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ELEC 111 Module-4

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0% found this document useful (0 votes)
24 views42 pages

ELEC 111 Module-4

Uploaded by

corezfam569
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ELEC 111

Environmental Planning

MODULE IV
Tool and Laws on Environmental
Planning

Lesson 1 Demographic Analysis

Lesson 2 Geographic Information System

Lesson 3 Environmental Laws

Lesson 4 Environmental Treaties

Module IV
2

MODULE IV

THE WORLD OF ENVIRONMENTAL PLANNING

 INTRODUCTION

The last module deals on some popular tools being used in


environmental planning and the laws and international treaties relative to
environment. These are very important topics to be discussed since
environmental planners use techniques and procedures that will facilitate
them in analyzing, interpreting, surveying and concluding data. With the
advent of data science, environmental planners should be able to conduct
research and empirical investigation so that they will arrive to an objective
findings and conclusions.

This module also tackles overview of important laws and international


agreements on environment. These enable environmental planner to
legitimately perform an act within the metes and bounds of law. The deeper
understanding of these laws and treaties will make them confident to plan
for the direction of a specific place or jurisdiction. The planners should be
armed with these approaches and legal anchors so that they can better
appreciate their roles as vanguards of environment.

OBJECTIVES

After studying the module, a BPA student should be able to


characterize Integrated Area Development and Site Planning as tools for
development and discuss the different laws and treaties relevant to
environment so as to relate these laws to actual environmental cases that
Philippines is facing discuss the features or characteristics of Comprehensive
Development Plan as enshrined under the Local Government Code of 1991
and explain the judicious way of land use and the importance of planning of
resources of an LGU which pave way for the characterization of Integrated
Area Development and Site Planning as tools for development.

 DIRECTIONS/ MODULE ORGANIZER

Read each lesson then answer the exercises/activities to find out how
much you have benefited from it. Work on these exercises proficiently and
submit your output to your instructor within the designated schedule of
submission via the platform specified for your class.

Good luck and enjoy reading!

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3

Lesson 1

 Demography of Population Studies

Definition of Demography
 Demography is the study of human populations their size, composition
and distribution across space and the process through which
populations change. Births, deaths and migration are the 'big three' of
demography, jointly producing population stability or change.

Demography of Population Studies


 It represents the starting point for planning at all scales. Plans are by
nature oriented toward the future, estimates of the composition of a
given population at a future date will be necessary
 represents the starting point for planning at all scales
 Plans are by nature oriented toward the future, estimates of the
composition of a given population at a future date will be necessary

Population
 It refers to the total number of individuals in a territory at a specified
time. Population is the basis for determining whether the level of
public services like schools, health centers, recreational facilities,
power and water adequate/inadequate accessible/inaccessible.

Demographic Analysis
 Generates relevant population data in a specific area
 Involves the determination of present trends governing changes in
population statistics as well as future population shifts in a given area
 Can readily be accessed from the National Census conducted
nationwide at regular five-year intervals

Three Aspects of Population


 Size
 Characteristics
 Distribution

Fundamental Demographic Methods Trend Models


 Treat the population as a whole without disaggregation with respect
to age, sex or other characteristics

Composition Models
 Treat a given population as an aggregate of the various groups, and
the evolution of the population results (in part) from the interaction
these groups

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Methods of Population Projection


1. Mathematical Method - Estimates futurepopulation
2. Economic Method Projects future population based on economic
conditions
3. Component or Cohort-Survival Method Projects population by
demographic components

Fertility
 It refers to the live births that occur within population.

Crude Birth Rate


 It refers to the number of births divided by the midyear population,
usually expressed in terms of thousands. It is the simplest and most
commonly used index of fertility

Mortality
 It refers to the occurrence of deaths in a population.

Crude Death Rate


 It is a rough measure of mortality. It refers to the number of deaths
per 1,000 population.

Rate of Natural Increase


 Rate of population increase in a given period due to births and death

Population Change
1. Arithmetic Change - Assumes that there are linear increases or
decreases in population
2. Geometric Change - Assumes that the population changes at a rate
where the increments or decreases are compounded over a specified
period
3. Exponential Change - Assumes instantaneous growth rate an

Doubling Time
 It refers to the length of time a particular population would double
its size under a given growth rate

Participation Rate Method


 This method simply uses ratio or percent share of a particular
segment of population to total population using actual/latest census
data.

Population Characteristics
 It refers to the composition of the population in terms of age, sex,
marital status and other characteristics of the population

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Age Sex Composition


 Sex Ratio is simply the number of males per 100 females in a
population.

Age Dependency Ratio


 The ratio of the population in the dependent ages of 0-14 years and
65 years and over to the population in the working ages 15-64 years.

Labor Force
 Labor Force refers to the population 15 years old and over who
contribute to the production of goods and services in the country.

Labor Force Participation Rate


 proportion of the total number of persons in the labor force to the
total population 15 years old and over.

Unemployed (new definition)


 It includes all persons who are 15 years old and over as of their last
birthday and are reported as:
o without work, ie., had no job or business during the basic
survey reference period; and
o currently available for work, i.e., were available and willing to
take up work in paid employment or self employment during
the basic survey reference period, and/or would be available
and willing to take up work in paid employment or self-
employment within two weeks after the interview date; and
o seeking work, i.e., had taken: specific steps to look for a job
or establish a business during the basic survey reference
period; or not seeking work due to the following reasons:
 tired/believe no work available, i.e, the discouraged
workers who looked for work within the last six months
prior to the interview date;
 awaiting results of previous job applications;
 temporary illness/disability; bad weather; and
 waiting for rehire/job recall.

Employment Rate
 The proportion of total number of employed persons to the total
number of persons in the labor force

Marital Status
 Single - A person who has never been married,
 Married - A couple living together as husband and wife, legally or
consensually.
 Divorced - A person whose bond of matrimony has been dissolved
legally and

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who therefore can remarry,


 Separated - A person separated legally or not from his/her spouse
because of marital discord or misunderstanding; and
 Widowed - A person whose bond of matrimony has been dissolved by
death of his/her spouse.

Singulate Mean Age at Marriage (SMAM)


 A measure of nuptiality derived from a set of percent singles at all
ages
 It denotes the number of years that a married individual spends in
singlehood before ultimately marrying.

Three General Types of Population Pyramid

1. The expansive - The expansive has a broad base that indicates high
fertility.
2. Constrictive - The constrictive pyramid has a base that is narrower
than the middle of the pyramid. It indicates moderate population
growth.
3. Stationary - The stationary type of pyramid has a base which is
approximately equal to each subsequent age group, tapering at older
ages. It indicates a moderate proportion of a: the children, a
relatively large proportion of persons in the old ages and a low
population growth.

