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1987 Constitution and the

Environmental Laws

May 9, 2014

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Provisions in the 1987 Constitution

Artile !!

Section15providesthat “the State shall protectand promotethe right to

health of the people and instill health conscious among them”

Section 16 provides that “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”.

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1987 Constitution

Article Xentitled “!ational "conomy and#atrimony”that providesfor the efficient use and state ownership

of natural resources.

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Loal "overnment Code o# 1991

$etion 2 %elaration o# Poliy

$a% t is hereby declared the policy of the State that theterritorial and political subdivisions of the State shall en&oygenuine and meaningful local autonomy to enable them to

attain their fullest development as self'reliant communities

and ma(e them more effective partners in the attainment of

national goals. )oward this end* the State shall provide for a

more responsive and accountable local government structure

instituted through a system of decentrali+ation whereby localgovernment units shall be given more powers* authority*

responsibilities* and resources. )he process of

decentrali+ation shall proceed from the national government

to the local government units.

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L"C o# 1991

$etion 1&' "eneral (el#are"very local government unit shall e,ercise the powers e,presslygranted* those necessarily implied there from* as well as powers

necessary* appropriate* or incidental for its efficient and effective

governance* and those which are essential to the promotion of thegeneral welfare. -ithin their respective territorial &urisdictions*

local government units shall ensure and support* among other

things* the preservation and enrichment of culture* promote

health and safety* enhance the right of the people to a balanced

ecology* encourage and support the development of appropriateand self'reliant scientific and technological capabilities* improve

public morals* enhance economic prosperity and social &ustice*

promote full employment among their residents* maintain peace

and order* and preserve the comfort and convenience of their

inhabitants)

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L"C o# 1991

$etion 17)*asi $ervies and +ailities

$a% ocal government units shall endeavor to be self'reliant and shall continue e,ercising thepowers and discharging the duties and functions currently vested upon them. )hey shall also

discharge the functions and responsibilities of national a,enies and o##ies devolved to them

-ursuant to this Code. ocal government units shall li(ewise e,ercise such other powers and

discharge such other functions and responsibilities as are necessary* appropriate* or incidental toefficient and effective provisions of the basic services and facilities enumerated herein

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(hat are the .elated $ervies

$1% /or0arangay

$iii% Services and facilities related to general hygiene and sanitation*beautification* and solid waste collection2

$3% /or a 4unicipality

$vi% Solid waste disposal system or environmental management systemand services or facilities related to general hygiene and sanitation

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.elated $ervies

$% /or a #rovince

$iii% #ursuant to national policies and sub&ect to supervision* control andreview of the "!7* enforcement of forestry laws limited to community'

based forestry pro&ects* pollution control law* small'scale mining law*

and other laws on the protection of the environment2 and mini'

hydroelectric pro&ects for local purposes

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.elated $ervies

8% /or a 9ity

All the services and facilities of the municipality

and province

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L"C o# 1991

$etion 2&) %uty o# /ational "overnment Aeniesin the Maintenane o# Eoloial *alanet shall be the duty of every national agency or government'owned or

controlled corporation authori+ing or involved in the planning andimplementation of any pro&ect or program that may cause pollution*

climatic change* depletion of non'renewable resources* loss of crop

land* rangeland* or forest cover* and e,tinction of animal or plant

species* to consult with the local government units* nongovernmental

organi+ations* and other sectors concerned and e,plain the goals and

ob&ectives of the pro&ect or program* its impact upon the people and

the community in terms of environmental or eoloial alane,andthe measures that will be underta(en to prevent or minimi+e the

adverse effects thereof .

