Forest Development Policy PDF

SFFG 125 Part II Forest Development Policy Module 4 The Process of Policy Formation Dr. JUAN M. PULHIN and Dr. ROSE JANE J. PERAS Dept. of Social Forestry and Forest Governance, CFNR-UPLB What is a POLICY? generally refers to the principles that govern action directed towa...

SFFG 125 Part II Forest Development Policy Module 4 The Process of Policy Formation Dr. JUAN M. PULHIN and Dr. ROSE JANE J. PERAS Dept. of Social Forestry and Forest Governance, CFNR-UPLB What is a POLICY? generally refers to the principles that govern action directed towards given ends (Boulding, 1958) A statement that guides a course of action with respect to a particular problem Three Main Elements of the Definition Problem – needs a solution o could also mean a condition or situation Course of action to be taken to address the problem Statement that guides the course of action o Need for statement implies that there is a will or intent to take the course of action Must the statement be actually written? Dominant way of looking at policies is that they are actually written üexpressed in terms of laws, rules and regulations Policies are not necessarily written documents üMaybe reflected in personal principles, group norms, and community standards of behavior üCommunity norms and prohibitions are living policies Changing contexts such as space (location) and time have made it necessary to put things in writing What is the difference between policy, laws, rules and regulations? Laws – statements coming from legislative agencies Rules and regulations – statements coming from executive agencies Jurisprudence – statements coming from the judiciary üInterpretation of laws and Constitutions which become part of the bodies of standards upon which legality and constitutionality of actions are measured. FUNDAMENTAL RELATIONSHIP Policies, Laws, Rules and Regulations, and Jurisprudence Policies can influence the formulation of laws, rules and regulations, and jurisprudence A policy on community-based resource management (CBRM) can influence the formulation of law like Sustainable Forest Management and Administrative Order (DAO) that embodies the principles of CBFM Policies can be expressed through laws, rules and regulations, and jurisprudence The Protected Areas Systems and the policies that are embodied in them are codified in the NIPAS Act, a law passed by Congress. To implement it, a set of implementing rules and regulations are issued by DENR through an Administrative Order. Laws, rules and regulations, and jurisprudence can influence the formulation of policies, in that they can mandate it The existence of the Clean Air Act as a law has influenced many organizations to adopt a policy of recycling in their own agencies. The Supreme Court ruling on the constitutionality of the IPRA law is now part of jurisprudence and a forceful affirmation of the rights of the IPs. Policy Means to some end or ends Effectiveness can only be judged in terms of those ends Society should have a clear idea of the ends it wishes to attain through policies Must understand the possible effects on these ends of the actions which it seeks to control through the policies Hierarchy of policies as a result of chain of ends and means Policy Objectives Should be clearly stipulated to determine the desired ends Conflicting objectives have to be resolved in the process of policy formation ü Seek best possible forms of resolution among conflicting objectives Forest Policy Formulation Process Policy formation – the way policies take form or come into existence Ø It involves things that happen before a society gets around to actually formulating a policy statement and the changes in policy that occur while the formal policy remain unchanged Factors Affecting Policy Formation Process Price mechanism/ system Mechanisms of authority and interpersonal influences Democratic political processes Bargaining Forest Policy Formulation Process Policy Formation ü ordinarily involves many decisions by different people ü effects accumulate and policy is formed and reformed in the process ü usually a continuing process of further modifying policies which already exist Forest Policy Formulation Process Policy Formulation ü process of preparing a systematic statement of the settled future course of action which the society has agreed to follow ü process takes place in legislatures and administrative agencies but also in the rules and resolutions of committees of all sorts of organizations ü Narrower than policy formation  Problem Policy Formulation Phase Problem Recognition or Identification Framework for Problem Analysis Formulation of Policy Alternatives the policy Analysis of Policy Alternatives process Promulgation of Policy Policy Implementation Phase Policy Monitoring & Evaluation Phase  A bill introduced in the House of A bill introduced in the Senate is Representatives is labeled as “HB” labeled as “Senate Bill/ Resolution” and assigned a number. ACTION ON BILL and assigned a number. First Reading Reading of Titles/ Authors First Reading The LEGISLATIVE Referring to appropriate standing committees Committee studies and recommends PROCESS: If action is favorable, the Report is