Measures of Urbanization
1. Gross Population Density is expressed as the number of persons per
unit of land area, usually in hectares or square kilometers.
2. Net Population Density is the ratio of population to the total area of
arable land. An arable land, for convenience, is defined as the total
land area of lands classified as "alienable and disposable

Module IV
7

Social Sector Use of Population Data


A. Education
Interpolation Technique
 It is also used in reclassifying the NSO population groupings into the
desired school-going population:

School-going age population:


o Primary - 7 to 12 years old
o Junior HS-13 to 16 years old
o Senior HS 17 to 18 years' old
o Tertiary 19 to 22 years old

B. Housing
Projected Housing need = New Household + Service Backlog
New Housing Need = New population/Average HH size Backlog:

1. Doubled - Up (DUHH) = No. of Households (HH) - No. of Housing Units


(HU)
2. Unacceptable Housing Units = 5% of HU made of mixed materials
3. Mixed Materials = HU with walls and roof made of wood, cogon/Nipa/
Anahaw, asbestos and others (NSO data Occupied HU by construction
materials) on
4. Makeshift / Salvage / Improvised HU (per NSO data)
5. Others

C. Social Welfare
Inventory and Assessment of Social Welfare Facilities
1. Day Care Center
2. Senior Citizen Care Center
3. Day Center for Street Children
4. Temporary Shelter for Women
5. Reception and Study Center
6. Family Life Resource Center
7. Early Childhood Development Resource Center

Protective Services
1. Police/Firemen
2. Type of Barangay Brigades (disaster, tanod, and traffic auxiliary)
3. Police and Fire Facilities
4. Number and Location of Police/Fire Station and Jails
5. Fire Incidence

Module IV
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Lesson 2

 Geographic Information System

A Geographic Information System or GIS is a computer system that allows


you to map, model, query, and analyze large quantities of data within a
single database according to their location.
GIS gives you the power to:

o Create maps
o Integrate information
o Visualize scenarios
o Present powerful ideas, and
o Develop effective solutions

GIS is a computer system capable


of assembling, storing,
manipulating, and displaying
geographically referenced information (that in data identified according to
their locations). Practitioners also regard the total GIS as including
operating personnel and the data that go into the system.

Components of GIS
 Software
 Hardware
 Data
 People
 Methods/Procedures

Advantages of GIS
 Cost Savings from Greater Efficiency
 Improved Communication
 Better Decision Making
 Better Record Keeping
 Managing Geographically

The First Use of GIS


 September 1854 (Centered in Soho district close to Snow's house)
 Mapped 13 public wells and all known deaths
 Noted the spatial clustering of cases around one particular water
pump
 He examined water samples from various
 Halted the outbreak despite the authorities' wells skepticism

Module IV
9

General History of GIS


 Difficult to chronicle due to the paucity of well-documented evidence
 Computer-based GIS have been used by people since late 1960s. But,
their manual predecessors started 100 years earlier.
 Development started in North America (USA and Canada)
 Growth was piecemeal, sporadic, and uncoordinated

Organization that Started GIS


 US Bureau of Census
 US Geological Survey
 Harvard Laboratory of Computer
 Graphics Experimental Cartography Unit, UK
 Environmental Systems Research Institute (ESRI)
 Canada Geographic Information System

Timeline of GIS Usage


1. Pioneering Age
 early 1960s to 1975
 individual personalities determined the course of GIS
2. Second Phase
 1973 to the early 1980s
 increase in experimentation and practice fostered by national
agencies
 duplication of efforts was common
3. Third Phase
 1982 to late 1990s
 commercial dominance
4. Fourth Phase (current)
 user dominance
 facilitated by competition among vendors
 start of the standardization of GIS on open systems
 Open GIS

What is fueling the development of GIS?


1. There exists a need to do things better and faster at the least
possible cost.
 land resources inventory, updating of maps, automated
cartography, etc.
2. Development in computing technology
 From mainframes to powerful desktop computers
3. Commercial enterprises
 GIS is an enterprise, therefore, money matters.
4. Academe

Module IV
10


A significant number of people in the academe have shown
interest in the Science of Geographic Information. Funding is
available from grants and the Federal Government.
5. Federal Government
 The government needs to manage its resources properly, thus,
need GIS in the process.
6. Users
 GIS is starting to become a publicly owned domain with the
widespread use of Open Source solutions and publicly available
mapping services.

History of GIS in the Philippines


 The Philippines-Australia RS Project started 1990, until 1994
 Computerized Land Assessment and Planning System - was introduced
in 1974 by Synergistic Consultants, Inc., and is the country's first
prototype GIS model

Development in Hardware and Software


 Expensive mainframe computers to desktop-server environments
 Expensive pen and thermal plotters to affordable inkjet and laser
printers to a paperless environment
 Digitizers to heads-up digitizing using scanned data from scanners to
automated raster to vector conversion
 Conventional surveys to surveys using GPS
 Low to high accuracy GPS

How does GIS work?


 ASK (What is the problem?)
 ACQUIRE (Find the data needed)
 EXAMINE (How the data is organized? Accurate? Where did it came
from?)
 ANALYZE (Geographic analysis/core strength of GIS)
 ACT (Analysis can be shared through reports, maps, tables, and
charts; delivered in printed format or digitally)

How to Represent Geographic Object?


Analog
 Paper Maps

Digital

 Raster Data Model


 Vector Data Model

Module IV
11

GIS Data Types


 Vector Data- A representation of the world using points, lines, and
polygons. Vector models are useful for storing data that has discrete
boundaries, such as country borders, land parcels, and streets.
Advantages
a) Representing continuous data (e.g, slope, elevation, chemical
concentrations).
b) Representing multiple feature types (e.g.. points, lines, and
polygons) as single feature types (cells).
c) Rapid computations ("map algebra") in which raster layers are treated
as elements in mathematical expressions.
d) Analysis of multi-layer or multivariate data (e.g., satellite image
processing and analysis)
 Raster Data- A representation of the world as a surface divided into a
regular grid of cells. Raster models are useful for storing data that
varies continuously, as in an aerial photograph, a satellite image, a
surface of chemical concentrations, or an elevation surface
a) Accurately representing true shape and size.
b) Representing noncontiguous data (e.g. rivers, political boundaries,
road lines, mountain peaks).
c) Creating aesthetically pleasing maps.
d) Conserving disk space

Projection Systems
 Longitude - The angular distance, usually expressed in degrees,
minutes, and seconds, of a location of a point on the earth's surface,
east or west of an arbitrarily defined meridian (usually the Greenwich
prime meridian). All lines of longitude are great circles that intersect
the equator and pass through the North and South Poles. (ESRI)
 Latitude – The angular distance usually measured in degrees, north,
or south of equator. Lines of equator are also referred to as parallels
 Equator- The parallel of reference that is equidistant from the poles
and defines the origin of the latitude values.
 Prime meridian - Any line of longitude designated as 0 degrees east
and west, to which all other meridians are referenced
o Greenwich prime meridian – 0 degrees longitude, passes
through the Royal Observatory, Greenwich, England
o Adopted by international agreement in 1884 as the prime
meridian

Three Types of Coordinate Systems


1. Spherical
2. Spheroidal
3. Cartesian

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Geographic Coordinate System


 Data that is defined by a 3-D surface and measured in latitude and
longitude
 An example of a Geographic Coordinate System would be "WGS 1984"
 The term "Datum" and Geographic Coordinate System" can be used
interchangeably

Projected Coordinate System


 Data that is defined by a flat 2-D surface and can be measured in
units of meters and feet
 Map “projections" and "Projected Coordinate Systems" can be
interchangeably as well.

