTS ❖ Territories and areas occupied by IPs and communities shall be recognized, respected, developed, and promoted ❖ ICCs and IPs have the responsibility to govern, maintain, develop, protect, and conserve such areas, in accordance with their indigenous knowledge systems and practices and customary law ❖ There shall be a mechanism for coordination and complementation between the indigenous traditional leadership and governance structures and the NCIP, DENR, government agencies, concerned LGUs and civil society organizations  AMENDMENTS AREAS UNDER THE MANAGEMENT OF OTHER DEPARTMENTS AND GOVERNMENT INSTRUMENTALITIES ❖ Jurisdiction shall remain in the concerned department or government instrumentality trekearth.com ❖ DENR to retain its oversight function ❖ Concerned agency shall provide annual reports on the management of such protected areas with focus on conservation of biodiversity therein  AMENDMENTS INTEGRATED PROTECTED AREA FUND ❖ Reiterates retention of 75% of PA income and clarifies utilization of 25% of the IPAF collection ✔ The seventy-five percent (75%) revenues generated from the protected area was used to support its operation and management ✔ The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the general fund in the National Treasury for purposes of financing the projects of the System  AMENDMENTS SPECIAL PROSECUTORS AND RETAINED COUNSEL ❖ DOJ to appoint Special Prosecutors to prosecute violations of laws, rules and regulations of protected areas ❖ SP to coordinate with the PAMB and the PASU in the preformance of duties and assist in the training of wardens and rangers in arrest and criminal procedures ❖ PAMB may retain the services of counsel  AMENDMENTS PROHIBITED ACTS ❖ Wider coverage of prohibited acts PENALTIES ❖ Imposition of higher rates of fines from PhP200,000.00 to Php 5 M. ❖ Stiffer penalty for violators such as imprisonment from 1 year up to not more than 12 years ❖ Penalty of perpetual disqualification from public office for the public/government officials  Section 18 of R.A. 11038 amended Section 20 of R.A. No. 7586 SECTION 20 (a) (b) (c) (d) (e) (f) (g) (h) and (i) SECTION 20 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v)  NEW PROVISIONS NEW PROVISIONS PROTECTED AREA MANAGEMENT OFFICE ❖ Headed by PASU sufficient number of support staff with permanent plantilla position ❖ Primarily accountable to the PAMB and the DENR for the management and operations of the protected area  NEW PROVISIONS NEW PROVISIONS TAX EXEMPTIONS ❖ All grants, bequests and endowments, donations and contributions made to the Protected Area fund in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.  NEW PROVISIONS EXISTING RIGHTS ❖ All property and private rights within the protected area shall be protected and respected, provided that the exercise of such rights shall be harmonized with the provisions of the act ❖ The renewal of permits, contracts and agreements shall be subject to the provisions of the Act. If the permits, contracts, and agreements are not renewed, such areas shall be rehabilitated by the permit holders and shall revert to national parks classification ❖ The occupation of LGUs and communities within the PA will also be respected and will continue to occupy such townships and town centers  NEW PROVISIONS TENURED MIGRANTS AND OTHER PROTECTED AREA OCCUPANTS ❖ Recognition of tenured migrants within protected areas ❖ The rights of the tenured migrants may be transferred only to the spouse or one of their direct descendants listed at the time of the survey  NEW PROVISIONS EXISTING FACILITIES ❖ Inventory of all existing facilities within the PA shall be conducted and will be submitted to DENR Secretary ❖ The PAMB may impose conditions for the continuous operation of a facility found to be detrimental to the protected area ❖ Existing facilities allowed to remain within the protected area shall be charged a reasonable fee by the PAMB based on existing guidelines  NEW PROVISIONS SPECIAL USES WITHIN PROTECTED AREAS ❖ Special uses may be allowed within PA except in Strict Protection Zones and Strict Nature Reserves; the activities should be consistent with the PA Management Plan. ❖ Application is subject to the issuance of an ECC and approval by the Secretary or