Environmental Science PDF

1 ENVIRONMENTAL SCIENCE Mayra Christina M. Ambrocio, DEM Loreta L. Apaya Milben A. Bragais Roel L. Fucio Ozzy Boy S. Nicopior 1  104...

1 ENVIRONMENTAL SCIENCE Mayra Christina M. Ambrocio, DEM Loreta L. Apaya Milben A. Bragais Roel L. Fucio Ozzy Boy S. Nicopior 1  104 Table of Contents Module 5: Environmental Geoscience 108 Introduction 108 Learning Outcomes 108 Lesson 1. Environmental Geology 109 Lesson 2. Ecological Succession 109 Lesson 3. Terrestrial Ecosystem 110 Lesson 4. Aquatic Ecosystem 112 Lesson 5. Plate Tectonic 113 Lesson 6. Geomorphic Hazards 114 Lesson 7. Tectonic Hazards 116 Lesson 8. Extraterrestrial Impacts 119 Lesson 9. Weather and Climate 120 Lesson 10. Global Climate Change 121 Module 6: Environmental Assessment, Management, and Legislation 126 Introduction 126 Learning Outcomes 127 Lesson 1. Strategies of Government 128 Lesson 2. Corporate Management 135 Lesson 3. Philippine Laws 137 Lesson 4. International Agreements and Treaties 141 Lesson 5. Philippine Environmental Laws 146 Lesson 6. Categorizing Environmental Laws 151 Module 7: Contemporary Environmental Issues and Methods 164 Introduction 164 Learning Outcomes 165 Lesson 1. Anthropogenic Impacts 166 Lesson 2. Solid Waste, Garbage Problem, Waste Management 166 Lesson 3. Pollution Situation in the Philippines 170 Lesson 4. Ecosystem Degradation in the Philippines 171 Lesson 5. Water Resource Projects: Dams 173 Lesson 6. Coral Reef Degradation 177 Lesson 7. Biodiversity Loss 178 Lesson 8. Global Climate Change 180 Lesson 9. Deforestation 181 Lesson 10. Manila Bay “White Sand” Controversy 184 Lesson 11. “Plant Parenting” And the Republic Act 9147 189 104  105 Module 8: Environmental Pollution and Control 202 Introduction 202 Learning Outcomes 202 Lesson 1. Environmental Pollution 203 Lesson 2. Types of Environmental Pollution 204 Lesson 3. Issue on Solid Waste 212 Lesson 4. Key Feature of Republic Act (RA) No. 9003 216 105  1 List of Figures Figure Description Page 8.1 Environmental Pollution 204 8.2 Soil Pollution 205 8.3 Air Pollution 208 8.4 Water pollution 209 8.5 Measurement of water quality 211 8.6 Causes and Effects/Impacts of Solid waste 2112 1  MODULE 5 ENVIRONMENTAL GEOSCIENCES Introduction Environmental geoscience is concerned with the interaction between humans, natural resources or unique geographic features on Earth. Humans faces several issues like atmospheric changes, natural hazards, hazardous wastes, environmental degradation, overpopulation, soil erosion, and other environmental challenges that needs science based information and understanding to come up with proper mitigation and response to minimize the negative impacts to the environment and humans. The more we know about the Earth, the more we can protect our environment, prepare for potential hazards, and better utilize the available resources. Understanding the intricacies of interacting earth systems is a necessity if human beings are to survive and prosper for more than a moment in geological time (National Research Council, 1993). Learning Outcomes At the end of the lesson, the students will be able to: 1. Develop an understanding of the Earth’s basic geologic features, 2. Demonstrate competence on how Earth processes impact humanity and how we, individually and collectively, depend on geologic resources and basic principles of geology, and 3. Learn mitigation and adaptation techniques to the global and environmental changes. 108 Lesson 1. Environmental Geology Environmental Geology is an applied science which objectively studies geologic information to address contemporary environmental problems such as pollution, waste management, resource extraction, natural hazards, and human health. An environmental geologist can evaluate the risk and damage potential from natural hazards such as floods, landslides, volcanoes, or earthquakes (Environmental Geology Introduction Module 1, 2020). Environmental geology is a subset of environmental science, which is the study of the interaction of humans with their fundamentally geological environment. Being part of environmental science, the definition indicates the addition of human element to the concept of geology in consideration of both the impacts and benefits of human existence (Environmental Geology, 2020). Lesson 2. Ecological Succession Ecological succession is the term used to describe the gradual ecosystem changes occur in species composition and community structure over time after a disturbance has occurred like volcano eruption or a tsunami. Plants and animals, along with the entire ecosystem, would be recover over time and be restored to a functional environment (Succession in Freshwater and Terrestrial Ecosystems, 2013). Succession can occur after different types of disturbances, such as volcanoes, earthquakes, floods, fires and human activities. Pioneer species are the first species to colonize the area after the disturbance. These species are often small and are very good at adapting to adverse conditions. They are good in facilitating the recovery of the environment by creating conditions that are more favorable for larger and less adaptable species. After the ecosystem stabilize, the region will become a climax ecosystem wherein plants and animals of the ecosystem are in a stable relationship with the environment and they remain relatively unchanged until another disturbance occurs (Succession in Freshwater and Terrestrial Ecosystems, 2013). 109 Lesson 3. Terrestrial Ecosystems Terrestrial ecosystem is a land-based community of organisms and the environment. This ecosystem exists primary in tundra, taigas, temperate forests, tropical rainforests, grasslands, and deserts (Terrestrial Ecosystem, 2020). 3.1 Tundra Tundra is a type of biome with extensive treeless plain due to low temperature and short growing seasons. This biome can be found across northern Europe, Asia, and North American between the taiga to the south and the permanent ice to the north (Community and Ecosystem Dynamics, 2020). 3.2 Taiga Taiga is a type of biome characterized as coniferous forest composed of pines, spruces, and larches vegetation. It is also referred to as boreal or snow forest which are found across northern Europe, Asia, and North America in the regions with long, cold winters and short, cool summers and acidic, thin soils (Community and Ecosystem Dynamics, 2020). 3.3 Temperate Forests Temperate Forest biome are typically composed of deciduous forest with dominant species like beech, maple, oak, and other deciduous hardwood trees. These species have broad leaves that shed in fall and grown again during spring. Rainfall is abundant, 30-80 inches/year or 75-150 cm/year, and growing season is a well-defined between 140 and 300 days in this biome. Temperate forests are found south of the taiga in eastern North America, eastern Asia, and much of Europe. (Community and Ecosystem Dynamics, 2020). 110 3.4 Tropical Rain Forests Tropical Rain Forests are typically found in regions between 10 degrees north and south of the equator. This biome is probably the riches biome in terms of diversity and total biomass. Rain forests has warm climate, between 20 o and 30o C, and plenty rainfall of at least 190 cm/year (Community and Ecosystem Dynamics, 2020). 3.5 Grasslands Grasslands are found in temperate and tropical areas with reduced rainfall, 10-30 inches per year, or prolonged dry seasons. Grasslands are characterized as areas almost devoid of trees. It can support large herds of grazing animals and also excellent for agriculture for areas with deep and rich soils. There are large areas of grasslands in Americas, Africa, Asia, and Australia (Community and Ecosystem Dynamics, 2020). 3.6 Deserts Deserts are found in latitudes of 30o N or S where descending air masses are dry. It is characterized by having dry conditions, usually less than 10 inches per year or 25 cm per year, and a wide temperature range. Deserts have very few vegetation which are all adapted to heat and lack of abundant water like succulents and cacti. Arthropods (especially insects and spiders), reptiles (lizards and snakes), running birds (the roadrunner of the American southwest and Warner Brothers cartoon fame), rodents (kangaroo rat and pack rat), and a few larger birds and mammals (hawks, owls, and coyotes) are animal life present in deserts, like the Sonora desert in North America (Community and Ecosystem Dynamics, 2020). 111 Lesson 4. Aquatic Ecosystems Aquatic ecosystems are the communities of organisms, the surrounding water environment, and the relationship between them. The aquatic ecosystem can either be a freshwater or a marine ecosystem. The freshwater ecosystems are found in ponds, lakes, reservoirs, rivers, and streams while marine ecosystems are found in seas and oceans (Encyclopedia. 2020). 4.1 Marine Marine ecosystem is the largest of all ecosystem covering approximately 71% of the Earth’s surface. This constitutes oceans, seas, intertidal zone, reefs, seabed, etc. It is different from freshwater ecosystem because of the dissolved compounds, especially salts, in the water (Alexander, 1999). 4.2 Freshwater Freshwater ecosystems cover only 0.78% of the Earth’s surface. There are three basic types of freshwater ecosystem. The first is called Lentic which are characterized as having slow moving water like pools, ponds, and lakes. The second type is called Lotic which are faster moving water like streams and rivers. The third type are wetlands which are areas where the soil is saturated or inundated for at least part of the time (Vaccari, 2005). 