Laws - Content Flashcards
The acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law
Appropriation of water
The privilege granted by the government to appropriate and use water.
Water right
Reason why a water permit cannot be granted to an individual
His water requirement can be supposed through an irrigation association
The utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated. It is the measure and limit of appropriation of water; or the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health
Beneficial use of water
An area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other
Control area
Empowered to make all decisions and determinations provided for in the Water Code, except in regard to those functions which under this Code are specifically conferred upon other agencies of the government
National Water Resources Council, now the National Water Resources Board
In charge of the construction of dams, bridges and other structures across of which may interfere with the flow of navigable or flotable waterways, and declare flood control areas
Department of Public Works and Highways
In charge of approving the development of a hot spring for human consumption, establishment of cemeteries and waste disposal areas
Department of Health
In charge of approving any works that may produce dangerous or noxious substances or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply
National Pollution Control Commission
The production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use
Contamination
Discharge from known sources which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic,
commercial and recreational facilities
Effluent
Refers to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use thereof
Pollutant
The sludge produced on individual onsite wastewater disposal systems, principally septic tanks and cesspools
Septage
Water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, building, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain waste or other places or the combination thereof
Sewage
Any system or network of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point of disposal
Sewerage
Any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects.
Sludge
Shall be implemented by the DENR in the following types of development:
a) a series of similar projects, or a project subdivided into several phases
b) several components or a cluster of projects co-located in an area
Programmatic Environmental Impact Assessment
Where there are no environment and natural resources officers, the local executive concerned may, with the approval of the Secretary of the DENR designate whom?
Any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee
The burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes
Incineration
Exceptions to the ban on incineration, based on RA 8749 - Philippine Clean Air Act. (2)
(1) Traditional small-scale method of community/neighborhood sanitation “siga”
(2) traditional, agricultural, cultural, health, and food preparation and crematoria
Any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances
Air pollutant
Any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes
Air pollution
A geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area
Eco-profile
Implements the emission standards for motor vehicles
Department of Transportation
Monitors meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities
PAGASA
The right to conduct exploration for all minerals in specified areas is issued by whom? How long is the period granted?
Mines and Geosciences Bureau, 2 years
An agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement
Mineral production sharing agreement
An agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource
Co-production agreement
An agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output
Joint venture agreement
Period for the modes of mineral agreement, and renewable for a period of how many years?
25 years, and renewable for another term not exceeding 25 years
Period for the term of Financial or Technical Assistance Agreement, and renewable for a period of how many years?
25 years, and renewable for another term not exceeding 25 years
Maximum area for quarry permit
5 ha
Period for the quarry permit, and renewable for a period of how many years?
5 years, and renewable for like periods but not to exceed 25 years
No quarry permit shall be issued or granted for these 2 areas
Areas covered by a mineral agreement or financial or technical assistance agreement
Maximum area for commercial sand and gravel permit
5 ha
Allowed area for industrial sand and gravel permit
More than 5 ha
Period for the industrial sand and gravel permit, and renewable for a period of how many years?
5 years, and renewable for like periods but not to exceed 25 years
A contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint-venture agreement
Mineral agreement
Mining activities involving exploration, feasibility, development, utilization, and processing
Mining operation
Searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of
mining them for profit
Exploration
The work undertaken to explore and prepare an ore body or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities.
Development
The extraction or disposition of minerals
Utilization
The milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products
Mineral processing
All naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy
Minerals
A naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit
Ore
Refers to any common rock or other mineral substances as the Director of Mines and Geosciences Bureau may declare to be quarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass
Quarry resources
The process of extracting, removing and disposing quarry resources found on or
underneath the surface of private or public land
Quarrying
Primary government agency responsible for the conservation, management, development, and proper use of the State’s mineral resources
Department of Environment and Natural Resources
Has direct charge in the administration and disposition of mineral lands and mineral resources
Mines and Geosciences Bureau
The ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof
Adaptive capacity
Causes resulting from human activities or produced by human beings
Anthropogenic causes
Strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels
Gender mainstreaming
Constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride
Greenhouse gases
The context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting substances and their
substitutes.
