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Taming the Resource Curse Part 2

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Taming the Resource Curse: Understanding the Philippine Framework for Extraction; A presentation by Atty. Grizelda Mayo-Anda for the Seminar-Workshop and Media Fellowship on Covering the Extractive Industries: Digging Out Stories that Matter

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Taming the Resource Curse Part 2

  1. 1. Taming the Resource Curse: Understanding the Philippine Development Framework by: Atty. Grizelda Mayo-Anda Founding Executive Director Environmental Legal Assistance Center, Inc. (ELAC)
  2. 2. Policies on Governance • Constitution (Declaration of Policies and State Principles, Bill of Rights, Social Justice) • Philippine Development Plan (PDP) • Philippine Agenda 21 • Climate Change Act (CCA) • National Disaster Risk Reduction and Management Act (NDRRMA) • Philippine Environmental Impact Statement System (EIS, PD 1586)
  3. 3. Policies on Governance • Indigenous Peoples’ Rights Act (IPRA, RA 8371) • NIPAS (RA 7586) • Community-Based Forest Management Strategy (EO 263) • Local Government Code (LGC, RA 7160) • Strategic Environmental Plan for Palawan (RA 7611)
  4. 4. Policies on Conservation • Philippine Constitution (State Principles) • PD 705, Forestry Code, as amended by EO 277 and RA 7161 • RA 7586, National Integrated Protected Areas System (NIPAS) law • RA 7611, Strategic Environmental Plan for Palawan (SEP)
  5. 5. Policies on Conservation • RA 7160, Local Government Code • RA 9147, Wildlife Resources Conservation Act • Caves Resources Conservation law • EO 23 (Log Ban) • EO 26 (National Greening Program)
  6. 6. Policies on Social Justice and Benefit Sharing • IPRA law (RA 8371) • PD 705, Forestry Code and its amendments (eg. RA 7161); Tenure Instruments • LGC (RA 7160) • NIPAS law (RA 7586) • RA 9147 (Wildlife Act)
  7. 7. LEGAL FRAMEWORK SUPPORTS CLIMATE JUSTICE
  8. 8. • The Philippines has laws and policies on climate change, conserve biodiversity and protected areas and promote renewable energy. • The Climate Change Act of 2009 (Republic Act No. 9729) mentions climate justice as a basis for its principles and objectives. • National Climate Change Action Plan (NCCAP) for 2011 to 2028 provides for strategic priorities, outcomes and activities.
  9. 9. Strategic Priority • Ecosystem Resilience and Environmental Stability • a key activity: implementation of a moratorium on polluting and extractive industries in protected areas, key biodiversity areas and other environmentally critical areas.
  10. 10. Philippines’ Reliance on Coal Power • 17 coal-fired power plants (on-grid and off- grid) • 25 eyed for construction until 2020 • rapid increase of coal operating contracts (COCs) issued by the government (source: Philippine Movement for Climate Justice or PMCJ)
  11. 11. Coal ash in Toledo, Cebu from the coal power plant (PEJC photo)
  12. 12. ENFORCEMENT OF ENVIRONMENTAL RIGHTS IN THE PHILIPPINES
  13. 13. Institutions and Agencies • DENR – lead national agency mandated to look into environmental concerns • Special government agencies: Laguna Lake Development Authority, Pollution Adjudication Board, Land Transportation and Franchising Regulatory Board, Protected Area Management Boards, Palawan Council for Sustainable Development • Local Government Units
  14. 14. Enforcement of Environmental Rights • State power to grant licenses – Withholding licenses and/or registrations where the corporation has violated the environmental laws and failed to protect and care for the environment (Ysmael vs. Deputy Executive Secretary, Oct. 1990) • State power to issue restraining orders and/or injunctions (LLDA vs. CA, PAB vs. CA) • Heads or officers of corporations may be held criminally liable for negligence in their operations and violations of environmental laws (Mustang Lumber vs. CA)
  15. 15. Enforcement of Environmental Rights • Local government units may issue ordinances protecting the environment (furtherance of the right to a healthful ecology was sustained in Tano vs. Socrates, 1997, and Social Justice Society, et al. vs. Atienza, Jr., 2007) • Legislature’s enactment of laws to protect the environment, and regulate projects and activities of industries to protect the environment and promote health (Province of Rizal vs. Executive Secretary, 2005)
  16. 16. Philippine Ecosystems
  17. 17. Tanbarking refers to the removal of the bark (skin) of “ceriops tangal” mangroves. The bark (also called cascalotes) are smuggled to Zamboanga or Malaysia, powderized and then used for dyeing cloth.
