Midterms Flashcards
About ______ of the ___________ species of the flora and fauna known in the world can also be found in the country.
65%; 50,000
These now include only 6 million hectares of forested areas, with less than a million hectares of primary growth forests remaining.
Forest-based resources
It played a critical role in the increase of environmental problems in the country. The growing need of Filipinos to sustain themselves has taken its toll on the environment. There is water pollution and water scarcity.
Industrialization
This resulted in the conversion of forest lands to residential and industrial areas and demand for transportation services and increase in the member of factories and industrial plants have all contributed to the worsening air pollution.
Human migration
It represents the most serious, most pervasive environmental threat that the world faces.
Climate change
Philippines is left with only ______ forest cover, 2nd lowest forest coverage area in Southeast Asia, next to Singapore which has the lowest forest cover.
24%
____ of the total coastal and marine areas are in poor condition.
40%
It is “the fair treatment of all people, no matter what their race, color, national origin, or income level, in the development, implementation and enforcement of environmental laws, regulation and policies.”
environmental justice
EPA
Environmental Protection Agency
It means that “no group of people, including racial, ethnic, or socioeconomic groups should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of programs and policies.
Fair treatment
__________________ stems from a growing recognition that the Right to the environment is a fundamental human right which ought to be protected.
Environmental justice
It is the “right to a standard of living adequate for health and well-being.” This right carries with it the right to the environment.
Right-based Approach
This defined Rights-based Approach as the “right to a standard of living adequate for health and well-being.”
Universal Declaration of Human Rights (Stockholm Declaration)
It contained 27 principles with a goal of ensuring the protection of the environment and promoting sustainable development. It underlines the obligations of state not to cause harm beyond their jurisdiction, to meet the environmental needs of present and future generations, and to consider environmental protection as an integral part of development. It also mandate states to eradicate poverty and to give special attention to the least development and environmentally countries emphasizing that in the cooperative process, states have common but differentiated responsibilities.
Rio Declaration
It is defined as the goal of achieving adequate protection from the harmful effects of environmental agents for everyone regardless of age, culture, ethnicity, gender, race or socioeconomic status (Feng Liu, 1994).
Environmental justice
She suggests that there are two fundamental principles of environmental justice: distributive and procedural justice.
Menjula Amerisanghe
It refers to the equitable distribution of environmental risks and harms.
Distributive
It focuses on the rights of the stakeholders to participate in decision-making processes concerning the environment and enabling them to access the relevant information.
Procedural
In our Constitution, environmental protection is stated, not in the Bill of Rights under Article III, but in the __________________________________.
Declaration of State Policies under Article II
It is recognized as iron-clad and no less demandable than those specifically enumerated in the Bill of rights.
right to a healthful ecology
This is law adopted by sovereign states to define standards at the international level. It prescribes obligations and regulates behavior in international relations in matters affecting the environment
International Environmental Law
There are several sources of International environmental Law but of the special interest to the Philippine judiciary are ______________________________________ and generally accepted principles of environmental protection.
Multilateral Environment Agreements (MEA’s)
The very first environmental instruments was the _______________________ concerning the use of international instruments in the field of the environment have been adopted.
1921 Geneva Convention
It is considered as the chrysalis (foundation) of modern International Environmental Law. It was the first widely accepted international effort to address environmental issues.
1972 Stockholm Conference on the Human Environment
This conference was a discussion of the clashing demands of the economy and ecology.
1972 Stockholm Conference on the Human Environment
It held that economic development is not necessarily incompatible with environmental protection and that development proceed provided it avoids damaging the environment.
1972 Stockholm Conference on the Human Environment
Several principles in the declaration are the sources of our environmental policies in __________ (Philippine Environment Policy).
PD 1151
It was ratified by the Philippines on May 8, 1984 but came into force on November 16, 1994 upon the submission of the 60th ratification. Of particular importance is Art. 194 which obliges parties to take measures to prevent pollution of the marine environment from any source, including “land-based sources” and “installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil.”
United Nations Convention on the Law of the Sea (UNCLOS)
MEA
Multilateral Environment Agreements
These international instruments oblige parties to phase substances that deplete the ozone layer such as chlorofluorocarbons (CFC’s) and hydro-chlorofluorocarbons (HCFC’s) which are used in the air-conditioning systems of many of our older cars, offices and houses.
1985 Vienna Convention for the Protection of the Ozone layer and its 1987 Montreal Protocol on Substances that Deplete the Ozone Layer
These were both ratified by the Philippines on July 17, 1991.
1985 Vienna Convention for the Protection of the Ozone layer and its 1987 Montreal Protocol on Substances that Deplete the Ozone Layer
This was ratified by the Philippines on October 23, 1993.