his/her duly authorized representative. ❖ User fee is equivalent to five percent (5%) of the zonal value of commercial land within the nearest barangay or municipality multiplied by the area of development plus one percent (1%) value of improvement as premium ❖ A sufficient bond shall be remitted by the proponent to the DENR to be released to the depository bank in the event of damage by or closure of the establishment  NEW PROVISIONS LOCAL GOVERNMENT UNITS ❖ LGUs within the PA shall participate in its management through representation in the PAMB ❖ All funds directly coming from the LGUs shall be exempted from the twenty-five percent (25%) remittance requirement for the IPAF ❖ LGUs shall continue to impose and collect other fees such as business permits and rentals of LGU facilities, provided, that they shall not impose property tax on properties owned by the government for areas covered by PA  NEW PROVISIONS LOCAL GOVERNMENT UNITS ❖ LGUs with territory inside PA shall align their plans according to the objectives of the PA Management Plan ❖ Administrative and criminal liabilities of LGU officials in case of failure to enforce or implement provisions of the Act  NEW PROVISIONS SITE SPECIFIC LEGISLATION ❖ PAMB may propose new legislations for Congressional action to appropriately respond to the distinct and particular needs and conservation requirements of the protected areas  NEW PROVISIONS JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ❖ To monitor and oversee the implementation of the Act and approval of the rules and regulations ❖ Composed of the Chairpersons of the Senate Committee on Environment and Natural Resources and the House Committee on Natural Resources as Chairperson and Co-Chairperson and five members each of the Senate and the House of Representatives  Ownership of Mineral Resources Section 4 All mineral resources in public and private lands and within the exclusive economic zones of the Republic of the Philippines are own by the State and xxx. Article XII, Section 2 of the 1987 Constitution EXPLORATION, DEVELOPMENT, UTILIZATION,and PROCESSING shall be under the full control and supervision of the STATE. Directly undertake activities or may enter into MINERAL AGREEMENTS with contractors.  Approved on March 3, 1995 Instituting new system of mineral resources exploration, development, utilization, and conservation. -V E R S U S - Effectivity: July 14, 1991  MINING OPERATIONS -Large Scale When Large? Mining -Small Scale When Small? Mining  MINING OPERATIONS Large Scale Mining Those done with the use of heavy equipment and machineries, and are primarily under the control and supervision of the DENR and the Mines and Geosciences Bureau (MGB)  MINING OPERATIONS Small Scale Mining Those done with small or artisanal tools, and is generally regulated and under the supervision of the DENR and the Local Government Units (LGUs), through the specific Provincial/City Mining Regulatory Boards (P/CMRBs) PROHIBITED ACTS under R.A. 7076 SECTION 27  QUALIFIED PERSON TO APPLY – Individual – Corporation, Partnership, Association or Cooperative  Permits and Agreements Section 20, 26 – Exploration Permit  Permits and Agreements Section 20, 26 – Mineral Agreements Mineral Production Sharing Agreement (MPSA) Co-Production Agreement Joint Venture Agreement  Permits and Agreements – TERM of Mineral Agreements - not exceeding twenty-five (25) years from the date of its execution - renewable for another term not exceeding twenty-five (25) years under the same terms and conditions, without prejudice to changes mutually agreed upon by the Government and the Contractor. AFTER 50 YEARS…. the operation of the mine may be undertaken by the Government or through a Contractor. awarded to the highest bidder in a public bidding -due publication -notice However, the original Contractor shall have the right to equal highest bid upon reimbursement of all reasonable expenses of the highest bidder.  