Environmental Laws and

Protection.
4 ENVIRONMENTAL CONCEPTS AND
PRINCIPLES
Natural environment – encompasses all living and non-living
things occurring naturally, meaning in this case not artificial.

Ecosystem – is the basic functional unit of nature. It is the

interaction of the community (living components) and the non-
living environment.

Forest Ecosystems – is a community of trees, shrubs, herbs,

microorganisms and animals, the trees being the most obvious
living structure.
Freshwater and Wetlands – Areas of marsh, fen, peat
land, or water, whether natural or artificial, permanent
or temporary, with water that is static or flowing, fresh,
brackish, or salt, including areas of marine water, the
depth does not exceed six meters.
 Status and trends of biodiversity
• The Philippines is one of 18 mega-biodiverse countries of the world, containing two-
thirds of the earth's biodiversity and between 70% and 80% of the world's plant and
animal species.

• The Philippines ranks fifth in the number of plant species and fourth in bird
endemism.

• The Philippines is one of the world's biodiversity Hotspots with at least 700
threatened species

• In 2004, threatened faunal species includes 42 species of land mammals, 127

species of birds, 24 species of reptiles and 14 species of amphibians.

• Threatened 99 plant species, 187 were endangered, 176 vulnerable as well as 64

other threatened species.
Economic and Social Problems Affecting Environment

• high population growth

• unequal distribution of wealth
• poor performance of the agriculture sector.
• Corruption
• Poverty
• Unemployment
6 Basic Rights in Relation to
Environmental Justice
1. Sovereignty Over Natural Resources and the Obligation Net to Cause
Harm - gives the State the right to the utilization and benefits over the resources
within its territory: It includes the right of the states to be free from external
interference.

2. Principle of Prevention - The Principle of Prevention aims to stop

environmental damage even before it occurs or when it is critical and potential
damage may already be irreversible.

3. Precautionary Principle - This principle advocates that the potential harm

should be addressed even with minimal predictability at hand. It is designed to
provide the basis for early international legal action to address serious
environmental threats in cases where there is ongoing scientific uncertainty with
regard to the causes of these threats.
4. Sustainable Development – the process of developing land,
cities, businesses, communities, and so forth that "meets the
needs of the present without compromising the ability of future
generations to meet their own needs”.

5. Intergenerational Equity – supports the Principle of

Sustainable Development with respect to holding the natural
resources in trust for future generations. It is defined as "each
generation's responsibility to leave an inheritance of wealth no less
than what they themselves have inherited.

6. Rights-based Approach – the right of persons to

environmental protection has the same level as basic human
rights.
The Seven Environmental Principles
1. Everything is connected to everything else
2. All forms of life are important - thus, the need for biodiversity: All
organisms have a role in the ecosystem
3. Everything must go somewhere - too much can cause pollution
4. Ours is a finite earth - the need for conservation
5. Nature knows best - the need for ecological technology: Nature must
be obeyed first before it can be commanded:
6. Nature is beautiful and we are stewards of God's creation. Divinity in
all forms of life. Religion is one of the most influential aspects that affect
values and environment.
7. Everything changes.
Linear change – evolution of species

Cyclical Change – influenced by time such as

seasons

Random Change – eruption of Mt Pinatubo

International Union for the
Conservation of Nature (IUCN)
International Union for the Conservation of Nature (IUCN)

• IUCN was established in 1948. It was initially called the International

Union for the Protection of Nature and Natural Resources (1948-1956)
and has also been known as the World Conservation Union (1990-
2008).

• This is an international organization working in the field of nature

conservation and sustainable use of natural resources.

• Its headquarters are in Gland, Switzerland

Classification of Environmental Laws
Classification of Environmental Laws

Green Laws – are those that deal with the protection, conservation, utilization and
development of forests, other land-based natural resources, and wildlife.

Blue Laws – refer to laws which deal with the protection, conservation and
utilization of waters, marine life, and aquatic resources. Blue laws encompass both
inland waters such as rivers, lakes, and streams, and the seas and oceans, whether
part of the country's territory or not.

Brown Laws – refer to laws and rules which deal with pollution control and the
regulation of activities which could affect the environment. These laws and rules
include those which control hazardous and toxic wastes and chemicals, solid waste
management, and rules on the conduct of environmental impact assessments.
 Green Laws
Green Laws

• Presidential Decree 705 - Revised Forestry Code

• Republic Act 9175 - Chain Saw Act of 2002

• Republic Act 9147 - Wildlife Resources Conservation and Protection Act

• Republic Act 7586 - National Integrated Protected Areas

System (NIPAS) Act

• Republic Act No. 7942 - Mining Act of 1995

• Republic Act No. 7076 - People's Small-Scale Mining Act.

GREEN LAWS Most Common Violations
under RA 9175 and PD 705
GREEN LAWS Most Common Violations under RA 9175 and PD 705.

