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Semi Final Notes

The document outlines various Philippine constitutional provisions and laws related to environmental protection, resource management, and the rights of communities. It details the roles of government agencies like DENR and EMB, as well as specific laws such as the Philippine Mining Act and the Fisheries Code. Additionally, it discusses the geopolitical significance of the West Philippine Sea, including legal rights, economic interests, and international relations.

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0% found this document useful (0 votes)
9 views6 pages

Semi Final Notes

The document outlines various Philippine constitutional provisions and laws related to environmental protection, resource management, and the rights of communities. It details the roles of government agencies like DENR and EMB, as well as specific laws such as the Philippine Mining Act and the Fisheries Code. Additionally, it discusses the geopolitical significance of the West Philippine Sea, including legal rights, economic interests, and international relations.

Uploaded by

ramilacoba998
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

I.

PHILIPPINE CONSTITUTIONAL PROVISIONS Example:


ON THE ENVIRONMENT DENR suspends a mining operation for violating
environmental laws.
1. Article II, Section 16 – Right to a Balanced and
Healthful Ecology 2. Environmental Management Bureau (EMB)

Explanation: Explanation:
This provision recognizes that every Filipino has a EMB focuses on pollution control, air quality, water
constitutional right to live in an environment that is quality, and implementation of the Environmental
clean, safe, and sustainable. It obligates the State to Impact Statement (EIS) System.
protect nature not just for economic use, but for human
Example:
survival and well-being.
EMB issues a Notice of Violation to a factory exceeding
Example: air pollution limits.
Residents file a case against a factory dumping toxic
3. Mines and Geosciences Bureau (MGB)
waste into a river. The court may uphold the complaint
by invoking Article II, Sec. 16, affirming the people’s Explanation:
right to a healthy environment. MGB regulates mining operations and ensures
responsible extraction of mineral resources.
2. Article XII, Section 2 – State Ownership of Natural
Resources Example:
MGB issues an Exploration Permit to a mining
Explanation:
company after technical evaluation.
All natural resources (forests, minerals, waters) are
owned by the State, even if located on private land. The 4. National Water Resources Board (NWRB)
State controls their exploration, development, and
utilization to ensure sustainability and equitable benefit. Explanation:
NWRB regulates water use, allocation, and conservation.
Example:
Mining companies cannot operate freely; they must enter Example:
into mineral agreements (e.g., MPSA) with the A water utility must secure a permit from NWRB before
government because minerals belong to the State. extracting groundwater.

3. Article XIII, Section 7 – Participation of 5. Laguna Lake Development Authority (LLDA)


Communities and Indigenous Peoples Explanation:
Explanation: LLDA manages and protects Laguna de Bay and its
This provision ensures that local communities and surrounding ecosystems.
indigenous peoples have the right to participate in Example:
environmental decision-making, especially when LLDA penalizes fish pens illegally constructed in
projects affect their land and livelihood. Laguna de Bay.
Example: 6. Climate Change Commission (CCC)
A mining project in ancestral land requires Free, Prior,
and Informed Consent (FPIC) from Indigenous Explanation:
Peoples before approval. CCC leads national climate change policies, adaptation,
and mitigation efforts.
4. Article XIV, Section 4(2) – Science and Technology
for Environmental Protection Example:
CCC develops climate adaptation programs for flood-
Explanation: prone coastal areas.
The Constitution mandates the promotion of science and
technology to support environmental conservation and 7. National Solid Waste Management Commission
sustainable development. (NSWMC)

Example: Explanation:
DENR uses satellite mapping and GIS technology to NSWMC oversees implementation of solid waste
monitor illegal logging and mining activities. management policies.

II. GOVERNMENT AGENCIES ON THE Example:


ENVIRONMENT NSWMC promotes waste segregation and closure of
open dumpsites.
1. Department of Environment and Natural
Resources (DENR) III. EXECUTIVE ORDER NO. 192 (1987)

Explanation: Explanation:
The DENR is the primary government agency EO 192 reorganized and strengthened the DENR,
responsible for protecting the environment and defining its powers, bureaus, and enforcement authority.
managing natural resources.
Example:
Because of EO 192, DENR has legal authority to enforce Example:
laws like the Clean Air Act and Clean Water Act.
A person caught using an unregistered chainsaw in a
IV. OBJECTIVES OF THE DENR forest area is arrested and penalized.

