Natres Special Law Collated.docx

NIPAS 1. What is the General Objective of NIPAS as provided in Section 2 of the Act? -“to secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within the classification of national park as provided for in the Constitution”

2. What are the Prohibited acts within the Protected areas as provided by the law? a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the Management Board; b. Dumping of any waste products detrimental to the protected area, or to the plants and animals or inhabitants therein; c. Use of any motorized equipment without a permit from the Management Board; d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value); e. Damaging and leaving roads and trails in a damaged condition; f. Squatting, mineral locating, or otherwise occupying any land; g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit; h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water; and i. Altering, removing destroying or defacing boundary marks or signs.

3. Who are considered Field Officer under the NIPAS? And what are their duties and responsibilities? All officials, technical personnel and forest guards employed in the integrated protected area service or all persons deputized by the DENR, upon recommendation of the Management Board shall be considered as field officers and shall have the authority to investigate and search premises and buildings and make arrests in accordance with the rules on criminal procedure for the violation of laws and regulations relating to the protected areas.

IPRA (RA 8371-Indigenous Peoples Right Act of 1997)

1. Does the IPRA violate the principle of regalian doctrine? Answer: No. The IPRA does not violate the Regalian Doctrine. In any case, a careful reading of Section 7(b) would reveal that the rights given to the indigenous peoples are duly circumscribed. These rights are limited only to the following: "to manage and conserve natural resources within territories and uphold it for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project, and the right to effective measures by the government to prevent any interference with, alienation and encroachment of these rights."

It must be noted that the right to negotiate terms and conditions granted under Section 7(b) pertains only to the exploration of natural resources. The term "exploration" refers only to the search or prospecting of mineral resources, or any other means for the purpose of determining the existence and the feasibility of mining them for profit.155 The exploration, which is merely a preliminary activity, cannot be equated with the entire process of "exploration, development and utilization" of natural resources which under the Constitution belong to the State.

2. Petitioners are members of a Talaandig Tribe claimed to be the lawful owners and possessor of an unregistered parcel of agricultural land. They claimed to have been living on the said land since time immemorial. On the other hand, respondents, claimed to be the lawful owners and possessor of an unregistered parcel of agricultural which appears to be located within the ancestral domain of the Talaandig Tribe. Respondents filed a petition for accion reinvindicatoria, with prayer for the issuance of a temporary restraining order or preliminary prohibitory injunction with damages before RTC. Petitioners filed their motion to dismiss, alleging that the RTC had no jurisdiction over the case. They maintained their contention that it is the National Commission of Indigenous

People, not the regular courts, have jurisdiction as the subject matter concerns a dispute and controversy over an ancestral land/domain of ICC/IPs. Who has the jurisdiction on this matter?

Answer: The RTC has the jurisdiction over the land dispute because it involves one party who is not a member of Talaandig tribe. Pursuant to Section 66 of the IPRA, the NCIP shall have jurisdiction over claims and disputes involving rights of ICCs/IPs only when they arise between or among parties belonging to the same ICC/IP. When such claims and disputes arise between or among parties who do not belong to the same ICC/IP, i.e., parties belonging to different ICC/IPs or where one of the parties is a non-ICC/IP, the case shall fall under the jurisdiction of the proper Courts of Justice, instead of the NCIP. In this case, while most of the petitioners belong to Talaandig Tribe, respondents do not belong to the same ICC/IP. Thus, even if the real issue involves a dispute over land which appear to be located within the ancestral domain of the Talaandig Tribe, it is not the NCIP but the RTC which shall have the power to hear, try and decide this case.

3. President Rodrigo Duterte recently announced that he will open ancestral lands in Mindanao to investors primarily aimed at eradicating hunger and poverty among the Lumads. Will it not be a violation of the Indigenous Peoples Right to ancestral domain? Support your answer. Answer: No. The President may do so as long as the development plans will not supersede the IP/ICCs welfare, identity but instead contribute to the strengthening and enhancement of their plight following the provision in the 1987 Constitution (Section 5 , Article II) which ensures the economic, social and cultural well-being of these communities and Section 2, Article XII. Interpreting Section 2, Article XII of the 1987 Constitution[237] in relation to Section 57 of IPRA, the State, as owner of these natural resources, may directly undertake the development and exploitation of the natural resources by itself, or in the alternative, it may recognize the priority rights of the ICCs/IPs as owners of the land on which the natural resources are found by entering into a coproduction, joint venture, or production-sharing agreement with them. The State may likewise enter into any of said agreements with a non-member of the ICCs/IPs, whether natural or juridical, or enter into agreements with foreign-owned corporations involving either technical or financial assistance for the large-scale exploration, development and utilization of minerals, petroleum, and other mineral oils, or allow such non-member to participate in its agreement with the ICCs/IPs. If the State decides to enter into an agreement with a non-ICC/IP member, the National Commission on Indigenous Peoples (NCIP) shall ensure that the rights of the ICCs/IPs under the agreement shall be protected. The agreement shall be for a period of 25 years, renewable for another 25 years.