• Illegal logging (Section 77, PD No.705) - This is the cutting, gathering,

or collecting timber or other forest products without the necessary permit
from the government.

• Unlawful occupation or destruction of forest and grazing

lands(Section 78, PD No. 705) - a person unlawfully or illegally enters,
stays, and occupies forest or grazing land, or destroys the same. The
usual violators are the Kaingeros the slash and burn farmers. This can
also be violated through illegal mining and illegal forest settling.
• Dipterocarp forest - dominated by trees of the dipterocarp
species, such as red lauan, tengile, tiaong, white lauan, almen,
bagtikan and mayapis.

• Alienable and disposable lands - refer to those lands of the

public domain which have been the subject of the present system
of classification and declared as not needed for forest purposes.

• Forest lands - include the public forest, the permanent forest or

forest reserves, and forest reservations.

• Grazing lands are lands where grass or grass-like vegetation

grows and is the dominant form of plant life, and are used
mainly for animal production.
 Points to consider
• Trees on private lands: There is no cutting permit required for ordinary
species (DMC# 97-23 & DMC# 99-20. Sec. 2). Ordinary species are
species which are not premium/endemic hardwoods.

• up to 10 trees may be cut within a private property without a permit:

DENR approval is required if more than 10 trees are involved.

• Civil Code of the Philippines that states: "Article 680. If the branches
of any tree should extend over a neighboring estate, tenement,
garden or yard, the owner of the latter shall have the right to demand
that they be cut off insofar as they may spread ever his property, and,
if it be the roots of a neighboring tree which should penetrate into the
land of another, the latter may cut them off himself within his property."
 Green Laws
• Actual Unlawful Use of Chain Saw. - Any person who is found
to be in possession of a chain saw and uses the same to cut
trees and timber in forest land or elsewhere except as authorized
by the Department shall be penalized with imprisonment of six (6)
years and one (1) day to eight (8) years or a fine of not less than
Thirty thousand pesos (P30,000.00) but not more than Fifty
thousand pesos (P50,000.00).

• The chain saw unlawfully used shall be likewise confiscated in

favor of the government.
Persons Authorized to Possess and Use
a Chain Saw
(a) with timber license agreement - A long-term license executed between the Secretary of
the DENR and the grantee for the harvesting and removal from the public forest of timber and,
in appropriate cases, also of other forest products.

(b) is an orchard and fruit tree farmer - An orchard is an intentional plantation of trees or
shrubs that is maintained for feed production.

(c) industrial tree farmer - a person who plants and harvests trees for
commercialization.

(d) is a licensed wood processer and the chain saw shall be used for the cutting of timber that
has been legally sold

(e) shall use the chain saw for a legal purpose.

Green Laws

RA 9147: The Wildlife Conservation Act

- This is the primary law governing the protection of
wildlife and their habitats. The law covers all wildlife
species found in all areas of the country, including
protected areas and critical habitats. It shall also
apply to exotic species which are subject to trade,
are cultured, maintained, and/or bred in captivity or
propagated in the country.
Most Common Violations under
RA 9147
1. Killing and destroying wildlife species (Section 27[a]) -
inflicting injury which cripples and/or impairs the reproductive
system of wildlife species(Section 27[b]), gathering or destroying
active nests, nest trees, and host plants(Section 27[g]); and
maltreating and inflicting other injuries (Section 27[h]).

2. Trading(Section 27[e]) and collecting, hunting, or possessing

- this refers to the acts of selling or buying, collecting, hunting, or
possessing wildlife species.
3. Committing certain acts in critical habitats
(Section 27[c]) - This takes place when one of the
following is committed in a declared critical habitat: 1)
dumping of waste products detrimental to wildlife; 2)
occupying any portion of the habitat; 3) mineral
exploration and extraction; 4) burning; 5) logging; and 6)
quarrying.

4. Transporting of wildlife (Section 27[i]) - This is

committed when wildlife species are transported without
the necessary permits, papers, and documentation from
the DENR.
 Exemptions:
• religious ritual;

• the animal is afflicted with an incurable communicable disease;

• necessary to end misery of the wildlife;

• done to prevent imminent danger to the life or limb of a human

being; or

• killed or destroyed after it has been used in authorized research or

experiment.
Green Laws
Note: Wildlife may be destroyed, killed, consumed, eaten or
otherwise disposed of, without the necessity permit, for the
protection of life, health, safety and property, and the
convenience of the people.

Gratuitous permit - means permit issued to any individual or

entity engaged in noncommercial scientific, or educational
undertaking to collect wildlife;
Green Laws
RA 7586: National Integrated Protected Areas System (NIPAS)
Act - serves as the basis for the classification and administration
of all designated protected areas to maintain essential ecological
processes and life support systems, to preserve genetic diversity,
to ensure sustainable use of resources found therein, and to
maintain their natural conditions to the greatest extent possible.