  18. 18. PROTECTIVE RELIEFS AND REMEDIES
  19. 19. MENU OF OPTIONS • LEGAL REMEDIES – Supreme Court Rules on the Prosecution of Environmental Cases • POLICY REFORM – Local Legislation – National Legislation • ENGAGEMENTS and CONSTITUENCY BUILDING – Building partnerships with civil society (academe, religious, NGOs, POs) and private sector
  20. 20. Supreme Court’s Perspective • Rules of Procedure for Environmental Cases is a response to the long felt need for more specific rules that can sufficiently address the procedural concerns peculiar to environmental cases. • The Rules will serve as significant catalyst in support of sweeping and far-reaching reforms in environmental litigation and protection. • The Rules are landmark rules - the first of its kind in the world. • Primary constitutional basis: Article 2, Section 16 (the right to a healthful and balanced ecology) and Article 15 (the right to health)
  21. 21. Objectives 1. Protect and advance the constitutional right of the people to a balanced and healthful ecology 2. Provide a simple, speedy and inexpensive procedure for the enforcement of environmental rights and duties 3. Introduce and adopt innovations and best practices ensuring effective enforcement of remedies and redress for violations of environmental laws 4. Enable courts to monitor and exact compliance with orders and judgments in environmental cases
  22. 22. Highlights of the Rules (1)Citizen Suits (2)Consent Decree (3)Environmental Protection Order (4)Writ of Kalikasan (5)Writ of Continuing Mandamus (6)Strategic Lawsuits against Public Participation (SLAPP) (7)Precautionary Principle
  23. 23. BIODIVERSITY AND ENVIRONMENTAL SUSTAINABILITY
  24. 24. BIODIVERSITY Wealth of species, ecosystems and ecological processes that make our living planet what it is (Slide/Photo credit: Conservation International)
  25. 25. Direct Benefits • Food • Clothing • Shelter • Medicine • Commercial/industrial uses • Livelihood • Agriculture (Slide credit: Conservation International)
  26. 26. Indirect Benefits • Climate Regulation • Maintenance/stabilization of water functions • Soil protection and production • Recreational, scientific, educational, spiritual and aesthetic values (Slide credit: Conservation International)
  27. 27. (Source: Conservation International)
  28. 28. WHY IS PHILIPPINE BIODIVERSITY SO RICH? (Source: Conservation International)
  29. 29. GEOLOGIC PAST
  30. 30. AMPHIBIANS 101 species 82 species (78%) are endemic
  31. 31. At least 26 species AMPHIBIANS 31% endemics About 101 species PHILIPPINES 82% endemics PALAWAN
  32. 32. A B D C J E H IG F (A) Rana sanguinea, (B) Rana moellondorffi, (C) Bufo biporcatus (=philippinicus), (D) Cyclemys dentata, (E) Dogania subplana, (F) Dasia griffini, (G) Gecko gecko, (H) Calotes cristatellus (=Bronchocoela cristatella), (I) Gecko monarchus and (J) Draco volans
  33. 33. REPTILES 258 species 170 species (66%) are endemic
  34. 34. At least 66 species REPTILES 26% endemics About 258 species PHILIPPINES 66% endemicsPALAWAN
  35. 35. A C D B (A) Python reticulatus, (B) Boiga dendrophila multicincta, (C) Calamaria palawanensis (?), and (D) Gonyosoma oxycephala
  36. 36. 576 species 195 species(34%) are endemic BIRDS
  37. 37. BIRDS 268 species 576 species PHILIPPINES 195 (34%) endemics 70 threatenedPhil. endemics found in Palawan 24 Number of endemics found ONLY in Palawan 16 Number of threatened species found in Palawan 11 Number of threatened endemic species found in Palawan 8 PALAWAN
  38. 38. (A) Irena puella tweeddalei, (B) Orthotomus sericeus, (C) Cyornis lempreiri, (D)Prionochilus plateni, (E) Anthreptes malaccensis, (F) Ficedula hyperythra rara, (G) Hypothymis azurea azurea, (H) Arachnothera longirostra dilutior, (I) Copsychus niger, (J) Aplonis panayensis and (K) Pitta sordida palawanensis. A B DC G I FE H J K
  39. 39. 204 species MAMMALS 111 (54%) are endemic