112 Lesson 5. Plate Tectonic A conceptual revolution in geological sciences that begins in the 1960s, that continues to affect the field until today, is the new picture of the Earth which acknowledge the essential role of large-scale horizontal movements throughout the Earth's evolution aside from the traditional of vertical movements. The concept is the plate tectonics which has endured through two decades of scientific scrutiny and is now regarded as an established fact. Scientists now know that the Earth’s crust is composed of about a dozen major and several minor plates that constantly move and jostle each other in response to movements in the underlying mantle (National Research Council, 1993). The convergence of plates creates oceanic trenches and coastal volcanoes. In the converging of plates, one may override the other, and the leading edge of the lower plate may melt as it reaches greater depths or may produce melting in the overlying mantle. If neither plate sinks, collision creates a wrinkled mountain belt, such as the Himalaya or the Urals. On the other hand, if plates merely sideswipe each other, the boundary shears laterally, as happens along California's San Andreas Fault. In both situations, earthquakes occur when the plates bind, build up stress, and suddenly slip free (National Research Council, 1993). 113 Lesson 6. Geomorphic Hazards Geomorphic hazards happen when human populations are threatened by geomorphic processes like landslides, land subsidence, and floods. Geomorphic hazards involve a slow progressive change in a landform, although not catastrophic, it can become a significant hazard with costly mitigation and response measures. Human population contributes to instability of these physical changes. As the population increases, the threat of these geomorphic hazards also increases (National Research Council, 1993). These ongoing and gradual hazards like landslides, land subsidence, and flooding caused more damage and expenses due to regularity of occurrence (National Research Council, 1993). 6.1 Landslides and Debris Flow Landslide is a mass movement occurring on steep slopes under the action of gravity. On the other hand, debris flow is a mass movement commonly triggered by intense rainfall on a steep slope (Wang, et al., 2015). Destructive landslides have been recorded around the world for over three millennia with corresponding great damages affecting both public and private properties. Several research efforts have been conducted to reduce landslide losses. These studies aims to find accurate methods in identifying areas at risk and ways of mitigating the contributory factors (National Research Council, 1993). With the improvement in the communication systems, mitigation efforts have substantial progress in the development of physical warning systems for impending landslides. The continues advancement of technology, particularly in geographic information system and remote sensing using satellite images, provided our Earth scientists, engineers, land-use planners, and public officials important information useful in planning and decision making for mitigating the negative impacts of landslides and debris flows (National Research Council,1993). Research is particularly needed to show cause-and-effect relationships with other geological hazards. An example is during the 1991 Mount Pinatubo (Philippines) eruption, 114 wherein the thick accumulating ash-fall and ash-flow deposits proved particularly liable to generate landslides and debris flows during typhoons. With this information, decision makers will be able to prepare for the best action to mitigate the impact of the potential hazards (National Research Council, 1993). 6.2 Land Subsidence Land subsidence is defined as the gradual settling or sudden sinking of the Earth's surface due to removal or displacement of subsurface earth materials. Aquifer-system compaction associated with groundwater withdrawals, drainage of organic soils, underground mining, and natural compaction or collapse, such as with sinkholes or thawing permafrost are among the principal causes (Land Subsidence, 2020). In the Philippines, the excessive extraction of groundwater is one of the causes of land subsidence which is also true in East Asian countries. Excessive groundwater extraction is lowering the land surface by several centimeters to more than a decimeter per year according to Rodolfo and Siringan (2006). This land subsidence is also associated to flooding which is also a common problem in the country. 6.3 Flooding Flooding is an overflowing of water onto land that is normally dry; low-lying areas are most vulnerable to floods. Flooding may occur during heavy rains, typhoons, tidal surges, or when dams or levees break. Flooding are the most common and widespread weather-related natural disaster (Flood Basics, 2020). While floods impacts are mostly negative, there are also positive impacts associated to flooding. Floods can facilitate access to transportation, fresh water, and rich alluvial soils after the event (National Research Council, 1993). 115 Lesson 7. Tectonic Hazards Tectonic Hazards or hazard events caused by tectonic plates colliding into each other, moving against each other, moving apart or subduction between a less dense plate and a denser plate. Tectonic hazards like earthquakes and volcanic eruptions represent abrupt changes and landforms. Most of the times, at great scale, these hazards can bring catastrophic events that greatly affects humans lives and properties. Assessment of earthquake, volcano, and tsunami hazard potential can help planners predict dangers from the associated landslides and floods (National Research Council, 1993). 7.1 Earthquakes Earthquake hazard evaluation involves determinations of the specific location, frequency of occurrence, and intensity of energy release. It requires characterization of the space, time, and size distribution of the earthquakes that give rise to the hazard (National Research Council, 1993). It is important in decision making that hazards and risks are neither overestimated nor underestimated because of the great consequences for life, safety, and economic security. Since it is very hard to ask citizens to abandon their daily lives for anything but imminent danger, earth scientists have an obligation to acquire relevant data and pursue research aimed at reliable depiction of an earthquake threat (National Research Council, 1993). To estimate the seismic risk or the threat that earthquakes present to human lives and property, decision makers must apply scientific knowledge of the seismic hazard to the specific characteristics of engineered works which will help provide realistic picture of the damage that may result from an earthquake. This involves diverse disciplines, ranging from sedimentology and seismology to geotechnical and civil engineering (National Research Council, 1993). 7.2 Tsunami Tsunamis are large ocean waves most commonly generated by the uplift or depression of sizable areas of the ocean floor during large subduction-zone earthquakes, volcanic eruptions, 116 and large landslides or submarine slides. Tsunamis are hardly noticed in Open Ocean but as they approach the shore the waves increase in amplitude as they move into shallower water, depending on the nature of the local submarine topography (National Research Council, 1993). In many coastal areas, tsunamis are far greater than is often appreciated like what happened during the great Alaskan earthquake of 1964 where the loss of life from the tsunami generated in the offshore area was more than 15 times as great as the loss of life directly attributable to earthquake shaking; much of it occurred far from Alaska. During the past 50 years, there are significantly more people killed in the United States by tsunamis than by other effects of earthquakes, although these statistics could change radically overnight with a major earthquake in a metropolitan area (National Research Council,1993). 7.3 Volcanic Volcanic hazard is from major volcanic eruption that is well beyond what can reasonably be controlled by engineering. Volcanic phenomena can be best adapted to by accurately predicting the occurrence and the likely results of an eruption. Modern instrumentation and techniques are used to detect precursory phenomena associated with volcanic eruptions (National Research Council, 1993). It is necessary to have better understanding of the interaction of volcanic emissions with the atmosphere and hydrosphere. Volcanic events can dramatically modify climate for several years following eruption by introducing large volumes of dust and gas into the atmosphere. Satellite-based remote sensing techniques and other data collected can be used in better understanding the relationship of climate and volcanism. Deciphering the workings of volcanoes is an eclectic challenge which involves contributions from many areas (National Research Council, 1993). There are two ways to obtain the data, direct method and through association. Continuously monitoring the geological, geophysical, and geochemical changes that occur on active volcanoes and geological mapping of ancient volcanoes whose internal structure has been exposed by eruption and/or erosion are examples of the direct method of data collection. On the other hand, analyzing the character and sequence of historical and prehistorical eruptive 117 products from various types of volcanoes and then matching these and other data to conceptual models of how volcanoes work is data collection through association (National Research Council,1993). 118 Lesson 8. Extraterrestrial Impacts The idea of catastrophic terrestrial impact is now considered respectable and has become accepted as something that certainly happens occasionally and that may have had global consequences at various times in the past like theories attributed to both the origin of the Moon and the extinction of the dinosaurs both attributed to impacts of extraterrestrial objects (National Research Council,1993). From the historical record, dating back less than 3,000 years, contains no reference to anyone killed by a meteorite fall. It is known that if a large extraterrestrial object did collide with Earth, the consequences could be devastating but on the time scale of current societal interest, the danger from impacts is insignificant. If giant terrestrial impacts occur, it is capable of perturbing the earth system rapidly and to an extent that few other phenomena can rival (National Research Council, 1993). Humans have acquired the ability to produce sudden perturbations of the earth system on a scale approaching that of the greatest volcanic and impact events through nuclear explosions which may seem possible to be used to divert incoming asteroids. Equally significant to this feat is the ability of us humans to modify our environment on an equally grand scale but more slowly, this is the global change that is largely a consequence of our intensive fossil fuel consumption (National Research Council, 1993). 