Mitigation
An increase in sea level which may be influenced by factors like global warming through expansion of sea water as the oceans warm and melting of ice over land and local factors such as land subsidence.
Sea level rise
The degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. It is a function of the character,
magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity
Vulnerability
The sole policy-making body of the government which shall be
tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change
Climate Change Commission
Composition of the Climate Change Commission
Chairperson - President of the Philippines
Commissioners - three, to be appointed by the President
Who declares the state of calamity, national level?
Declaration by the President, upon recommendation of the National Council
Who declares the state of calamity, local level?
Declaration by the local sanggunian, upon the recommendation of the LDRRMC
4 remedial measures c/o the declaration of state of calamity
- Price ceiling
- Vs. overpricing and hoarding
3, Reprogramming of funds - No-interest loans
The adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities
Adaptation
The combination of all strengths and resources available within a community, society or organization that can reduce the level of risk, or effects of a disaster. It may include infrastructure and physical means, institutions, societal coping abilities, as well as human knowledge, skills and collective attributes such as social relationships, leadership and management
Capacity
A change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity
Climate change
A process of disaster risk reduction and management in which at risk communities are actively engaged in the identification, analysis, treatment, monitoring and evaluation of disaster risks in order to reduce their vulnerabilities and enhance their capacities, and where the people are at the heart of decision-making and implementation of disaster risk reduction and management activities
Community-Based Disaster Risk Reduction and Management
A result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences.
Disaster
The concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposures to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events
Disaster Risk Reduction
The systematic process of using administrative directives, organizations, and operational skills and capacities to implement strategies, policies and improved coping capacities in order to lessen the adverse impacts of hazards and the possibility of disaster
Disaster Risk Reduction and Management
The combination of the probability of an event and its negative consequences
Risk
Structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of disasters
Mitigation
The ability of a system, community or society exposed to hazards to resist, absorb, accommodate and recover from
the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions
Resilience
A condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads
and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced
hazard
State of Calamity
The characteristics and circumstances of a community, system or asset that make it susceptible to the damaging
effects of a hazard
Vulnerability
Where does the Local Disaster Risk Reduction and Management Fund come from, and the percentages?
Not less than 5% of the estimated revenue
from regular sources
Percentage of the Local Disaster Risk Reduction and Management Fund allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs
30%
Where does the National Disaster Risk Reduction and Management Fund come from, and its previous name?
Previously the Calamity Fund appropriated under the annual General Appropriations
Percentage of the National Disaster Risk Reduction and Management Fund allocated as Quick Response Fund (QRF) or stand-by fund
30%
Chairperson of the National Disaster Risk Reduction and Management Council
Secretary of the Department of National Defense
Vice Chairperson for Disaster Preparedness
DILG Secretary
Vice Chairperson for Disaster Response
DSWD Secretary
Vice Chairperson for Disaster Prevention and Mitigation
DOST Secretary
Executive Director of the National Council
OCD Administrator
4 ways by which public lands suitable for agricultural purposes can be disposed of
(1) For homestead settlement
(2) By sale
(3) By lease
(4) By confirmation of imperfect or incomplete titles:
- By judicial legalization
- By administrative legalization (free patent).
