1987 Constitution as Basis of Environmental Laws

1987 Constitution and the Environmental Laws May 9, 2014

Provisions in the 1987 Constitution

 Artile !!  Section15provides Section15providesthat that “the State shall protectand promotethe right to health of the people and instill health conscious among them”

 Section 16 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”.

1987 Constitution

 Article Xentitled “!ational "conomy and#atrimony” that providesfor the efficient use and state ownership of natural resources.

Loal "overnment Code o# 1991

$etion 2 %elaration o# Poliy  $a% t is hereby declared the policy of the State that the territorial and political subdivisions of the State shall en&oy genuine and meaningful local autonomy to enable them to attain their fullest development as self'reliant communities and ma(e them more effective partners in the attainment of national goals. )oward this end* the State shall provide for a more responsive and accountable local government structure instituted through a system of decentrali+ation whereby local government units shall be given more powers* authority* responsibilities* and resources. )he process of decentrali+ation shall proceed from the national government to the local government units.

L"C o# 1991 $etion 1&' "eneral (el#are  "very local government unit shall e,ercise the powers e,pressly  granted* those necessarily implied there from* as well as powers necessary* appropriate* or incidental for its efficient and effective governance* and those which are essential to the promotion of the general welfare. -ithin their respective territorial &urisdictions* local government units shall ensure and support* among other things* the preservation and enrichment of culture* promote health and safety* enhance the right of the people to a balanced ecology* encourage and support the development of appropriate and self'reliant scientific and technological capabilities* improve public morals* enhance economic prosperity and social &ustice* promote full employment among their residents* maintain peace and order* and preserve the comfort and convenience of their

L"C o# 1991

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$etion 17)*asi $ervies and +ailities

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$a% ocal government units shall endeavor to be self'reliant and shall continue e,ercising the powers and discharging the duties and functions currently vested upon them. )hey shall also discharge the functions and responsibilities of national a,enies and o##ies devolved to them -ursuant to this Code. ocal government units shall li(ewise e,ercise such other powers and discharge such other functions and responsibilities as are necessary* appropriate* or incidental to efficient and effective provisions of the basic services and facilities enumerated herein

(hat are the .elated $ervies

 $1% /or0arangay  $iii% Services and facilities related to general hygiene and sanitation* beautification* and solid waste collection2

 $3% /or a 4unicipality  $vi% Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation

.elated $ervies

 $% /or a #rovince  $iii% #ursuant to national policies and sub&ect to supervision* control and review of the "!7* enforcement of forestry laws limited to community' based forestry pro&ects* pollution control law* small'scale mining law* and other laws on the protection of the environment2 and mini' hydroelectric pro&ects for local purposes

.elated $ervies

8% /or a 9ity All the services and facilities of the municipality and province

L"C o# 1991

 $etion 2&) %uty o# /ational "overnment Aenies in the Maintenane o# Eoloial *alane  t shall be the duty of every national agency or government'owned or controlled corporation authori+ing or involved in the planning and implementation of any pro&ect or program that may cause pollution* climatic change* depletion of non'renewable resources* loss of crop land* rangeland* or forest cover* and e,tinction of animal or plant species* to consult with the local government units* nongovernmental organi+ations* and other sectors concerned and e,plain the goals and ob&ectives of the pro&ect or program* its impact upon the people and the community in terms of environmental or eoloial alane, andthe measures that will be underta(en to prevent or minimi+e the adverse effects thereof .

L"C o# 1991

 $etion 27) Prior Consultations .euired 

!o pro&ect or program shall be implemented by government authorities unless the consultations mentioned in Sections 3 $c% and 36 hereof are complied

with* and prior approval of thesanggunianconcerned is obtained #rovided* )hat occupants in areas where such pro&ects are to be implemented shall not be evicted unless appropriate relocation sites have been provided* in accordance with the provisions of the 9onstitution

:9 of 1;;1

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C2AP3E. !