1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
It declares illegal the transboundary shipment and disposal of hazardous wastes, such as your spent cellphone batteries and old computer units, except for recycling.
1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
This was ratified by the Philippines on October 8, 1993.
1992 Conventional on Biological Diversity
This was ratified by the Philippines only on January 2, 1994.
1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals
This is a framework convention under which parties may enter into agreements and memoranda of understanding for the conservation of certain species. It is significant that the Philippines is a signatory to the Memoranda of Understanding (MOU) on the conservation of marine turtles, dugongs and sharks. However, it is not a signatory to MOU on Pacific Island cetaceans.
Bonn Convention
This was ratified by the Philippines on July 31, 2006.
1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
This convention requires exporters trading in specific harmful chemicals such as ASBESTOS and ENDUSULFAN to provide information on their potential health and environmental effects so that the importing country can decide on trade measures affecting such chemicals.
1998 Rotterdam Convention
This was ratified by the Philippines on February 27, 2004.
2001 Stockholm Convention on Persistent Organic Pollutants
It binds parties to immediately ban the production and use of certain pesticides such as ALDRIN and to eventually phase out other pesticides such as DDT (dichloro-diphenyl-trichloroethane) as these can adversely affect human health and the environment around the world. These dangerous substances are transportable by wind and water.
2001 Stockholm Convention on Persistent Organic Pollutants
It is a non-binding UN climate conference which ended on December 19, 2009. A deal short on concrete steps against global warming but signaling a new start for rich-poor cooperation on climate change.
Copenhagen Accord
It is the body of laws which contains elements to control human impact on the earth (as defined in Black’s Law Dictionary).
Environmental Law
It covers all laws that relate to preservation, protection, conservation, exploitation, utilization, development and management of the environment and its natural resources.
Environmental law
It bears the framework of the Philippine Environmental Policy.
1987 Constitution
It lays down the foundation for the environmental provisions.
Preamble
Our fundamental right to a healthy environment is embodied in ___________ which states “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.”
Article II
This provision is self-executing in nature and deemed as the source of the citizen’s basic environmental rights. It is not only a policy but a demandable legal right. The duty of the state to protect and promote the health of citizens is also an adjunct to the right of the Filipinos to a healthy environment.
Article II, 1987 Constitution
It cemented the Philippine’s commitment to strike a delicate balance between the demands of economics and the needs of the environment.
1987 Constitution
The State shall protect and promote the right to health of the people and instill health consciousness among them.
Section 15, Article II
Most of the provisions of ____________ also highlight the State’s primary objective of protecting the environmental resources of the country.
Article XII
___________________ all seek to protect the country’s land from abuse and exploitation and ensure that the development of the country’s natural resources will benefit the Filipino people.
Section 2, 3, 4 and 5
It enjoins the State to protect our endangered forest and watershed areas.
Section 4, Article XII
It calls upon the State to protect, develop and conserve communal marine and fishing resources.
Section 7, Article XIII
It cautioned the State to make “full and efficient use of human and natural resources.”
Section 1, Article XII
It emphasizes the duty of the government to undertake the just distribution of all agricultural lands, taking into account ecological, developmental and other equity considerations.
Section 4, Article XIII
These refer to the protection and preservation of forest and biodiversity.
Terrestrial laws
These pertain to the protection and preservation of the waters and preservation of forests and biodiversity.
Marine and aquatic resources laws
These deal with preventing air pollution, while other laws refer to those that involve hazardous wastes and other environmental concerns.
Aerial laws
This is the lead agency tasked with the implementation of environmental laws. It consists of the Department Proper, Staff Offices, Staff and Line Bureaus and the regional/provincial community offices. The Department Proper includes the Office of the Secretary, Offices of the Undersecretaries, Offices of the Asst. Secretaries, Public Affairs Office, Special Concerns Office and the Pollution Adjudication Board (PAB).
Department of Environmental and Natural Resources
This shall have sole and exclusive jurisdiction over all cases of pollution and all matters related thereto, including the imposition of administrative sanctions, except as may be provided by law.
Pollution Adjudication Board (PAB)
This shall serve as the Secretariat of the Board.
Environmental Management Bureau
It promulgates and enforces all laws, rules and regulations governing the conservation and proper utilization of agricultural resources, and provides integrated services to farmers and fishermen and other food producers on the production, utilization conservation and disposition of agricultural and fishery resources.
Department of Agriculture
It is tasked with the preparation and implementation of a Comprehensive National Fisheries Industry Development Plan, the issuance of licenses for the operation of commercial fishing vessels, and the issuance of identification cards to fish workers engaged in commercial fishing.
BFAR
It is responsible for the
promulgation, revision and enforcement of
drinking water quality standards.