General Categories of Projection Systems


a) Cylindrical Equidistant Projection
b) Cylindrical Equal Area Projection
c) Mercator Projection
d) Transverse Mercator Projection
e) Oblique Mercator Projection

Projection Systems Being Used in the Philippines


1. Transverse Mercator Projection (Luzon 1911Datum)
2. Philippines Transverse Mercator Projection (also based on the Luzon
1911 Datum)
3. Philippine Reference System 1992 (PRS92) based on WGS 1984 not yet
finished
4. Universal Transverse Mercator Projection (UTM) - WGS84 Datum
5. WGS84 or WGS 1984 (World Geodetic System 1984)

Data Sources
 Global Positioning System (GPS)
 Digitalized Images
 Scanned Maps
 Remotely Sensed Data
 Geocoding and Metadata
 Queries
 Geoprocessing
 Spatial Analysis
 Interpolation/Smatial Modeling
 Terrain and 3D Mapping

Basic Map Elements


 Title
 Legend
 North Arrow

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 Scale Bar
 Scale Text
 Data Source
 Coordinate System

Applications of GIS
 Land Use Planning
 Hazard Mapping
 Resources Inventory/Management
 Pre/Post Disaster Assessment
 Flood Modeling
 Infrastructure Planning and Development
 Tourism
 Tax Mapping

Knowledge Check:
1. How do you describe the population f the Philippines?
2. What is the significance of demography in environmental planning?
3. Explain in your own words the significance of GIS in environmental
planning.
4. Google search for some of the images of GIS usage. Copy and paste in
Word Document and explain how it is being used.

Module IV
14

Lesson 3

 Environmental Laws

In the Philippines, there are many environmental laws that have been
enacted and implemented so that intent and spirit of the constitution on
balanced and healthful ecology will be realized. These laws serve as the
backbone and guide in the different actions, programs and projects being
implemented both at the local and national levels.

Executive Order 192, Series of 1987 Reorganization Act of DENR


 Section 4. Mandate - The Department be the primary government
agency responsible for the conservation, management, development,
and proper use of the country's environment and natural resources,
specifically forest and grazing including lands, those mineral in
reservation resources and watershed areas, and lands of the public
domain, as well as the licensing and regulation of all natural
resources as may be provided for by law in order to ensure equitable
sharing of the benefits derived there from for the welfare of the
present and future generation of Filipinos
 Section 13. Forest Management Bureau - Shall advise the Secretary on
matters pertaining to forest development and conservation
 Section 14. Lands Management Bureau Shall advise the Secretary on
matters pertaining to rational land classification management and
disposition
 Section 15. Mines and Geosciences Bureau Shall advise the Secretary
on matters pertaining to geology and mineral resources exploration,
development, and conservation
 Section 16. Environmental Management Bureau - Shall advise the
Secretary on matters relating to environmental management,
conservation and pollution control
 Section 17. Ecosystems Research and Development Bureau -
Formulates and recommends an integrated research program relating
to Philippine ecosystems and natural resources such as minerals,
lands, forests, as holistic and interdisciplinary fields of inquiry
 Section 18. Protected Areas and Wildlife Bureau - Formulates and
recommends policies, guidelines, rules and regulations for the
establishment and management of an Integrated Protected Areas
Systems such as national parks, wildlife sanctuaries and refuge,
marine parks and biospheric reserves.
 Section 19. Pollution Adjudication Board - Adjudication of pollution
cases

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 Section 20. Field Offices of the Department Environment and Natural


Resources Regional Offices; Environment and Natural Resources
Provincial Offices; and community office in municipalities wherever
deemed necessary.

Republic Act 7586: National Integrated Protected Areas System


 Section 2. Declaration of Policy - National Integrated Protected Areas
System (NIPAS) - shall encompass outstandingly remarkable areas and
biologically important public lands that are habitats of rare and
endangered species of plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or marine, all of
which shall be designated as protected areas.
 Section 3. Categories
o Strict nature reserve
o Natural park
o Natural monument
o Wildlife sanctuary
o Protected landscapes and seascapes
o Resource reserve
o Natural biotic areas, and
o Other categories established by law, government agency is a
signatory conventions, or international agreements which the
Philippine
 Section 3. Definition of Terms
o National park - a forest reservation essentially of natural
wilderness character which has been withdrawn from
settlement, occupancy or any form of exploitation except in
conformity with (an) approved management plan and set aside
as such to conserve the area or preserve the scenery, the
natural and historic objects, the wild animals and plants
therein and to provide enjoyment of these features in such
areas
o Natural monument - a relatively small area focused on
protection of small features to protect or preserve nationally
significant natural features on account of their special interest
or unique characteristics
o Natural biotic area - an area set aside to allow the way of life
of societies living in harmony with the environment to adapt to
modern technology at their pace.
o Natural park - a relatively large area not materially altered by
human activity where extractive resource uses are not allowed
and maintained to protect outstanding natural and scenic areas

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of national or international significance for scientific,


educational, and recreational use.
o Protected landscapes/seascapes - areas of national
significance which are characterized by the harmonious
interaction of man and land while. providing opportunities for
public enjoyment through recreation and tourism within the
normal lifestyle and economic activity of these areas
o Resource reserve - an extensive and relatively isolated and
uninhabited area normally with difficult access designated as
such to protect natural resources of the area for future use
and prevent ΟΙ contain development activities that could
affect the resource pending the establishment of objectives
which are based upon appropriate knowledge and planning.
o Strict nature reserve - an area possessing some outstanding
ecosystem, features and/or species of flora and fauna of
national scientific importance maintained to protect nature
and maintain processes in an undisturbed state in order to
have ecologically representative examples of the natural
environment available for scientific study, environmental
monitoring, education, and for the maintenance of genetic
resources in a dynamic and evolutionary state
o Wildlife sanctuary - comprises an area which assures natural
conditions necessary to protect nationally significant species,
group of species, biotic communities, of physical features of
the environment where these may require specific human
manipulation for their perpetuation.
o Buffer zones - For each protected area, there shall be
established peripheral buffer zones when necessary, in the
same manner as Congress establishes the protected area, to
protect the same from activities that will directly and
indirectly harm it
 Section 13. Ancestral lands and rights over them. Ancestral lands and
customary rights and interests arising shall be accorded due
recognition. The DENR shall prescribe rules and regulations to govern
ancestral lands within protected areas; Provided that the DENR shall
have no power to evict indigenous communities from their present
occupancy nor resettle them to another area without their consent

Presidential Decree 705: Revised Forestry Code


 Section 15. Topography - No land of the public domain eighteen
percent (18%) in slope or over shall be classified as alienable and
disposable, nor any forest land fifty percent (50%) in slope or over, as
grazing land.

