environmental laws in the philippines - context

7/29/2019 Environmental Laws in the Philippines - Context

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Context, Institutional

Mechanisms and Processes


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Date of effectivity: June 6, 1977

Reason # 1: The individual and, at times,

conflicting, demands of population growth,

urbanization, industrial expansion, rapid

natural resources utilization and increasing

technological advances have resulted in apiecemeal approach concept of

environmental protection.


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Reason # 2: The tunnel-vision concept is not

conducive to the attainment of an ideal

environment situation where man and nature

can thrive in harmony with one another


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Reason # 3: There is an urgent need to

formulate an intensive, integrated program

of environmental protection that will bring

about a concerted effort towards the

protection of the entire spectrum of the

environmental impact assessments andstatements.


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Continuing policy of the State (Sec. 1):

a) To create, develop, maintain and improve

conditions under which man and naturecan thrive in productive and enjoyable

harmony with each other;

b) To fulfill the social, economic and otherrequirements of present and future

generations of Filipinos; and


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Continuing policy of the State:

c) To ensure the attainment of an

environmental quality that is conducive to alife of dignity and well-being.


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Right to a healthy environment (Sec. 3)

Right of the people to a healthful

environment.

Duty and responsibility of each individual

to contribute to the preservation andenhancement of the Philippine

environment.


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Environmental Impact Statements (Sec.

4) for every action, project or undertaking

which significantly affects the quality of theenvironment which shall include a detailed

statement on the environmental impact,

adverse environmental effect, a finding that

the use of depletable/non-renewable

resources are warranted, and alternative to

the proposed action..


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June 6, 1977

establishes specific environment

management policies and prescribesenvironment quality standards

Policies:

(a)to manage natural resources to obtain

maximum benefits;

(b)to conserve natural resources for future

generations


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Scope:

Air Quality (aircraft, vehicle emissions,radioactive emission, pollution)

Water Quality

Land Use


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Scope:

Natural Resources Management andConservation (fisheries & aquatic, wildlife,

forestry & soil, flood control & natural

calamities, energy development, and

mineral resources)

Waste management


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National Environmental Protection Council(NEPC) created under PD 1121 shall

assess development projects, conduct

IECs, undertake/promote research,determine incentives, etc.

Department of Education & Culture shallintegrate subjects on environmental

education in school curricula at all levels.


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Agenda 21 is a program of action into the

21st century for bringing the Earth into a

sustainable future. It was adopted by the

participating governments of the world in theUnited Nations Conference on Environment

and Development (UNCED), otherwise

known as the Earth Summit, in Rio deJaneiro, Brazil in June 1992.


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Philippine Agenda 21 is our own national

agenda for sustainable development. It is

made up of:

- The Principles of Unity

- The Action Agenda (or intervention areas)

- The Implementation Strategies (national toregional level)


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Vision

A better quality of life for all through the

development of a just, moral, creative,

spiritual, economically-vibrant, caring,

diverse yet cohesive society characterized

by appropriate productivity, participatory and

democratic process and living in harmonywithin the limits of the carrying capacity of

nature and the integrity of creation.


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5 Goal Elements:

1. Poverty Reduction2. Social Equity

3. Empowerment and Good Governance

4. Peace and Solidarity5. Ecological Integrity


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10 years after (2002) in Johannesburg,

South Africa, world leaders gathered to

reinvigorate global commitment to

sustainable development. It became the

Enhanced PA 21.


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Philippine Council for Sustainable

Development (PCSD) is a multi-sectoral

body formed to coordinate and monitor the

fulfillment of the Philippine commitment to

UNCED and WSSD.


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SustainableDevelopment

Government(polity

Civil Society(culture)

Business(economy)


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The Philippines renounces war as an

instrument of national policy, adopts the

generally accepted principles of

international law as part of the law of the

land and adheres to the policy of peace,

equality, justice, freedom, cooperation, andamity with all nations.


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Sections 5(c) & 16, Chapter 2, Title One,

Book I of RA 7160:

1. Liberal interpretation of general welfare

provisions

2. LGUs shall exercise express, implied and

necessary powers to promote general

welfare


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3. LGUs shall ensure and support:

- Preservation and enrichment of culture,- Promote health and safety

- Enhance right to a balanced ecology

- Etc.


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Declaration of Policy (Sec. 3)

-to ensure the sustainable use,

development, management, renewal and

conservation of the countrys forest, mineral,

land, off-shore areas and other natural

resources, including the protection and

enhancement of the quality of theenvironment, and equitable access, not only

for the present generation but for future

generations as well.


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Declaration of Policy (Sec. 3)

- to recognize and apply a true value system

including social and environmental cost

implications relative to their utilization,

development and conservation of our natural

resources.


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Mandate (Sec. 4)

The Department shall be the primarygovernment agency responsible for the

conservation, management, development,

and proper use of the countrys environment

and natural resources xxx.


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June 11, 1978

To attain and maintain a rational andorderly balance between socio-economicgrowth and environmental protection

Established an Environmental ImpactStatement System based on EIS required

under PD 1151


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December 14, 1981

proclaimed certain areas and types ofprojects as environmentally critical


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The Philippines is not lacking in lawsprotective of the environment.

Philippine Environmental Policy (1977)required EIS for undertakings with

significant environmental impacts


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Philippine Environmental Code (1977)established specific environment

management policies and prescribed

environment quality standards

EIA Law (1978) established the EIS

System.


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Proclamation No. 2146 (1981) proclaimedcertain areas and types of projects as

environmental critical and within the scope

of the EIS System.


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The Constitution mandates adevelopment that is pro-people and pro-

environment.

1987 Constitution mandates a course ofeconomic development that does not

compromise the welfare of the people andthe environment


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DENR is the institution tasked withtaking care of the ENR.

EO 192 s. 1987 which reorganized theDENR, the primary government agency

tasked with the conservation,

management, development and proper

use of the environment & natural

resources


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The Philippines is doing its share inthe global effort towards sustainable

development.

PA 21 (1992) is a programme of action tobe implemented into the 21st century by

governments, business, and CSO in everyarea where human activity affects the

environment.


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The Philippines, as part of the community of

nations is doing its part in improving the

living standards of those who are in need,

while better managing and protecting the

ecosystem to bring about a more

prosperous future for us all.


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environmental laws in the philippines - context

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