119 Lesson 9. Weather and Climate Weather is the temporary conditions of the atmosphere or the layer of air that surrounds the Earth. Weather moves and changes from hour to hour or day to day. Over many years, certain conditions become familiar weather in an area (National Geographic Society, 2011). Temperature, atmospheric pressure, wind, humidity, precipitation, and cloudiness are the six main components or parts of weather. These components define the weather at any given time. Knowledge of atmospheric processes and the weather components helps meteorologists forecast what the weather will be in the near future (National Geographic Society, 2011). Climate is the average weather in a specific region, as well as its variations and extremes over many years. Climate changes, just like weather but it can take hundreds or even thousands of years. For example, the Sahara Desert in northern Africa, the largest desert in the world today, used to have different climate several thousand years ago. That “Green Sahara” experienced frequent rainy weather (National Geographic Society, 2011). 120 Lesson 10. Global Climate Change Global Climate Change is considered to be one of the major global environmental issues. Recorded history shows a brief glimpse of environmental change. It shows that global climates may soon be warmer than at any time during the past 1 million years and sea level may stand higher than at any time during the past 100,000 years. We are now experiencing these changes and are trying to mitigate and adapt for our survival. Since nature is a vast laboratory that we can never manipulate or duplicate artificially on the scale necessary to test theories of global change, we just rely on observations of nature itself and try to adapt to these changes (National Geographic Society, 2011). Change is universal throughout the earth system. It is continuously occurring since the origin of the Earth. But the term ''global change" is more specifically used to refer to human- induced changes affecting the atmosphere, hydrosphere, and biosphere. Human activities, especially for development, have accelerated rate of change that is affecting the whole earth system. This accelerated rate of change may prevent normal adaptation mechanisms in the atmosphere, hydrosphere, lithosphere, and biosphere from working without major consequences that may affect the environment and the humans. The scientific community recognizes that expected changes are much broader, extending to changes in such phenomena as sea level, groundwater quality, pollution, and biodiversity. But on the public level, perception and concern regarding this climate change may vary depending on the breadth of the interests of the individual scientist or policy maker concerned (National Geographic Society, 2011). The varying concern and interest of the general public does not change the fact that the climate is changing and that us humans has a responsibility to mitigate the negative impacts of these changes to our environment. 121  Assessment Task 5-1 Answer the questions below: 1. Discuss how Environmental Geology can be used in mitigation and adaptation to the global and environmental changes. (10 points) 2. Identify the most catastrophic natural hazard that you’ve experienced and discuss how it affects your community and the environment. (10 points) 3. In your own words, discuss Climate Change and what can we do about it? (10 points) 122  Summary Environmental geology as a subset of environmental science studies geologic information and the interaction of humans with all aspects of their environment; physical, atmospheric, and biological to address contemporary environmental problems such as pollution, waste management, resource extraction, natural hazards, and human health. Ecological succession occurs after different types of disturbances, such as volcanoes, earthquakes, floods, fires and human activities. These disturbances may be brought by geomorphic hazards which are slow progressive change in a landform, although not catastrophic, it can become a significant hazard with costly mitigation and response measures. These ongoing and gradual hazards like landslides, land subsidence, and flooding caused more damage and expenses due to regularity of occurrence. On the other hand, abrupt changes may be brought by Tectonic hazards like earthquakes and volcanic eruptions. These hazards can bring catastrophic events that greatly affects human’s lives and properties. Aside from natural hazard, the idea of catastrophic extraterrestrial hazard is now considered respectable and has a possibility of occurrence, though it may not happen on a human lifetime or time scale. With the innovations of Humans, the possibility of stopping these extraterrestrial hazards is higher with the technologies available at present time. These technologies however are also one of the reasons for the global change or human-induced changes that is largely a consequence of our intensive fossil fuel consumption to aid our innovations and day to day activities. Majority in the scientific community recognizes these global changes and have accepted the projections of broader impacts in global temperature, sea level, groundwater quality, pollution, and biodiversity. Though the general public may have varying concern and interest to the issue, it does not change the fact that the climate is changing, accelerated by human activities, thus we have a responsibility to mitigate the negative impacts of these changes to our environment. 123  References Alexander, D. (1999). Encyclopedia of Environmental Science. Springer. ISBN 0-412-74050-8. Aquatic Ecosystems. (2020). Retrieved 20 October 2020, from https://www.encyclopedia.com/environment/energy-government-and-defense- magazines/aquatic-ecosystems Community and Ecosystem Dynamics. (2020). Retrieved 20 October 2020, from https://www2.estrellamountain.edu/faculty/farabee/biobk/BioBookcommecosys.html Environmental Geology - an overview | Science Direct Topics. (2020). Retrieved 20 October 2020, from https://www.sciencedirect.com/topics/earth-and-planetary- sciences/environmental-geology Environmental Geology Introduction Module 1. (2020). Retrieved 20 October 2020, from http://geology.isu.edu/wapi/EnvGeo/EG1_intro/EG_module_1.htm#:~:text=Environmental% 20geology%20is%20a%20science,natural%20hazards%2C%20and%20human%20health. Flood Basics. (2020). Retrieved 4 October 2020, from https://www.nssl.noaa.gov/education/svrwx101/floods/ Land Subsidence. (2020). Retrieved 4 October 2020, from https://www.usgs.gov/mission- areas/water-resources/science/land-subsidence?qt-science_center_objects=0#qt- science_center_objects National Geographic Society. (2011). Retrieved 20 October 2020, from https://www.nationalgeographic.org/encyclopedia/weather/ National Research Council. (1993). 5 Hazards, Land Use, and Environmental Change. Solid- Earth Sciences and Society. Washington, DC: The National Academies Press. DOI: 10.17226/1990. 124 Rodolfo, K., & Siringan, F. (2006). Global sea-level rise is recognized, but flooding from anthropogenic land subsidence is ignored around northern Manila Bay, Philippines. Disasters, 30(1), 118-139. DOI: 10.1111/j.1467-9523.2006.00310.x Succession in Freshwater and Terrestrial Ecosystems. (2013). Retrieved from https://study.com/academy/lesson/succession-in-freshwater-and-terrestrial- ecosystems.html. Terrestrial Ecosystem. (2020). Retrieved 20 October 2020, from https://www.nationalgeographic.org/topics/resource-library-terrestrial- ecosystem/?q=&page=1&per_page=25 Vaccari, D. (2005). Environmental Biology for Engineers and Scientists. Wiley-Interscience. ISBN 0-471-74178-7. Wang, Z., Lee, J., & Melching, C. (2015). Debris Flows and Landslides. River Dynamics and Integrated River Management, 193-264. DOI: 10.1007/978-3-642-25652-3_5 125  MODULE 6 ENVIRONMENTAL ASSESSMENT, MANAGEMENT, AND LEGISLATION Introduction The ultimate responsibility to protect and preserve the environment and natural resources of the Philippines has been vested in the State 1 by the 1987 Philippine Constitution. In particular, the Article II Section 16 of the Constitution proclaims, as a policy, that the State must safeguard and advance the right of the Filipino people to a “balanced and healthful ecology in accord with the rhythm and harmony of nature.” This policy is what guides the Philippine Congress to enact environmental laws with the overall goal of protecting the environment (Garcia, 2018). The natural resources of the country have been put under pressure by resource utilization and economic activities combined with the steady growth of population. This leads to a host of environmental issues. These problems are aggravated by the lack of pertinent environmental laws and exacerbated even more by the synergistic effects of poor law implementation and the catastrophic threats of external factors such as the global climate change (NEDA, 2011). As a response to the disastrous impacts of human activities on natural ecosystems, solutions to environmental problems are sought through environmental management and legislation (National Environment Commission, 2011). The legislation on safeguarding the environment in the Philippines is diversified and extensive. These include major environmental laws pertaining to mining and extraction activities regulation, forest protection, air pollution ordinances, water quality standards, control of toxic substances and hazardous wastes, solid waste management, and assessments environmental impacts for private and government projects (Bunye, 2019). 