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 Section 16. Areas needed for forest purposes - The following lands,
even if they are below 18% in slope, are needed for forest purposes,
and may not, therefore, be classified as A&D land, to wit:
o Areas less than 250 hectares which are far from or not
contiguous with, any certified A&D land
o Isolated patches of forest of at least 6 hectares with rocky
terrain, or which protect a spring for communal use
 Section 16. Areas needed for forest purpose
a) Areas which have already been purposes reforested
b) Areas within forest concessions which are timbered or have
good residual stocking to support an existing, or approved to
be established, wood processing plant
c) Ridge tops and plateaus regardless of size found within, or
surrounded wholly or partly by, forest lands where headwaters
emanate
d) Appropriately located road rights-of way
e) Twenty meter strips of land along the edge of the normal high
waterline of rivers and streams with channels of at least 5
meters wide
f) Strips of mangrove or swamplands at least 20 meters wide,
along shorelines facing oceans, lakes and other bodies of
water, and strips of land at least 201 meters wide facing lakes
g) 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
h) Areas previously proclaimed by the President as forest
reserves, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites.
 Section 20. License Agreement, License, Lease or Permit. No person
may utilize, exploit, occupy, possess or conduct any activity within
any forest or grazing land, or establish, install, add or operate any
wood or forest products processing plant, unless he had been
authorized to do so under a license agreement, license, lease or
permit
 Section 27. Duration of License. Agreement or license to Harvest
Timber in Forest Lands. The maximum period of any privilege to
harvest timber in 25 years, renewable for a period not exceeding 25
years.
 Section 34. Industrial tree plantations, tree farms and agro-forestry
farms - A lease for a period of 50 years for the establishment of an
industrial tree plantation, tree farm or agro-forestry farm, may be
granted... with a minimum area of 100 hectares for industrial tree
plantations and agro-forestry farms and 10 hectares for tree farms

Module IV
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 Section 59. Citizenship. In the evaluation of applications of


corporations, increased Filipino equity and participation beyond the
60% constitutional limitation shall be encouraged. All other factors
being equal, the applicant with more Filipino equity and participation
shall be preferred

Presidential Decree 1067: Water Code


 Article 4. Waters, as used in this Code, refer to water under the
ground, water above the ground, water in the atmosphere, and the
waters of the sea within the territorial jurisdiction of the Philippines
 Article 13. No person, including government instrumentalities, or
government-owned or controlled corporations, shall appropriate
water without a water right, which shall be evidenced by a document
known as a water permit. Water right in the privilege granted by the
government to appropriate and use water
 Article 14. Any person may appropriate or use natural bodies of water
without securing a water permit for any of the following;
o Appropriation of water by means of handcarried receptacles,
and
o Bathing or washing, watering or dipping of domestic or farm
animals, and navigation of watercrafts or transportation of logs
and other objects by flotation.
 Article 15. Only citizens of the Philippines, of legal age, as well as
juridical persons, who are duly qualified by law to exploit and
develop water resources, may apply for water permits
 Article 44. Drainage systems shall be so constructed that their outlets
are rivers, lakes, the sea, natural bodies of water, or such other
watercourse as may be approved by the proper government agency.
 Article 46. When artificial means are employed to drain water from
higher to lower land, the owner of the higher land shall select the
routes and methods of drainage that will cause the minimum damage
to the lower lands, subject to the requirements of just compensation
 Article 50. Lower estates are obliged to receive the waters which
naturally and without the intervention of man flow from the higher
estate, as well as the stones or earth which they carry with them.
 Article 51. The banks of rivers and streams and the shores of the seas
and lakes throughout their entire length and within zone of 3 meters
in urban areas, 20 meters in agricultural areas, and 40 meters in
forest areas, along their margins are subject to easement of public
use in the interest of recreation, navigation, floatage, fishing and
salvage. No person shall be allowed to stay in this zone longer than
what is necossary for recreation, navigation, floatage, fishing, or
salvage or to build structures of any kind.

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 Article 53. To protect the best interest and the coordinated


protection of flood plain lands, the Secretary of DPWH may declare
flood control areas and promulgate guidelines for governing flood
plain management plans in these areas.
 Article 55. The government may construct necessary flood control
structures in declared flood control areas, and for this purpose it
shall have a legal easement as wide as may be needed along and
adjacent to the river bank and outside of the bed or channel of the
river.
 Article 57. Any person may erect levees or revetments to protect his
property from flood, encroachment by the river, or change in the
course of the river, provided that such construction does not cause
damage to the property of another.
 Article 62. Waters of a stream may be stored in a reservoir by a
permittee in such amount as will not prejudice the right of any
permittee downstream
 Article 67. Any watershed or any area of land adjacent any surface
water or overlying any ground water may be declared by the DENR as
protected area.
 Article 76. The establishment of cemeteries and waste disposal areas
that may affect the source of a water supply or a reservoir for
domestic or municipal use shall be subject to the rules and
regulations promulgated the DOH

Republic Act 9003: Ecological Solid Waste Management Act of 2000


 Section 3. Definition of terms
 Ecological solid waste management - the systematic
administration of activities which provide for segregation at
source, segregated transportation, storage, transfer processing
treatment, and disposal of solid waste and all other waste
management activities which do not harm the environment.
 Materials recovery facility - includes a solid waste transfer
station or sorting station, drop-off center, a composting
facility, and a recycling facility.
 Open dump - a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning
and consideration for environmental and health standards
 Sanitary landfill a waste disposal site designated, constructed,
operated and maintained in a manner that exerts engineering
control over significant potential environmental impacts arising
the development and operation of the facility
 Section 10. Role of LGUs in Solid Waste Management

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Segregation and collection of solid waste shall be conducted at


the barangay level specifically compostable for biodegradable,
and reusable wastes; Provided, that the collection of non-
recyclable materials and special wastes shall be the
responsibility of the municipality or city.
 Section 16. Local Government Solid Waste Management Plans.
 The province, city or municipality, through the local solid
waste management boards, shall prepare its respective 10 year
solid waste management plans consistent with the national
solid waste management framework. Provided, that the waste
management plan shall be for the re-use, recycling and
composting of wastes generated in their respective jurisdiction
 Section 17. The components of the local government solid waste
management plan
 Source reduction
 Recycling
 Composting
 Section 18. The components of the local government solid waste
management plan.
 Open dump sites shall not be allowed as final disposal sites. If
an open dump site is existing within the city or municipality,
the plan shall make provisions for its closure or eventual phase
out within the period specified under the framework
 As an alternative, sanitary landfill sites shall be developed and
operated as a final disposal site for solid and, eventually,
residual wastes of a municipality or city or a cluster of
municipalities and/or cities
 Section 20. Establishing mandatory solid waste diversion
 Each LGU plan shall include an implementation schedule which
shows that within 5 years from the implementation of this Act,
the LGU shall divert at least 25% of all solid waste from waste
disposal facilities through re-use, recycling and composting
activities and other resource activities. Provided, that the
waste diversion goals shall be increased every 3 years
 Section 21. Mandatory segregation of wastes
 The segregation of wastes shall be conducted at the source,
include to household, institutional, industrial, commercial and
agricultural sources
 Section 22. Requirements for segregation and storage of solid waste
 There shall be a separate container for each type of waste
from all sources. The solid waste container depending on its
use shall be properly marked or identified for on-site collection

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as "compostable," "nonrecyclable," "recyclable," or "special


waste," or any other classification.
 Section 32. Establishment of LGU Materials very Facility
 There shall be established an MRF in every barangay or cluster
of barangays. The facility shall be established in a barangay
owned or leased land or any suitable open space to be
determined by the barangay through its Sanggunian
 Section 28. Toxic materials present in the waste stream should be
separated at source, collected separately, and further screened and
sent to appropriate hazardous waste treatment disposal plants,
consistent with the provisions of RA 6969
 Section 32, Establishment of LGU Materials Recovery Facility
 The MRF shall receive mixed waste for final sorting,
segregation, composting, and recycling. The resulting residual
wastes shall be transferred to a long-term storage or disposal
facility or sanitary landfill.
 Section 40. Criteria for siting a sanitary landfill
 Accessible from major roadways or thoroughfares - Should have
an adequate quantity of earth cover material that is easily
handled and compacted - Must be located in an area where the
landfill's operations will not detrimentally affect
environmentally sensitive resources such a aquifer,
groundwater reservoir, or watershed area-Should be large
enough accommodate the community's wastes for a period of 5
years