Homestead maximum area
24 ha
Sale of public agricultural land maximum area, for Filipino citizens of lawful age
144 ha
Sale of public agricultural land maximum area, for corporation or association at least 60% Filipino interest
1,024 ha
Lease of public agricultural land maximum area, for Filipino citizens of lawful age
1,024 ha
Lease of public agricultural land maximum area, for corporation or association at least 60% Filipino interest
1,024 ha
Lease of public agricultural land maximum area, for grazing purposes
2,000 ha
Period for lease of public agricultural land, and period for renewal
Not more than 25 years, but may be renewed once for another period
of not to exceed 25 years
Free patent maximum area, for natural-born citizens of the Philippines
24 ha
The Public Land Act does not apply to these four
- timber lands
- mineral lands
- friar lands
- reverted private property
3 classifications of lands of public domain
(a) Alienable or disposable
(b) Timber
(c) Mineral lands
4 classification of uses of A&D lands
(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses
No land of the public domain ___ in slope or over shall be classified as ___
18%, A&D
No forest land ___ in slope or over shall be classified as ___
50%, grazing land
3 exceptions to when lands 18% in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forest lands
(1) covered by existing titles
(2) occupied openly, continuously for a
period of not less than thirty (30) years
(3) where the occupant is qualified for a free patent under the Public Land Act
Boundaries of forest lands are clearly marked and maintained at intervals of ___
Not more than 500 meters
The maximum period of any privilege to harvest timber, and renewable period
25 years, not exceeding twenty-five years
Lease period for industrial tree plantations and tree farms, and renewable period
25 years, renewable for another period not exceeding twenty-five 25 years
Minimum area for industrial tree plantations and tree farms
1,000 ha for industrial tree plantations
100 ha for tree farms
No lease shall be granted within ___
Critical watersheds
The mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not
Public forest
Those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes
Permanent forest or forest reserves
Those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes
Alienable and disposable lands
A land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off
Watershed
A drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated
Critical watershed
Type of forest occurring on tidal flat along the sea coast, extending along streams where the water is brackish
Mangrove
These 10 lands, even if they are below 18% in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable land
- Areas less than 250 hectares which are not contiguous with any certified alienable
and disposable land; - Isolated patches of forest of at least 5 hectares ;
- Areas which have already been reforested;
- Areas within forest concessions which are timbered;
- Ridge tops and plateaus where headwaters emanate;
- Appropriately located road-rights-or-way;
- 20 meter strips of land along the edge of the normal high waterline of rivers and streams;
- Strips of mangrove or swamplands at least 20 meters wide;
- Areas needed for other purposes, such as national parks, national historical sites, game refuges and wildlife sanctuaries, forest station sites, and others of public interest; and
- Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird sanctuaries, national shrines, national historic sites
These 8 forest lands shall be reforested and covered with suitable and sufficient trees,
(a) Bare or grass-covered tracts of forest lands with at least 50% slope;
(b) Bare or grass-covered tracts of forest lands with less than fifty per cent 50% slope, but with soil so highly erodible;
(c) Brushlands or tracts of forest lands generally covered with brush;
(d) Open tracts of forest lands with slopes or gradients generally exceeding 50%,
interspersed with patches of forest each of which is less than 250 hectares in area;
(e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and reservations as critical watersheds, national parks, game refuge, bird sanctuaries, national shrines, national historic sites;
(f) Inadequately-stocked forest lands within forest concessions;
(g) Portions of areas covered by pasture leases or permits having a slope of at least 50%; and
(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and beaches
Swamplands that are ___ or ____ shall revert to forest land category when released to BFAR
(1) not utilized or
(2) abandoned for 5 years from release
Has administrative jurisdiction over alienable and disposable lands
Bureau of Lands
Has administrative jurisdiction over mangroves and other swamps
Bureau of Fisheries and Aquatic Resources
In no case shall retention by the landowner exceed ___, and ___ may be awarded to each child of the landowner
5 ha to the landowner
3 ha to each child of the landowner
2 qualifications of child of landowner
(1) that he is at least fifteen (15) years of age; and
(2) that he is actually tilling the land or directly managing the farm
No qualified beneficiary may own more than ___ of
agricultural land
3 ha
Landholdings of landowners with a total area of ___ and below shall not be covered for acquisition and distribution to qualified beneficiaries
5 ha
4 lands covered by the CARP
(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture;
(b) All lands of the public domain in excess of the specific limits;
(c) All other lands owned by the Government devoted to or suitable for
agriculture; and
(d) All private lands devoted to or suitable for agriculture
Redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work
Agrarian reform
Refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers’ associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements.
