Lecture-2_f079c51bab2e00ef60a426fe7f2e7745 (1).pdf

16/09/2024 Review Laws Philippine Constitution, statutes, Natural Positive...

16/09/2024 Review Laws Philippine Constitution, statutes, Natural Positive administrative issuances, local Law Law ordinances and jurisprudence Natural Law of Principles of Divine Divine-Human Human Moral Law Nature Law Positive Law Positive Law Positive Law Acc. to given rights or procedure: Substantive Law and Remedial Law Acc. to content and scope: Private Law and Public Law 2 1 2 Review: Why are laws crafted? Alternative Dispute Resolution To uphold the a. Conciliation Constitution b. Mediation 1987 Philippine c. Negotiation Constitution d. Arbitration Supreme law e. Using ombudsmen and other regulatory bodies. Foundation of government system 3 3 4 Three branches of Government Hierarchy of Law 1. Constitution – fundamental law of the land, which is the supreme of all, wherein subsequent enactments adheres with. 2. Statutes/Legislation (Republic Acts) – that which enacted by the legislative branch of government. Must adhere to the constitution. - makes the law - carries out the law - evaluates the law - belongs to the - headed by the - belongs to the Congress President Supreme Court and other Courts 6 5 6 1  16/09/2024 Hierarchy of Law Philippine Laws and Name Designation 3. Jurisprudence or Case Law – judgement 1. Act (Act) – refers to a written law formally passed and legislative power of a state when the Philippines was under the sovereignty of the United States of the courts rendered from interpreting the wordings of Statutes. Example: Act No. 496 – Land Registration Act 4. Administrative or Executive Orders, February 1, 1903 Regulations and Rulings – Must adhere to the constitution, and governing statute, which 2. Commonwealth Act (CA) – is a legislative act passed by the legislature can be enforced in the same way as statutory established by virtue of the 1935 Constitution; law. 5. Ordinances – passed by the local Example: government units. CA No. 141– Public Land Laws 7 7 8 Philippine Laws and Name Designation Name Designation 3. Presidential Decree (PD) – is an innovation made by Pres. Ferdinand E. Marcos with the proclamation of Martial Law 1973 Constitution 1935 Constitution (Batas Pambansa, BP) (Commonwealth Act, CA) 4. Batas Pambansa (BP) – when the Philippines was on semi-presidential republic 1898 1946 Presidential Decree, PD present 5. Republic Act (RA) – during the republic form of government (i.e., the present form of Philippine government) A C T R E P U B L I C A C T 9 10 Legislative Process of Statutory Laws Legislative Process of Statutory Laws ROLE OF THE CONGRESS (HOUSE OF REPRESENTATIVES AND SENATE) 1. Proposal of a Bill: 3. Committee Report: The legislative process begins with the proposal of a bill. A bill can be proposed by: After review, the committee produces a report on the bill, which may include A member of the House of Representatives (a Representative) or the Senate (a amendments or revisions. Senator). The committee's findings and recommendations are presented to the full The President of the Philippines. chamber for debate. A committee or a citizen's initiative. 4. Plenary Debate: 2. Committee Review: The bill is debated by all members of the chamber (House of Representatives or The proposed bill is referred to the appropriate committee for review and analysis. Senate). Committees conduct hearings, gather input, and make recommendations on the bill. Amendments may be proposed, discussed, and voted upon during this stage 11 12 11 12 2  16/09/2024 Legislative Process of Statutory Laws Legislative Process of Statutory Laws 5. Chamber Vote: ROLE OF THE PRESIDENT A final vote is taken to approve or reject the bill. 8. Presidential Action: If approved by a majority vote in one chamber, it proceeds to the other chamber for a similar process. The bill is forwarded to the President of the Philippines. The President has three options: (a) Sign the bill into law, (b)Veto the bill (with 6. Bicameral Conference: explanations)or (3) Take no action (in which case the bill becomes law after If the two chambers pass different versions of the bill, a bicameral conference 30 days). committee is formed to reconcile the differences. 9. Override Veto: 7. Approval by Both Chambers: If the President vetoes the bill, it returns to Congress. Congress may override Once both chambers agree on the final version of the bill, it is approved. the veto with a two-thirds majority vote in both chambers. 10. Enactment: If the President signs the bill into law or Congress successfully overrides a veto, the bill becomes a Republic Act (RA) and is an official law of the Philippines. 