Presidential Decree 856: Sanitation Code


 Section 13. To protect drinking water from contamination, the
following measures shall be observed:
 Washing clothes or bathing within a radius of 25 meters from
any well or other source of drinking water is prohibited
 No artesian, deep or shallow well shall be constructed within
25 meters from any source of pollution
 No radioactive sources or materials shall be stored within a
radius of 25 meters from any well or source of drinking water
unless the radioactive source is adequately and safely enclosed
by proper shielding
 Section 25. Septic tanks.
 Where a public sewerage system is not available, sewer
outfalls from residences, schools and other buildings shall be
discharged into a septic tank to be constructed in accordance
with the following minimum requirements

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 It shall generally be rectangular in shape-It shall be built


of concrete, whether pre-cast or poured in place
 it shall not be constructed under any building and within
25 meters from any source of water supply
 Section 90. Burial ground requirements.
 A burial ground should be at least 25 meters distant from any
dwelling house and no house shall be constructed within the
same distance from any burial ground - No burial ground shall
be located within 50 meters from either side of a river or
within 50 meters from any source of water supply
 Section 90. Burial requirements.
 Graves where remains are buried shall be at least one and a
half meters deep and filled well and firmly

Republic Act 7916: Special Economic Zone


 Section 4. Definition of Terms
 Special Economic Zones - ECOZONE, selected areas with highly
developed or which have the potential to be developed into
agroindustrial industrial, tourist/recreational, commercial,
banking, investment and financial centers. An ECOZONE may
contain any or all of the following
 Industrial Estates (IEs)
 Export Processing Zones (EPZs)
 Free Trade Zones, and
 Tourist/Recreational Centers.
 Industrial Estate - tract of land subdivided and developed according
to a comprehensive plan under continuous a unified management and
with provisions for basic infrastructure and utilities, with or without
pre-built standard factory buildings and community facilities for the
use of the community of industries.
 Export Processing Zone a specialized Industrial estate located
physically and/or administratively outside customs territory
predominantly oriented to export production. Enterprises located in
export processing zones are allowed to import capital equipment and
raw materials free from duties, taxes and other import restrictions
 Free Trade Zone an isolated policed area adjacent to a port of entry
(as a seaport) and/or airport where imported goods may be unloaded
for immediate transshipment stored, repacked, sorted, mixed, or
otherwise manipulated without being subject to import duties
 Section 6. Criteria for the establishment of Ecozones
 the proposed area must be identified as a regional growth
center in the Medium Term Philippine Development Plan or by
the Regional Development Council;

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 The existence of required infrastructure in the proposed


ECOZONE, such as roads, railways, telephones, ports, airports,
etc., and the suitability and capacity of the proposed site to
absorb such improvements.
 The availability of water source and electric power supply for
use of the ECOZONE,
 The extent of vacant lands available for industrial and
commercial development and future expansion of the
ECOZONE as well as of lands adjacent to the ECOZONE
available for development of residential areas for the
ECOZONE workers.
 The availability of skilled, semi-skilled and non-skilled
trainable labor force in and around the ECOZONE.
 The area must have significant incremental advantage over the
existing economic zones and its potential profitability can be
established.
 The area must be strategically located; and
 The area must be situated where controls can easily be
established to curtail smuggling activities.

DAO 31. Series of 1996: Environmental Impact Statement System


 Environmental Impact Assessment (EIA)- the process of predicting the
likely environmental consequences of implementing projects or
undertakings and designing appropriate preventive. mitigating and
enhancement measures.

 Environmental Impact Statement (EIS) - the document(s) of studies on


the environmental impacts of a project including the discussions on
direct and indirect consequences upon human welfare and ecological
and environmental integrity. The EIS shall contain all relevant
information and details about the proposed project or undertaking,
including the environmental impacts of the project and the
appropriate mitigating and enhancement measures

 Environmental Compliance Certificate (ECC) the document issued by


the DENR Secretary or the Regional Executive Director certifying that
based on the representations of the proponent and the preparers, as
reviewed and validated by the EIARC, the proposed project or
undertaking will not cause a significant negative environmental
impact; that the proponent has complied with all the requirements of
the EIS System and that the proponent is committed to implement its
approved Environmental Management Plan in the Environmental
Impact Statement or mitigation measures in the Initial Environmental
Examination.

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 Initial Environmental Examination (IEE) - the document required of


proponents describing the environmental impact of, and mitigation
and enhancement measures for, projects or undertakings located in
an ECA.

 Environmentally Critical Area (ECA) an area that in environmentally


sensitive and so listed under PresidentialmProclamation (Pres Proc.)
No 2146, Series of 1981 as well as other areas which the President of
the Philippines may proclaim as environmentally critical

 Environmentally Critical Project (ECP) a project that has high


potential for significant negative environmental impact and is listed
as such under Pres. Proc. No 2146 Series of 1981 and Pres. Proc
No 803, Series of 1996, as well as other projects which the President
may proclaim as environmentally critical
 Section 1. Coverage Environmentally Critical Projects (ECPs)
 Heavy Industries
 Non-ferrous industries
 Iron and steel mills
 Petroleum and petro-chemical industries, including oil
and gas
 Smelting plants
 Resource extractive industries
 Major mining and quarrying projects
 Forestry projects
 Logging
 Major wood processing projects
 Introduction of fauna (exotic animals) in
 public/private forests e.i. Forest occupancy
 Extraction of mangrove products
 Grazing
 Fishery projects
 Dikes for/and fishpond development projects
 Infrastructure projecte
 Major dams
 Major power plants (fossil-fueled, nuclear fueled,
hydroelectric,or geothermal)
 Major reclamation projects
 Major roads and bridges
 Golf course projects

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Projects located in Environmentally Critical Areas (ECA)


1. All areas declared by law as national parks, watershed reserves, wildlife
preserves. and sanctuaries
2. Areas set aside as aesthetic potential tourist spot
3. Areas which constitute the habitat for any endangered or threatened
species of indigenous Philippine wildlife (flora and fauna)
4. Areas of unique historic archaeological or scientific interest
5. Areas which are traditionally occupied by cultural communities or tribes
(indigenous cultural communities)
6. Areas frequently visited and/or hard-hit by natural calamities (geologic
hazards, floods, typhoons, volcanic activity, etc)
7. Areas with critical slopes
8. Areas classified as prime agricultural lands
9. Recharged areas of aquifers
10. Water bodies characterized by one or any combination of the following
conditions:
a) tapped for domestic purposes
b) within the controlled and/or protected areas declared by appropriate
authorities
c) which support wildlife and fishery activities
11. Mangrove areas characterized by one or any combination of the following
conditions:
a) with primary pristine and dense young growth
b) adjoining mouth of major river systems
c) near or adjacent to traditional productive fry or fishing grounds
d) which act as natural buffers against shore erosion, strong winds and
storm floods
e) on which people are dependent for their livelihood it
12. Coral reefs characterized by one or any combination of the following
conditions:
a) with fiftyy percent (50%) and above live coralline cover
b) spawning and nursery grounds for fish
c) which act as natural breakwater of coastlines

 Section 2. Noncoverage
The following projects and undertakings are not covered by the EIS
System
1. Projects which are not considered as environmentally critical
or located within an ECA:
2. ECPs or projects within ECAs which were operational prior to
1982 except in cases where their operations are expanded in
terms of daily production capacity or area, or the process is
modified.

