environmental law 1 lecture

8/10/2019 Environmental Law 1 Lecture

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Grassroots Entrepreneurs for Ecotourism

Nullem crimen

nulla pena sine lege


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Why fishers comply with law?

(Denmark study)

Factors - Rule Compliance in fisheries

1. Economic gains to be obtained

2. Deterrence & sanctions

3. Compatibility of the law & fishing practice

4. Regulation leads towards stock

conservation

5. Norms & morals6. Co-management


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The Philippine Constitution

National Laws & International Laws

Administrative Iss

uances

ordinances

Legal Framework for

Environmental Protection


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1987 Constitution

Supreme Law of the Land

All laws must be consistent;

Art. 7, of CCP- law, rules or act shall be

regarded as invalid.

provides general policies for protection and

conservation of the environment, and

the use of natural resources.


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International treaties and

Agreements

Art. II Sec. 2Philippine Constitution. The Phil. adopts

the gen. accepted principle of international law as

part of the law of the land.

Art. VII Sec. 21. Treaty/ IA shall be valid & effective-concurred by 2/3 of all members of the Senate.

Philippines has ratified 23 International Agreements

LOSC- Jan. 14 1997

CITES-Aug. 18, 1981

UN Convention on Climate Change-


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Relevant Constitutional

Provisions

Art. II, Sec. 15. The State shall protect andadvance the right of the people to a balancedand healthful ecology in accord with the

rhythm and harmony of nature.Art. XII. Sec. 2:The EDU of natural resources

shall be under the full control and supervisionof the State. The State shall protect the

nations marine wealth, . . . and exclusiveeconomic zone, and reserve its use andenjoyment exclusively to Filipino citizens.


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Provisions

Art. II. Sec. 15: The State shall protect andpromote the right to health of the people andinstill health consciousness among them.

Art. II, Sec. 16. The State shall protect andadvance the right of the people to a balancedand healthful ecologyin accord with the rhythm

and harmony of nature.




Provisions

Art. XII, Sec. 2: Regalian Doctrine

All lands of public domain, waters, minerals,

coal, petroleum and other mineral oils, all forcesof potential energy, fisheries, forests or timber,

wildlife, flora and fauna and other natural

resources are owned by the State




Provisions

Agreement for exploration etc. of natural

resources limited to Filipinos;

Protection of marine wealth; Small-scale utilization of natural resources

by Filipinos;

Technical or financial assistance

agreements with foreign-owned corp. by

the President.




Provisions

Art. XII, Sec. 3 :Classifies land of public

domain:

1. Agricultural2. Forest or timber

3. Mineral

4. National Parks


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Provisions

Art. XII, Sec. 4 :The Congress shall, as soon aspossible, determine, by law, the specific limits of

forest lands and national parks, marking clearly

their boundaries on the ground. Thereafter, such

forest lands and national parks shall be

conserved and may not be increased nor

diminished, except by law. The Congress shallprovide for such period as it may determine,

measures to prohibit logging in endangered

forests and watershed areas


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Provisions

Art. XIII, Sec. 7: The State shall protect the

rights subsistence fishermen, especially of

local communities to the preferential useofthe communal marine and fishing resources,

both inland and offshore. It shall provide

support to such fishermen through the

appropriate technology and research. . . andother services.


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Provisions

Art. X, Sec. 7:Local governments shall beentitled to an equitable share in the proceeds of

the utilization and development of the national

wealth within their respective areas, in the

manner provided by law, including sharing the

same with the inhabitants by way of direct

benefits.


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Provisions

Art. X, Sec.7 The right of the people toinformation on matters of public concern shall

be recognized. Access to official records, and to

documents and papers pertaining to official acts,

transactions, or decisions, as well as to

government research data used as basis for

policy development, shall be afforded the citizen,subject to such limitations as may be provided

by law


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Provisions

Art. XIII, Sec.16. The right of the people andtheir organizations to effective and reasonable

participation at all levels of social, political, and

economic decision-making shall not be abridged.

The State shall, by law, facilitate the

establishment of adequate consultation

mechanisms


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Provisions

Art. XII, Sec.5.

The Congress may provide for the applicability of

customary laws governing property rights orrelations in determining the ownership and

extent of ancestral domain


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International treaties and

Agreements

Art. II Sec. 2Philippine Constitution. The Phil. adopts

the gen. accepted principle of international law as

part of the law of the land.

Art. VII Sec. 21. Treaty/ IA shall be valid & effective-concurred by 2/3 of all members of the Senate.

Philippines has ratified 23 International Agreements

LOSC- Jan. 14 1997

CITES-Aug. 18, 1981

UN Convention on Climate Change-


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Law of the Sea

Replaced the freedom of the seas concept

Defines the rights & resp. of nations in their use of

oceans, estb. guidelines for the businesses,

environment & the mgt of marine resources;

Philippines ratified it on January 1997.

155 members

Delineated the following zones:


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Internal waters-coastal state is free to set laws,

regulate use & use any resource

- no right of innocent passage-foreign

vesselsTerritorial waters-12 NM frm. Baselines

-free to set laws, regulate use & use of

any resourceinnocent passage-vessels

Transit passage- military crafts;

Submarine-to surface & show flag


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Contiguous zone24 NM from baseline

-coastal state can enforce laws on

illegal immigration and smuggling

Exclusive Economic Zone (EEZ)- 200 NMfrm. baselines

-coastal state has the sole exploitation

rights over all natural resources- lay submarine pipes & cables


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Continental shelfdoes not exceed 350NM frombaseline -

- natural prolongation of the land

territory to the continental margins outer edge

-coastal state can harvest minerals

& non-living material in the subsoil to the

exclusion of others.