submitted to the Committee on Rules If unfavorable, the Bill is laid on the table Committee on Rules calendars bill for floor deliberation Floor discussion / debates Second Reading Period of amendments Second Reading Voting Third Reading Distribution of Bill in final form Third Reading Roll call vote From Idea into In case of conflicting provisions, an Ad Hoc Conference Law Committee is constituted to reconcile differences Floor deliberation on Conference Committee Report Voting PRESIDENTIAL ACTION Failure to act within 30 days after receipt, bill lapses into law APPROVES VETOES Returns to originating House with explanation accepts or over-rides by 2/3 vote in both Houses PARTS OF A BILL (RA 9175) Republic of the Philippines Congress of the Philippines EXPLANATORY NOTE Metro Manila Eleventh Congress üRationale Third Regular Session üImportance of the bill Begun and Held in Metro Manila, on Monday, the twenty-second day of July, two thousand and two. üWhereas… [ Republic Act No. 9175] AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAINSAWS, PENALIZING VIOLATIONS Section 1. - Short title of the bill (e.g. NIPAS THEREOF AND FOR OTHER PURPOSES Law) Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 2. – Declaration of Policy SEC. 1. Title. - This Act shall be known as the "Chainsaw Act of 2002". üStates the legal basis of the SEC. 2. Declaration of Policy. - It is the policy of the State, consistent with the Constitution, to conserve, develop and protect the forest resources under policy being introduced sustainable management. Toward this end, the State shall pursue an aggressive forest protection program geared towards eliminating illegal logging and other üStates the relevance of the law forms of forest destruction which are being facilitated with the use of chainsaws. The State shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests. PARTS OF A BILL (RA 9175) SEC. 3. Definition of Terms. - As used in this Act, the term: Section 3. – Definition of Terms a. "Chainsaw" shall refer to any portable power saw or similar cutting implement, rendered operative by an electric or internal combustion Section 4 – Body of the Bill engine or similar means, that may be used for, but is not limited to, the felling of trees or the cutting of timber; üGeneral in nature, its specificity will be b. "Chainsaw dealer" shall refer to a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of operationalized in the chainsaws. Implementing Rules & c. "Department" shall refer to the Department of Environment and Natural Regulations (details of the Act) Resources ; and d. "Secretary" shall refer to the Secretary of the Department of Environment and Natural Resources. SEC. 4. Persons Authorized to Manufacture, Sell, and Import Chainsaws. - Chaisaws shall only be sold and/or imported by manufacturers, dealers and/or private owners who are duly authorized by the Department.  2. Unlawful Importation or Manufacturing of Chainsaw. - Any person who imports or manufactures a chainsaw without obtaining prior authorization from the Department shall be punished by imprisonment of not PARTS OF A BILL (RA 9175) less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos (PhP 1,000.00) nor more than four thousand pesos (PhP 4,000.00). 3. Tampering of Engine serial Number. - Any person who is found to have defaced or tampered with the SEC. 5. Persons Authorized to Possess and Use a Chainsaw. - The Department is hereby original registered engine serial number of any chainsaw unit shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than one thousand pesos (PhP authorized to issue permits to possess and/or use a chainsaw for the felling and/or cutting of trees, 1,000.00) nor more than Four thousand pesos (PhP 4,000.00). timber and other forest or agro-forest products to any applicant who: …. 4. Actual Unlawful Use of Chainsaw. - Any person who is found to be in possession of a chainsaw and uses a. has a subsisting timber license agreement, production sharing agreement, or similar agreements, the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be or a private land timber permit; penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty b. is an orchard and fruit tree farmer; thousand pesos (PhP 30,000.00) but not more than Fifty thousand pesos (PhP 50,000.00) or both at the c. is an industrial tree farmer; discretion of the court without prejudice to being prosecuted for a separate offense that may have been d. is a licensed wood processor and the chainsaw shall be used for the cutting of timber that has been simultaneously committed. The chainsaw unlawfully used shall be likewise confiscated in favor of the legally sold to said applicant; or government. e. shall use the chainsaw for a legal purpose. If the violation under this Section is committed by or through the command or order of another person, Agencies of the government that use chainsaws in some aspects of their functions must likewise partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or secure the necessary permit from the Department before operating the same. the responsible officer/s in such partnership or corporation. SEC. 6. Registration of Chainsaws. - Within a period of three (3) months from