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3. Countryside business and barangay entities (CBBEs) covered by


Republic Act No 6810, otherwise known as the Magna Carta for
Countryside and Barangay Business Enterprises (Kalakalan 20),
and registered with the Department of Trade and Industry
between 1991 to 1994, inclusive. Provided that, unless
otherwise amended by law, noncoverage of such CEBES shall
only subsist for a five (5)-year period beginning from its date of
registration

 Section 3. EIS/IEE for Covered Projects or Undertakings


 If a project is considered an ECP, the proponent shall be
required to prepare an EIS. If the project is located within an
ECA the proponent shall be required to submit an IEE, without
prejudice to the submission of an EIS as may be further
required by the RED In the alternative the proponent of a
project within an ECA may, at its option, submit an E25 as
provided in Section 29, Article III-If a project or undertaking is
an ECP located within an ECA. the procedure for submission of
an EIS for ECPs under Article III (A) shall be observed.

Republic Act 8371: Indigenous People's Right Act of 1997


 Section 3. Definition of Terms
o Ancestral Domains - all areas belonging Indigenous Cultural
Peoples Communities/Indigenous (ICC/IPs) comprising lands,
waters, coastal areas, and resources therein, held under a
claim of ownership, occupied or possessed by ICC/IPs,
themselves or through their ancestors communally or
individually since time immemorial
o Ancestral Lands - land occupied, possessed and utilized by
individuals, families and clans who are members of the
ICCS/IPs since time immemorial
o Time immemorial - a period of time when as far back as
memory can go
 Section 4 Concept of Ancestral Lands/domain
o Ancestral lands/domains shall include such concepts of
territories which cover not only the physical environment but
the total environment including the spiritual and cultural
bonds to the area which the ICC/IPs possess, occupy and use
and to which they have claims of ownership.
 Section 5. Indigenous concept of ownership
o Indigenous concept of ownership sustains the view that
ancestral domains and all resources found therein shall serve
as the material bases of their cultural integrity. The indigenous
concept of ownership generally holds that ancestral domains

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are the ICC/IP's private but community property which belongs


to all generations and therefore cannot be sold, disposed or
destroyed
 Section 7. Rights to ancestral domains
o Rights of ownership
o Right to develop lands and natural resources
o Right to stay in the territories Right in case of displacement
o Right to regulate entry of migrants
o Right to safe and clean air and water
o Right to claim parts of reservations
o Right to resolve conflict
 Section 8 Rights to ancestral lands - Right to transfer land/property -
Right to redemption
 Section 9. Responsibilities of ICCs/IPs to their ancestral domains
o Maintain ecological balance
o Restore denuded areas
o Observe laws
 Section 11. Recognition of ancestral domain rights
o The rights of ICCS/IPs to their ancestral domains by virtue of
Native Title shall be recognized and respected. Formal
recognition when solicited by ICC/IPs concerned shall be
embodied in a Certificate of Ancestral Domain Title (CADT),
which shall recognize the title of the concerned ICC/IPs over
the territories identified and delineated
 Section 13. Self-governance
o The State recognizes the inherent right of ICCs/IPs to self-
governance and self determination and respects the integrity
of their values, practices and institutions Consequently, the
state shall guarantee the right of ICCs/IPs to freely pursue
their economic, social and cultural development.
 Section 16. Right to participate in decision making
o ICCS/IPs have the right to participate fully, if they so choose,
at all levels of decision-making in matters which may affect
their rights, lives and destinies through procedures determined
by them as well as to maintain and develop their own structure
indigenous political
 Section 17. Right to determine and decide priorities for development
o The ICCa/IPs shall have the right to determine and decide their
own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the lands they own,
occupy or use. They shall participa in the formulation,
implementation and evaluation of policies, plans and programs

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for national, regional and local development which may


directly affect them
 Section 18. Tribal barangays
o The ICC/IPs living in contiguous areas of communities where
they form the predominant population but which are located in
municipalities, provinces of cities where they do not constitute
the majority of the population, may form or constitute a
separate barangay in accordance with the Local Government
Code on the creation of tribal barangays
 Section 38. National Commission on Indigenous Cultural Communities/
indigenous Peoples (NCIP)
o To carry out the policies herein set forth, there shall be
created the National Commission on ICCs/ IPs (NCIP), which
shall be the primary government agency responsible for the
formulation and implementation of policies, plans and
programs to promote and protect the rights and well-being of
the ICCS/IPs and the recognition of their ancestral domains as
well as their rights thereto.
 Section 51. Delineation and Recognition of ancestral domains.
o Self-delineation shall be the guiding principle in the
identification and delineation of ancestral domains. The Sworn
Statement of the Elders as to the scope of the territories and
agreements/ pacts made with neighboring ICCa/IPs, if any, will
be essential to the determination of these traditional
territories
 Section 57. Natural resources within ancestral domains
o The ICCs/ IPs shall have priority rights in the harvesting,
extraction, development, or exploitation of any natural
resources within the ancestral domains A non-member of the
ICCS/IPs concerned may be allowed to take part in the
development and utilization of the natural resources for a
period of not exceeding twenty-five (25) years renewable for
not more than twenty-five (25) years.
 Section 58. Environmental consideration
o Ancestral domains or portions thereof, which are found to be
necessary for critical wildlife watersheds, mangroves,
sanctuaries, wilderness, protected areas, forest cover, or
reforestation as determined appropriate agencies with the full
participation of the ICCS/IPs concerned by shall be maintained,
managed and developed for such purposes. The ICCS/IPs
concerned shall be given the responsibility to maintain,
develop, protect and conserve such areas with the full and
effective assistance of government agencies.

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 Section 60. Exemption from taxes


o All lands certified to be ancestral domains shall be exempt
from real property taxes, special levies, end other forma of
exaction except such portion of the ancestral domains as are
actually used for large-scale agriculture, commercial forest
plantation and residential purposes or upon titling by private
persona: Provided. That all exactions shall be used to facilitate
the development and improvement of the ancestral domains
 Section 65. Primary and customary laws and practices
o When disputes involve ICCs/IPs, customary laws and practices
shall be used to resolve the dispute.
 Section 66. Jurisdiction of the NCIP .
o The NCIP, through its regional offices, shall have jurisdiction
over all claims and disputes involving rights of ICC/IPs:
Provided, however, that no such dispute shall be brought to
the NCIP unless the parties have exhausted all remedies
provided under their customary laws. For this purpose, a
certification shall be issued by the Council of Elders/Leaders
who participated in the attempt to settle the dispute that the
same has not been resolved, which certification shall be a
condition precedent to the filing of a petition with the NCIP