Department of Health
It has over-all supervision over the port facilities of the large foreign petroleum companies in matters pertaining to safety, pollution and conservation in the harbors, and regulatory and supervisory powers over the marine aspect of the administration and operation of port zones such as the Bataan Export Processing Zone and free ports.
Philippine Ports Authority
PD 705
Revised Forestry Code of the Philippines
It is 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
This refer to 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
This refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed forest purposes.
ALIENABLE and DISPOSABLE LANDS
This includes the public forest, the permanent forest or forest reserves, and forest reservations.
FOREST LAND
This refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock.
GRAZING LAND
This refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure.
MINERAL LANDS
These refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes.
FOREST RESERVATIONS
This refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations.
NATIONAL PARK
This refers to a forest land designated for the protection of game animals, birds and fishes and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas.
GAME REFUGE or BIRD SANCTUARY
This refers to any public offshore area delimited as habitat of rare and unique species of marine flora and fauna.
MARINE PARK
This refers to any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful activities.
SEASHORE PARK
It is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation.
WATERSHED RESERVATION
It is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface runoff.
WATERSHED
It is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along stream where the water is brackish.
MANGROVE
This refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation.
KAINGIN
It means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical,, recreational and geologic resources in forest lands.
FOREST PRODUCT
It is a forest type predominantly of pine trees.
PINE FOREST
It is a forest dominated by trees of the dipterocarp species, such as red lauan, tanguile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany group, apitong and the yakals.
DIPTEROCARP FOREST
It refers to any forest land extensively planted to tree crops primarily to supply raw material requirements of existing or proposed wood processing plants and related industries.
INDUSTRIAL TREE PLANTATION
It refers to any small forest land or tract of land purposely planted to tree crops.
TREE FARM
It is a sustainable management for land which increases overall production, combines agricultural crops, tree and forest plants and/or animials simultaneously or sequentially, and applies management practices which are compatible with the cultural patterns of the local population.
AGRO-FORESTRY
It refers to the living and non-living components of a forest and their interaction.
FOREST ECOSYSTEM
The ___________________ shall study, devise, determine and prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be provided by law rules and regulations.
DENR Secretary
No land of the public domain _____ in slope or over shall be classified as alienable and disposable.
18%
No forest land _____ in slope or over may be utilized for pasture purposes.
50%
In the evaluation of applications of corporations, increased Filipino equity and participation beyond the _____ constitutional limitation shall be encouraged.
60%
First Category – EDU of Natures
- PD 705, Revised Forestry Code as amended by PD 1159, EO 277, and RA 7161
- RA 8550, Philippine Fisheries Code
- RA 7076, People’s Small Scale Mining Act
- RA 7942, Philippine Mining Act
- RA 9175, Chain Saw Act (Nov. 7, 2002)
It is the harmonized utilization of the land, soil, water, wildlife, recreation value, grass, and timber of forest lands.
Multiple-Use
It is the systematic removal of the mature, over-mature, and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil, water, and wildlife.
Selective Lodging
It is a silvicultural system characterized by partial clearcutting leaving seed-trees to regenerate the area.
Seed Tree System
It refers to a sound or slightly injured tree of the commercial species left after logging.
Healthy Residual
It is a privilege granted by the State to a person to occupy and possess in consideration of specified rental, any forest land of the public domain in order to undertake any authorized activity therein.
Lease
It is a short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity within any forest land without any right to occupation and possession therein.
Permit
It is any piece of wood having an average diameter of at least 15 centimeters and at least 1.5 meters long, except all mangrove species which in all cases, shall be considered as timber regardless of size.
Timber
It is a timber squared with an ax or other similar mechanical hard tool in the forest and which from the size of the piece and the character of the wood is obviously unfit for use in that form. Such timber should be invoiced or otherwise manufactured; if not, it should be assessed as manufactured timber.
“Squared Timber” or “Lumber”
These refer to timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such a grass, the associated water, fish, game, scenic, historical, recreational and geologic resources in the forest lands.
Forest Product/s
It is the authority to cut, gather. Collect or remove timber or other forest products from any forest land, or timber from alienable or disposable public land or from private land may be in the form of any license agreement or permit issued by the Secretary of the DENR or by his duly authorized representatives.
Authority
TLA
Timber License Agreement
PLTP
Private Land Timber Permit
SPLTP
Special Private Land Timber Permit
MCP
Mangrove Cutting Permit
Legal Documents required in the possession of Timber or Other Forest Products
- Transport Documents
- Certificates of Origin
- Certificate of Transport Agreement
Legal Documents required in the possession of Timber or Other Forest Products
- Transport Documents
- Certificates of Origin
- Certificate of Transport Agreement
Who are the persons liable?
