Land Laws

A Survey of Philippine Laws on Environmen Enviro nmentt and Natural Resources Rodolfo Ferdinand N. Quicho, Jr., Esq.

Constitution and the Environment Preamble “We, the sovereign Filipino people… in order to build a just and humane society and establish a government that shall… conserve ru le and develop dev elop our patrimony  patrimony … under the rule of law and a regime of truth, justice, freedom, love, lov e, equality equality,, and peace, do ord ordai ain n and promulgate this Constitution.”

Constitution and the Environment Principles and State Policies Right to Health The State shall protect and promote the right to health of the people and instill health consciousness among them. (Art. II, Sec. 15)

Right to Balanced Ecology 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. (Art. II, Sec. 16) Oposa v. Factoran

General Welfare The maintenance maintenance of peace and order, the protection protec tion of life, liberty, and property, and promotion of the general welfare welfare are essential for the enjoyment by all the people of the blessings of democracy. (Art. II, Sec. 5)

Constitution and the Environment Billl of Rights Bil Rights Right to Life (Due Process Clause) No person shall be deprived of life, liberty, or  property prop erty without due process of law, nor shall sh all any person be denied the equal protection of the laws. (Art. III, Sec. 1)

Right to Information Right to free speech and free association

Constitution and the Environment National Economy and Patrimony Goals of the national economy equitable distribution equitable distribution of op oppo portun rtunities, ities, income, in come, and wealth sustained increase in the amount of goods and services produced by the nation for the benefit of  the peo people ple expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

Constitution and the Environment National Economy and Patrimony State ownership of natural resources All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of  potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State I nsular Government Government  – Carino v. Insular  – Cruz v. NCIP

Natural resources inalienable, except agricultural lands

Constitution and the Environment Modes of utilizatio Modes utilization n of NR Direct utiliza u tilization tion by the State Co-production, Co-prod uction, joint ventur venture, e, production production sharing sh aring with Filipinos (60% rule) Small-scale utilization Technical or financial assistance Land classification Agricultural Forest or timber  Mineral lands National Parks Limits of forest lands and national parks to be determined by Congress, clearly marking metes and bounds on the ground

Constitution and the Environment ICCs/IPs Protect rights of ICCs to their ancestral lands Applicability of customary laws on property relations Ownership and extent of ancestral domains Social Function of Property Use of property bears bears social functi f unction on Economic agents to contribute to common good Distributive justice (State ( State can intervene intervene when common good demands)

Constitution and the Environment Social Justice and Human Rights Ecological considerations in agrarian reform Prefere referential ntial use of marine resources by subsistenc subsistence e fishermen Rights of women Protect working women Protect women thru th ru safe and healthful wor working king conditions Facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation

People’s Organizations Encourage non-gov, CB or sectoral orgs that promote welfare of  nation Respect Respe ct role of independent ind ependent POs POs – bona fide associations of citizens with demonstrated capacity to promote public interest and with identifiable leadership, membership, structureLocal Autonomy

Ensure autonomy of local governments

General Environmental Laws PD 1151 (Environmental Policy) Policy Create, develop, maintain, improve conditions where humans and nature can thrive Fulfill Fulf ill the social, social, eco economic nomic and other requirements requirements of present and future futu re generations generations Ensure attainment of environmental quality conducive to a life of  dignity and well-being

Goals Recognize, discharge and fulfill responsibilities of each generation as trustee Assure people of safe, decent, productive, and aesthetic environment Widest exploitation of environment without degrading it Preserve important historic and cultural aspects of Phil. Heritage Attain balance between population and resource use Improve utilization of renewable and non-renewable resources

General Environmental Laws PD 1151 (Environmental Policy) Recognition Recog nition of Right to healthy environment environment IES PD 1152 Air Quality Management W ater Quality Management Management Land Use Management Natural Resource Management & Conservation W aste Management Management

General Environmental Laws PD 1586 Established the EIS System Environmentally Envir onmentally Critical Critic al Projects Environmentally Envir onmentally Critical Areas PD 984, Pollution Control Law Defines Pollution Alteration of the physical, chemical, and biological properties of any water, air and/or land resources, or any discharge thereto of any liquid, gaseous, or solid wastes as will or is likely to create or  render them harmful, detrim d etrimental ental or injurious to public publ ic health, safety, or welfare or which will adversely affect their utilization for  domestic, commercial, industrial, agricultural, recreational, or other  legitimate purposes. Mead v. Argel