  40. 40. MAMMALS 62 species 204 species PHILIPPINES PALAWAN 111(54%) endemics 50 threatened Phil. endemics found in Palawan 19 Number of endemics found ONLY in Palawan 16 Number of threatened species found in Palawan 7 Number of threatened endemic species found in Palawan 6
  41. 41. (A) Macroglossus minimus, (B)Cynopterus brachyotis, (C) Megaderma spasma, (D) Rhinolphus virgo, (E) Eonycteris spelaea, (F) Hylopetes nigripes, (G) Maxomys panglima adult male, (H) Rousettus amplexicaudatus, and (I) Maxomys panglima juvenile. A D C F E GH B I
  42. 42. PALAWAN: AN ISLAND ECOSYSTEM
  43. 43. Island Ecosystems • Unique, Fragile and Vulnerable • Distinction: – Evolution of flora and fauna has taken place in relative isolation – Endemism and rich biodiversity • Many remote islands have some of the most unique flora in the world; some have species of plants and animals that are not found anywhere else, which have evolved in a specialized way, sheltered from the fierce competition that species face on mainland. (http://www.eionet.europa.eu/gemet/concept)
  44. 44. • almost 1.5 million has. (land area) • pop. 1,000,000 (approx) • 53 % forest cover (PCSDS) •60+% live below the poverty line (PPDO; NSO) •30% of Philippines’ mangrove cover •40% of country’s coral reef cover •40% of Philippine endemics •2 World Heritage Sites (Tubbataha Reefs, PPSRNP) •Most Number of Protected Areas in the Philippines (17 PAs)
  45. 45. 15 lakes, 42 ponds, 44 waterfalls, 72 natural springs, 9 mineral springs, 28 principal rivers, 43 streams and 165 creeks which are potential sources of water for household and irrigation use
  46. 46. 604,765 hectares of forest (DENR, 2005)
  47. 47. 44,500 hectares of mangroves which have some 28 species of the total 31 species found in the country (CI, 2007)
  48. 48. Palawan as Island Ecosystem • “Palawan’s forests support a unique and highly diverse flora and fauna…Many of Palawan’s fauna are unique and are considered rare, threatened or endangered.” – With few botanical expeditions in the past, many botanists feel that there are more undiscovered species of plants. – Such diversity serve as basis for declaring Palawan as a “Game Refuge and Bird Sanctuary” in 1967, as Mangrove Reserve in 1981 and as part of UNESCO’s “Man and Biosphere Reserve”. • “Last Frontier” description signifies abundant and untapped resources, relatively unravaged by resource overexploitation. (Source: Strategic Environmental Plan for Palawan, Towards Sustainable Development, Prepared by the Palawan Integrated Area Development Project Office with the assistance of Hunting Technical Services Limited England in association with the Orient Integrated Development Consultants, Inc., Philippines and Sir Mac Donald and Partners, England)
  49. 49. Palawan as an Island Ecosystem • “Palawan is composed of a long main island lying in a northeast to southwest axis and surrounding it are clusters of lesser islands…..The main island has a tall steep mountain spine running down its length fringed by narrow coastal plans protected from storm waves by fringing coral reefs and mangrove swamps. Although seemingly lush and bountiful, the environment of Palawan is fragile and its topsoils are relatively thin, poor and prone to erosion.” (Source: Strategic Environmental Plan for Palawan, Towards Sustainable Development, Prepared by the Palawan Integrated Area Development Project Office with the assistance of Hunting Technical Services Limited England in association with the Orient Integrated Development Consultants, Inc., Philippines and Sir Mac Donald and Partners, England)
