Review of Selected Environmental Laws in The Philippines
Review of Selected Environmental Laws in The Philippines
Review of Selected Environmental Laws in The Philippines
Environmental Laws 1
Robert T. Lavia
SN 2007-0101
Section EC1-1
I. Introduction
The Spaniards first introduced the Regalian Doctrine or jura regalia to the
Philippines through the Laws of the Indies and the Royal Cedulas, specifically
Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias 1.
Under the said doctrine, all lands not otherwise appearing to be clearly within
private ownership are presumed to belong to the State. Upon the Spanish
In its broad sense, the term jura regalia refers to royal rights, or those
rights which the King has by virtue of his prerogatives. In Spanish law, it refers to
a right which the sovereign has over anything in which a subject has a right of
property or propriedad3. Further, the doctrine extends not only to land but also to
all natural wealth that may be found in the bowels of the earth 4.
The 1935, 1973 and 1987 Constitutions adopted the Regalian doctrine
substituting, however, the State, in lieu of the King, as the owner of all lands and
waters of the public domain, as well as the rest of the natural resources found
below and above the Philippine territorial jurisdiction. Thus, the countrys
1
Edna Collado, et al v. Court of Appeals, et al, G. R. No. 107764 (October 4, 2002)
2
Id. p 21
3
La Bugal-Blaan Tribal Association v. Victor O. Ramos et al, G. R. No. 127882 (December 1, 2004)
4
Republic v. Court of Appeals, 160 SCRA 228 (1988)
Review of Phil. Environmental Laws 3
environmental laws are anchored primarily on the legitimate power of the state to
laws, the Philippine government, in addition to morals and good customs, takes
Twelve years after the landmark Rio Summit on the Environment and
sought to meet such challenges by, inter alia, enacting new laws on natural
institutions for ecological governance. In the last few years alone, various new
national laws have been enacted in the Philippines to deal with issues of
on how the legislature reacted by amending them or by introducing the new laws
to address said challenges. However, due to limited time and resources, this
laws currently being implemented and enforced in the country as well as the
Environmental Laws
Implementation
No. 2146)
291, s 1996)
Review of Phil. Environmental Laws 5
ARTICLE II
STATE POLICIES
SEC. 15. The State shall protect and promote the right to
SEC. 16. The State protects and advances the right of the
ARTICLE XII
productivity as the key to raising the quality of life for all, especially
the underprivileged.
reform, through industries that make full and efficient use of human
other natural resources are owned by the State. With the exception
years, renewable for not more than twenty-five years, and under
Citizens of the Philippines may lease not more than five hundred
such forest lands and national parks shall be conserved and may
being.
Review of Phil. Environmental Laws 10
this Article, a natural-born citizen of the Philippines who has lost its
825)
16. Toxic Substance and Hazardous and Nuclear Wastes Control Act of
17. Ecological Solid Waste Management Act of 2000 (R. A. No. 9003)
Review of Phil. Environmental Laws 12
18. The Agriculture and Fisheries Modernization Act of 1997 (R. A. No.
8435, as amended)
20. The Revised Forestry Code of the Philippines (P. D. No. 705)
concerning them
21. The Water Code of the Philippines (Pres. Decree No. 1067)
22. The National Water Resources Council (Pres. Decree No. 424)
program
all Filipinos
emission standards
No. 1160)
30. National Oil Pollution Operations Center Decree (Pres. Decree No.
602)
31. Act to punish the Dumping Into Any River of Refuse, Waste Matter
and Prescribing Penalty for Violation Hereof (Pres. Decree No. 296)
Providing the Council With the Power to Administer the Pasig River
35. National Integrated Protected Areas System Act of 1992 (R. A. No.
7586)
9147)
Philippines have long come under the centralized control of a single agency, from
and natural resource governance and a plethora of progressive laws have not
fully prevented conflicts between centre and periphery. In fact, the experience of
Review of Phil. Environmental Laws 16
the Philippines shows that while an empowered super-agency goes some way
easily wished away. Thus, greater vertical alignment of policies must be sought,
functions coalesced within a single agency has often been questioned thereby
indication that separate agencies would resolve the challenges in the Philippines,
which have more to do with insufficient power and resources being given to the
streamline and strengthen the governance system among the different bureaus
that make up the DENR and to bring the provincial governments more in line
5
Feliciano, Myrna S. (19992). Environmental Law in the Philippines: Instritute of Legal Studies, University
of the Philippines.