Explanation: X. REPUBLIC ACT NO. 7942 – PHILIPPINE


MINING ACT OF 1995
DENR aims to ensure sustainable development, protect
biodiversity, control pollution, and involve communities Explanation:
in conservation.
RA 7942 governs mining operations, mineral
Example: agreements, environmental protection, and mining
permits.
DENR launches a nationwide reforestation program
involving local communities. Example:

V. POWERS AND FUNCTIONS OF DENR A company operates under a Mineral Production


Sharing Agreement (MPSA) approved by DENR.
Explanation:
XI. REPUBLIC ACT NO. 7076 – SMALL-SCALE
DENR formulates policies, enforces environmental laws,
MINING ACT
manages forests, minerals, protected areas, and conducts
environmental assessments. Explanation:

Example: RA 7076 promotes regulated small-scale mining,


prioritizing Filipino miners and community
DENR denies an Environmental Compliance Certificate
development.
(ECC) to a project that threatens a watershed.
Example:
VI. STRUCTURE OF DENR
A cooperative of Filipino miners is granted a small-scale
Explanation:
mining contract in a declared mineralized area.
DENR operates through the Office of the Secretary,
Undersecretaries, Assistant Secretaries, and attached
bureaus to efficiently carry out its mandate. BLUE LAWS

Example: 🐟 Republic Act No. 8550

The Secretary issues a Department Order suspending (Philippine Fisheries Code of 1998)
mining operations nationwide.
📘 Explanation:
VII. PRESIDENTIAL DECREE NO. 1551 –
This law governs how fishery and aquatic resources in
PHILIPPINE ENVIRONMENTAL POLICY
the Philippines are used, managed, developed, and
Explanation: protected to ensure sustainability and food security.

PD 1551 declares the State policy to maintain harmony 📝 Example:


between man and nature and recognizes the right to a
BFAR sets fishing limits in the Visayan Sea to prevent
healthy environment.
overfishing of sardines.
Example:
🎯 Declaration of Policy (Section 2)
Large infrastructure projects are required to submit
(a) Food Security
Environmental Impact Statements (EIS).
Explanation: Fisheries must help provide enough food
VIII. PRESIDENTIAL DECREE NO. 705 –
for Filipinos.
REVISED FORESTRY CODE
Example: Government promotes aquaculture to increase
Explanation: fish supply.
PD 705 governs forest management, classifies land, (b) Exclusive Use by Filipinos
regulates timber cutting, and penalizes illegal logging.
Explanation: Only Filipino citizens may exploit
Example: Philippine fishery resources.
Example: A foreign fishing company cannot operate
A person cutting trees without a permit is charged with
without authority.
qualified theft under PD 705.
(c) Sustainable Development
IX. REPUBLIC ACT NO. 9175 – CHAINSAW ACT
OF 2002 Explanation: Fish must be harvested without destroying
ecosystems.
Explanation:
Example: Limiting tuna catch to prevent depletion.
RA 9175 regulates ownership and use of chainsaws to
(d) Protection of Municipal Fisherfolk
prevent illegal logging.
Explanation: Small-scale fishers get priority in Explanation: Illegal fishing using dynamite, cyanide, or
municipal waters (15 km from shoreline). electricity.
Example: Commercial trawlers are banned in municipal Example: Fisher uses sodium cyanide to catch live reef
waters. fish.

(e) Support to Fisherfolk ❌ Fine Mesh Nets

Explanation: Government provides financial and Explanation: Nets smaller than allowed size catch
technical assistance. juvenile fish.
Example: BFAR distributes fishing boats to local Example: Using 2-inch mesh net (illegal; minimum is
fisherfolk. 3.5 inches).

(f) Integrated Coastal Management ❌ Muro-Ami

Explanation: Coastal areas must be managed as one Explanation: Destructive fishing method damaging
ecosystem. coral reefs.
Example: LGU coordinates mangrove protection and Example: Divers pound coral reefs to scare fish into
marine sanctuary management. nets.