1 Note that the government itself is only one part of, and only represents the State. The State has four important components: (1) Sovereignty; (2) Territory; (3) Population; and (4) Government (Ghai, n.d.) 126  Learning Outcomes At the end of this module, students should be able to: 1) Be able to find the relationships between environmental problems, environmental management, and legislation; 2) Have a broad understanding on why environmental laws are created, how they are conceived, and who gets to implement them; 3) Be familiar with some international agreements and treaties; 4) Be able to remember some prominent Philippine laws related to environmental protection; and, 5) Develop a sense of appreciation on the comprehensiveness of environmental lawmaking in the Philippines. 127 Lesson 1. Strategies of Government 1.1 Environmental Management The term environmental management refers to a government strategy aimed at regulating the impacts of people's activities and managing the consequences of generating goods and services to the environment (Kotze and Nel, 2009). The idea is that the collective human activities affect the environment, mostly in a negative manner. There are four basic requirements of environmental management, namely: environmental impacts of human activities, value systems, designs and plans for sustainable development, and environmental education (as cited by Singh, 2006). In a purely human-centered sense, environmental management deals with the basic issue of how to continuously modernize the technology while ensuring that the process does not have a huge impact in the natural environment. Environmental management seeks to find the best possible balance between pursuing economic growth, ensuring the equitable distribution of resources for the present generation, and conserving the natural resources for the generations to come (National Environment Commission, 2011). The environment has been sustaining us with all our needs for over thousands of years. In the process of survival and subsistence, we have also done significant changes in the landscapes that we are beginning to experience the negative consequences of such actions. We have also learned that the planet’s resources are not infinite (Scott, 2016), and something must be done if we want the human species to persist. “The first step to solving any problem is recognizing there is one” (The Newsroom Script Episode 1, 2020). Thus, we recognize that individual human activities leave direct and indirect traces of impacts on the natural environment. When taken collectively, these activities have even larger and more significant impacts to the environment and the society in return. Because human actions are also motivated by the differences in religion (Hope et al., 2014), culture, and traditions, their impacts on our ecosystems happen in varying degrees and levels (Freedman, 2018; Global Environmental Change, 1992). 128  The unique ability of humans to consciously interact with the nature also means that humans have the same unique ability to proactively manage the environment (Barrow, 2005). This is where we realized the need for environmental protection strategies and management approaches. Guided by the concept of sustainable development, we now plan to ensure that not only our needs are provided but also that of our future generations. Environmental management, human health, and sustainable development are interconnected (Goosen, 2012). To achieve the long-term goals of sustainable development, educating the public is key. In the Philippines, a law has been passed to promote environmental awareness through environmental education. The said law requires the integration of environmental education in schools, training programs and courses, both formal and non-formal (Republic Act 9512, 2008). 1.2 The Department of Environment and Natural Resources We have established that human activities impact our environment in several ways and something must be done to actions that cause harm to our environment. Consequently, we learned to regulate or prohibit the activities that either cause negative impacts or damages to the environment and natural systems (Science Direct Topics, 2020). In the Philippines, the country’s main environmental regulator” is the Department of Environment and Natural Resources (DENR). It used to be called the Department of Environment, Energy and Natural Resources (DEENR) and was later renamed and reorganized as the Department of Environment and Natural Resources (DENR) by virtue of Executive Order 192 series of 1987. The DENR is the main executive agency tasked with the implementation of environmental laws and policies. The main responsibilities of the agency are: 1) the development and management of the country’s environment; conservation and proper use of the country’s natural resources, including forest and watershed areas and grazing lands, mineral resources, and lands of the public domain (DENR, 2016); 2) the regulation of activities through issuances of licenses and permits on all natural resources utilization, consistent with the national laws, to ensure that benefits derived therefrom are shared equitably for the present and future generations of Filipinos (DENR, 2016). 129 1.3 The Bureaus of the DENR The bureaus of the DENR which are involved in the implementation of environmental laws and regulations are the following: a) The Environmental Management Bureau (EMB) The EMB is responsible for setting environmental quality standards for air, water, land, noise (emb.gov.ph). It also lays down the implementing rules and regulations for the environmental impact assessments, management of solid wastes and hazardous substances (EO 192 Section 16, 1987). b) The Mines and Geosciences Bureau (MGB) The MGB (mgb.gov.ph) is responsible for the conservation, management, development, and proper use of the country’s mineral resources (EO 192 Section 15, 1987). c) The Land Management Bureau (LMB) The LMB is responsible for the surveys, administration, management, and disposition of the public lands (alienable and disposable lands) and other lands not within the jurisdiction of any government agencies (lmb.gov.ph). The LMB issues guidelines, standards, orders, regulations, and implementation of policies for land use development and maximization (EO 192 Section 14, 1987). d) The Biodiversity Management Bureau (BMB) The BMB, formerly known as the Protected Areas and Wildlife Bureau (PAWB), is responsible for the formulation and recommendation of guidelines, policies, rules and regulations for the establishment and management of protected areas (www.bmb.gov.ph) (EO 192 Section 18, 1987). e) The Forest Management Bureau (FMB) The FMB is responsible for the matters concerning protection, occupancy, management, development, and conservation of forest lands and watersheds, forest plantations, non-timber 130 forest products, wood-based industries, regulation of the utilization and exploitation of forest resources including wildlife, to ensure continued supply of forest goods and services (forestry.denr.gov.ph) (EO 192 Section 13, 1987). 1.4 Attached DENR Agencies Aside from the DENR bureaus, there are the so-called attached agencies whose scope may be limited and specific, although their powers further to their mandate are extensive (Bunye, 2019). The agencies attached to the DENR are the following: a) The Laguna Lake Development Authority (LLDA) The LLDA, as an attached agency to the DENR, is responsible for the development and management of the Laguna Lake and the 21 major rivers draining into it. The agency was created through RA 4850 in 1966. PD 813 of 1975 and EO 927 series of 1983 provided LLDA with powers of environmental protection and jurisdiction over the Laguna de Bay. The powers to supervise and align policies was then transferred to the DENR from the Office of the President by virtue of EO 149 series of 1993 (LLDA, 2020). The role of the LLDA concerning regulation and law enforcement include programs on water quality monitoring, community-based resource management, and evaluation of projects that require clearances to operate within their jurisdiction. This includes areas in the provinces of Rizal and Laguna, towns in Batangas province (Tanauan, Sto. Tomas, Malvar), towns in Cavite province (Silang, Carmona), Lucban in Quezon province, and Metro Manila cities (Marikina, Pasig, Taguig, Muntinlupa, Pateros) (PEZA, 2007). Under its Environmental User’s Fee system, the LLDA gives incentives to the lake users and requires firms to secure discharge permits, which are renewed annually, in particular those establishments that release industrial wastewater to the Lake. Hence, the Agency is empowered by law to issue cease and desist orders (CDO) against establishments that violate wastewater discharge regulations in areas that surround the country’s largest lake including the economically crucial Metro Manila (Bunye, 2019). 