Chapter 1 Flashcards
WHY SHALL WE NEED TO STUDY FOREST LAWS AND REGULATIONS?
- Create a balance between the EXPLOITATION, PROTECTION and most especially REGENERATION and WISE UTILIZATION
- Awareness of environmental laws leads to restoration of the imbalance and man’s aspiration for healthy environment
- custom or practice RECOGNIZED as a binding by a community; Statement of a National Policy determined by the National Assembly
LAWS
collective term describing the networks of treaties, statutes, regulations, and common and customary laws addressing the effects of human activity on the environment
ENVIRONMENTAL LAW
– subcategory of environmental law, which relates to all statutes that deal with the preservation, reforestation, and sustainable development
FORESTRY LAWS
– regulates forest land acquisition and prescribed burning
ANCILLARY LAWS
– refer to a body of written and/or unwritten policies on how to carry out a certain provisions of the law
Indigenous/customary laws
– SET of PRINCIPLES adopted by a state or unwritten rules, usages, customs and practices TRADITIONALLY or CONTINUALLY recognized, accepted and observed by the ICCs/IPs.
CONSTITUTION
body of rules and maxims in accordance with which the powers of sovereignty are habitually exercise
Implementing Rules and Regulations
- is an act of LEGISLATURE as an organized body, expressed in the form, and passed according to the procedure required to constitute it as part of the laws of the land.
STATUTE
- a collection of statutes, rules, etc. methodically arranged into one law.
CODE
– revision or change/modification and /or insertion of some provision in a laws, bill, policies, etc.
AMENDMENT
- refers to the act of control; a rule or orders prescribe for management or government.
REGULATION
- a selected, planned line of conduct in the light of which individual decisions are made and coordination achieved.
POLICY
- an ACCEPTED method of behavior or procedure; an ESTABLISHED standard, guide or regulation
RULES
- the act or practice of carrying out a policy in government, business or public affairs
ADMINISTRATION
- course of action or management guide of forestry which embodies appropriate goals and guidelines designed to govern the use of forest resources
FOREST POLICY
– any process or procedure used to resolve a dispute controversy, other by adjudication of a presiding judge of a court or an officer of a government agency (RA 9285 enacted this ADR in 2004)
Alternative Dispute Resolution (ADR)
- a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assists the parties in reaching a voluntary agreement regarding a dispute
MEDIATION
THE 3 PO:WERS OF THE PHILIPPINE GOVENMENT
- Legislatives
- Executive
- Judiciary
This branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives.
Legislative
This branch is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.
Executive
This branch holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a Supreme Court and lower courts.
Judiciary
the development of effective and acceptable courses of action for addressing what has been placed on the policy agenda
LAW/POLICY FORMULATION AND IMPLEMENTATION
LAW/POLICY FORMULATION AND IMPLEMENTATION 2 CRITERIAS:
- EFFECTIVE
- ACCEPTABLE
- regarded as valid, efficient, and implementable solution to the issue at hand
EFFECTIVE
- means that the proposed course of action is like to be authorized by the legitimate decision makers, usually through majority- building in bargaining process.
ACCEPTABLE
2 Factors involved in policy formulation:
- ANALYSIS
- AUTHORITY
- detailed examination of the elements or structure of something.
Analysis
- the power or right to give orders, make decisions, and enforce obedience.
Authority
Characteristics of policy:
- Should be consistent with the objectives with the concerned groups
- Should be state in understandable words
- Must prescribe limits for future action
- Subject to change but relatively stable
Legislative Process – How a Bill Becomes a Law:
- PREPARATION OF THE BILL
- FIRST READING
- COMMITTE CONSIDERATION/ACTION
- SECOND READING
- THIRD READING
- TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
- SENATE ACTION ON APPROVED BILL OF THE HOUSE
- CONFERENCE COMMITTEE
- TRANSMITTAL OF THE BILL TO THE PRESIDENT
- PRESIDENTIAL ACTION ON THE BILL
- ACTION ON APPROVED BILL
- ACTION ON VETOED BILL