effectivity hereof, all If the offender is a public official or employee, in addition to the above penalties, he shall be removed from persons who own or are otherwise in possession of chainsaws must register the same with the office and perpetually qualified from holding any public office. Department, through any of its Community Environment and Natural Resources Office, which shall issue the corresponding registration certificate or permit if it finds such persons to be qualified The chainsaws confiscated under this Section shall be sold at public auction to qualified buyers and the hereunder. proceeds thereof shall go to the Department. Every permit to possess and/or use a chainsaw for legitimate purpose shall be valid for two (2) years SEC. 8. Reward. Any person who voluntarily gives information leading to the recovery or confiscation of an upon issuance: Provided, that permits to possess and use chainsaw issued to non-commercial unregistered chainsaw and the conviction of persons charged thereof shall be entitled to a reward equivalent orchard and fruit tree farmers shall be valid for a period of five (5) years upon issuance. For this to twenty (20%) of the value of the chainsaw unit/s. The Department is authorized to include in its budget the purpose, the Department shall be allowed to collect reasonable registration fees for the effective amount necessary to carry out the purpose of this section. implementation of this Act. SEC. 9. Authority of the Secretary. - To effectively implement the provisions of this Act, the Secretary shall SEC. 7. Penal Provisions. issue the implementing rules and regulations within ninety (90) days upon approval of this Act. He shall 1. Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chainsaw Without a likewise organize an office within the Department to ensure that the requirements imposed by this Act may Proper Permit. - Any person who sells, purchases, transfers the ownership, distributes, or otherwise be complied with qualified persons, within the shortest possible time, at the least possible expense. disposes or possesses a chainsaw without first securing the necessary permit from the Department In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan Council for shall be punished with imprisonment of four (4) years, two (2) months and one (1 ) day to six years or Sustainable Development pursuant to Republic act No. 7611 or the Strategic Environmental Plan for a fine of not less than Fifteen thousand pesos (PhP 15,000.00) but not more than Thirty thousand Palawan. pesos (PhP 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in favor of the government. SEC. 10. Revocation of Registration and Permit. The Secretary may revoke any Certificate of Registration or permit previously issued to a person found violating the provisions of this Act, or the rules and regulations issued pursuant thereto.  SEC.12. Transitory Provision. - In the interim while the PARTS OF A BILL (RA 9175) Department is formulating the implementing rules and regulations to effectively carry out the provisions of this Act, the Bureau of Customs is prohibited from approving any chainsaw importation without clearance from said Department. SEC. 11. Joint Congressional Oversight Committee. - To monitor and oversee the implementation of this Act, including SEC. 13. Separability Clause.- If, for any reason, any part or the approval of the rules and regulations issued pursuant provision of this Act shall be declared as unconstitutional or hereto, there is hereby created a Joint Congressional invalid, such parts or provisions not affected thereby shall Oversight Committee to be composed of the Chairpersons of remain in full force and effect. the Senate Committee on Environmental and Natural Resources and the house committee on Natural Resources SEC. 14. Repealing Clause. - All laws, executive orders, as Chairperson and Co-chairperson, five (5) members of presidential decrees, letters or instruction, rules and each of the Senate and the House of Representatives who regulations, or parts thereof which are inconsistent with any of shall be designated by the Senate President and the the provisions of this Act are hereby repealed and/or amended Speaker of the House of Representatives as members: accordingly. Provided, that the two (2) of the five (5) senators and two (2) of the five (5) House Members shall be nominated by the SEC. 15. Effectivity. - This Act shall take effect fifteen (15) respective Minority Leaders of the Senate and the House of days after its complete publication in the Official Gazette or in Representatives. at least two (2) national newspaper of general circulation, whichever comes earlier.  Approved. Signed: JOSE DE VENECIA JR. Speaker of the House of Representatives FRANKLIN M. DRILON President of the Senate PARTS OF This Act, which is a consolidation of Senate Bill No. 1940 and House Bill No. 3994, was finally passed by the Senate and the House of Representatives on August 14, 2002 and September 2, 2002, respectively. A BILL Signed: (RA 9175) ROBERTO P. NAZARENO Secretary General, House of Representatives OSCAR G. YABES Secretary of the Senate Approved. Signed: GLORIA MACAPAGAL-ARROYO President of the Philippines