131 b) The Palawan Council for Sustainable Development (PCSD) RA 7611 of 1992 (“Strategic Environmental Plan [SEP] for Palawan Act”) transfers the administrative jurisdiction of the DENR to the local government of Palawan, beginning December 31, 1993. The environmental management of the province has been since then under the responsibility of the Palawan Council of Sustainable Development (PCSD). The PCSD is tasked with the implementation and policy directions of the SEP. It is an inter- disciplinary and multi-sectoral body which is directly under the Office of the Philippine President (Republic Act 7611, 1992), c) The National Water Resources Board (NWRB) The NWRB is a government agency responsible for the management and regulation of all water resources and water-related services in the country. Its mandated functions include: (1) formulating and coordinating policies within the framework of Integrated Water Resources Management; (2) regulation of water resources through water permit issuances; (3) Resolution of conflicts on water use; and (4) regulation of water service providers by issuing Certificate of Public Convenience, Certificate of Public Convenience and Necessity, and water tariffs (NWRB, 2020). The following are some of the laws and policies related to the NWRB, water management, and water regulation: PD 424 – created the National Water Resources Council (NWRC). PD 1067 – enacts the Water Code of the Philippines PD 1206 – assigns the residual functions of the Public Service Commission and the Board of Waterworks to the NWRC. EO 124-A – renames the NWRC to NWRB and transfers the technical functions of the DPWH Bureau of Research and Standards. EO 123 – reconstitutes the NWRB Board EO 860 – redefines the NWRB Board, transfers NWRB to DENR. 132 d) The Natural Resources Development Corporation (NRDC) Created through EO 7862, the NRDC is tasked to develop and promote the use of systems and technologies that complement the utilization of natural resources. The agency’s functions was further enhanced by the EO 192 (1988). Its functions and objectives include, but not limited to, the following: Conduct research and development on natural resources-based products; Provide support and assistance to natural resources-based industries (financial, technical, management); Engage private sector in reforestation and industrial forestry operations; Ensure stable market for natural resources-based products; and, Engage in production/marketing of minor products (forest, aquatic, marine). e) The National Mapping and Resource Information Authority (NAMRIA) As a DENR-attached “mapmaking” agency, the NAMRIA is the central depository and distribution facility of all data related to natural resources. These data are in the form of maps, charts, texts, and statistics and are made available to the public through their website and upon request (NAMRIA, 2020). It has four technical branches: (a) hydrography, (b) mapping and geodesy, (c) resource data analysis, and (d) geospatial information system management. EO 192 section 22 – creates the NAMRIA DENR Administrative Order 31 (1988) – prescribes the guidelines for implementing EO 192, section 22. f) The Philippine Mining Development Corporation (PMDC) The PMDC formerly known as the “Natural Resources Mining Development Corporation” is a wholly-owned and controlled government corporation and is attached to the DENR (). EO 636 (July 2007) transfers the PMDC from the DENR to the Office of the President (Gloria Macapagal Arroyo). EO 689 (December 2007) transfers the PMDC back to the DENR. 2 (“Executive Order NO. 786”, n.d.) 133 1.5 The Local Government Unit’s Role The Local Government Code of 1991 (aka RA 7160), places the Local Government Units (LGUs) at the frontline of managing the environment and natural resources. The LGUs, which comprise of the provinces, cities, municipalities, barangays, and autonomous region, are empowered to enforce specific environmental laws and regulations through the enactment of local ordinances, under the DENR’s control, review, and supervision (Republic Act 7160, 1991). The powers of LGUs include the imposition of fines and the penalty of imprisonment for violations of local environmental ordinances. The following are the environment and natural resources functions that were decentralized and whose implementation are delegated to the LGUs (World Bank, 2009): a) Regulating the environmental impacts of small and medium enterprises (SMEs) (RA 6810) b) Regulation of fishing in the municipal waters (RA 8550) c) Regulation of small-scale mining and quarrying (RA 7076) d) Pollution control measures (RA 8749) e) Solid waste management (RA 9003) The RA 7160 also mandates the municipalities to establish an environmental management system, and facilities related to sanitation (PD 856 of 1975) and general hygiene. 134 Lesson 2. Corporate Management 2.1 Government Regulations on Corporations The government and its regulatory agencies have considerably influenced the private companies and corporations to comply with environmental regulations and ensure that their projects and activities have very minimal impacts on the environment (Banerjee, 2001; Walker et al., 2008). As a result, corporations are now gradually implementing environmentally responsible business practices while they pursue profit-making activities (Camilleri, 2017). In the Philippines, relevant agencies have been mandated by specific national laws to ensure that business establishments are operating lawfully under the existing environmental regulations. Any violation of environmental laws by the business establishments may result in the imposition of fines, imprisonment, or revocation of relevant business permits. The LGUs, where the business establishments are situated, are devolved with the power to revoke business permits for such violations (Bunye, 2019). 2.2 Environmental Permits Environmental assessment is the term used to assess, beforehand, both the negative and positive consequences of a policy, plans, programs, and projects. In which case, environmental permits are required before any decision is made whether to continue with such proposed actions or not. The DENR, through the EMB, issues documents certifying that any proposed undertaking, activities, or project has complied with the environmental laws and regulations (Bunye, 2019). 1) Environmental Impact Assessment (EIA) The “EIA process” seeks to evaluate and predict the likely impacts, positive or negative, of proposed projects during the different phases: construction, commissioning, operation, and abandonment. The EIA process requires the involvement of the applicant (aka the project proponent), the EIA consultants, the EMB, a review committee, communities possibly affected by the project, and other stakeholders (Bunye, 2019). 135  2) Environmental Compliance Certificates (ECC) The EIA and EIS are the necessary requirements for securing the ECC. The ECC is a document issued by DENR-EMB, which certifies that a proposed project or undertaking has complied with all the requirements of the Environmental Impact Statement (PD 1586) system and the proponent has committed to implement its approved Environmental Management Plan (EMP) to address any environmental impacts (Bunye, 2019). 3) Other Permits and Licenses In most situations, businesses may also be required to secure permits over and above the ECC from the regional offices of the DENR-EMB. The following list specifies the business activities that are required to secure permits and the corresponding national laws that requires them to comply (Bunye, 2019).: 1) Hazardous wastes production (RA 6969) 2) Air pollutants generation (RA 8749) 3) Wastewater discharge of businesses not connected to sewer lines (RA 9275). Note that for establishments operating in the National Capital Region and the industrial towns surrounding the Laguna Lake may be required by the LLDA to secure separate discharge permits (PD 813, RA 4850, EO 927, EO 149). 136 Lesson 3. Philippine Laws The government officials involved in the creation of general laws in the Philippines are always elective – both at the local and national levels. The President and the Congress, at the national level, are both involved in the creation of the following forms of general law: (a) constitutional amendments; (b) statutes; (c) executive agreements; and (d) treaties. At the local government level, quasi-legislative lawmaking by regional governments, provinces, cities, municipalities, and barangays, are entrusted to the elective leaders, which consist of local chief executives, governing assemblies, board, and councils (Fernandez, 1992). 3.1 Laws versus Policy The term “policy” summarizes what the government plans to do and what it intends to achieve for its citizens. It also includes what it does not aim to do. Policies are informal documents and not laws. Policies guide the creation of new laws and are framed to achieve certain goals (Cheung, 2019). The term “law” refers to a set principle, procedures, or standards that are imposed on people. It comes in various types, namely: (a) civil laws, (b) criminal laws and (c) international laws. Laws are framed to implement justice to the society (Cheung, 2019). 3.2 Sources of Philippine Laws Where are our laws coming from? Who creates them? More importantly, what are the basis for creating them? In this section, we discuss the main sources3 of laws in the Philippines. 1) The Constitution The Constitution is the fundamental and supreme law of the land, as it provides both the unifying principle and comprehensive framework for the entire Philippine legal system. The 3 University of Melbourne Library, 2020 137 unifying principle is the yardstick of validity for the creation of laws within the legal system. All enactments are valid if they are in accordance and harmony with the Constitution (Herald Digital Law Philippines, 2011). 2) Statutes A Statute is an act passed by the legislative bodies (House and Senate) followed by mandatory presentation to the President, who is then given time to make his decision: (1) to veto, or (2) sign it into law, or (3) allow it to lapse into law by not signing it. Statutes include Acts of Congress, municipal charters, municipal legislations, court rules, administrative rules and orders, legislative rules, and presidential issuances. 3) Treaties and Conventions A treaty refers to “draft agreement between countries” or sometimes referred to as “international agreements” signed by the parties or countries involved (Shaw, 2019). The President negotiates each treaty and after it is signed by the parties, submits it to the Senate for ratification. It is the ratification by the Senate, which gives it the status of law. 4) Judicial Decisions (Shaw, 2019) According to the Civil Code (Article 8), ‘judicial decisions applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’. Only decisions of the Supreme Court establish jurisprudence and are binding on all other courts. 5) Customary Law (Shaw, 2019) To some extent, customary law also forms part of the Filipino legal system. The Constitution provides that ‘the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions and institutions’ (The 1987 Philippine Constitution Article XIV, Section 17). To protect and promote the rights of the indigenous peoples, the Indigenous People’s Rights Act was passed in 1997, also known as the RA 8371. There are instances when some laws provide some leeway to the indigenous peoples to go about their lives without having to worry about violating the law. One example would be the RA 9147 which penalizes the killings of wildlife species. This law does not prohibit the killing of 138 wildlife for as long as it is part of the traditional use or religious rituals of the indigenous cultural communities (RA 9147 Chapter 3 Article 1 Section 7). 