.elations (ith Peo-le5s and /on'"overnmental 6r,aniations $etion 4) .ole o# Peo-le5s and /on',overnmental 6r,aniations -ocal government units shall .

promote the establishment and operation of people
L"C o# 1991

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$etion ) Lin:a,es with Peo-le5s and /on',overnmental 6r,aniations

 ocal government units may enter into &oint ventures and such other cooperative arrangements with people
L"C o# 1991

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$etion &) Assistane to Peo-le5s and /on',overnmental 6r,aniations

 A local government unit may* through its local chief e,ecutive and with the concurrence of thesanggunianconcerned* provide assistance* financial or otherwise* to such people
Loal 6##iials to !m-lement the Environmental Laws

 ocal 9hief ",ecutives $9"s%  ocal egislative 0odies $ #rovince* 9ity* 4unicipality and0arangay%

 "nvironmental and !atural 7esources =fficer of the :>s

Environmental .elated Laws

7A ?;83 $#hilippine 4ining Act of 1;;5% "!7 Administrative =rder !o. ;;'8 7A ?@?6 $#eoples Small Scale 4ining Act of% # 1B;; $"stablishing Small Scale 4ining as a new imension in 4ineral evelopment

Environmental Laws

7A ?5B6 $!ational ntegrated #rotected Areas System'!#AS%

7A B?1 $ndigenous #eoples 7ights Act% 7A B85 $Agriculture and /isheries 4oderni+ation Act'A/4A%

"= 36 $9ommunity'0ased /orest 4anagement%

Environmental Laws

 "= 8B1 $#romotion and evelopment of =rganic Agriculture in the #hilippines%

 # ?@5 $/orestry 7eform 9ode of the #hilippines%  # ?@1 $Amended Section 6 of # ?@5%  # 1151 $#hilippine "nvironmental #olicy%  # 1153 $#hilippine "nvironment 9ode%

Environmental Laws

 7A B88 $An Act to =rdain the Agricultural 7eform 9ode and to nstitute and 7eforms in the #hilippines%

 7A ?;@? $Amended 7A B88 or 9ode of Agrarian 7eform of the #hilippines%

 # 1@6? $ )he -ater 9ode of the #hilippines%  #15B6 $"nvironmental mpact Assessment%

Environmental Laws

 #roclamation !o. 3186 $#roclaiming certain areas and types of pro&ects as environmentally critical and within the scope of environmental impact statement system established under # 15B6%

 7A ?16@ $ocal :overnment 9ode of the #hilippines%

Environmental Laws

 7.A. B?8; $9lean Air Act of 1;;;%that moves for an effective air Cuality management program that will mitigate the worsening problem of air pollution in the country

 7.A. ;@@ $Solid -aste 4anagement Act of 3@@@% that aimed at providing a comprehensive solution to the countrys garbage problem

Environmental Laws

 7.A. ;3?5 $#hilippine 9lean -ater Act of 3@@8%that moves for a comprehensive water Cuality management scheme

 Administrative =rder 1?1 issued in 3@@? to create a #residential )as( /orce on 9limate 9hange $#)/99%.

Environmental Laws

 7.A. ;?3; $9limate 9hange Act of 3@@;% which aims to systematically integrate the concept of climate change in the policy formulation and development plans of all government agencies and units

Environmental Laws

 "X"9>)E" =7"7 ?;* Series of 3@13' nstitutionali+ing and mplementing 7eforms in the #hilippine 4ining Sector #roviding #olicies and :uidelines to "nsure "nvironmental #rotection and 7esponsible 4ining in the >tili+ation of 4ineral 7esource

!nternational Environmental Commitment

 Stoc(holm eclaration of the >nited !ations 9onference on the Fuman "nvironment2

 7io deGanieroeclaration on "nvironment and evelopment $Agenda 31%

 Eienna 9onvention on the #rotection of the =+one ayer

!nternational Environmental Commitment

 4ontreal #rotocol on Substances that eplete the =+one ayer2

 >nited !ations /ramewor( 9onvention on 9limate 9hange

 Hyoto #rotocol to :lobal 9limate 9hange 9onvention

!nternational Environmental Commitment

 Stoc(holm 9onvention on #ersistent =rganic #ollutants  0asel 9onvention on the 9ontrol of )rans boundary 4ovements of Fa+ardous -astes and their isposal

 9onvention on nternational )rade in "ndangered Species of -ild /lora and /auna