  50. 50. Island Ecosystem • Physiography and Soils – Landscape is dominated by mountain and foothills which cover about 940,450 gectares or 82% of the total area. – Foothill and mountain landscapes are characterized by soils of variable depth, more often quite deep, and with excessive external drainage and high erodibility. – Its steep topography will render wide areas prone to erosion should their forest cover be removed. – The narrow shape of the mainland and the smallness of surrounding islands, will mean that erosion on the upper slopes will immediately and directly silt the coastal areas (Source: Strategic Environmental Plan for Palawan, Towards Sustainable Development, Prepared by the Palawan Integrated Area Development Project Office with the assistance of Hunting Technical Services Limited England in association with the Orient Integrated Development Consultants, Inc., Philippines and Sir Mac Donald and Partners, England)
  51. 51. Zones under the Strategic Environmental Plan (SEP) for Palawan (RA 7611) (Environmentally Critical Areas Network or ECAN) Core Zone Multiple-Use Zone Restricted Use Area Controlled Use Area Buffer Zone Traditional Use Area Core Zone Transition/Buffer Area Sustainable/General Use Area Multiple use Zone Credit/Source: PCSD
  52. 52. Some Threats to our Biodiversity • Forest Destruction (logging, conversion to plantations and agriculture) • Depletion of marine resources (mangrove destruction, overfishing, illegal fishing) • Mining and Quarrying • Roads and other Large Infrastructure development • Oil exploration; utilization of coal and other fossil fuels for development of energy/power • Tourism development (island selling, land grabbing, illegal logging) • Wildlife hunting and smuggling
  53. 53. Massive Mangrove Tanbarking of ceriops tangal in Balabac, Southern Palawan
  54. 54. Landgrabbing issues, especially in ancestral domains
  55. 55. Photo: Marc Lehmann
  56. 56. Palm Oil
  57. 57. (Photo credit: Dante Da
  58. 58. (Photo credit: Dante Dalabajan)
  59. 59. (photo credit: Palawan NGO Network, Inc. or PNNI) “Ay Diyos Ko” road in Barangay Caruray, San Vicente
  60. 60. (Ulugan Bay Road Project)
  61. 61. (photo credit: Dempto Anda)
  62. 62. (photo credit: Dempto Anda)
  63. 63. (photo credit: Dempto Anda)
  64. 64. (photo credit: Dempto Anda)
  65. 65. (photo credit: Dempto Anda)
  66. 66. (photo credit: Dempto Anda)
  67. 67. (photo credit: Dempto Anda)
  68. 68. (photo credit: Dempto Anda)
  69. 69. (photo credit: Dempto Anda)
  70. 70. (photo credit: Dempto Anda)
  71. 71. (photo credit: Dempto Anda)
  72. 72. Fight against Coal Power
  73. 73. Semirara coal mining in Semirara Island, Antique (2010, Google)
  74. 74. RENEWABLE ENERGY AVAILABLE IN PALAWAN (slide credit: Bart Duff)
  75. 75. Run-of-River Hydropower instead of Coal vs. Run-of-River Hydropower Coal-fired Power Plant (slide credit: Bart Duff)
  76. 76. CORRUPTION: NATURAL WEALTH APPROPRIATION AND MISUSE THE MALAMPAYA CASE
  77. 77. Exploration (seabed mapping, seismic surveying, exploratory drilling) (photo credit: Jay Batongbacal)
  78. 78. • The Future – What? – Where? – When? – How? – Who? – Why? (Slide credit: Jay Batongbacal)
  79. 79. Malampaya Natural Gas Platform
  80. 80. The Malampaya Project • Philippine’s only natural gas offshore project • Natural gas fed to power generators produce max capacity of 3,000 MW, supplying over half of Luzon, the country’s largest region • Operated as Service Contract 38, led by Shell, Chevron, Philippine National Oil Company (PNOC) • Yields over P12 billion annually in royalty shares for the national government (In 2012 and 2013, royalty shares reached $1B or P40B annually)
  81. 81. Legal Framework on Natural Wealth Sharing • Local Government Code of Philippines provides 60-40 sharing on royalty between National Government (NG) and Local Government Units (LGU) • NG denies Palawan share (Camago natural gas field located 80 kilometers offshore Palawan) • Supreme Court still to rule on territorial jurisdiction issue
  82. 82. Shell Philippines Exploration (SPEX) Government Republic of the Philippines (GRP) Together with Invested 4.1 B USD Invested in oil rich shore of Palawan 40% 60% Palawan 40% GRP 60%
  83. 83. 60% 40% NATIONAL GOVERNMENT PALAWAN ELECTRIFICATION 80% LIVELIHOOD 20%