3.3 Lawmaking Powers in the Philippines In the previous section we have learned where are laws come from and what are the fundamental basis for creating them. In this section, we will learn who have the authority to create laws and the type of lawmaking powers they are limited to. The categories of law-making powers in the Philippines are the following (Fernandez, 1992): 1) Constituent Power This is the power to lay down the rules of fundamental law, or the rules of the constitution, which are considered principles. This power is vested to the (1) Congress of the Philippines, and (2) the Filipino People (through people's initiative, constitutional ratification). Its forms include Constitution and Amendments). ▪ Example: The 1987 Philippine Constitution 2) Electoral Power This is the power by which sovereign power or supreme power (or portions thereof allocated as offices) are bestowed on citizens. It is the power of the people to choose their leaders. The many forms of electoral power include votes, certificates of canvass, election returns, and election proclamations. ▪ Examples are national and local elections. 3) Legislative Power This is the power to create “Duties and Rights” through general law that are in harmony with and not objectionable to the Constitution (fundamental law). This power is vested to the Congress of the Philippines (whose members are elected by the people). Forms of legislative power include: statutes (Republic Acts), legal codes, certificates of confirmation, resolutions, ordinances, local laws, and international laws. ▪ Examples are Republic Acts and ratified Treaties 139  4) Executive Power This is the ordinance power vested to the Philippine President. This is also known as the President’s rulemaking authority4. This power is used to create law for mobilizing administration, such as appointments and directives addressed to administrative officers and assistants. Its forms include: Executive Orders, Administrative Orders, Proclamations, and Official Decrees. ▪ Examples: EO 23, EO 26, AO 300 (1996), Proclamation 237 (1988), PD 1586 5) Judicial Power This is the power of the courts to create Duties in favor of persons, upon determination of a violation of law. Its forms are: Judgments, Court decisions, and Judicial rules and is vested to the Supreme Court or the lower courts as may be established by law. Examples: ▪ Writ of Kalikasan5 (Supreme Court, 2010) 6) Administrative Power These are the rules and regulations by an official government body (e.g. DENR) empowered with the authority to supervise and direct the execution of certain legislative acts. This is the power by Administrative Agencies to create Duties in favor of particular persons, upon determination of compliance with the requisite conditions prescribed by law. Its forms include: Regulations, Administrative judgments, Orders, Ordinances and is vested to the Bureaucracy or the non-elective government officials. Examples include: ▪ DENR issuing ban on open-pit mining (DAO 2017-10) ▪ LLDA issuing cease and desist orders on wastewater discharge violations 4 “Administrative Code of 1987, Book III, Title I, Chapter II”, n.d. 140 Lesson 4. International Agreements and Treaties Treaties govern many aspects of international environmental law. A treaty is a term to refer to “draft agreement between countries” or sometimes referred to as “international agreements” which are signed by the parties or countries involved. Such agreements are legally binding when they formally ratified by the countries concerned. A ratified agreement means “signed and made officially valid.” Ratification is done by the Senate (Bautista, 2018). Our Constitution has the following provision for treaties: “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate” (The 1987 Philippine Constitution, Art VII, Sec 21). The Senate ratification gives the treaty the “status of law”. Sometimes, the terms Protocols and Conventions are used. In the following section, we discuss their main differences. 4.1 Treaties, Protocols, and Conventions The treaties, conventions, and protocols are sometimes taken interchangeably. Strictly and technically speaking, they are not the same. The following definitions provide the differences6 between these three terminologies: Convention. This is an international meeting of country representatives which results in general agreement about actions and procedures they will take on specific global issues (e.g. global warming, wildlife trade, the law of the sea). Protocol. This is a written agreement formulated and signed by the diplomatic negotiators, as the basis for a final convention or a treaty. Some treaty may take years before completion. Treaty. This is an agreement where the countries involved (“parties”) negotiate to reach a mutual understanding (common ground), discuss conflicts, and resolve disagreements. The treaty is ratified by the government of the representative who signed the treaty. Ratification is done by the country’s lawmaking authority. The treaties, protocols and conventions are usually named after the place where they were held, organized, or conducted. 6 International Protocols, Treaties, and Conventions, 2009 141 4.2 International Environmental Agreements Several hundred international environmental agreements exist, but this module will only cover some of them, especially the ones where the Philippines is a signatory. 1) UN Conference on Environment and Development (UNCED) The UN Conference on Environment and Development was held in Rio de Janeiro, Brazil in 1992. The said Conference was also known as the “1992 Earth Summit”. The Earth Summit gave birth to the Agenda 21 which is non-binding action plan of the UN regarding sustainable development (UNCED, 1992). Sustainable development was defined as “the development that meets the need of the present without compromising the ability of the future generation to meet their own needs.” The "21" in Agenda 21 refers to the 21st century or the year 2000, which was the original target. The parties involved hoped that the development goals will be achieved by the year 2000 only to discover that the said target was too optimistic. The new target now is the year 2030 with the goal of achieving global sustainable development. Since the objective of Agenda 21 is that every country should adopt its own local Agenda 21 plan, the Philippines had the "Philippines Agenda 21: A National Agenda for Sustainable Development for the 21th Century.” In 2012, the UN Conference on Sustainable Development was held again in Rio, called Rio+20 or Rio Earth Summit 2012. 2) Montreal Protocol The science is clear: The earth’s ozone layer, in the stratosphere, absorbs most of the sun’s harmful Ultraviolet-B (UV-B) radiation. If the ozone layer gets depleted, more UV-B will reach the earth. More UV-B means more diseases such as skin cancer, eye cataract. More UV- B also leads to lesser plant yields, less ocean productivity and even damage to plastics. What destroys the ozone layer are chlorine atoms attacking the ozone molecules. The chlorine atoms come from man-made technologies that release the substance called chlorofluorocarbons (CFCs) (Hot Mess, 2018; US EPA, 2015). 142  The Montreal Protocol was adopted on 16 September 1987 in Montreal and came into force on January 01, 1989. The Protocol stipulates the following: (a) Phasing out the ozone- depleting substances, i.e. CFCs, halons, carbon tetrachloride must be phased out by the year 2000; (b) methyl chloroform to be phased out by the year 2005. The Montreal Amendment 1997 has the following new targets: (a) Industrialized countries to phase out methyl bromide by 2005; (b) Developing countries will phase out methyl bromide by 2015. 3) Basel Convention The Basel Convention was aimed to tackle on the uncontrolled disposal of hazardous wastes, especially on controlling their transboundary movements. The said Convention was held in Basel, Switzerland where a global agreement was reached on March 22, 1989. The agreement entered into force on May 5, 1992 having signed by 169 parties. The Philippines signed the agreement on March 22, 1989 and ratified on October 21, 1993 (Basel Convention, 1989). 4) Cartagena Protocol on Biosafety The Cartagena Protocol was an international agreement which was aimed to ensure the safe handling, use and transport of living modified organisms (LMOs) which were a product modern biotechnology. The Protocol also tackled the possible adverse effects of LMOs on the sustainable use of biodiversity and its conservation, plus the accompanying risks to human health. The Cartagena Protocol on Biosafety entered into force on 11 September 2003 and is an international agreement that is legally binding under the UN Convention on Biological Diversity (CBD, 2012). 143 5) Ramsar Convention (1971) The Ramsar Convention was signed in 1871, in Ramsar, Iran. The treaty’s official name is “The Convention on Wetlands of International Importance especially as Waterfowl Habitat.” While the Ramsar Convention was originally intended to protect the habitats of water-bird species, the Convention has since broadened its scope to include the protection of all wetland biodiversity and the 'wise use', conservation, and sustainable use of wetlands (Ramsar Convention Secretariat, 2016). 