Prince E.

Cataylo
Laws on Natural Resources
Jan 9, 2013
Development of Wildlife and Forest Preservation
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. ( Sec. 16, Art. II, 1987 Philippine Constitution)
The above-mentioned constitutional provision was not present in the
1973 Constitution. Although there were legislative enactments that promote
wildlife, forest, and marine conservation before the 1987 Constitution, the
emphasis of these laws was the state-control over these resources with little
mechanism to conservation.

These laws purport more on optimized

utilization and production of natural resources, to wit:

WHEREAS, it is also imperative to place emphasis not only on the
utilization thereof but more so on the protection, rehabilitation and
development of forest lands, in order to ensure the continuity of their
productive condition;
WHEREAS, the present laws and regulations governing forest lands are
not responsive enough to support re-oriented government programs,
projects and efforts on the proper classification and delimitation of the
lands of the public domain, and the management, utilization,
protection, rehabilitation, and development of forest lands;
( Preamble of the Revised Foresty Code of 1975)
Aside from the economic purpose of the laws prior to the 1987 Philippine
Constitution, there was emphasis on state-control of the natural resources by
providing stringent limitations to private utilization. As observed, there was
no mention of the private individuals active involvement in the conservation
of natural resources, all conservation effort lies in the agencies of the
government.

However, laws subsequent to the 1987 Constitution diverged away

from the state-centered conservation effort; instead, the state invites private
corporations and individuals to participate in the conservation effort. Private
persons or enterprises are not only entitled to the utilization of natural
resources but they are duty-bound to actively preserve and rehabilitate the
natural resources. This is like the expression to the old adage, If you make
a mess, clean it up. The share of responsibility is expressed hereunder:
The State shall promote industrialization and full employment based
on sound agricultural development and agrarian reform, through
industries that make full and efficient use of human and natural
resources, and which are competitive in both domestic and foreign
markets. In pursuit of these goals, all sectors of the economy and
all regions of the country shall be given optimum opportunity
to

develop.

Private

enterprises,

including

corporations,

cooperatives, and similar collective organizations, shall be

encouraged to broaden the base of their ownership.
xxx
The state shall empower the agricultural and fisheries sector to
develop and sustain themselves. Toward this end,the State shall unsure
the development of the agriculture and fisheries sectors in accordance
with the following principles:
xxx
e) Sustainable

Development.

The

State

shall

promote

development that is compatible with the preservation of the

ecosystem in areas where agriculture and fisheries activities
are carried out. The State should exert care and judicious use of the
country's natural resources in order to attain long-term sustainability;
f) People Empowerment. - The State shall promote people
empowerment
participation

by
or

enabling

through

all

their

citizens
duly

through

elected,

direct

chosen

or

designated representatives the opportunity to participate in

policy formulation and decision-making by establishing the

appropriate

mechanisms

and

by

giving

them

access

to

information; and
(Sec. 2, Agriculture and Fisheries Modernization Act of 1997)
xxx
d) To encourage horizontal and vertical integration, consolidation and
expansion of agriculture and fisheries activities, group functions and
other

services

through

the

organization

of

cooperatives,

farmers' and fisherfolk's associations, corporations, nucleus

estates, and consolidated farms and to enable these entities to
benefit from economies of scale, afford them a stronger
negotiating

position,

pursue

more

focused,

efficient

and

appropriate research and development efforts and enable

them to hire professional managers;
e) To promote people empowerment by strengthening people's
organizations, cooperatives and NGO's and by establishing and
improving mechanisms and resources for their participation in
government decision-making and implementation;
(Sec. 3, Agriculture and Fisheries Modernization Act of 1997)
Indeed, the "National Integrated Protected Areas System Act of 1992" manifest the
intent of our lawmakers in involving

private organizations, corporations, and

individuals in the conservation effort:

It is hereby recognized that these areas, although distinct in features,
possess common ecological values that may be incorporated into a holistic
plan representative of our natural heritage; that effective administration
of this area is possible only through cooperation among national
government, local government and concerned private organizations;
that the use and enjoyment of these protected areas must be consistent with
the principles of biological diversity and sustainable development.
(Sec. 2)

What we have here is the change of approach in wildlife and forest

conservation, i.e., the shift from centralized state-control of resources to

active involvement of NGOs, private corporations, and individuals in the

conservation effort. Perhaps, the government found that active involvement
of citizens, most importantly those who exploit or utilize these resources,
educates them on the true value. It may be possible that those who were
permitted to utilize do not often rehabilitate the resources; neither, those
who were affected by the loss pursue their right. The passivity or apathy
results substantial loss since citizens were not directly involve in preserving
their interest and since those who profit were not affected by the loss. All
conservation effort done by agencies, prior to the 1987 Constitution, was
done after the exploitation or utilization. It was after Oposa v. Factoran that
lawmakers were enlightened that active involvement before or during
exploitation is effective in conserving our natural resources.