Environmental Policies and Ethics (Philippines)

**MODULE 6** **Environmental Policies and Ethics** **Chapter 1: Environmental Law and the Basis of Environmental Policies** **Environmental Law** - It is a field of law that is slowly gaining recognition on account of the realization that there is an urgent need to regulate human activ...

**MODULE 6** **Environmental Policies and Ethics** **Chapter 1: Environmental Law and the Basis of Environmental Policies** **Environmental Law** - It is a field of law that is slowly gaining recognition on account of the realization that there is an urgent need to regulate human activities because of their impact on the environment. - A body of law which contains elements to control human impact on earth. - Environmental Law ultimately recognizes that human activities affect, impact, and if left unattended, endanger the natural environment. Thus, rules with corresponding sanctions are implemented to ensure that human activities are regulated with the end goal of ensuring that the environment is adequately protected. The 1987 Philippine Constitution bears the framework of the Philippine Environmental Policy. In fact, the Preamble of the Constitution itself already lays down the foundation for the environmental provisions in the 1987 Constitution. The Preamble reads as: Our fundamental right to a healthy environment, however, is primarily embodied in Section 16, Article II of the Constitution. **Constitution** - The Constitution is the supreme and fundamental law of the land. - It is where all laws must abide or conform. - Defines the rights and responsibilities of every citizen of a country. - Serves as a "guide" on the enforcement and creation of laws. - Limit the powers of the government to protect the rights of individuals and provide a framework for the rule of law. **Basis of Environmental Policies and basic principles.** - **Article II, Section 16 of the Constitution** - *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.* - *[Doctrine of Intergenerational Responsibility and the Concept of Intergenerational Equity]* - *Intergenerational Equity* is defined as "each generation's responsibility to leave an inheritance of wealth no less than what they themselves have inherited. - *Intergenerational Equity* is a concept where the present generation has the responsibility to protect and preserve the environment and its resources so that the future or succeeding generation/s may enjoy the same benefits the present generation enjoyed. - Essentially, the present generation may sue on behalf of the future/succeeding generations for the protection of the environment and its resources. This is what we call the *Doctrine of Intergenerational Responsibility.* - Example Case: *Oposa v. Factoran.* - ***Jura Regalia/*Regalian Doctrine** - Medieval Legal term which literally means Law of the King. - Everything within his sovereignty is owned by him. - With respect to utilization of resources, the Philippines follows the Regalian Doctrine, according to which all natural resources, including all sources of potential energy, are owned by the state. - However, the state may allow exploration, development, and utilization generally by citizens of the Philippines under its full control and supervision. **Chapter 2: Agencies and Entities that promulgates Environmental Laws** **Department of Environment and Natural Resources (DENR)** - The administration and enforcement of environmental laws are primarily lodged in the Department of Environment and Natural Resources ("DENR"). - It is responsible for the conservation, management, development, and proper use of natural resources to ensure equitable sharing of benefits for the welfare of the present and future generations. **Department of Agriculture (DA)** - Promulgate and enforce all laws, rules and regulations governing the conservation and proper utilization of agricultural resources. - Provide integrated services to farmers and fishermen and other food producers on the production, utilization, conservation, and disposition of agricultural and fishery resources. **Department of Health (DOH)** - The Department of Health (DOH) is primarily responsible for the promulgation, revision, and enforcement of drinking water quality standards. - Assist in the promulgation of rules and regulations for the enforcement and implementation of the Toxic Substances and Hazardous and Nuclear Wastes Control Act. **Land Transportation Office (LTO)** - Inspect and register motor vehicles and issues licenses and permits, among others. - Pursuant to these functions, they are tasked under the Philippine Clean Air Act to ensure that all motor vehicles and engines should first comply with the emission standards set in the said Act. **Local Government Units (LGU)** - The role of LGUs is to aid the national government in enforcing environmental laws. - Local government units likewise have the power to administer, manage and implement community-based projects concerning the conservation and utilization of natural resources found within their territorial jurisdiction, subject only to the supervision, control, and review of the DENR. - E.g. Waste Management Seminars, Clean Up Drives, & Coastal Cleanups **Non-governmental Organizations (NGOs) and People's Organizations (POs)** - Non-governmental organizations (NGOs) are "private, non-profit voluntary organizations that are committed to the task of socio-economic development and established primarily for service. - People's organizations (POs) are "bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure." - NGOs and POs have the same roles as citizens. In fact, they have strong