Permits and Agreements – Financial or Technical Assistance Agreement – Small Scale Mining Permit – Industrial Sand and Gravel Permit – Mineral Processing Permit AREAS OPEN TO MINING OPERATION Section 18 – Public and private lands – Lands covered by expired/abandoned/canceled mining/quarrying rights – Mineral Reservations and – Timber or forest lands as defined in existing laws  AREAS CLOSED TO MINING APPLICATIONS Section 19 – Areas covered by valid and existing mining rights and mining applications AREAS CLOSED TO MINING APPLICATIONS – Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, province/municipal forests, tree parks, greenbelts, game refuge, bird sanctuaries and areas proclaimed as marine reserves/marine parks and tourist zones as defined by law and identified initial component of the NIPAS  AREAS CLOSED TO MINING APPLICATIONS –Areas expressly prohibited by law  AREAS CLOSED TO MINING APPLICATIONS – In military and other government reservations except upon written clearance from the government agency concerned  AREAS CLOSED TO MINING APPLICATIONS – Near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructures projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned  AREAS CLOSED TO MINING APPLICATIONS – Ancestral Lands No ancestral lands shall be opened for mining applications without prior consent of the indigenous community concerned AREAS CLOSED TO MINING APPLICATIONS – Ancestral Lands In the event of agreement with the indigenous cultural community, the royalty payment upon utilization of the mineral resources shall be agreed upon by the parties TRANSPORT and SHIPMENT of MINERAL RESOURCES Section 53 – An Ore Transport Permit OTP is required for the transport of mineral ore from the mine site to a stock yard or warehouse; TRANSPORT and SHIPMENT of MINERAL RESOURCES Section 53 – A Mineral Ore Export Permit is required for the shipment or export abroad of mineral ore from the stock yard or warehouse  TRANSPORT and SHIPMENT of MINERAL RESOURCES – Any transport or shipment of mineral ore without the required permits is a prima facie evidence of illegal mining and shall be sufficient cause for the confiscation of the mineral ore, tools, equipment utilized. – The violator will be liable for theft of mineral MINE SAFETY and ENVIRONMENTAL PROTECTION Section 63 – All contractors and permittees shall strictly comply with mine safety rules and regulations and the sanitary upkeep of the mining operations MINE SAFETY and ENVIRONMENTAL PROTECTION Section 63 – All contractors and permittees are required to secured a Certificate of Environmental Management and Community Relations Record (CEMCRR) ENVIRONMENTAL PROTECTION and ENHANCEMENT PROGRAM (EPEP) Section 69 – All contractors and permittees during the operation stage are required to submit, aside from the ECC, an EPEP providing the detailed description of the expected and considered acceptable impacts and shall set out the life of mine environmental protection and enhancement management in mining and the post mining land use potential of the area.  CONTINGENT LIABILITY and REHABILITATION FUND Section 71 – Mine Rehabilitation Fund Monitoring Trust Fund P 150,000.00 Rehabilitation Cash Fund P5,000,000,00 or 10% of the total amount to implement the EPEP  CONTINGENT LIABILITY and REHABILITATION FUND – Final Mine Rehabilitation/Decommissioning Fund (FMRDF) the annual provision shall be set up for the fund and shall be based on the total cost for the actual implementation of approved FMRD Plan  SOCIAL DEVELOPMENT and MANAGEMENT PROGRAM (SDMP) – All contractors and permittees are required to submit a SDMP for the host and neighboring communities; – The SDMP includes accredited activities such as education; health; infrastructure; livelihood  SETTLEMENT OF CONFLICTS (Chapter XIII) Quasi-judicial Bodies – Panel of Arbitrators (Regional Level) exclusive jurisdiction to hear and decide on: Disputes involving rights to mining areas Disputes involving mineral agreements or permits Disputes involving surface owners, occupants and claimholders/ concessionaires Those pending before the MGB or DENR before the effectivity of the Mining Act of 1995.  SETTLEMENT OF CONFLICTS (Chapter XIII) Quasi-judicial Bodies – Mines Adjudication Board with three (3) members 1. Secretary as the Chairman. 2. Director of Mines and Geosciences Bureau (MGB) 3. Undersecretary for Operations appellate jurisdiction over the decision and order of the Panel of Arbitrators. And what is your CALL?  