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L"C o# 1991

$etion 27) Prior Consultations .euired

!o pro&ect or program shall be implemented by government authorities unless the consultations

mentioned in Sections 3 $c% and 36 hereof are complied

with* and prior approval of thesanggunianconcerned is obtained #rovided* )hat occupants in areas

where such pro&ects are to be implemented shall not be evicted unless appropriate relocation

sites have

been provided* in accordance with the provisions of the 9onstitution

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L"C o# 1991

$etion ) Lin:a,es with Peo-le5s and /on',overnmental 6r,aniations

ocal government units may enter into &oint ventures and such other cooperativearrangements with people

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L"C o# 1991

$etion &) Assistane to Peo-le5s and /on',overnmental 6r,aniations

A local government unit may* through its local chief e,ecutive and withthe concurrence of thesanggunianconcerned* provide assistance*

financial or otherwise* to such people

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Loal 6##iials to !m-lement the Environmental

Laws

ocal 9hief ",ecutives $9"s%

ocal egislative 0odies $ #rovince* 9ity* 4unicipality

and0arangay%

"nvironmental and !atural 7esources =fficer of the

:>s

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Environmental .elated Laws

7A ?;83 $#hilippine 4ining Act of 1;;5%

"!7 Administrative =rder !o. ;;'8

7A ?@?6 $#eoples Small Scale 4ining Act of%

# 1B;; $"stablishing Small Scale 4ining as anew imension in 4ineral evelopment

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Environmental Laws

7A ?5B6 $!ational ntegrated #rotected AreasSystem'!#AS%

7A B?1 $ndigenous #eoples 7ights Act%7A B85 $Agriculture and /isheries 4oderni+ation

Act'A/4A%

"= 36 $9ommunity'0ased /orest 4anagement%

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Environmental Laws

"= 8B1 $#romotion and evelopment of =rganic Agriculture in the#hilippines%

# ?@5 $/orestry 7eform 9ode of the #hilippines%

# ?@1 $Amended Section 6 of # ?@5% # 1151 $#hilippine "nvironmental #olicy%

# 1153 $#hilippine "nvironment 9ode%

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Environmental Laws

7A B88 $An Act to =rdain the Agricultural 7eform 9ode and to nstituteand 7eforms in the #hilippines%

7A ?;@? $Amended 7A B88 or 9ode of Agrarian 7eform of the#hilippines%

# 1@6? $ )he -ater 9ode of the #hilippines%

#15B6 $"nvironmental mpact Assessment%

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Environmental Laws

#roclamation !o. 3186 $#roclaiming certain areas and types of pro&ectsas environmentally

critical and within the scope of environmental

impact statement system established under # 15B6%

7A ?16@ $ocal :overnment 9ode of the #hilippines%

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Environmental Laws

7.A. B?8; $9lean Air Act of 1;;;%that moves for an effective air Cuality

management program that will mitigate the worsening problem of air

pollution in the country

7.A. ;@@ $Solid -aste 4anagement Act of 3@@@% that aimed at providing

a comprehensive solution to the countrys garbage problem

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Environmental Laws

7.A. ;3?5 $#hilippine 9lean -ater Act of 3@@8%that moves fora comprehensive water Cuality management scheme

Administrative =rder 1?1 issued in 3@@? to create a

#residential )as( /orce on 9limate 9hange $#)/99%.

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Environmental Laws

7.A. ;?3; $9limate 9hange Act of 3@@;% which aims tosystematically integrate the concept of climate change

in the policy formulation and development plans of all

government agencies and units

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Environmental Laws

"X"9>)E" =7"7 ?;* Series of 3@13' nstitutionali+ing andmplementing 7eforms in the #hilippine 4ining Sector

#roviding #olicies and :uidelines to "nsure "nvironmental

#rotection and 7esponsible 4ining in the >tili+ation of 4ineral

7esource

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!nternational Environmental Commitment

Stoc(holm eclaration of the >nited !ations 9onference onthe Fuman "nvironment2

7io deGanieroeclaration on "nvironment and evelopment

$Agenda 31%

Eienna 9onvention on the #rotection of the =+one ayer

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!nternational Environmental Commitment

4ontreal #rotocol on Substances that eplete the=+one ayer2

>nited !ations /ramewor( 9onvention on 9limate9hange

Hyoto #rotocol to :lobal 9limate 9hange 9onvention

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!nternational Environmental Commitment

Stoc(holm 9onvention on #ersistent =rganic #ollutants

0asel 9onvention on the 9ontrol of )rans boundary 4ovementsof Fa+ardous -astes and their isposal

9onvention on nternational )rade in "ndangered Species of-ild /lora and /auna