General Environmental Laws RA 6969, Toxic Substances and Hazardous Wastes Control Act Objectives: Keep an inventory of chemicals imported, manufactured, used Monitor and regulate importation, manufacture, processing, handling,, storage, transport, sale, distribution, handling distribution, use and disposa disposall of  chemical chemic al substances Inform and educate populace on hazards and risks Prevent entry of hazardous and nuclear wastes

Hazardous Substances and Nuclear Wastes Hazardous substances – present short-term acute hazards or risk of fire or explosion; or long-term environmental hazards Hazardous wastes – without any safe comm’l, ind’l, agri, eco usage, and brought to the Philippines for dumping Nuclear wastes – hazardous wastes made radioactive by exposure to radiation radiation through production or utilization utilization of nuclear n uclear fuels

Forestry Law PD 705, Rev Revised ised Forestry Code Code of 1975 1 975 Defines forest – 18% slope rule Utilization – requires contract, concession, permit, license, or lease Defines Illegal Logging, among others Mode

Object

Source

Condition

Cut, gather, collect, remove

Timber or other  forest products

Forest land

Without authority

Cut, gather, collect, remove

Timber 

Private land or  A&D land

Without authority

Posses

Timber or other  forest products

Anywhere

Without legal documents

Forestry Law EO 263, CBFM CBFM as national strategy strategy Social justice concern Entrusts responsibility for forest rehabilitation, protection, and conservation to communi communities, ties, and affords affords them equitable access to the forest and coastal resources

Tenurial instruments CBFMA CBFMA-PA CADC CALC

Mining RA 7076, People’s Small-Scale Mining Act of 1991 Small-scale Mining Program – DENR Achieve orderly, systematic, rational scheme for small-scale development and utilization of mineral resources in certain areas to address social, eco, tech, and envi problems connected with smalls mall-scale scale mining activities

Definitions Small-scale mining – relies heavily on manual labor using simple implements, do not use explosives or heavy equipment Small-scale Smallscale miners – Filipino citizens, individually individually or as a group, voluntarily form a cooperative, licensed by DENR to engage in extraction of minerals or ore-bearing materials

Mining area No more than 20 has.

Mining RA 7942 (Mining Act of 1995) Areas for mineral operations All mineral resources resources in public pub lic or private private lands, including inclu ding timbe t imberr or  forestlands open to mineral agreements or financial or technical agreement applications.

3 Modes of Mineral Agreements Agreements Mineral production sharing agreement Co-production agreement Joint venture agreement

Financial or Technical Assistance Agreement Quarry Resources Quarry permits for building and construction materials materials with provincial/city government

Biodiversity Republic Act 7586, NIPAS Act Protected Areas Identified portions of land and water set aside by reason of  their unique physical and biological significance, significance, managed to enhance biological diversity, and protected against destructive human exploitation.

Management Legislation PAMB Zoning GMPS & PA-MPS

Process Legislation

Biodiversity RA 9147, Wildlife Resources Conservation and Protection Act of 2001 Wildlife W ild forms forms and varie varieties ties of flora and fauna, in all developmental develop mental stages, including those which are in captivity c aptivity or are being bred or propagated.

Bioprospecting Research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived derived therefrom for commercial purposes

Access to biodiversity Gratuitous permit for non-commercial scientific or  educational research Bioprospecting for commer commercial cial Registration of threatened and ex exotic otic species s pecies

Biodiversity EO 247, Guideline Guidelines s for f or the Prospecting of Biological Biological and Genetic Resources, 1995 Permits Gratuitous, Academic Research Agreement Commercial, Commercial Research Agreem Agreement ent

Prior Informed Inf ormed Consent of local and indigenous indigenous cultural communities Benefits of Filipinos Participation in research Participation Royalties to communities, in commercial Access to information Permit fees

Law on Fisheries RA 8550, The Philippine Fisheries Code of 1998 Provide Prov ides s for f or fisheries f isheries manag m anagement ement DA-BFAR Exclusive use of Filipinos

Local Management Municipal waters FARMC

Sub-sectors Municipal fisheries Commercial fisheries Aquaculture Processing

Indigenouss Peoples Indigenou RA 8371 (I (IPRA) PRA) Recognition Recogniti on of rights Ancestral domains and lands  – CADT and CALT

Self-Governance and Empowerment  – Free and Prior Informed Consent  – Indigenous forms of government  – Indigenous modes of settling dispute

Social Justice Social Jus tice and Human Rights Cultural Integrity NCIP