  84. 84. Sharing Agreement • Interim sharing scheme between NG and LGU not subjected to public scrutiny and transparency • Initial release of P3.9 billion to Palawan in 2008, exercised by key political leaders • Disposition of fund did not follow the general provision of law (80% must be spent in energy- related projects benefitting local populations) • Royalty fund become huge political pork barrel for powerful politicians
  85. 85. How Malampaya Was Misused • Political leaders determined projects and manipulated bidding rules to favor certain public works contractors • Ghost and overpriced projects • Favoritism of project contractors • Share spent by national government unaccounted for
  86. 86. “It is clear from the testimonies especially of Department of Public Works and Higways (DPWH) Secretary Singson during these hearings that there was massive corruption of Malampaya funds.” - Sen. Teofisto Guingona III Chair, Senate Blue Ribbon Committee January 2013
  87. 87. “Why most of these funds went to infrastructure projects instead of being used to alleviate the energy problem begs for an honest answer. Is it because this is where kickbacks are made?” - Bishop Pedro Arigo, testimony during the Senate Blue Ribbon Hearing, January 2013
  88. 88. Road Project Funded with $5M from Malampaya
  89. 89. Reclamation Project in N. Palawan ($12M+-)
  90. 90. Areas of Concern • Accountability of government agencies • Governance of natural wealth revenues (Transparency and Participation of Civil Society groups; Monitoring of Royalty Funds) • Gross abuse on established rules on government contracts
  91. 91. Civil Society Policy Advocacy • Full transparency through effective safety mechanisms • De-politization of royalty as “pork barrel” • Congressional oversight of royalty money; special law • Prosecution of criminal and administrative cases against officials behind Malampaya corruption
  92. 92. Insight • Our numerous laws have not prevented the continuing degradation of our natural resources…..and the overall degradation of the state of environment in the Philippines. • Weak environmental law enforcement is a continuing problem. • Governance is part of the problem.
  93. 93. ENVIRONMENTAL GOVERNANCE
  94. 94. Environmental Governance • Environmental governance comprises the rules, practice, policies, and institutions that shape how humans interact with the environment. (UNEP) • “Environmental governance means the role of government in managing the inter-relationships between the various subsystems in nature, such as those within and among different species and ecosystems, including the economic, social and cultural subsystems.” (former DENR Secretary Victor O. Ramos, 2001)
  95. 95. Framework • Environmental Governance = Environmental laws + Implementation mechanisms + Accountability regimes + Institutional Arrangements (Adopted from Scott Fulton, General Counsel of the United States Environmental Protection Agency, and Antonio Benjamin, Justice to the Supreme Court of Brazil, in their Working Draft on “Effective National Environmental Governance – A Key to Sustainable Development”)
  96. 96. Core Precepts as Basis for Effective Environmental Governance 1. Environmental laws should be clear, even handed and implementable. 2. Environmental information must be shared with the public. 3. Affected stakeholders should be afforded the opportunities to participate in environmental decision making. 4. Environmental decision makers, both public and private, should be accountable for their decisions.
  97. 97. Core Precepts as Basis for Effective Environmental Governance 5. Roles and lines of authority for environmental protection should be clear, coordinated and designed to produce efficient and non- duplicative program delivery. 6. Affected stakeholders should have access to fair and responsive dispute resolution procedures. 7. Graft and corruption in environmental program delivery must be actively prevented.
