Forestry Code: Assignment No. 3
Forestry Code: Assignment No. 3
1. Forestry Code
The Forestry Code, also known as the Presidential Decree No. 705, codifies,
updates and raises forestry laws in the country. It emphasizes the sustainable utilization
of forest resources. This Act lays down the basic principles of forest management and
conservation, makes provision for the administration of forestry (Chap. I), the survey
and classification of lands for purposes of forestry (Chap. II), and the use of forest
resources (Chap. III).
2. Mining Act
In March 1995, President Fidel Ramos signed into law the Philippine Mining Act
(Republic Act No. 7942) which was designed to revive the mining industry and attract
more foreign investment by defining the agreements for mineral exploitation, and
provide the requirements for acquiring mining rights. It governs the exploration,
development, processing and utilization of mineral resources in the Philippines. It is
expected to protect the national interest by ensuring that the benefits from mining are
shared with the government through the Mineral Production Sharing Agreement
(MPSA). The law allows 100 percent foreign ownership of mining projects through the
Financial or Technical Assistance Agreements (FTAAs) and provides several incentives
to encourage mining such as a four year income tax holiday, tax and duty free capital
equipment imports, value added tax exemptions, income tax deductions (when
operations are posting losses) and accelerated depreciation. It strengthens the role of
local government units in mining projects both as beneficiaries and as active
participants in mineral resource management, consistent with the provisions of the
constitution and government policies on local autonomy and empowerment. It fully
recognizes the rights of indigenous people and cultural communities and respect for
ancestral land and institutionalized stringent measures to ensure compliance of mining
contractors and operators to internationally accepted standards of environmental
management.
The constitutional basis for the law was challenged in the courts by anti-mining
groups, the Catholic Church, indigenous people’s organizations and environmental
protection groups and for seven years led to the decline of investor interest in the
mining industry. In December 2004, the Supreme Court of the Philippines declared the
mining act to be constitutional paving the way towards its full implementation. However,
because of the continued protest over alleged violations of mining companies, their
destruction of the environment and the displacement of indigenous people and
communities, the local governments of 14 provinces had promulgated ordinances
banning open pit mining. In January 2011, President Aquino imposed a moratorium on
the processing of all new mining agreements, for the purpose of formulating a new
mining regime that would better stimulate investment, increase the government’s share
of revenues from mining operations address the problem of illegal mining and protect
environmentally sensitive areas. On July 6, 2012, Executive Order No. 79 (EO 79) was
issued by the President which sought to strengthen the protection of the environment,
promote responsible mining and provide a more equitable revenue sharing scheme
between government and private firms. It should harmonize mining policies and require
firms to be more transparent and accountable for their actions as well as strengthen
coordination among stakeholders to ensure strict compliance by mining operators to
existing laws and regulations.
3. NIPAS Act
Purpose
protect and maintain the natural biological and physical diversities of the
environment development, as well as plant and animal life;
secure for the Filipino people of present and future generations all native
plants and animals
establishment of a comprehensive system of integrated protected areas
within the classification of national park
Categories
Climate change is the most serious and most pervasive threat facing humanity
today. The Intergovernmental Panel on Climate Change, the highest scientific body
responsible for evaluating the risk of climate change, reported that warming of the
earth’s surface is unequivocal. If left uncontrolled, impacts of climate change to human
and nature are unprecedented and will continuously affect lives of future generations.
Section 16 of the 1987 Philippine Constitution declared that the State shall
protect and advance the right of the people to a balance and healthful ecology in accord
with the rhythm and harmony of nature. It is in this statement where the creation of the
Republic Act (R.A.) No. 9729 otherwise known as the Climate Change Act of 2009 was
built upon. The law which was enacted on July 27, 2009 was primarily conceived as the
country’s response to the worldwide phenomenon on climate change. Towards the
attainment of this goal, R.A. No. 9729 allowed mainstreaming of climate change into
government formulation of programs and projects, plans and strategies, and policies,
creation of Climate Change Commission, and establishment of Framework Strategy and
Program for climate change.
Under the NCCAP, priority programs and activities for the government were
developed. Seven priority areas were identified which include: (1) food security; (2)
water sufficiency; (3) ecosystem and environmental stability; (4) human security; (5)
climate-smart industries and services; (6) sustainable energy; and (7) knowledge and
capacity development. On the other hand, the LCCAP vary in each local government
and are drafted consistently with the NCCAP. The Barangays, the smallest unit of
government in the Philippines, are expected to support the municipal and city
government in implementing the climate change-related activities indicated under the
LCCAP.
6. DRRM Act
1. Policy Statements
Mainstreaming DRR and Climate Change in the national and local development
plans and development processes (e.g. policy formulation, socio-economic dev’t
planning, budgeting and governance
Mainstreaming DRR into the peace process and conflict resolution
The National Cultural Heritage Act (with the designation of Republic Act No.
10066) is a law, or Republic Act, of the Republic of the Philippines. It created
the Philippine Registry of Cultural Property and took other steps to preserve historic
buildings that are over 50 years old. It was signed into law on March 25, 2009.
It was passed in response to the 2000 demolition of the Manila Jai Alai Building.
The Philippine Registry of Cultural Property registers all cultural properties of the
country, which the National Commission for Culture and the Arts is mandated to
establish and maintain through the appropriate cultural agencies and local
governments.
That "Local government units, through their cultural offices, shall likewise
maintain an inventory of cultural property under its jurisdiction and shall furnish the
Commission a copy..."
That "Private collectors and owners of cultural property shall register such
properties, within three (3) years from the effectivity of this Act. The private collectors
and owners of cultural property shall not be divested of their possession and
ownership...even after registration of said property..." and that information on such
private property "shall remain confidential and may be given only upon prior consent of
the private owner."
The act defines "cultural property" as "all products of human creativity by which a
people and a nation reveal their identity, including churches, mosques and other places
of religious worship, schools and natural history specimens and sites, whether public or
privately-owned, movable or immovable, and tangible or intangible." It deems all
heritage structures, which are at least 50 years old, as presumed important cultural
properties despite non-declaration by cultural agencies. Nonetheless, the government
mandates all local government units to register these presumed important cultural
properties to the database of the National Commission for Culture and the Arts for
cultural documentation and conservation.
The citizen retains the ownership of the house; the government is only declaring
the heritage value of the structure and providing funding for its protection and
preservation.
9. Local Government Code
The 1991 Local Government Code: Providing local government’s broader fiscal
mandates - revenue assignments, devolved expenditure responsibilities,
intergovernmental transfers, and subnational debt/credit financing.
12. AFMA
13. CARPER
a. Greenspace
b. Greenway
The term greenway comes from the "green" in green belt and the "way" in
parkway implying a recreational or pedestrian use rather than a typical street
corridor, as well as an emphasis on introducing or maintaining vegetation, in a
location where such vegetation is otherwise lacking.
c. Smart Growth
1. PD 984
2. PD 1151
3. PD 1152
4. IRR-PD 1586
5. PP 2146
8. EO 192
9. DENR DAO 21