(g) Private Sector Participation ❌ Superlights

Explanation: Businesses may operate but must follow Explanation: Powerful lights that attract juvenile fish
sustainability rules. excessively.
Example: A tuna company follows catch ceilings set by Example: Lightboat using strong artificial lights at night
BFAR. in municipal waters.
📊 Important Concepts ❌ Conversion of Mangroves

🐟 Maximum Sustainable Yield (MSY) Explanation: Turning mangroves into fishponds is


illegal.
Explanation:
Example: Cutting mangroves to build shrimp farms.
The maximum amount of fish that can be caught yearly
❌ Fishing During Closed Season
without reducing future fish population.
Explanation: Fishing during breeding period ban.
Example:
Example: Sardine fishing banned in Zamboanga during
If studies show only 10,000 tons of sardines can be spawning season.
safely harvested yearly, that is the MSY.
❌ Aquatic Pollution
🎣 Catch Ceiling
Explanation: Dumping harmful waste into water.
Explanation: Example: Factory releasing untreated waste into river.

The legal limit on how much fish may be caught. 🌳 Republic Act No. 7586

Example: (NIPAS Act)

BFAR sets a 5,000-ton annual catch limit for a specific Explanation:


tuna species.
Establishes protected areas to conserve biodiversity and
🏢 Bureau of Fisheries and Aquatic Resources (BFAR) ecosystems.

Explanation: Example:

Government agency under DA responsible for fisheries Declaring a mountain range as a National Park.
regulation and enforcement.
🏞 Categories of Protected Areas
Example:
Strict Nature Reserve
BFAR confiscates dynamite fishing equipment.
Explanation: Area strictly protected for scientific
🚫 Prohibited Acts Under RA 8550 research.
Example: Area closed to tourism and development.
❌ Unauthorized Fishing
Natural Park
Explanation: Fishing without license or permit.
Example: A boat fishing without BFAR registration. Explanation: Large natural area for conservation and
recreation.
❌ Poaching Example: Puerto Princesa Subterranean River National
Explanation: Foreign vessel illegally fishing in Park
Philippine waters. Natural Monument
Example: Chinese vessel fishing in the West Philippine
Sea without authority.

❌ Use of Explosives or Poison


Explanation: Small area protecting unique natural Explanation: Groups with distinct culture and ancestral
feature. lands.
Example: Chocolate Hills Example: Lumad communities in Mindanao.

Wildlife Sanctuary 🧬 Bioprospecting

Explanation: Area protecting specific species. Explanation: Studying biological resources for
Example: Bird sanctuary protecting migratory birds. medicine or commercial use.
Example: Collecting plant samples to develop new
Protected Landscape/Seascape
drugs.
Explanation: Area where people and nature coexist
sustainably.
Example: Hundred Islands National Park

Resource Reserve

Explanation: Area reserved for future resource use.


Example: Remote forest protected from mining.

Natural Biotic Area

Explanation: Area where indigenous communities live


traditionally.
Example: Ancestral domain protected from
development.

🦅 Republic Act No. 9147

Explanation:

Protects wildlife species and regulates hunting,


collection, and trade.

Example:

Arresting a person selling endangered turtles.

🐾 Wildlife Terms Explained

🐟 Fisherfolk

Explanation: People dependent on fishing for


livelihood.
Example: Coastal families in Cebu fishing daily.

🐣 Fry

Explanation: Newly hatched fish.


Example: Milkfish fry collected for aquaculture.

🐟 Fingerlings

Explanation: Juvenile fish ready for stocking.


Example: Tilapia fingerlings placed in fishponds.

☠️Noxious

Explanation: Harmful chemical substance.


Example: Cyanide used in illegal fishing.

🛑 Poaching

Explanation: Illegal harvesting of wildlife/fish.


Example: Hunting deer in a protected forest.

🏹 Hunting

Explanation: Capturing or killing wildlife.


Example: Shooting wild birds without permit.

👥 Indigenous Cultural Communities (ICC/IP)

Recognized under Republic Act No. 8371 1️⃣ What is the West Philippine Sea?