  98. 98. Synergy across stakeholders Government/State Community/Civil Society Industry/Private Sector Citizens/civil society can help in capacity building efforts; Support law enforcement efforts and accountability mechanisms. Private sector can provide technical assistance in developing green and clean technology. Government can strengthen multi- sectoral programs; give incentives and recognition to civil society and private sector. Civil society and industry can work towards developing best practices and standards. Guiding Principles on Business and Human Rights (Ruggie Principles)
  99. 99. Indicators of Sound Environmental Governance Transparency : Extent to which the general public has current, complete and reliable information about decisions and actions taken by a government unit or public agency Accountability: Answerability of state officials, public employees and private sector to their constituents for policies, actions and use of funds Participation: Degree that the general public, especially key stakeholders and marginalized groups have access and opportunities to influence the decision or action of a government or public agency
  100. 100. Transparency, Accountability and Participation (TAP) as indicators of Sound Environmental Governance Transparency: “The extent to which the general public has current, complete and reliable information about decisions and actions taken by a government unit or public agency”. Transparency in practice: Posting of plans/zoning maps, ordinances, and proceedings in public bulletin boards. Periodic publication of performance audit reports, financial statements, reports on license/permit issuances, results of transactions/bidding. IEC on local legislations enacted.
  101. 101. Accountability “The degree to which the officials and staff of a government unit or of an agency is held responsible for their decisions and actions and for the performance of their staff and offices….Answerability by state officials, public employees, and private sector to their constituents for policies, actions, and use of funds” Examples of accountability in practice: Clear definition of roles and responsibilities Holding periodic public expenditures review Clear sanctions and incentives Periodic conduct of performance audit Periodic assessment of policies
  102. 102. Participation “The degree that the general public, especially key stakeholders and marginalized groups have access and opportunities to influence the decision or action of a government or public agency. Examples of participatory decision-making in action:  Consensus-building; establishment of conflict resolution mechanisms.  Public consultations/hearings prior to decision-making/ legitimization of plans/issuance of ordinances  Multi-sectoral representation in committees, working groups, management councils, enforcement groups.  Participatory Monitoring and Evaluation (M & E); community feedback system.
  103. 103. KEY PROVISIONS OF LGC, RA 7160
  104. 104. LOCAL GOVERNMENT CODE –Concretizes the constitutional policy on government decentralization and democratization –Provides for the devolution of some environmental and natural resource management functions from the Department of Environment and Natural Resources (DENR) to the Local Government Units (LGUs) –In the area of coastal resource management, the LGC gives primary management responsibilities to local government units. –Introduction of consultation mechanism in governance (Sections 2[c], 26 and 27, LGC)
  105. 105. Local Government Code Section 2. xxx (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. xxx
  106. 106. Local Government Code Section 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. - It shall be the duty of every national agency or government-owned or - controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof.
  107. 107. Local Government Code Section 27. Prior Consultations Required.- No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.