Republic Act No. 11038 amended Republic Act No. 7586.

Establishment of 94 protected areas classified as National.
Known as ENIPAS law.
Kinds of Protected Areas (Section 3, RA
No. 7586)
1. Strict nature reserve;

2. Natural park;

3. Natural monument - relatively small area focused on protection

of small features to protect or preserve nationally significant
natural features on account of their special interest or unique
characteristics;

4. Wildlife sanctuary;
5. Protected landscapes and seascapes;

6. Resource reserve;

7. Natural biotic areas - is an area set aside to allow the way of life
of societies living in harmony with the environment to adapt to
modern technology at their pace; and

8. Other categories established by law, conventions or international

agreements which the Philippine Government is a signatory.
Most Common Violations under
NIPAS Law
• Hunting, destroying, disturbing, or mere
possession of plants or animals without permits
issued by the Protected Area Management Board
(PAMB).

• Dumping of waste products (Section 20[b]),

destroying objects of natural beauty or of interest
to cultural communities, leaving refuse and debris
Green laws
Philippine Mining Act of 1995 and the People's Small-Scale Mining
Act

The laws that primarily govern mining activities in the Philippines.

Large-scale mining operations - or these dene with the use of heavy

equipment and machineries, are primarily under the control and
supervision of the DENR and the Mines and Geosciences Bureau (MGB).

Small scale mining - these done with small or artisanal tools, is

generally regulated and under the supervision of the DENR and the local
government units (LGUs), through the specific Provincial/City Mining
Regulatory Boards (P/CMRBS).
Common Violation under the Mining
Laws
Causing pollution by willfully violating or grossly neglecting the
Environmental Compliance Certificate (ECC)(Section 108, RA No.
7942)

• Accomplishment of environmental impact assessment (EIA),

environmental impact statement (EIS) - will identify potential impacts of
mining in a given area, identify how the operation will be done, propose
mitigation measures, and provide for a rehabilitation and restoration plan.

• An ECC is then issued if the mining company complies with the

requirements of the EIS process:
 BLUE LAWS

• Republic Act 8550 - The Philippine Fisheries Code of

1998 amended by REPUBLIC ACT NO. 10654

• Republic Act 4850 - Laguna Lake Development

Authority (LLDA) Act
 Most Common Violations Under The
Philippine Fisheries Code
1. Poaching (Section 87) - This is simply the fishing by foreigners
or by a foreign vessel within Philippine waters or Philippine territory.
The law only allows Filipinos to use and benefit from the marine
resources of the country.

Philippine Waters - include all bodies of water within the Philippine

territory such as lakes, rivers, streams, creeks, etc. The Philippines
has sovereignty and jurisdiction including the 200-nautical miles
Exclusive Economic Zone and the continental shelf.
2. Fishing through illegal means - this is done through any of
the following:

• use or possession of explosives, noxious and poisonous

substances, and electricity

• use of fine mesh net except for certain species (Section 89);

• use of active fishing gear

• fishing with gear or method that destroys coral reefs and
other marine habitats, such as muro-ami

• use of superlight (Section 93).

Superlight - also called magic light, refers to a type of

light using halogen or metal halide bulb which may be
located above the sea surface or submerged in the water.
The source of energy comes from a generator, battery or
dynamo coupled with the main engine.
3. Fishing in prohibited and restricted areas - This type of
violation can be any one of the following:

• commercial fishing in overexploited areas (Section 86);

• fishing in overfished areas and during closed season(Section 95);

• fishing in areas declared as fishery reserves, refuges, and

sanctuaries(Section 96);

• violation of catch ceilings (Section 101).

4. Illegal gathering, possessing, catching, and selling of
certain marine species - The violations covered here are the
following:

• gathering, sale or export of precious and semi-precious

corals(Section 91);

• gathering, selling, or exporting white sand, silica, pebbles, and

other substances of the marine habitat(Section 92);

• fishing of rare, threatened, and endangered species(Section 97).

5. Aquatic Pollution (Section 102) - the introduction by human or
machine, of substances to the aquatic environment which result to
deleterious effects as to harm the marine environment and human
health.

6. Construction and operation of fish pens without a

license/permit and obstruction to navigation or flow and ebb
of tide in any stream, river, lake, or bay - These two forms of
violations can directly or indirectly cause pollution of waterways,
siltation, and flooding. The natural flow of the rivers and other
bodies of water needs to be maintained in order to ensure the
continued ecological balance of the same.
Note: The discovery of any person in possession of a fishing
gear or operating a fishing vessel in a fishing area where he
has no license or permit shall constitute & prima facie
presumption that the person is engaged in unauthorized
fishing:

Provided, That fishing for daily food sustenance or for

leisure which is not for commercial, occupation or
livelihood purposes may be allowed.