Agrarian dispute
Refers to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to the receipt of notice of acquisition by the government as provided
Idle or abandoned land (CARP)
Qualified beneficiaries for CARP (8)
- landless residents of the same barangay
- landless residents of the same
municipality
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above beneficiaries; and
(g) others directly working on the land
5 exemptions from UDHA
(a) Those included in the coverage of CARP;
(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices;
(d) Those used or set aside to maintain ecological balance or environmental protection
(e) Those used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks
Areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area
Blighted lands
Nonagricultural lands urban and urbanized areas on which no improvements, as herein defined, have been made by the owner, as certified by the city, municipal or provincial assessor
Idle lands (UDHA)
The acquisition of lots of varying ownership through purchase or expropriation for the purpose of planned and rational development and socialized housing programs without individual property boundary restrictions
Land assembly or consolidation
Acquisition of land at values based on existing use in advance of actual need to promote planned development and
socialized housing programs
Land banking
Process of land acquisition by exchanging land for another piece of land of equal value, or for shares of stock in a government or quasi-government corporation whose book value is of equal value to the land being exchanged,
for the purpose of planned and rational development and provision for socialized housing where land values are determined based on land classification, market value and assessed value taken from existing tax
declarations
Land swapping
The rational approach of allocating available land resources as equitably as possible among competing user groups
and for different functions consistent with the development plan of the area
Land use plan (UDHA)
Individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing
Professional squatters
Areas identified by the appropriate national agency or by the local government unit with respect to areas within its jurisdiction, which shall be used for the relocation of the underprivileged and homeless citizens
Resettlement areas
The program of the National Housing Authority of upgrading and improving blighted squatter areas outside of Metro Manila pursuant to existing statutes and pertinent executive issuances
Slum Improvement and Resettlement Program (SIR)
The process of upgrading and rehabilitation of blighted and slum urban areas with a view of minimizing displacement of dwellers in said areas, and with provisions for basic services as provided for in Section 21 hereof
On-site development
Housing programs and projects covering houses and lots or homelots only, or residential condominium units only undertaken by the government or the private sector for the underprivileged and
homeless citizens which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits
Socialized housing
Beneficiaries of this Act and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the
National Economic and Development Authority and who do not own housing facilities
Underprivileged and homeless citizens
Lands in urban and urbanizable areas which are not registered with the Register of Deeds, or with the city or municipal assessor’s office concerned, or which are uninhabited by the owner and have not
been developed or devoted for any useful purpose, or appears unutilized for a period of 3 consecutive years immediately prior to the issuance and receipt or publication of notice of acquisition by the government
Unregistered or abandoned lands (UDHA)
Program of the National Housing Authority of upgrading and improving blighted squatters areas within the cities and municipalities of Metro Manila
Zonal Improvement Program (ZIP)
Priorities in the Acquisition of Land, for socialized housing (6)
(a) Those owned by the government;
(b) Alienable lands of the public domain;
(c) Unregistered or abandoned and idle lands;
(d) Those within the declared Areas for Priority Development, Zonal Improvement Program sites, and Slum Improvement and Resettlement Program sites which have not yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet been acquired; and
(f) Privately-owned lands.
Expropriation proceedings shall be instituted if, after the lapse of ___ following receipt of notice of acquisition, the owner fails to introduce improvements
1 year
Exemptions to the expropriation of idle lands (UDHA) (2)
(1) residential lands owned by small property owners
(2) ownership of which is subject of a pending litigation
4 eligibility criteria for socialized housing program beneficiaries
(a) Must be a Filipino citizen;
(b) Must be an underprivileged and homeless citizen;
(c) Must not own any real property whether in the urban or rural areas; and
(d) Must not be a professional squatter or a member of squatting syndicates
Developers of proposed subdivision projects shall be required to develop an area for socialized housing equivalent to ___ of the total subdivision area or total subdivision project cost
15% (UDHA); 20% (RA 10884)
The balanced housing development as herein required may also be complied with by the developers concerned in any of the following 4 ways:
(a) Development of socialized housing in a new settlement;
(b) Slum upgrading or renewal of areas for priority development (not anymore based on RA 10884);
(c) Joint-venture projects with either the local government units or any of the housing agencies; or
(d) Participation in the community mortgage program
4 basic services be provided by the
local government unit or the National Housing Authority
(a) Potable water;
(b) Power and electricity;
(c) Sewerage facilities and a solid waste disposal system; and
(d) Access to primary roads and transportation facilities
4 entities charged with identifying and effectively curtailing the nefarious and illegal activities of professional squatters and squatting syndicates
- LGU
- PNP
- Presidential Commission for the Urban Poor
- PCUP-accredited urban poor organization