13 14 13 14 Institutions Involved in Land Management Institutions Dealing 1. Department of Environment and Natural Resources (DENR); 2. Land Registration Authority (LRA) of the Department of with Land Resources Justice (DOJ); 3. Department of Agrarian Reform (DAR); 4. National Commission on Indigenous People (NCIP). Note: Some gov’t agencies (not included here) may have indirect participation for land resources management. 16 15 16 DENR DENR Bureaus is the executive department of the Philippine government Land Management Bureau (LMB) responsible for governing and supervising the exploration, Environmental Management Bureau (EMB) development, utilization, and conservation of the country's Mines and Geosciences Bureau (MGB) natural resources. Forest Management Bureau (FMB) More specifically, forest and pasture lands, mineral resources, including those in reserve and watershed areas, and public Biodiversity Management Bureau (BMB) lands, as well as the licensing and regulation of all-natural formerly Protected Areas and Wildlife Management Bureau (PAWB) resources as required by law to ensure a fair sharing of the Ecosystems Research and Development Bureau (ERDB) benefits derived from them for the welfare of present and future Filipino generations. (DENR, 2019). 17 18 17 18 3  16/09/2024 Environmental Management Land Management Bureau Bureau Its primary focus is on the sustainable management of public lands and natural It is the national authority responsible for pollution prevention and control, resources. and environmental impact assessment. LMB's responsibilities include land classification, land use planning, land Sets air and water quality standards and monitors ambient and point disposition, and the management of public lands, including forest lands, alienable source pollutants. and disposable lands, and other natural resources. Manages hazardous and toxic wastes under the Toxic Substances, conducts land surveys, land titling for public lands, and land management planning. It also oversees forest management and resource utilization. Hazardous and Nuclear Waste Control Act and implements the Philippine Environmental Impact Assessment (EIA) system. 19 20 19 20 Mines and Geosciences Bureau Forest Management Bureau is responsible for the conservation, management, development It provides technical guidance to the central and field offices for and proper use of the country's mineral resources including the effective protection, development, and conservation of those in reservations and lands of public domains. forestlands and watersheds. It shall recommend policies and programs towards the achievement of sustainable forest management, anchored on science and principles of good forest governance. 21 22 21 22 Ecosystems Research and Biodiversity Management Bureau Development Bureau (ERDB) Agency mandated to conserve and sustainably manage the country’s biodiversity. is the principal research and development (R & D) unit of the Particulars: DENR. Establishing and Managing Protected Areas Conserving Wildlife Its R & D and extension activities are focused on the five major Promoting and Institutionalizing Ecotourism ecosystems of the Philippines which include forests, upland Managing Coastal Biodiversity and Wetlands Ecosystems farms, grassland and degraded areas, coastal zone and Conserving Caves and Cave Resources freshwater, and urban areas. Information and Education on Biodiversity and Nature Conservation Managing Ninoy Aquino Parks and Wildlife Center Negotiating biodiversity-related Multilateral Environmental Agreements and Monitoring National Implementation. 23 24 23 24 4  16/09/2024 2. LRA of DOJ 3. DAR Is responsible for issuing decrees of registration and responsible for the redistribution of agrarian land in the certificates of title and register documents, patents and other Philippines. land transaction for the benefit of landowners, agrarian reform- Mandates to lead in the implementation of the Comprehensive beneficiaries and the registering public in general; Agrarian Reform Program (CARP) through Land Tenure providing a secure, stable and trustworthy record of land Improvement (LTI), Agrarian Justice and Coordinated delivery of ownership and recorded interests therein so as to promote essential Support Services to client beneficiaries. social and economic well-being and contribute to the national development. 25 26 25 26 National Commission on DAR Bureaus Indigenous Peoples Bureau of Agrarian Reform Legal Assistance is the agency of the national government of the Philippines Bureau of Agrarian Reform Beneficiaries Development that is responsible for protecting the rights of the Bureau of Land Tenure Improvement indigenous peoples of the Philippines. Bureau of Land Development promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and Bureau of Agrarian Reform Information Education institutions. It is attached to the DSWD. 27 28 27 28 29 29 5