RESPONSIBLE MINING…… Is responsible mining possible in the Philippines? Responsible mining is complying with the laws that already take into account its environmental, social, economic, cultural, and other impacts with the assumption that: the existing regulations are enough to safeguard the health of the environment and human communities, and that these come with effective mechanisms of implementation. Grounds for cancellation, revocation and termination of mineral agreements, permits and Financial or Technical Assistance Agreement (FTAA) –Chapter XVII – Late or non filing of requirements – Violation of the terms and conditions of Permits or agreements – Non-payment of Taxes and Fees Grounds for cancellation, revocation and termination of mineral agreements, permits and Financial or Technical Assistance Agreement (FTAA) –Chapter XVII – Failure to abide by the terms and conditions of tax incentives and credits – Falsehood or Omission of Facts in the Statement Before Mining Operation Environmental Impact Assessment/Environmental Impact Statement - Identify potential impacts of mining in a given area -Identify how the operation will be done so as to cause the least harm to the environment -Propose mitigation measures -Provide for rehabilitation and restoration plan in case damage is cause to the environment Therefore, when a mining company operation causes any form of pollution, then most likely there has been a violation of the terms and conditions of the ECC. IMPACT OF UNDERGROUND and OPEN PIT MINING  LOCATION OF MINERAL RESOURCES Aside from mineral resources, Within our lands these locations are also rich in other NON LIVING RESOURCES Under our that sustain economic activities seabed like farming, eco-tourism, and fishing. The lands where mineral resources are located may also have CULTURAL or ECOLOGICAL values not easily measured in monetary terms. If sold today, how much? -would be worth TRILLION of PESOS -47 Trillion (according to a leader in the mining industry) Ateneo School of Government, Mining, the Philippines and the Future (2011)  AVAILABLE LAND RESOURCE The search for minerals can occur on public land or private land but is generally prohibited in parks. Having access to as much of the land base as possible is critical to improve the likelihood of finding mineral deposits.  EXPLORATION This is the first step in the mine cycle. This is the search for mineral deposits. PRELIMINARY EXPLORATION STAGE conduct of evaluation (airborne or ground), mapping or sampling surveys of the Earth’s surface by prospectors and geologists. SECOND STAGE OF EXPLORATION more detailed surveys to determine the size and shape of the mineral deposit.  ASSESSMENT and APPROVAL The deposit details, and environmental and socio-economic information collected during exploration is used to plan and design the mine. It will include assessment of the potential value of the mineral deposit, and determining if it can be mined economically and in a responsible manner.  CONSTRUCTION The construction of the mine and associated buildings, as well as necessary infrastructure such as roads, bridges, and airports.  OPERATION In preparation: recruitment, hiring, and training of a wide range of personnel. Involves the extraction of the ore, separation of minerals, disposal of waste and shipment of ore minerals.  CLOSURE and REHABILITATION (shutdown and decommissioning) Involves the removal of equipment, dismantling of facilities and the safe closure of all mine workings. -site restoration (revegetation of waste rocks and disposal areas) -monitoring La Bugal-B’laan Tribal Association, Inc., vs. Victor O. Ramos, Secretary of DENR, et al. G.R. No. 127882, January 27, 2004 (ORIGINAL DECISION) The court ruled that the Mining Act of 1995 (R.A. 7942) that regulates mining contradicted the Constitution in allowing foreign entities to engage in activities exclusively reserved for Filipinos. La Bugal-B’laan Tribal Association, Inc., vs. Victor O. Ramos, Secretary of DENR, et al. G.R. No. 127882, January 27, 2004 (ORIGINAL DECISION) Sec. 2, Article XII of the Constitution provides that “FTAAs should be limited to “technical or financial assistance “ only. WMCP FTAA allows WMCP, a fully RP and foreign-owned mining corporation, to extend more than mere financial or WMCP technical assistance to the State, for with FTAA it permits WMCP to manage and agreement operate every aspect of the mining activity.  