  108. 108. Local Government Code – Greater fiscal autonomy through various powers to levy certain taxes, fees or charges – People’s direct participation in the planning and implementation of resource management plans – Obliges national agencies or government-owned or controlled corporations to consult with the local government units, non-governmental organizations and other sectors concerned – Tano, et al. vs. Socrates, et al. (GR 110249, Aug 21, 1997) – emphasized the general welfare clause of the LGC
  109. 109. Local Government Code “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, 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. Within their respective territorial jurisdictions, 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 justice, promote full employment among their residents, maintain peace and order and preserve the comfort and convenience of their inhabitants.” (Section 16, RA 7160)
  110. 110. Police Power of LGUs • Police power is the power to prescribe regulations to promote health, morals, peace, education, good, order or safety and general welfare of the people. The police power of a municipal corporation is broad. • “It extends to all the great public needs, and, in a broad sense, includes all legislation and almost every function of the municipal government. It covers a wide scope of subjects, and, while it is especially occupied with whatever affects the peace, security, health, morals and general welfare of the community, it is not limited thereto, but is broadened to deal with conditions which exists so as to bring out of them the greatest welfare of the people by promoting public convenience or general prosperity.” (Binay vs. Domingo, 204 SCRA 508, 1991)
  111. 111. Enforcement of Environmental Rights • Local government units may issue ordinances protecting the environment (furtherance of the right to a healthful ecology was sustained in Tano vs. Socrates, 1997, and Social Justice Society, et al. vs. Atienza, Jr., 2007) • Legislature’s enactment of laws to protect the environment, and regulate projects and activities of industries to protect the environment and promote health (Province of Rizal vs. Executive Secretary, 2005)
  112. 112. Mandate of Local Officials • Local Government Code (RA 7160) – Policy Making and Regulation – Environmental Protection and Conservation – Land and Resource Use – Enforcement – Education and Mobilization • PD 1160 (Deputization of Barangay Officials as Pollution Control and Environmental Protection Officers)
  113. 113. COASTAL AND FISHERIES RESOURCE MANAGEMENT
  114. 114. Coastal Zone (source: CRMP, USAID)
  115. 115. National legal framework • LGU has primary jurisdiction in the management, conservation, utilization, protection, development, and disposition over fishery and aquatic resources (Amended Fisheries Code) • LGUs are empowered to enact appropriate local ordinances for these purposes, and enforce all fishery laws and regulations within the municipal waters (RA 7160)
  116. 116. FOREST MANAGEMENT; FOREST LAND USE PLANNING
  117. 117. Devolved Functions to LGUs MUNICIPALITY • Implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometres; establishment of tree parks, greenbelts, and similar forest development projects (Section 17[2], LGC)
  118. 118. Devolved Functions to LGUs PROVINCE • Enforcement of forestry laws limited to community-based forestry projects, pollution control law, small-scale mining law, and other laws on the protection of the environment; and mini-hydroelectric projects for local purposes (Section 17[3], LGC)
  119. 119. Forests and forestlands (FFL) as LGU assets • Headwaters of watersheds • Source of livelihood for upland settlers • Source of raw materials for forest-based industries • Provide the genetic pool for advancement of medicine and agriculture • Major role in reducing adverse impacts of climate change hazards
  120. 120. GOOD PRACTICE ON ENVIRONMENTAL GOVERNANCE GOVERNANCE-ORIENTED WATERSHED ESTABLISHMENT (slide credit: Bien Dolom, USAID consultant)
  121. 121. TAP Practices during Watershed Establishment Step TAP Practices 1. Data and Map Collection o Community orientation on PA objectives and activities (T, P) o Stakeholder analysis (P) o Multisectoral participation (P) o Due diligence in sourcing maps/data (A) o Proper documentationof data/info sources (A) o Community validation of data and maps (T, P) 2. SituationalAnalysis o Multisectoral participation (P) o Joint analysis of data and issues (T, P) o Community validation of findings (T, P)
  122. 122. TAP Practices during PA Establishment Step TAP Practices 3. Participatory Planning o Multisectoral participation (P) o Consensus buildingon criteria (T, A, P) o Joint analysis of data (T, P) oCommunity validation of proposals (T, P) 4. Plan Preparation o Inclusion in the plan of: clearly defined organizational responsibilities (LGU, DENR, NCIP, IP communities, migrant farmers, others); IEC support; multi-sectoral participation in policy formulation, planning, monitoring and enforcement (T, A, P), etc. o Inclusion of implementation action plan and budget requirements (A) 5. Legitimization o Public hearings (T, P) o Discussions on the plan at SB (T, P) o SB Resolution committing to include budget in investment plan (A) o IEC on legitimized plan (T)
  123. 123. (Photo by Philippine Tropical Forest Conservation Foundation or PTFCF)
  124. 124. (Photo by Philippine Tropical Forest Conservation Foundation or PTFCF)
  125. 125. (Photo by Philippine Tropical Forest Conservation Foundation or PTFCF)
  126. 126. Protecting our Environment and Conserving our Natural Resources is a Responsibility. “Only when the last tree has died, the last river has been poisoned and the last fish has been caught, only then will man realize that money cannot be eaten” --- from a native Indian (photo credit: Conservation International)

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