6
Executive Summary, Minerals Action Plan (MAP) A Roadmap for the Revitalization of the Mineral
Industry, at p. 4, website of Mines and Geosciences Bureau, DENR, at
http://www.mbg.gov.ph/map/map_executivesummary.pdf
Review of Phil. Environmental Laws 17
One of the most serious environmental issues relates to mining and its
efforts to promote and develop the mining industry. While others were awaiting
the solidification of ICC rights through the Indigenous Peoples Rights Act (IPRA)
of 1997, the Mining Act of 1995 was passed as part of an effort to promote
foreign investment in the Philippines. One key feature of the Mining Act is the
unless they were at least sixty-percent owned by Filipinos. The Mining Act
permits ventures that are one hundred percent foreign-owned. This change in
attractive investment destination for foreign corporations. Under the Mining Act,
foreign corporations were granted permits to carry out mining operations on land
occupied and used by ICCs7. In this regard, the DENRs Mines and Geo-
Sciences Bureau (MGB) the agency in charge of mining activities had in 2003
NMP subsequently came under heavy NGO criticism as it was meant to facilitate
the implementation of the Philippine Mining Act of 1995, which itself remains
7
Teddy Casio, Fast Forward; Another King of War, Business World, Mar. 5, 1999
Review of Phil. Environmental Laws 18
For instance, the Act has been criticized for failing to regulate the
unauthorized disposal of mine tailings into the sea. Instead, the Act merely
incurred. In addition, the Act allows companies to carry out mining activities in
Act also allows the endorsement of mining projects by any two of the local
government units (LGUs) instead of all levels of LGUs, making access easier for
domains. At the same time, the Mining Act and the NMP have been heavily
Orders (E.O.) Nos. 270 and 270A outlining a new National Policy Agenda on
Plan (MAP) is currently being prepared. These instruments are in line with the
seen to be critical in helping to boost the ailing Philippine economy. From the
nullifying certain provisions of the Mining Act. The government claims that the
Review of Phil. Environmental Laws 19
and resistance from the NGO community over the risks of massive environmental
and social repercussions arising from the governments pro-mining policy. In this
regard, the last word on the matter has not been heard, and a major debate has
now been ignited over the MAP and the governments advocacy of the mining
cause.
One of the more significant developments in recent months has been the
and prosecuting complaints against public officials who fail or refuse to properly
body of the legal profession), the Bars National Environmental Action Team
(NEAT) shall act as a conduit to receive and process any complaints for possible
and Prosecutors, comprising 17 lawyers from across the country, was duly
resources laws.
and natural resources laws. However, without a genuine commitment on the part
on natural resource management, there is a risk that the EO initiative will become
DENR administrators, there is the risk that it will end up as another layer of
government bureaucracy.
may be unrealistic, given the amount of time and expenses needed for such
recourse. The Office of the EO would do better to work with local governments,
is not spelled out under the terms of the EOs establishment, which is principally
investigative functions. Overall, public expectation for the Office of the EO is very
high, and it is hoped that it will possess real powers to begin enforcing the myriad
environmental laws which currently exist but remain largely unimplemented in the
Philippines.
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IV. Conclusion
The enactment of laws such as the Solid Waste Management Act, the Clean Air
Act, the National Integrated Protected Areas System Act, and the Clean Water
laws in the country, the present condition of the environment and natural
Filipinos especially the youth regarding the state of our environment and the
much needed protection thereof as embodied in these laws 10. There is also an
8
RP leads in environmental laws, By Rose O. Verzosa, Sun Star, July 27, 0006
9
Vital Legislative Achievements 1998-2000. Office of the Press Secretary. Bureau of Communications.
10
http://72.14.235.104/search?
q=cache:zttMLxkHlrsJ:www.senate.gov.ph/listdata/49904381!.pdf+environmental+laws+status+in+the+p
hilippines&hl=en&ct=clnk&cd=19&gl=ph
Review of Phil. Environmental Laws 22
nevertheless far from being sufficient. The legislature needs to address the
conflicts and gaps between and among the laws and sometimes even within
provisions of the laws themselves. Further, considering the age of some of these
laws, there is also the need to update some of its provision to make it abreast
with the modern times or to enact new laws to fill the gaps.
V. References
2002)
11
Hughes Marrissa Leigh (2000, October 1) Mining, Human Rights, Economic Development and
Environmental Law. Georgetown International Environmental Law Review.
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http://www.mbg.gov.ph/map/map_executivesummary.pdf
http://www.mbg.gov.ph/asomm/policy.htm
http://72.14.235.104/search?
q=cache:zttMLxkHlrsJ:www.senate.gov.ph/listdata/49904381!.pdf+environ
mental+laws+status+in+the+philippines&hl=en&ct=clnk&cd=19&gl=ph
Review of Phil. Environmental Laws 24
http://serp-p.pids.gov.ph/publications/bykeyword.phtml?
keyid=33&keyword=natural^20resources%20and%20environment
(December 1, 2004)
Verzosa, Rose O. (2006, July 27). RP Leads in Environmental Laws. Sun Star at
http://www.sunstar.com.ph/static/ceb/2006/07/27/news/rp.leads.in.environ
ment.laws..html
of Communications.
of Communications.