Actions of the Government

The government of the Philippines are making advancement towards the protection of

biodiversity in the country specifically the protection of the environment. In general, there are

numerous measurements that our government are currently taking. The Supreme Court designated

different kinds of courts to manage environmental cases, it is under the administrative order No.

23-2008. There are 84 Regional Trial Courts and 33 Metropolitan and Municipal Courts which

will try, hear and designate environmental cases1.

There many existing international conventions and treaties to which the Philippines are

currently part of, which has the primary objective of protecting the environment. Example of which

is the Convention on Biological Diversity, which has the aimed of conserving biological diversity.

The Convention on Biological Diversity (CBD) is a comprehensive, binding agreement covering

the use and conservation of biodiversity. The Convention has 3 main goals: the conservation of

biological diversity, the sustainable use of its components, and the fair and equitable sharing of

the benefits from the use of genetic resources.2

Laws are created to conserve and protect the environment. There are multiple

environmental laws that are being enforced for the protection of the environment. One of which is

the Republic Act 9147 or the Wildlife Resources Conservation and Protection Act. It is an act

providing for the conservation and protection of wildlife resources and their habitats, appropriating

funds therefor and for other purposes. It aims to conserve and protect wildlife species and their

habitats to promote ecological balance and enhance biological diversity, to regulate the collection

1
http://www.law.pace.edu/sites/default/files/IJIEA/primary_sources/Philippines_AONo23-
2008_Designation_of_Special_Courts.pdf
2
http://wwf.panda.org/what_we_do/how_we_work/policy/conventions/cbd/
and trade of wildlife, to pursue, with due regard to the national interest, the Philippine commitment

to international conventions, protection of wildlife and their habitats; and to initiate or support

scientific studies on the conservation of biological diversity.3

With the existence of principles and policies about environment like the rules and

procedure for Environmental Cases, the protection of the environment by the government is being

assured. The Supreme Court promulgated this to protect and advance the constitutional right of

the people to a balanced and healthful ecology, to provide a simplified, speedy and inexpensive

procedure for the enforcement of environmental rights and duties recognized under the

Constitution, existing laws, rules and regulations, and international agreements, to introduce and

adopt innovations and best practices ensuring the effective enforcement of remedies and redress

for violation of environmental laws; and to enable the courts to monitor and exact compliance with

orders and judgments in environmental cases.4

In relation to measurements that the government is taking towards the protection of forests

against illegal activities. We have gathered 3 rules and policies that has the objective of conserving

the forest. These are the Presidential Decree No. 705 or the Revised Forestry Code, Executive

Order No. 23 and the DENR Administrative Order No. 97-32.

(1) In the provision found in the P.D. 705 or Revised Forestry Code

Section 2 - Policies

The State hereby adopts the following policies:

3
http://www.gov.ph/2001/07/30/republic-act-no-9417/
4
http://www.lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html
 a. The multiple uses of forest lands shall be oriented to the development and progress

requirements of the country, the advancement of science and technology, and the public

welfare;

b. Land classification and survey shall be systematized and hastened;

c. The establishment of wood-processing plants shall be encouraged and rationalized; and

d. The protection, development and rehabilitation of forest lands shall be emphasized so

as to ensure their continuity in productive condition.5

(2) Executive Order No. 23

DECLARING A MORATORIUM ON THE CUTTING AND HARVESTING OF

TIMBER IN THE NATURAL AND RESIDUAL FORESTS AND CREATING THE

ANTI-ILLEGAL LOGGING TASK FORCE

WHEREAS, the entire country has been a witness to the ever-changing climatic conditions

brought about by the La Nia phenomenon;

WHEREAS, the destructive effects of the phenomenon on the environment are apparent in

many regions in the country and it is an accepted fact that the effects are worsened due to

the continuous denudation of the forest zones;

WHEREAS, the watersheds and the river systems supporting existing or proposed

hydroelectric power facilities, irrigation works or existing water facilities are in need of

immediate protection and rehabilitation;

5
http://www.chanrobles.com/pd705.htm#.V8MpaU0rLIU
 WHEREAS, it is the obligation of the State to protect the remaining forest cover areas of

the country not only to prevent flash floods and hazardous flooding but also to preserve

biodiversity, protect threatened habitats and sanctuaries of endangered and rare species,

and allow natural regeneration of residual forests and development of plantation forests;

WHEREAS, it is imperative to arrest the degradation, pollution and contamination of the

river and water systems and to stem the wanton destruction of the forest resources;

WHEREAS, Article XII, Sec. 2 of the 1987 Philippine Constitutional provides that the

exploration, development, and utilization of natural resources shall be under the full control

and supervision of the State.6

(3) DENR Administrative Order No. 97-32

1997 Rules for the Administrative Adjudication of Illegal Forest Products and the

Machinery, Equipment, Tools and Conveyances Used in Connection Therewith7

The DAO No. 97-32, deals with the apprehension, seizure, confiscation, and disposition of

illegally possessed, cut, gathered, removed, or transported forest products8 done by any individual

or group of individuals.

