TERRESTRIAL LAWS PDF

Manuel S. Enverga University Foundation, Lucena City An Autonomous University College of Arts and Sciences ENVIRONMENTAL ETHICS, POLICIES AND LAWS TERRESTRIAL LAWS...

Manuel S. Enverga University Foundation, Lucena City An Autonomous University College of Arts and Sciences ENVIRONMENTAL ETHICS, POLICIES AND LAWS TERRESTRIAL LAWS ARBY S. LAGMAN Instructor Department of Natural Sciences and Mathematics, College of Arts and Sciences  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Access to Environmental Justice: A Sourcebook on Environmental Rights and Legal Remedies Legaspi, Bueta, Baldovino, Mundin, Mendoza, n.d.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University PHILIPPINE CONSTITUTION 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:  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University PHILIPPINE CONSTITUTION We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Even prior to the 1987 Constitution, Presidential Decree No. 1151 or the Philippine Environmental Policy declares as a continuing policy of the state: to create, develop, maintain, and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other; to fulfill the social, economic and other requirements of present and future generations of Filipino; and to ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Presidential Decree No. 1151 recognizes that the environment is a matter of government responsibility. Aiming to launch a comprehensive program of environmental protection and management, the law covered the following areas of concern: air quality management, water management, land use management, natural resources management and conservation and waste management.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University At present, Philippine Environmental Law seeks to address a wide array of environmental concerns ranging from forest degradation, loss of biodiversity, water pollution, air pollution, and hazardous waste management among others.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Terrestrial laws refer to the protection and preservation of forests and biodiversity. Marine and aquatic resources laws pertain to the protection of the waters and preservation of marine life. Aerial laws deal with preventing air pollution, while other laws refer to those that involve hazardous wastes and other environmental concerns.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Act No. 3572 is a law enacted by Congress in 1929 specifically addressing the need to preserve certain types of trees, namely Tindalao, Akle, and Molave, which were fast disappearing during the Spanish Era. This law criminalizes the act of cutting down these types of trees.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Presidential Decree No. 705 or the Revised Forestry Code of the Philippines is the law most often violated in environmental cases before the courts. This law regulates the management, development, and utilization of forest lands. It establishes the boundaries of forest lands and lays down the guidelines for licenses and permits for the occupation and utilization of forest lands and operation of wood or forest processing plant. It also introduces the concept of reforestation in order to preserve the country’s forest lands.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Presidential Decree No. 1433 or the Plant Quarantine Decree of 1978 was promulgated to prevent the spread of plant pests by regulating the international and domestic movements of plants and plant products. It therefore serves as a preventive measure against the introduction or incursion of plant pests into our country that may result in the destruction of the country’s agricultural crops.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 3571 was enacted by Congress to promote and conserve the trees, shrubs, flowering plants, and plants of scenic value which are planted in public areas such as parks and public schools or along public roads. Its primary objective is to preserve the cool, fresh, and healthful climate of public spaces and to ensure that the plants in these areas are not cut down, injured, or destroyed.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 7076 or the People’s Small- Scale Mining Act of 1991 was promulgated to promote and develop viable small-scale mining activities in the country in order to generate more employment opportunities. It recognizes the need to lay down guidelines for a systematic and orderly implementation of small-scale mining activities and utilization of mineral resources such as: the recognition of easement and ownership rights, the formation of regulatory boards, and the protection of land areas.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 7586 or the National Integrated Protected Areas System Act of 1992 was enacted to establish integrated protected areas in recognition of the critical importance of protecting the country’s diverse natural resources in the environment from an increasing population. The areas established are notable for their biological uniqueness and significance. These protected areas are classified as strict nature reserve, natural park, natural monument, wildlife sanctuary, protected landscapes and seascapes, resource reserve, natural biotic areas, and other categories that may be established under international agreements.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS As of this time, there are 12 republic acts involving the creation of protected areas in the country. These are: RA No. 8978 or the Mt. Kitanglad Range Protected Area Act of 2000; RA No. 8991 or the Batanes Protected Area Act of 2000; RA No. 9106 or the Sagay Marine Reserve Law; RA No. 9125 or the Northern Sierra Madre Natural Park Act of 2001; RA No. 9154 or the Mt. Kanla-on Natural Park Act of 2001; RA No. 9237 or the Mt. Apo Protected Area Act of 2003; RA No. 9303 or the Mt. Hamiguitan Range Wildlife Sanctuary Act of 2004; RA No. 9304 or the Mt. Malindang Range Natural Park Act of 2004; RA No. 9486 or the Central Cebu Protected Landscape Act of 2007; RA No. 9494 or the Mimbilisan Protected Landscape Act; RA No. 9847 or the Mts. Banahaw-San Cristobal Protected Landscape Act of 2009; and RA No. 10067 or the Tubbataha Reefs Natural Park Act of 2009  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS The Tubbataha Reefs Natural Park Act of 2009 was promulgated to ensure the protection and conservation of the globally significant value of the Tubbataha Reefs in Palawan. This is achieved by implementing a no-take policy in the area and ensuring sustainable and participatory management. In addition, widespread awareness of the preservation and conservation efforts of the Tubbatahan Reefs is promoted by the law.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 7611 or the Strategic Environmental Plan (SEP) for Palawan Act, primarily focuses on the implementation of environmental programs for Palawan. In recognition of Palawan’s unique landscape and richness of its natural resources, it has become the policy of the State to specifically protect, preserve, and develop its natural resources. The SEP provides a comprehensive framework for the sustainable development of Palawan.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 7942 or the Philippine Mining Act of 1995 is often cited in environmental cases. Its primary objective is to regulate the exploration, development, utilization, and conservation of all mineral resources in both public and private lands. It lays down safeguards and regulations in order to ensure the preservation of the environment and the protection of the rights of affected communities where mining activities are present.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 9072 or the National Caves and Cave Resource Management and Protection Act was enacted to conserve, protect, and manage caves and cave resources as part of the country’s natural wealth. It aims to 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.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 9147 or the Wildlife Resources Conservation and Protection Act was promulgated to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity. It also lays down the framework for the regulation of the collection and trade of wildlife and the initiation or support of scientific studies involving the conservation of biological resources. It therefore strengthens the Philippine’s commitment to the protection of the country’s wildlife and their habitats.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University TERRESTRIAL LAWS Republic Act No. 9175 or the Chain Saw Act of 2002 specifically addresses the need to eliminate illegal logging and other forms of forest destruction which are often facilitated by the use of chain saws. It therefore regulates the ownership, possession, sale, transfer, importation and/or use of chain saws to prevent them from being used in illegal logging or unauthorized clearing of forests.