But the said indigenous peoples in the Southern Philippines can refuse foreign investors to develop their lands, as mandated by law particularly RA 8371 that safeguard their rights of ownership and possession.

Public Land Act 1.What are the specific modes of disposition stated in the act? Answer: Section 11. Public lands suitable for agricultural purposes can be disposed only as of follows and not otherwise: a. Homestead Settlement b. By Sale c. By sale d.By confirmation of imperfect or incomplete title a.) By judicial legalization b.) By administrative legalization

2. Scope and Coverage of the Act Answer: The provisions of this Act shall apply to all lands of public domain but timber and mineral lands shall be governed by special laws

3. Effect of committing any prohibited act Answer: That any sale and encumbrance made in violation of the provisions of this section shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto the State and all payments on the purchase price therefore made to the Government and shall be forfeited.

Revised Forestry Code 1. Enumerate prohibited acts. Answer: a. Cutting, gathering and/or collecting timber or other products without license. b. Unlawful occupation or destruction of forest lands. c. Pasturing Livestock d. Illegal occupation of national parks system and recreation areas and vandalism therein. e. Destruction of wildlife resources. f. Survey by unauthorized person. g. Misclassification and survey by government official or employee h. Tax declaration on real property. i. Coercion and influence. j. Unlawful possession of implements and devices used by forest officers. k. Payment, collection and remittance of forest charges. l. Sale of wood products.

2. What are the privileges that may be granted for the utilization of areas? Enumerate all privileges, define/explain one of them. a. Lease is a privilege granted by the State to a person to occupy and possess, in consideration of a specified rental, any forest land of the public domain in order to undertake any authorized activity therein.

[If the lease mentioned is for the establishment of an industrial tree plantation or tree farm, the following are considered: 1.

Covering a period of 25 years, renewable not more than 25 years.

2.

Granted by the Dept. Head

3.

Minimum of 1k hectares for industrial tree plantation

4.

100 hectares for tree farm]

b. License is a privilege granted by the State to a person to utilize forest resources as in any forest land, without any right of occupation and possession over the same, to the exclusion of others, or establish and operate a wood-processing plant, or conduct any activity involving the utilization of any forest resources. c. License agreement is a privilege granted by the State to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. d. Permit 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 with any forest land without any right of occupation and possession therein. 3. What conditions must be met before a person may be allowed to transfer their privilege to another person? a.

The transferor has not violated any forestry law, rule or regulation

b. Transferor has been faithfully complying with the terms and conditions of the license agreement, license, lease or permit c.

The transferee has all the qualifications and none of the disqualifications

d.

There is no evidence that such transfer or conveyance is being made for purposes of speculation

e.

The transferee shall assume all the obligations of the transferor.

PHILIPPINE MINING ACT 1.

What are the areas closed to mining applications

a.

In military and other government reservations

b.

Near or under public or private buildings

c.

In areas covered by valid and existing mining rights

d.

In areas expressly prohibited by law

e.

In areas covered by small-scale miners

f.

Old growth or virgin forest under NIPAS

2.

Maximum contract area of financial or technical assistance agreement

a.

1000 meridional blocks on shore

b.

4000 meridional blocks offshore

c.

Combination that it shall not exceed the maximum limits for onshore

3.

Composition of panel of arbitrators

a.

2 members of the bar

b.

1 licensed mining engineer

c. Professional in a related field designated by the secretary as recommended by the Mines and Geosciences Bureau Director until revoked by the Secretary

Fisheries Code Objectives of the Fishery Sector 1. Conservation, protection and sustained management of the country's fishery and aquatic resources; 2. Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk; 3. Improvement of productivity of aquaculture within ecological limits; 4. Optimal utilization of offshore and deep-sea resources; and 5. Upgrading of post-harvest technology.