Proceeding to the actions done by the local government unit with the cooperation of the

Department of Environment and Natural Resources Cordillera Administrative Region (DENR-

CAR) with the recent illegal logging in Brgy. Balintaugan Bauko Town, Mt. Province on May 14,

2016. According to Community Environment and Natural Resources Office (CENRO) officer of

6
http://www.gov.ph/2011/02/01/executive-order-no-23-s-2011/
7
http://policy.denr.gov.ph/1997/FOR_DAO-97-32.pdf
8
Ibid.
Bauko Town, Mt. Province, Christopher Bosaing. They are conducting activities like field patrol

works within the community. Particularly as to the most important thing in maintaining the forest

within the area, the presence of habitat and the ecosystem. Aside from that, they have check points

that covers all those identified hotspots of illegal logging.

The actions being taken with 5 hectares harvested by the illegal loggers is being

rehabilitated and protected from fire whether man-made or from natural occurrences and from

agents of extraction to help the degraded trees to replenish and regenerate itself.

As for the confiscated apprehended Benguet Pine or different forest products, if proven to

be legally taken, the confiscated products will be returned to them, however, if proven to be

illegally taken, there can be two options: it can be for auction another is for donation. According

to the Provincial Environment and Natural Resources Officer (PENRO) of Mt. Province, Octavio

Cuanso, they follow procedures on how to dispose confiscated forest products which is contained

under DENR Administrative Order No. 97-32, section 49. Also, in Executive Order 23 section 2.7,

states that confiscated timbers will be donated to schools for use of furniture like chairs, armchairs

and tables10. According to DENR-CAR they have donated the confiscated timbers to various

schools because they need these forest products in order to improve their need for chairs and tables.

As for the requirements for donations, they must be unfunded projects with no financial allocations

or allotment for the purpose of lumber needs.

9
SECTION 4. General Requirements for Summary Administrative Apprehension, Seizure and Confiscation.
http://policy.denr.gov.ph/1997/FOR_DAO-97-32.pdf
10
Section 2.7 The Department of Education shall be given priority in the use of all confiscated logs.
http://www.gov.ph/2011/02/01/executive-order-no-23-s-2011/
 According to the PENR Officer, Octavio Cuanso, the paramount statement to consider to

avoid the occurrence of another case of illegal logging in Bauko Town, Mt. Province is the

strengthening of the anti-illegal logging task forces.

The B+WISER Program contributes to achieving the goals of improving natural and

environmental resource management in the Philippines. It was designed by the DENR with the

United States Agency for International Development (USAID).

B+WISER aims to: 1) Conserve biodiversity in forest areas; 2) Reduce forest

degradation in targeted priority watersheds; 3) Build capacity to conserve biodiversity,

manage forests, and support low emissions development; and, 4) Contribute to disaster risk

reduction at the subnational level.

B+WISER expects to deliver the following by 2017: 1) Improve management of

780,000 hectares of forests/watersheds; 2) Place 78,000 hectares of forests under forest

restoration initiatives; 3) Reduce/sequester 5.34 million metric tons of greenhouse gas

(measured in CO2 equivalent); and 4) Leverage $5 million from public-private

partnerships.11

Forest officers use gadgets to conduct a patrol which will be administered and check by

regional secretary if the patrol is being carried out. With the use of this technology, probable forest

degradation will be discovered. With the new Innovations in DENR, the department is confident

that illegal logging will be put to stop for good.

11
http://forestry.denr.gov.ph/b+wiser/archive2.php
 Consequently, there are also measurements taken by the government to protect the people.

Two of these are the writ of kalikasan and the Indigenous Peoples Rights Act 1997 or the R.A.

8371.

The Rule 7 in the Rules and procedures on Environmental Cases is the writ of kalikasan.

The Philippines is the only country in the world to have the writ of kalikasan, and is "proudly

Philippine-made".

The writ is a remedy available to a natural or juridical person, entity authorized by

law, peoples organization, non-governmental organization, or any public interest group

accredited by or registered with any government agency, on behalf of persons whose

constitutional right to a balanced and healthful ecology is violated, or threatened with

violation by an unlawful act or omission of a public official or employee, or private

individual or entity, involving environmental damage of such magnitude as to prejudice

the life, health or property of inhabitants in two or more cities or provinces.12

The IPRA law is an act that recognize, protect and promote the rights of indigenous cultural

communities/indigenous peoples, creating a national commission on indigenous peoples,

establishing implementing mechanisms, appropriating funds therefor, and for other purposes.

SECTION 2. Declaration of State Policies. The State shall recognize and

promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)

hereunder enumerated within the framework of the Constitution:

12
http://www.lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html
 a. The State shall recognize and promote the rights of ICCs/IPs within the

framework of national unity and development;

b. The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure

their economic, social and cultural well-being and shall recognize the applicability of

customary laws governing property rights or relations in determining the ownership and

extent of ancestral domain;

c. The State shall recognize, respect and protect the rights of ICCs/IPs to preserve

and develop their cultures, traditions and institutions. It shall consider these rights in the

formulation of national laws and policies;13

The law recognizes the importance of the environment to the indigenous communities, by

providing them sufficient knowledge dealing with the usage, conservation and protection of the

natural resources.

To sum it up, the government has taken a lot of measures to protect the biodiversity of

Bauko Town, Mt. Province and the Philippine, in general. There are rules, policies and laws by

the government, existing in order to conserve the natural resources. These measures help to

prevent and punish illegal activities that results to environmental degradation.

13
http://www.gov.ph/1997/10/29/republic-act-no-8371/