📘 Explanation:
The West Philippine Sea refers to the portion of the 📘 Explanation:
South China Sea that lies within the Philippines’ 200-
Ayungin Shoal is within the Philippine EEZ.
nautical-mile Exclusive Economic Zone (EEZ).
The Philippines maintains a grounded naval ship there to
It is not a separate sea, but the official name used by the assert its claim.
Philippine government for its maritime area.
China has attempted to block Philippine resupply
📝 Example: missions.

If Filipino fishermen operate within 200 nautical miles 📝 Example:


from Palawan, they are fishing within the West
When the Philippine Coast Guard delivers food to
Philippine Sea, which legally belongs to the Philippines’
soldiers stationed at Ayungin Shoal and Chinese vessels
EEZ.
use water cannons to block them, this becomes a
2️⃣ Historical Background (2012 Scarborough diplomatic and security issue.
Standoff)
6️⃣ China’s Nine-Dash Line Claim
📘 Explanation:
📘 Explanation:
In 2012, tensions increased when Chinese and Philippine
China claims most of the South China Sea using a “nine-
vessels confronted each other at Scarborough Shoal.
dash line” map, which overlaps with the Philippine EEZ.
This incident pushed the Philippines to bring the dispute
to international court. The 2016 ruling declared this claim invalid under
international law.
📝 Example:
📝 Example:
When Chinese ships prevented Filipino fishermen from
entering Scarborough Shoal lagoon, the Philippines If China says it owns waters 100 nautical miles from
protested and later filed a legal case. Palawan, this conflicts with UNCLOS because that area
falls within the Philippine EEZ.
3️⃣ The 2016 Arbitral Ruling
7️⃣ Economic Importance
📘 Explanation:
📘 Explanation:
The Philippines filed a case before the Permanent
Court of Arbitration in 2013. The WPS is rich in:
In 2016, the tribunal ruled that:
 Fishing grounds
 China’s “nine-dash line” claim has no legal
basis.  Oil reserves

 The Philippines has sovereign rights within its  Natural gas


EEZ.  Marine biodiversity
 Some disputed features are rocks, not islands (so It is also a major global shipping route.
they do not generate large maritime zones).
📝 Example:
The ruling was based on the United Nations
Convention on the Law of the Sea (UNCLOS). Thousands of Filipino fishermen rely on the WPS for
daily income. If they are blocked, it affects food security
📝 Example: and livelihood.
If a Chinese vessel drills for oil within the Philippine 8️⃣ National Security Importance
EEZ, the ruling confirms that this violates the
Philippines’ sovereign rights. 📘 Explanation:

4️⃣ Exclusive Economic Zone (EEZ) Control over the WPS affects:

📘 Explanation:  Territorial integrity

Under UNCLOS, a coastal state has a 200-nautical-mile  Defense strategy


EEZ where it has exclusive rights to explore and use  Regional peace and stability
natural resources (fish, oil, gas).
Foreign military presence increases security risks.
This does not mean full ownership of the sea, but
exclusive rights over resources. 📝 Example:

📝 Example: If foreign warships patrol near Philippine-occupied reefs,


it raises defense concerns for the country.
If natural gas is discovered 150 nautical miles from
Palawan, only the Philippines has the legal right to 9️⃣ International Support
extract it.
📘 Explanation:
5️⃣ Ayungin Shoal (Second Thomas Shoal)
Countries like the United States, Japan, and European
nations support freedom of navigation and respect for
international law.

The Philippines and the US have a Mutual Defense


Treaty.

📝 Example:

If Philippine public vessels are attacked, the United


States may invoke defense commitments under the
treaty.

🔟 Geopolitical Impact

📘 Explanation:

The WPS dispute affects:

 ASEAN unity

 Global trade routes

 Military balance in Asia

It is not just a Philippine-China issue, but a regional


concern.

📝 Example:

If tensions escalate into armed conflict, it could disrupt


international shipping and impact global oil supply
chains.

📌 SIMPLE SUMMARY

The West Philippine Sea issue involves:

 Legal rights under UNCLOS

 The 2016 arbitration victory

 Ongoing tensions with China

 Economic and security interests

 International diplomacy

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