6) Kyoto Protocol (1997) The science is clear: There is an overwhelming scientific consensus that: (a) Global warming is real and it is happening; and, (b) Humans have caused it through CO2 emissions. The Kyoto Protocol was an international agreement (treaty), adopted in 1997 in Kyoto, Japan under the United Nations Framework Convention on Climate Change (UNFCCC) (Encyclopædia Britannica, 2020). The Protocol’s main objective was to reduce the emissions of atmospheric carbon (CO2) and other greenhouse gases (GHGs) in the atmosphere. The Kyoto Protocol applies to the six GHGs: carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), sulphur hexafluoride (SF6), and perfluorocarbons (PFCS) (Britannica, 2020). The Kyoto Protocol was humanity’s first attempt to reach an international agreement on mitigating global climate change through the reduction in GHGs. It was the first legally binding GHG emission commitments for the developed countries with the overall goal of globally reducing CO2 levels by at least 5% (1990 levels) by 2008-2012. To read more about the long history of The Kyoto Protocol and the ongoing conversations, visit this link: en.wikipedia.org/wiki/Kyoto Protocol 144 7) The UN Convention on the Law of the Sea (UNCLOS) The UNCLOS is an international agreement also referred to as the “Law of the Sea Treaty” or the “Law of the Sea Convention” which was adopted in 1982 and entered into force in 1994. The Philippines was one of its original signatories in 1982 and the 11th country to ratify UNCLOS in 1984 (DENR International Agreements, 2020). The UNCLOS specifies the territorial sea limits of the countries from which they can utilize and explore marine resources. It also provides that a coastal State like the Philippines has sovereign rights to its Economic Zones (EEZ), continental shelf (CS), and contiguous zone (CZ), to be measured from its territorial baselines. Sovereign rights pertain to a state’s exclusive rights, to the exclusion of other states, to the economic use and conservation of marine resources. From its inception in 1982, the Convention has since created three institutions (DENR International Agreements, 2020): 1) International Tribunal for the Law of the Sea (1982) The ITLOS is the judicial body that arbitrates disputes related to the UNCLOS. 2) International Seabed Authority (1994) The ISA is an independent body under UNCLOS that regulates mineral resources exploitation and exploration in deep seabed areas beyond national jurisdiction. 3) Commission on the Limits of the Continental Shelf (1997) The CLCS is an organization that specifies the limits of maritime zones and provides technical and scientific advice to the coastal States that submit their claims. Locsin (2019), considers the UNCLOS as the “Constitution of the Oceans” as it provides a comprehensive legal regime for our seas and it affirms the rule of law in the oceans. 145 Lesson 5. Philippine Environmental Laws The Philippines does not lack in environmental statutes (Teehankee, Revote, and Herbosa, 2018). The 1987 Philippine Constitution itself is very specific in providing for ownership, supervision, and governmental control of natural resources as well as the public domain lands (Article XII, Section 2). Another constitutional provision provides that the State “shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature” (Article II, Section 16). To address environmental problems, most environmental laws are passed through legislation, which is a process of creating or enacting laws by the Congress although there are other means by which laws are created. This section only mentions some examples of environmental laws in the Philippines. 5.1 Some Presidential Decrees on Environment (Teenhankee et al., 2018) Presidential Decrees (PDs) were creations of the late President Ferdinand E. Marcos during the Martial Law years when he took control of the Congress’ lawmaking powers. Presidential Decrees were the only laws made during the Marcos presidency. Presidential Proclamations and PDs were the type of laws issued between the years 1972 and 1986. The following are some of the examples of PDs related to the environment: a) PD 1152 – Philippine Environmental Code of 1977 This Code provided a comprehensive program of environmental protection and management. It also established specific environment management policies and prescribes environmental quality standards. b) PD 1586 – Establishing an EIS System of 1978 Defined the framework for implementing the environmental impact assessment (EIA) as the mechanism to resolve the impacts of development projects on the environment and the people affected by such undertaking. c) PD 1067 – Water Code of 1976 Revised and consolidated all laws on water resources related to utilization, exploitation, ownership, appropriation, development, protection, and conservation. 146 d) PD 705 – Revised Forestry Code of 1975 Revised and updated the PD 389 (the Forestry Reform Code of the Philippines). e) PD 1219 – Coral Resources Development and Conservation Decree of 1977. This law provided for the exploration, exploitation, utilization, and conservation of the country’s coral resources. f) PD 856 – Sanitation Code of 1975 Placed the responsibility of managing the solid wastes to the LGUs. 5.2 Some Republic Acts on Environment (Teenhankee et al., 2018) From 1946 to 1972, the laws passed by the Philippine Congress have been titled “Republic Acts”. During the years 1972–1986, the laws passed were called Presidential Decrees and Presidential Proclamations. In the post-Martial Law years (1987–present), laws were again titled Republic Acts. 1) RA 7160 – Local Government Code of 1991 The law provides that the LGUs should share with the national government the responsibility in maintaining and managing the ecological balance within their territorial jurisdiction in accordance with national policies and other pertinent provisions. 2) PD 8749 – Clean Air Act of 1999 An act providing for a comprehensive air pollution control policy. 3) RA 6969 – Toxic Substances, Hazardous/Nuclear Wastes Control Act 1990 An act to control toxic substances and hazardous and nuclear wastes, providing penalties for violations. 4) RA 9003 – Ecological Solid Waste Management Act of 2000 An act providing for an ecological solid waste management program, creating mechanisms and incentives, declaring prohibited acts, and providing penalties. 147 5) RA 9147 – Wildlife Resources Conservation and Protection Act of 2001 Conservation and protection of wildlife resources and their habitats. 6) RA 9513 – Renewable Energy Act of 2008 Development, utilization, and commercialization of renewable energy resources. 7) RA 9729 – Climate Change Act of 2009 Created the Climate Change Commission. Mainstreaming climate change into government policy formulations. 8) RA 10121 – Disaster Risk Reduction and Management of 2010 Institutionalized the national disaster risk reduction and management plan. 9) RA 7586 – National Integrated Protected Areas System (NIPAS) Act of 1992 NIPAS seeks to classify and manage all designated protected areas (PAs), with the goal of preserving genetic diversity, ensuring sustainable resource use, and maintaining the PAs natural conditions to the greatest possible extent. 10) RA 11038 – E-NIPAS Act of 2018 Creates 94 more national parks across the country. 11) RA 9512 – Environmental Education Act of 2008 This law seeks to promote environmental awareness through environmental education by mandating the integration of environmental education in school curricula at all levels, whether public or private, including in barangay daycare, preschool, non-formal, technical vocational, professional level, indigenous learning and out-of-school youth courses or programs. 12) RA 8371 – The Indigenous Peoples’ Rights Act (IPRA) of 1997 An act to recognize, protect and promote the rights of indigenous cultural communities (ICCs) and indigenous peoples (IPs), creating a national commission on indigenous peoples (NCIP). 148 5.3 Some Administrative Orders on Environment Administrative Orders7 also known as the “Acts of the President” concerning particular aspects of governmental operations in pursuance of his duties as administrative head (E0 292, s. 1987). 1) Administrative Order 1 (2010) - Directing the LGUs, particularly provinces, to use the Guidelines on Mainstreaming Disaster Risk Reduction in their planning activities. 2) Administrative Order 29 (2012) - Naming the West Philippine Sea of the Republic of the Philippines - Consistent with PD 1559 (1978) – Exclusive Economic Zone Law - Consistent with RA 9522 (2009) – Baselines Law - Consistent with the 1982 UN Convention on the Law of the Sea (UNCLOS) 3) Administrative Order 16 (2019) - Expediting the restoration and rehabilitation of the Manila Bay and creating the Manila Bay Task Force. 4) Administrative Order 300 (1996): Strengthening the EIS system, expounding the granting or denying of ECCs. 5.4 Some Executive Orders on Environment (Teenhankee et al., 2018) Executive orders are “Acts by the President” whose effectivity remain valid until they expire on their own terms or are canceled and revoked by the same issuing President. The revocation or modifications to the previously issued Executive Orders can also be made by any incumbent President. 7 “Administrative Code of 1987 Book III Chapter 2 Section 3”, n.d. 149 1) EO 515 (2006) Creation of National Anti-Environment Crime Task Force under the Presidential Anti- Organized Crime Commission, headed by the DENR secretary. 2) Executive Order 774 (2008) Reorganizing the Presidential Task Force on Climate Change 3) Executive Order 23 (2011) – Logging Ban Total log ban on natural and residual forest, selective logging in certain areas, through DENR-issued special permits. Creation of the anti-illegal logging task force. 4) Executive Order 26 (2011) – National Greening Program Objective: Increase the country's forests with 1.5 billion trees between 2011 to 2016. 5) Executive Order 193 (2015) – Expanded National Greening Program Expanding the coverage of the NGP to cover the remaining denuded, degraded, and unproductive forestlands extending its implementation from 2016 to 2028. 