Republic Act 9593: Tourism Act of 2009


 Section 25. Reorganization of Offices
o The Philippine Tourism Authority is reorganized as the Tourism
Infrastructure and Enterprise Zone Authority (TIEZA). The
Philippine Convention and Visitors Corporation is reorganized
as the Tourism Promotions Board (TPB)
 Section 28. Attached Agencies and Corporations
o TPB
o TIEZA
o Duty Free Philippines Corporation
o Intramuros Administration
o National Parks Development Committee
o Nayong Pilipino Foundation
o Philippine Retirement Authority
o Philippine Commission on Sports Scuba Diving
 Section 33 NIPAS and the National Ecotourism Policy
o The Department, in coordination with the DENR, shall identify
areas covered by the NIPAS with ecotourism potentials and
cultural heritage value, and prepare policies, plans and
programs for their development, preservation, operation and
conversion into Tourism Enterprise Zones

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 Section 34. Tourism Infrastructure Program


o DOT shall coordinate with the DPWH and the DOTC in the
establishment of a tourism infrastructure program identifying
vital access roads, airports, seaports and other infrastructure
requirements in identified tourism areas.
 Section 35. Coordination between National and Local Governments
o DOT, DILG and LGUS shall integrate and coordinate local and
national plans for tourism development.
 Section 37. Local Tourism Development Planning
o LGUs, in consultation with stakeholders, are encouraged to
utilize their powers to ensure the preparation and
implementation of a tourism development plan that integrate
zoning, land use, infrastructure development, etc).
 Section 42. Tourism Officers
o Every province, city or municipality in which tourism sa
significant industry shall have a permanent position for a
tourism officer. He or she shall be responsible for preparing,
implementing, and apdating local tourism development plans
and for enforcing laws, rules and regulations
 Section 59. Tourism Enterprise Zones
o Any geographic area with the following characteristics may be
designated as TEZ:
a) The area is capable of being defined into one contiguous
territory
b) It has historical and cultural significance, environmental
beauty, or existing or potential integrated leisure
facilities within its bounds or within reasonable
distances from it.
c) It has or it may have strategic access through
transportation infrastructure, and reasonable
connection with utilities infrastructure systems
d) It is sufficient in size, such that it may be further
utilized for bringing in new investments in tourism
establishments and services; and
e) It is in a strategic location such as to catalyze the socio
economic development of neighboring communities
 Section 60. Designation of TEZs
o The TIEZA shall designate TEZS upon the recommendation of
any LGU or private entity, or through joint ventures between
the public and the private sectors.
 Section 61. Development Planning
o Each application for designation as a TEZ shall be accompanied
by a development plan (which shall be consistent with the

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principles of economic, cultural and environmentally


sustainable tourism development).No TEZ shall be designated
without a development plan duly approved by the TIEZA, and
without the approval by resolution of the LGU concerned.
o Lands identified as part of a TEZ shall qualify for exemption
from the coverage of RA 7279 (UDHA) and RA 6657 (CARLA
subject to rules and regulations to be crafted by the TIEZA,
HUDCC and DAR
 Section 62. Operation of TEZ
o The TEZ proponent shall establish a corporate entity, to be
known as the TEZ Operator, which shall administer the TEZ and
supervise its activities
 Section 63. TIEZA
o Under the supervision of the Secretary and attached to the
DOT for purposes of program and policy coordination shall be a
body corporate known as the Tourism Infrastructure Authority
and Enterprise Zone
 Section 64. Mandate
o The TIEZA shall be a body corporate which shall designate,
regulate and supervise the TEZs established under this Act, as
well as develop, manage and supervise tourism infrastructure
projects in the country
 Section 86. Fiscal Incentives Available to TEZ Operators and Tourism
Enterprises
o Income Tax Holiday - 6 years
o Gross Income Taxation - 5%
o Exemption from taxes and customs duties in capital investment
and equipment, transportation and spare parts and other goods
 Section 88. Incentives available to tourism enterprises outside of TEZs
o Omnibus Investments Code Foreign Investments Act Special
Economic Zone Act- Bases Conversion and Development Act

Republic Act 9229- Climate Change Act


 The law which was enacted on July 21, 2009 was primarily conceived
as the country's response to the worldwide phenomenon on climate
change.Towards the attainment of this goal, R.A. No 9729 allowed
mainstreaming of climate change into government formulation of
programs and projects, plans and strategies, and policies, creation
Climate Change Commission, and establishment of Framework
Strategy and Program for climate change.

 Mainstreaming of Climate Change into Government Policy Formulation


 R.A. 9729 calls for the State to integrate the concept of climate
change in various phases of policy formulation, development plans,

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poverty reduction strategies, and other government development


tools and techniques. This is to ensure that government plans and
actions are founded upon sound environmental considerations and
sustainable development principles. Aside from that, the government
shall take into consideration gender-sensitive, pro-children, and
pro-poor perspective as an input to its climate change efforts, plans
and programs. Likewise, the government shall encourage the
participation of the national and local government, businesses, non-
government organisations (NGOs) and local communities and public to
mitigate the adverse effects of climate change. This is to align
initiatives on climate change into a collective approach (e.g. the
disaster and risk reduction measures integrated to climate change
programs and initiatives).
 Creation of Climate Change Commission. The Climate Change
Commission (CCC), an attached agency to the Office of the President,
was created as the lead policy making body on concerns related to
climate change The CCC is tasked to coordinate, formulate, and
monitor and evaluate programs and actions on climate change.
 Ultimately, the CCC's primary goal is to formulate the National
Framework Strategy on Climate Change which shall serve as basis in
formulating and developing programs on climate change planning,
research and development (R&D), and monitoring of activities.
Further, the CCC supports capacity building activities of and provides
technical and financial assistance extension to agencies and
institutions. It also recommends key development investment areas
on climate-sensitive sectors such as water resources, agriculture, and
forestry.
 Definition of Terms Adaptation" refers to the adjustment in natural or
human systems in response to actual or expected climatic stimuli or
their affects, which moderates harm or exploits beneficial
opportunities
 Adaptive capacity" refers to the ability of ecological, social or
economic systems adjust to climate change including climate
variability and extremes, to moderate or offset potential damages
and take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof
 "Anthropogenic causes" refer to causes resulting from human
activities or produced by human beings.
 "Climate Change" refers to 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.

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 "Climate Variability" refers to the variations in the average state


and in other statistics of the climate on all temporal and spatial
scales beyond that of individual weather events
 "Climate Risk" refers to the product of climate and related hazards
working over the vulnerability of human and natural ecosystems
 "Disaster" refers to a serious disruption of the functioning of a
community or a society involving widespread human, material,
economic or environmental losses and Impacts which exceed the
ability of the affected community or society to cope using its own
resources.
 "Disaster risk reduction" refers to the concept and practice of
reducing disaster risks through systematic efforts to analyze and
manage the causal factors of disasters, including through reduced
exposure to hazards, lessened vulnerability of people and
property, wise management of land and the environment, and
improved preparedness for adverse events.
 "Gender mainstreaming" refers to the strategy for making women's
as well as men's concerns and experiences and 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.
 "Global Warming" refers to the increase in the average
temperature of the Earth's near-surface air and oceans that is
associated with the increased concentration of greenhouse gases
in the atmosphere.
 "Greenhouse effect" refers to the process by which the absorption
of infrared radiation by the atmosphere warms the Earth.
 "Greenhouse gases (GHG)" refers to constituents of the
atmosphere that contribute the greenhouse effect to including,
but not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
 "Mainstreaming" refers to the integration of policies and measures
that address climate change into development planning and
sectoral decision-making.
 “Mitigation" in 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 potential" shall refer to the scale of GHG reductions
that could be made, relative to emission baselines, for a given

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level of carbon price (expressed in cost per unit of carbon dioxide


equivalent emissions avoided or reduced).
 "Sea level rise" refers to 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.
 "Vulnerability" refers to the degree to which a system is
susceptible to, or unable to cope with, adverse effects of climate
change, including climate variability and extremes. Vulnerability
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.
 The National Framework Strategy on Climate Change (NFSCC) was
established to serve as the roadmap for national programs and plans
towards more climate risk-resilient Philippines Its main goal is to
build the communities, increase the resilience of adaptive capacity of
natural ecosystems to climate change, and optimize mitigation
opportunities towards sustainable development. As a principle, NFSCC
serves as the framework for the formulation of climate change action
plans both at the national and local level.