- The cutter
- The gatherer
- The collector
- The remover
- The possessor or any and all persons who appear to be responsible for the commission of offense defined in Sec. 68
This was enacted on February 17, 1998.
RA 8550
It is an act providing for the development of the fisheries and aquatic resources and integrating all laws pertinent thereto.
RA 8550: Philippine Fisheries Code of 1998
RA 8550
Philippine Fisheries Code of 1998
Republic Act No. 7942
Philippine Mining Act of 1995
Presidential Decree No. 1586
Philippine Environmental lmpact Statement (EIS) System
It ensures that environmental concerns are adequately addressed in all stages of project implementation.
PD No. 1586 or the Philippine Environmental Impact Statement (EIS) System
This Act ¡s considered as the primary tool to revitalize the mining industry but with equal emphasis on both social and environmental responsibilities.
RA No. 7942 or the Philippine Mining Act of 1995
It means searching or prospecting for mineral resources by geological, geochemical and/or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining their existence, extent; quality and quantity and the feasibility of fining them for profit.
Exploration
It means the work undertaken to explore and prepare an orebody or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities.
Development
It means the extraction, mineral processing and/or disposition of minerals.
Utilization
It is a Contract issued by the government granting the lessee, his heirs, successors, and assigns the right to extract and utilize all mineral deposits found on or underneath the surface of his mining claims covered by the lease for his own benefit, and to use the lands covered for the purpose or purposes specified therein.
It is a Contract issued by the government granting the lessee, his heirs, successors, and assigns the right to extract and utilize all mineral deposits found on or underneath the surface of his mining claims covered by the lease for his own benefit, and to use the lands covered for the purpose or purposes specified therein.
Lease or Lease Contract
It is the progressive reduction of the contract area aver the six (6) years exploration period.
Area Relinquishment
It is a person or entity who enters into an agreement to undertake a specific work related to mining or quarrying operations of a Contractor/Permit Holder/Permittee/Lessee.
Service Contractor
It is a document issued by the DENR Secretary certifying that based on the representations of the proponent, the proposed project or undertaking as reviewed by the Environmental Impact Assessment Review Committee will not cause a significant negative environmental impacts and that the proponent is committed to implement approved mitigating measures.
Environmental Compliance Certificate (ECC)
It refers to the comprehensive and strategic environmental management plan to achieve the environmental management objectives, criteria and commitments ¡including protection and rehabilitation of the disturbed environment during the exploration period.
Environmental Work Program
It refers to the comprehensive and strategic environmental management plan for the life of the mining project on which AEPEPs are based and implemented to achieve the environmental management objectives, criteria and commitments including protection and rehabilitation of the disturbed environment.
Environmental Protection Program (EPEP)
It is a permit issued by the Government granting the Contractor/Permittee the right to search or prospect for mineral resources.
Exploration Permit
It is a contract between the Government and the Contractor involving financial or technical assistance for large-scale exploration, development and utilization of mineral resources.
Financial or Technical Assistance Agreement
It is a permit issued by the Government granting the Permittee the right to conduct mining activities that rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment. Acceptance, processing, evaluation and determination of administrative fees for Small-Scale Mining Permits shall be the duty of the Provincial/City Mining Regulatory Board.
Small-Scale Mining Permit
It refers to the permit granted to a Qualified Person for the extraction and utilization of quarry resources on public or private land. Acceptance, processing, evaluation and determination or administrative fees for Quarry Permits shall be the duty of the Provincial/City Mining Regulatory Board.
Quarry Permit
four major stakeholders
the National and Local Governments, the Mining Contractor, and the Host Communities
RA 7076
People’s Small-Scale Mining Act of 1991
It is to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation’s wealth and natural resources, giving due regard to existing rights as herein provided.
RA 7076: People’s Small-Scale Mining Act of 1991
These refer to areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources.
“Mineralized areas”
This refers to mining activities which rely heavily on manual using simple implement and methods and do not use explosives or heavy mining equipment.
“Small-scale mining”
These refer to Filipino citizens who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the DENR to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground.
“Small-scale miners”
This refers to areas under actual exploration, development, exploitation or commercial production as determined by the Secretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claimowner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law.
“Active mining area”
This refers to co-production, joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land.
“Small-scale mining contract”
This refers to an individual or a cooperative of small-scale miners, registered with the Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people’s small-scale mining.
“Small-scale mining contractor”
It entitles the small-scale mining contractor to the right to mine, extract and dispose of mineral ores for commercial purposes. In no case shall a small-scale mining contract be subcontracted, assigned or otherwise transferred.
people’s small-scale mining contract