150 Lesson 6. Categorizing Environmental Laws (Teenhankee et al., 2018) We have learned that the Philippines boasts a very comprehensive set of laws and polices concerning the conservation and utilization resources, encompassing the different types of ecosystems. In which case, we can categorize the Philippine laws based on the type of ecosystem which they are specifically made for. The following list details the most pertinent of these laws: 6.1 Forestry-Related Laws PD 705 of 1975 (Revised Forestry Code of the Philippines) – This has been, and still is, the “Bible of all Philippine forestry laws”. The law contains the overarching provisions on the management and conservation of the Philippine forests. PD 330 (1973) – Penalized timber smuggling / illegal logging from public forests and forest reserves as qualified theft. PD 953 (1976) – Required tree planting in certain places and penalized cutting, destruction, damaging, and injuring of certain trees, plants, and vegetation. PD 1153 (1977) – Required every Filipino to plant “one tree every month for five consecutive years”. This law was later repealed by EO 287 (1987). PD 331 (1973) – Recognizes the need for Registered Foresters in developing, managing, and utilization of all public forests on a sustainable yield basis DENR Administrative Order 24 (1991) – Ordering the shift of logging from old-growth forests to secondary forests effective 1992. EO 263 (1995) – It is THE national strategy to ensure sustainable development of Philippine forests, aka the Community-Based Forest Management (CBFM). EO 318 (2004) – “Promoting sustainable forest management in the Philippines.” An attempt to revise PD 705. RA 10176 (2012) – Requiring all able-bodied Filipino citizens, at least 12 years old, to plant one tree every year. 6.2 Fisheries-Related Laws PD 704 (1974) – To preserve the productivity of fishery resources through wise utilization and proper conservation. 151  PD 1015 (1976) – Banning of commercial fishing within 7 kilometers from the shoreline. PD 1058 (1976) – This law increased the penalties for illegal fishing. PD 1219 (1977) – Law on protecting the coral ecosystems, providing for its exploration, exploitation, utilization, and conservation. RA 8550 (1998) – The Fisheries Code of the Philippines detailing the policies to protect, conserve, and manage fisheries, e.g. allowable fishing methods. 6.3 Mining-Related Laws PD 463 (1974) – Modernization and intensification of mining exploration development recognizing mining as important for the national development. PD 1198 (1977) – Restoration of mined-out areas. PD 1251 (1977) – “Mine wastes and tailing fee” to compensate for the damages incurred to the private landowners. RA 7942 (1995) – Mining Act of 1995 – This institutes a new system for exploration, development, utilization, conservation of mineral resources. RA 8749 (1999) – People’s Small-scale Mining Act DENR Administrative Order No. 2010-21 – Implementing Rules and Regulations (IRR) for The Philippine Mining Act of 1995 (RA 7942). DENR Administrative Order No. 2017-10 – Ban on open-pit mining. EO 79 (2012) – Guidelines to ensure responsible mining, includes performance review of existing mining operations, moratorium on mineral agreements (MAs). DENR Special Order No. 2018-53 – Crackdown on illegal small-scale mining, creating the National Task Force on Mining Challenge (NTFMC). Pending Mining-Related Bills in Congress: o House Bill 113 (Standards for Responsible Mining) o House Bill 288 / Senate Bill 313 (Fiscal Regime for Mining Industry) o House Bill 1455 (Joint Congressional Oversight Committee on Mining) o House Bill 1470 (Regulating the Practice of Mining Engineering) 152 6.4 Pollution-Related Laws PD 984 (1976) – Revising the RA 3931 (Pollution Control Law), this law sets some policies on water, air and land pollution esp. prevention, abatement, and control. PD 1181 (1977) – This vehicular pollution control law sets the maximum allowance emissions from all types of vehicles. This was a supplement to PD 984. PD 600 (1974) – Criminalizing the discharge of harmful liquids and substances (e.g. oil) into the country’s waters. PD 1144 (1977) – Pesticides Control law. 153  Assessment Task 6-1 Before we wrap up this module, let us see if you have learned something. Please answer the following questions to the best of your ability. Fill in the blanks a) The 1987 Philippine Constitution, Article __ Section __ states that it is the State’s policy to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. b) The Local Government Code is also known as the Republic Act _ _ _ _. c) The _______________________________ is the country’s lead agency responsible for implementing environmental laws and policies. d) The Climate Change Act of 2009 (RA 9729) created the “_________ _________ Commission.” e) RA 8749 is also known as the “__________ _________ Act.” (Hint: This law provides for a Comprehensive Air Pollution Control Policy). f) RA _ _ _ _ created the Laguna Lake Development Authority. g) Presidential Decree 1151 (1977) is the “____________ ____________ Code.” h) PD 705 is also known as the “Revised __________ Code.” The PD 705 amends the PD 389. i) RA 9003 is the “Ecological ________ _________ ____________ Act of 2000.” j) RA 9147 provides for the conservation and protection of __________ resources and their habitats. k) RA 10121 is the “_________ ______ Reduction and Management Act.” l) RA 8371 is the “___________ ________ Rights Act of 1997.” This law recognizes the rights of ___________ ________ over their ancestral lands. m) RA 7586 is the “National Integrated ___________ __________ Systems Act” or the “NIPAS Act of 1992.” 154 Assessment Task 6-2 Enumeration a) List the Bureaus of the DENR (acronyms will do). _________, ________, _________, ________, _________ b) List the Attached Agencies to the DENR: _______________ _______________ _______________ _______________ _______________ _______________ c) Give three (3) examples of Treaties, Protocols, or Convention: _________________________________________ _________________________________________ _________________________________________ d) Write the title of the following pollution-related laws 😊 RA 8749 (1999): ___________________________________________ RA 9003 (2001): ___________________________________________ RA 6969 (1990): ___________________________________________ PD 856 (1975): ____________________________________________ 155 Assessment Task 6-3 Matching Type: Match the law designation (left) with its title (right): PD 1151 Clean Air Act RA 9729 Clean Water Act RA 7160 Climate Change Act of 2009 RA 7942 Disaster Risk Reduction and Management Act RA 10121 Ecological Solid Waste Management Act RA 9003 Hazardous Waste and Toxic Substances Act RA 8749 Local Government Code RA 9275 Philippine Environment Code RA 9003 Philippine Mining Act RA 6969 Revised Forestry Code PD 705 Solid Waste Management Act 156  Assessment Task 6-4 1) Crossword Puzzle: Let us see if your vocabulary has improved through this simple crossword puzzle 😊 2) True or False: On the blank space provided, write T if the statement is correct and write F if the statement is wrong. ____ 1) The Constitution is not the fundamental and not the supreme law of the land. ____ 2) there is an overwhelming scientific consensus that global warming is real, that climate change is happening, and that humans are causing the climate change. 157  ____ 3) The Philippines has sovereign rights to its Economic Zones (EEZ), continental shelf (CS), and contiguous zone (CZ). ____ 4) RA 9147 (Wildlife Act) imposes fines and penalties for killing any wildlife species. However, this law exempts the indigenous peoples for the killing of wildlife if it is part of their traditional use or religious rituals. _____ 5) The 1987 Philippine Constitution Article II Section 16 guides the Philippine Congress to enact environmental laws with the overall goal of protecting the environment. 3) Essay: Answer the following questions to the best of your ability. Use a separate sheet for your answers. a. Pick any two Philippine environmental laws and discuss briefly what the law is about. Use your own words. (Tip: Discuss only some highlights). b. In your opinion, what is the most important environmental law enacted in the Philippines? Choose one and briefly discuss why. c. What environmental law in the Philippines do you think need stricter implementation? Pick one and briefly discuss why. d. Search for any local environmental ordinance in your barangay. Choose one and discuss briefly what the ordinance is about. What national law was it based on? 158  Summary The environmental problems that we face are a result of the collective pressures that we put in the environment. Humans have the unique ability to consciously interact with the environment and have the same unique ability to proactively manage it. Hence, our policy and decision-making should take into consideration how to regulate human activities through penalties or incentives. The manner of legislation and environmental law implementation ultimately affects the everyday lives of the Filipino citizens. We are now becoming increasingly aware that nature knows no boundaries. The transnational nature of environmental problems has led us to participate in discussions through our attendance in conventions and conferences. We put the “Think Global, Act Local” slogan into action through our conscious effort to integrate global issues into our local legislation. Over the years, we have learned that addressing environmental problems is not just the government’s job and that public participation can further improve our implementation of environmental laws. Such is the case of the environmental impact assessments where people participation has been proved essential in almost every part of the procedure. The Philippine environmental law and policymaking is continuously being shaped by several factors such as the current priorities of the government, our participation and obligations in treaties, as well as the vigilance of our local citizens and all the stakeholders concerned. 159  References Banerjee, S. B. (2001). Corporate environmental strategies and actions. Management Decision, 39 (1), 36–44. Barrow, C. J. (2005). Environmental Management and Development. Taylor & Francis e-Library, 2004. Basel Convention. (n.d.). History of the negotiations of the Basel Convention. 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