Prohibited Acts under the fisheries code a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p)

Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities. Poaching in Philippine Waters Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. Ban on Coral Exploitation and Exportation. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. Illegal Use of Superlights. Conversion of Mangroves. Fishing in Overfished Area and During Closed Season. Fishing in Fishery Reserves, Refuge and Sanctuaries. Fishing Or Taking of Rare, Threatened or Endangered Species. Capture of Sabalo and Other Breeders/Spawners. Exportation of Breeders, Spawners, Eggs or Fry. Importation or Exportation of Fish or Fishery Species. Violation of Catch Ceilings. Aquatic Pollution

What is the composition of the adjudication committee? 1. Bureau director as chairperson. 2. Four member designated by the secretary. 3. Sufficient number of staff.

Clean Air Act 1. WHAT ARE THE POWERS AND DUTIES OF THE ENVIRONMENT AND NATURAL RESOURCES OFFICE?

a. Prepare comprehensive air quality management programs, plans and strategies within the limits set forth in RA 7160 b. Provide technical assistance and support to the governor or mayor – to ensure the delivery of basic services c. Take the lead in all efforts concerning air quality of protection and rehabilitation d. Recommend to the Board air quality standards e. To coordinate with other government agencies and NGO f. Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance

2. With reference to the Philippine Clean Air Act, any citizen can initiate a suit against the following:

a. Any person who violates or fails to comply with the provisions of this Act b. DENR or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act c. Any public officer who wilfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act

3. What are some of the pollutants contemplated in this act? • Ozone depleting Substances • Greenhouse gases • Radioactive emissions • Persistent Organic Pollutants Animal Welfare Act

1.What proof does the Director of Animals Industry need for him/her to issue the Certificate of Registration or permit? That the said facilities are: 1. Adequate 2.Clean 3.Sanitary 4. Will not be used for, nor cause pain tot he animals

2. What should of any owner or operator of any land, air or water public utility transporting pet, wildlife provide? Provide the following: 1. Adequate clean and sanitary facilities 2.Sufficient food and water for more than 12 hours

3.What constitutes abandonment under RA 10631? ANSWER: Abandonment means leaving an animal behind alone or otherwise relinquishing ownership, charge, control, custody, responsibility or possession of an animal under circumstances likely to: (a) deprive an animal of the shelter, protection, feeding, and general care necessary for its survival or well-being; (b) expose an animal to abuse, maltreatment, cruelty, and exploitation; (c) cause an animal to suffer fear, distress, harassment, or unnecessary discomfort and pain; or (d) deprive an animal of the freedom to express its normal and natural behavior.

Solid Waste Management Act 1. National Solid Waste Management Commission Composition • Composed of: 14 members from the government sector and 3 members from the private sector

• The Department, through the Environmental Management Bureau, shall provide secretariat support to the Commission. The Secretariat shall be headed by an executive director who shall be nominated by the members of the Commission and appointed by the chairman.

2. Minimum standards and requirements for segregation and storage of solid waste pending collection: (a) There shall be a separate container for each type of waste from all sources: In the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and (b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as “compostable”, “non-recyclable”, “recyclable” or “special waste”, or any other classification as may be determined by the Commission.

3. Prohibited acts (at least 3): a. Littering, throwing, dumping of waste materials in public places like roads, sidewalks, canals, esteros, parks and establishments; b. Open burning of solid waste; c. Allowing the collection of non-segregated or unsorted waste; d. Squatting in open dumps and landfills; e. Open dumping or burying of biodegradable and non-biodegradable materials in flood-prone areas; f. Unauthorized removal of recyclable material intended for collection by authorized persons; g. Mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; h. Manufacture, distribution or use of non-environmentally acceptable packaging materials; i. Establishment or operation of open dumps; and j. Importation of consumer products packaged in non-environmentally acceptable materials. Water Code 1. Any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use. 2.

a. Review and enforce water quality guidelines b. Classify groundwater sources c. Prepare ground water vulnerability map d. Establish internationally accepted procedures for sampling and analysis e. Prepare an integrated water quality management framework; and f. Prepare 10 year management plans for each water area 3. When someone violates: a) Standards or limitations provided by this Act; or b) By any such order, rule or regulation issued by the Department with respect to such standard or limitation.

Small scale Mining Act 1. Define the following: a. Small-scale mining b. Existing Mining Right c. Claimowner

2. What is the rule with regard to the Sale of Gold?

3. Who shall exercise direct supervision and control over the program and activities of the smallscale miners within the people's small-scale mining area?

Answers: 1. Definition of terms: a. "Small-scale mining" refers to mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment.

b. "Existing mining right" refers to perfected and subsisting claim, lease, license or permit covering a mineralized area prior to its declaration as a people's small-scale mining area

c. "Claimowner" refers to a holder of an existing mining right

2. All gold produced by small-scale miners in any mineral area shall be sold to the Central Bank, or its duly authorized representatives, which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight.

3. The Secretary, through his representative.