roles in preserving and protecting the environment since they take concrete action against environmental violations. - They also participate in the development and implementation of environmental laws. - Examples of laws they promulgated: - Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 - Solid Waste Management Act - The Philippine Clean Air Act **Chapter 3: Environmental Policies/Laws** The Environmental Management Bureau (EMB) is mandated to implement on a nationwide scale the Six (6) Important Environmental Laws +-----------------------+-----------------------+-----------------------+ | **Law** | **Title** | **Summary** | +=======================+=======================+=======================+ | **PD 1586** | **Environmental | To attain and | | | Impact Assessment | maintain a rational | | | Law** | and orderly balance | | | | between | | | | socio-economic growth | | | | and environmental | | | | protection. | +-----------------------+-----------------------+-----------------------+ | **RA 6969** | **Toxic Substances | To regulate, restrict | | | and Hazardous Waste | or prohibit the | | | Management Act** | importation, | | | | manufacture, | | | | processing, sale, | | | | distribution, use and | | | | disposal of chemical | | | | substances and | | | | mixtures that present | | | | unreasonable risk | | | | and/or injury to | | | | health or the | | | | environment; to | | | | prohibit the entry, | | | | even in transit, of | | | | hazardous and nuclear | | | | wastes and their | | | | disposal into the | | | | Philippine | | | | territorial limits | | | | for whatever purpose; | | | | and to provide | | | | advancement and | | | | facilitate research | | | | and studies on toxic | | | | chemicals. | +-----------------------+-----------------------+-----------------------+ | **RA 8749** | **Clean Air Act Of | To focus primarily on | | | 1999** | pollution prevention | | | | and provide for a | | | | comprehensive | | | | management program | | | | for air pollution | +-----------------------+-----------------------+-----------------------+ | **RA 9003** | **Ecological Solid | To adopt a | | | Waste Management | systematic, | | | Act** | comprehensive, and | | | | ecological solid | | | | waste management | | | | program in ensuring | | | | the protection of | | | | public health and | | | | environment. | +-----------------------+-----------------------+-----------------------+ | **RA 9275** | **Clean Water Act** | To pursue a policy of | | | | economic growth in a | | | | manner consistent | | | | with the protection, | | | | preservation and | | | | revival of the | | | | quality of our fresh, | | | | brackish and marine | | | | waters | +-----------------------+-----------------------+-----------------------+ | **RA 9512** | **Environmental | To protect and | | | Awareness and | advance the right of | | | Education Act Of | the people to a | | | 2009** | balanced and | | | | healthful ecology in | | | | accord with the | | | | rhythm and harmony of | | | | nature, and in | | | | recognition of the | | | | vital role of the | | | | youth in nation | | | | building and the role | | | | of education to | | | | foster patriotism and | | | | nationalism. | | | | | | | | The state shall | | | | promote national | | | | awareness on the role | | | | of natural resources | | | | in economic growth | | | | and the importance of | | | | environmental | | | | conservation and | | | | ecological balance | | | | towards sustained | | | | national development. | +-----------------------+-----------------------+-----------------------+ **Chapter 4: Impacts of Environmental Laws to a State/Country** Environmental laws can have significant impacts on a State/country in various ways, affecting its environment, economy, public health, and overall well-being. Here are some key impacts: 1. **Environmental Protection** - The primary purpose of environmental laws is to protect the environment. - These laws often regulate activities that may harm ecosystems, air and water quality, biodiversity, and natural resources. - Implementing and enforcing these laws contribute to the preservation of the environment for current and future generations. 2. **Public Health** - Many environmental issues, such as air and water pollution, can have direct implications for public health. - Environmental laws that set standards for pollution control and regulate hazardous substances aim to minimize the negative health effects associated with exposure to pollutants. 3. **Economic Impact** - Environmental regulations can have both positive and negative economic impacts. - Compliance with environmental laws may impose costs on industries, it can also drive innovation in cleaner technologies and create new economic opportunities in sectors such as renewable energy and sustainable practices. 4. **Biodiversity Conservation** - Environmental laws play a crucial role in the conservation of biodiversity by protecting endangered species and their habitats. - These laws often establish measures to prevent habitat destruction, illegal wildlife trade, and other activities that threaten biodiversity. 5. **Community Engagement** - Environmental laws may encourage community involvement in environmental decision-making processes. - This can empower local communities to participate in environmental impact assessments, express concerns about potential environmental risks, and advocate for sustainable development practices. The impacts of environmental laws are multifaceted and can extend across various sectors, reflecting the interconnectedness of the environment with human well-being and sustainable development.