the foreign contractors provide capital, technology Also, in an EN andBANC technical know-how, resolution, andNo. G.R. managerial 127882. expertise December 1, in2004, the creation and The January operation 2004 of large-scale original decision mining/extractive was dramatically enterprises;, which overturned and theheld government, that…. through its agencies (DENR, MGB), actively exercises control The and supervision MINING ACT WASover the entire CONSISTENT WITH THE operation. CONSTITUTION ESPECIALLY ON THE MATTER INVOLVING FOREIGN PARTICIPATION UNDER FTAA.  CONTRIBUTIONS OF THE MINING INDUSTRY TO THE ECONOMY -bring jobs and infuse money into the local economy -mining sector contributes to economic growth in general  CONTRIBUTIONS OF THE MINING INDUSTRY TO THE ECONOMY EVEN SO, Is any positive number in terms of job generation and economic growth always a good thing? T O U G H QUESTIONS….TO ANSWER… How much incentive does the government give to the mining sector, which should be deducted from the net benefits to the country and local people? How much more (or less) can the government get if it considers alternative uses of the land? Are Filipinos (as a people) really better off with mining, and is the government getting the best deal for its people? KNOWN FACTS THAT CAN HELP IN THE ANALYSIS….. From the MINES and GEOSCIENCES BUREAU (MGB) ASIAN DEVELOPMENT BANK (ADB) U.P. SCHOOL OF ECONOMICS  CONTRIBUTIONS OF THE MINING INDUSTRY TO THE ECONOMY 1. Contribution of mining sector to employment generation - mining and quarrying sector’s contribution to national total employment has always been below 1% - 0.5% since 2008 until 2010. First half of 2011 is 0.6% (IN CONTRAST TO AGRICULTURE at 33% in 2011. - ALL OVER THE WORLD, extractive mining is known as a low-employment generating activity. Note: The TAMPAKAN PROJECT, with expected investments of $5.9 billion, will provide only 2,000 permanent jobs Tampakan Project? Tampakan Project? In the Philippines, in any mining decision, …it will always be the context of land use conflicts, that is then expressed politically, and sometimes violently. Because of this, mining decision cannot and never will be an easy nor fast decision in this country. Today, in the Philippines, the GROUND ZERO of mining is TAMPAKAN, SOUTH COTABATO -Where the largest untapped copper deposit in Southeast Asia can be found. -Sagittarious Mines Incorporated (SMI), a company majority-owned by global mining firm XSTRATA PLC. has the legal right to develop the TAMPAKAN deposit.  Xstrata plc was an Anglo-Swiss multinational mining company headquartered in Zug, Switzerland and with its registered office in London, United Kingdom. It is a major producer of coal (and the world's largest exporter of thermal coal), copper, nickel, primary vanadium and zinc and the world's largest producer of ferrochrome. Today, in the Philippines, the GROUND ZERO of mining is TAMPAKAN, SOUTH COTABATO -The US$5.9 billion project has been delayed by a decade when the legality of the Mining Act of 1995 (FTAA) was questioned until upheld by SC in December 2004. -With the legal case out of the way and the mining feasibility done, what was left for SMI to do is to get an environmental clearance for the TAMPAKAN PROJECT. Unfortunately for the project, in June 25, 2010, -Then-outgoing governor of South Cotabato Daisy Fuentes signed into law the province’s ENVIRONMENTAL CODE -Passed by an overwhelming 9-1 vote in the provincial legislature (strong manifestation of the will of the people in the province) -The Code bans the use of open-pit mining (technology that will be used to extract the minerals from Tampakan) Open-pit mining, open-cut mining or opencast mining is a surface mining technique of extracting rock or minerals from the earth by their removal from an open pit or borrow. This form of mining differs from extractive methods that require tunneling into the earth such as long wall mining. Open-pit mines are used when deposits of commercially useful minerals or rock are found near the surface; For minerals that occur deep below the surface underground mining (Block Caving) methods extract th