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CITES

Convention on International trade in

endangered species of wild faura & fauna

Aim: prevent international trade frm

threatening d survival of wild fauna & flora

Objective: rational & sustainable

conservation of earths living resources for

their own sake & for human benefit


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CITES

Phil. signed March 1973 in Washington DC

Entered into force on July 01, 1975

Today: 172 parties that protects 33,000species of animals & plants


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UN Framework Convention

on Climate Change (UNFCCC)

Signed by 154 heads of states in Rio deJaneiro in 1992 ( Earth Summit)

Entered into force in March 1994

Agreed to stabilize greenhouse gasemissions

Developed countries committed to reduce

greenhouse gas emissions to 1990 level byyear 2000.


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UN Framework Convention

on Climate Change (UNFCCC)

Mandated members to have an inventory

of greenhouse gas emissions & dev.

Strategies/programs to adapt to &

mitigate effects of climate change.

e.g. Emissions trading


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National Laws

The system of governance in the Philippines is basedon a hierarchy of executive and legislative mandates on

both local and national levels:

Constitution

Republic Acts

Commonwealth Acts, Public Acts, Batas Pambansa

PDs issued during the Marcos era and EOs of

President Aquino

Administrative Orders


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National Laws on CRM

Local Govt Code (RA 7160)

Philippine Fisheries Code (RA 8550)

National integrated protected Areas systemAct ( RA 7586)

Toxic and Hazardous Waste Act (RA 6969)

National Pollution Control Decree (PD 984)


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National Laws on CRM

Water Code of the Philippines

Ecological Solid Waste Act ( RA 9003)

Philippine Environmental Code (PD 1152) Forestry Code ( PD 705)

Marine Pollution Law (PD 979)

Mining Act (RA 7942)

National Integrated


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National Integrated

Protected Areas System

Act (NIPAS)

Establishes national protected areas of special

biological and cultural significance in the

Philippines;

Places management of national protected areas

under a multisectoral body called the

Protected Area Management Board

(PAMB), chaired by DENR


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Toxic and Hazardous Waste Act

(RA 6969)

Establishes rules and regulations governing theIMP STD USD of toxic and hazardous wastes.

National Pollution ControlDecree (PD 984)

Provides for pollution control and penalties forthe discharge of untreated or inadequately

treated industrial effluentsin coastal waters.


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Ecological Solid Waste Act

(RA 9003)

Penalizes improper waste disposal, to provide forample services to regulate and dispose of householdwastes.

Water Code of the Philippines (PD 1067)

All waters shall belong to the state; 3 m in urban areas

20 min agricultural areas

40 m in forest areas along their margins are

subject to easement of public use along theirmargins is subject to public easement wherebuilding of structuresof any kind is prohibited.


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Philippine Environmental Code

(PD 1152)

Provides for maintenance of air and waterquality, land use, and conservation.

Places exploitation of fisheries, wildlife,

forest and mineral resources under themanagement of the DENR.

Forestry Code (PD 705)

Establishes provisions for forestmanagement including mangroves.


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Marine Pollution

Law (PD 979)

Prohibits discharge of oil, noxious,gaseous, and liquid substances, refuse

matter of any kind, and other harmfulsubstances from any maritime vessel orman-made structures or establishment inPhilippine territorial or inland navigablewaters or its bank.


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Mining Act

(RA 7942)

Provide restrictions on areas closed tominingsuch as old growth or virgin forests,proclaimed watershed forest reserves,

wilderness areas, mangrove forests, mossyforests, national parks,provincial/municipal forest, parksgreenbelts, game refuge, and birdsanctuaries as defined by law and in areasprohibited by NIPAS.


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Local Ordinances

The LGC specifically mandates the

Sanggunianto legislate ordinances that will

protect the environment.

Exercised by the SB/ SP/City Council


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Local Ordinances

Local council has a plenary power to enactordinances but should:

not contravene the Constitution or any law;

not be unfair or oppressive; not be partial or discriminatory;

be general and consistent with public policy;

not be unreasonable.

A f J i di ti


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Area of Jurisdiction

TZ 12 NM

EEZ 200

NM


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Agencies Responsible for CRM

Municipal Waters

LGU

PNP

Bantay Dagat

Philippine Waters

BFAR, PCG, DENR, DOJ, PIA


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DepEds Role

PD 1152. Mandates the integration of

environmental education into school

curriculum;

Sec 117 of RA 8550. Fisheries conservation

subjects shall be incorporated in the

curriculaof elementary and secondary both

private and public.


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Issues and Concerns

Delineationof Municipal Waters

Delay/ Non-Prosecution of Fishery Cases

Spatial and use Conflict


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Conclusion

Phil. Legal framework well-established

We need to enforce!

Important to educate!


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References

DENR, BFAR, DILG (2001). Philippine Coastal Management Guidebook No. 2:

Legal and Jurisdictional Framework for Coastal Management.Cebu,

Philippines

DENR. (2008). Climate Change and Global Warming. Techno-Series. Iloilo

City, Philippines.

Lecture Materials of Ludivina Labe delivered at the Training on CetaceanStranding Response and Identification and Documentation of Endangered

and Regulated Species of Fish and Shellfishes, 14-16 May,2008, Punta Villa,

Iloilo

Nielsen and Mathiesen.(2000). Important Factors Influencing Rule

Compliance in Fisheries-Lessons Learned from Danish Fisheries. Hirtshals,

Denmark.

Republic Act 8850

www. wikipedia.com


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Municipal waters-

-streams, lakes, inland bodies of water, tidal

waters w/in the mun, pub. Forest, timber lands,

forest reserves, fishery reserves- excludes NIPAS Law

- -0-15 km frm coastline

- 2 mun. w/ less than 30 km.Sec.4(58) RA 8550


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environmental law 1 lecture

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