Philippine Disaster Reduction and Management Act (RA 10121)


 The Act shifted the policy environment and the way the country deals
with disasters from mere response to preparedness. RA 10121
provides a comprehensive, all hazard, multi-sectoral, inter-agency,
and community-based approach to disaster through the formulation
of the National Disaster Risk Management Framework.
 A National Disaster Risk Management Plan (NDRMP) is being
formulated, developed, and implemented as the master plan that will
provide the strategies, organization, tasks of concerned agencies and
local government units, and other guidelines in dealing with disasters
or emergencies. Through this plan, a coherent, integrated, efficient,
and responsive disaster risk management at all levels will hopefully
be achieved.
 The law also promotes the development of capacities in disaster
management at the individual, organizational, and institutional
levels. A very important feature of this law is its call for the
mainstreaming of disaster risk reduction in physical and land-use
planning, infrastructure, environment, education, housing, and
budget, health, other sectors.
 RA 10121 also recognizes local risk 1012 risk patterns and trends and
decentralization of resources and responsibilities and thus encourages
the participation of NGOs, private sectors, community-based

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organizations, and community members in disaster management. It


inhibits the full participation of the Local Government Units (LGUs)
and communities in governance. The approach tends to be "response
oriented" or "reactive." This is evidenced by the widespread emphasis
on post-disaster relief and short-term preparedness, such as
forecasting and evacuation, rather than on mitigation and post-
disaster support for economic recovery.
 Moreover, the Act mandates the establishment of a Disaster Risk
Reduction and Management Office (DRRMO) in every province, city
and municipality, and a Barangay Disaster Risk Reduction and
Management Committee (BDRRMC) in every barangay.
 The Strategic National Action Plan on Disaster Risk Reduction for
2009-2019 aims to enhance the capacities of Local Disaster Risk
Reduction and Management Councils.
 Finally, RA10121 provides for the calamity fund to be used in support
of disaster risk reduction or mitigation, prevention, and preparedness
activities for the potential occurrence of disasters and not just for
response, relief, and rehabilitation efforts

Republic Act 6957, as amended by RA 7718 Build Operate Transfer


(BOT) Law

 It is the policy of the State to encourage the private sector as the


nation's main engine for growth and development to engage in or
undertake the financing, construction, operation and maintenance of
the private sector infrastructure and development projects, as
hereunder defined. Towards this end, the Government shall provide
appropriate incentives, such as, but not limited to, financial
incentives as provided by law, a climate of minimum regulations and
procedures, and specific government undertakings in support of the
private sector.
i. Build-and-transfer (BT) - A contractual arrangement whereby the
project proponent undertakes the financing and construction of a
given infrastructure or development facility and after its completion
turns it over to the government agency or local government unit
concerned, which shall pay the proponent on an agreed schedule its
total investment expended on the project, plus a reasonable rate of
return thereon. This arrangement may be employed in the
construction of any infrastructure or development projects, including
critical facilities which, for security or strategic reasons, must be
operated directly by the Government.
ii. Build-lease-and-transfer (BLT) - A contractual arrangement whereby a
project proponent is authorized to finance and construct an
infrastructure or development facility and upon its completion turns

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it over to the government agency or local government unit concerned


on a lease arrangement for a fixed period, after which ownership of
the facility is automatically transferred to the government agency or
local government unit concerned.
iii. Build-operate-and-transfer (BOT) - A contractual arrangement
whereby the project proponent undertakes the construction,
including financing, of a given infrastructure facility, and the
operation and maintenance thereof. The project proponent operates
the facility over a fixed term during which it is allowed to charge
facility users appropriate tolls, fees, rentals, and charges not
exceeding those proposed in its bid or as negotiated and incorporated
in the contract to enable the project proponent to recover its
investment, and operating and maintenance expenses in the project.
The project proponent transfers the facility to the government
agency or local government unit concerned at the end of the fixed
term that shall not exceed fifty (50) years. This shall include supply-
and-operate situation which is a contractual arrangement whereby
the supplier of equipment and machinery for a given infrastructure
facility, if the interest of the Government requires, operates the
facility providing in the process technology transfer and training to
Filipino nationals
iv. Build-own-and-operate (BOO) - A contractual arrangement whereby a
project proponent is authorized to finance, construct, own, operate
and maintain an infrastructure development facility from which the
proponent is allowed to recover its total investment, operating and
maintenance costs plus a reasonable return thereon by collecting
tolls, fees, rentals or other charges from facility users. Under this
project, the proponent who owns the assets of the facility may assign
its operation and maintenance to a facility operator
v. Build-transfer-and-operate (BTO) A contractual arrangement whereby
the public sector contracts out the building of an infrastructure
facility to private entity such that the contractor builds the facility
on a turn-key basis, assuming cost overruns, delays, and specified
performance risks. Once the facility is commissioned satisfactorily,
title is transferred the implementing agency. The private entity
however operates the facility on behalf of the implementing agency
under an agreement.
vi. Contract-add-and-operate (CAO) - A contractual arrangement
whereby the project proponent adds to an existing infrastructure
facility which it is renting from the Government and operates the
expanded project over an agreed franchise period. There may or may
not be a transfer arrangement with regard to the added facility
provided by the project proponent.

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vii. Develop-operate-and-transfer (DOT) - A contractual arrangement


whereby favorable conditions external to a new infrastructure project
which is to be built by a private project proponent are integrated into
the arrangement by giving that entity the right to develop adjoining
property, and thus, enjoy some of the benefits the investment
creates such as higher property or rent values.
viii. Rehabilitate-operate-and-transfer (ROT) - A contractual arrangement
whereby an existing facility is turned over to the private sector to
refurbish, operate and maintain for a franchise period, at the expiry
of which the legal title to the facility is turned over to the
Government. The term is also used to describe the purchase of an
existing facility from abroad, importing, refurbishing, erecting and
consuming it within the host country.
ix. Rehabilitate-own-and-operate (ROO) A contractual arrangement
whereby an existing facility is turned over to the private to refurbish
and operate with no time limitation imposed on ownership. As long as
the operator is not in violation of its franchise, it can continue to
operate the facility in perpetuity

Republic Act 9184: Government Procurement Reform Act Procurement.


 It refers to the acquisition of goods, consulting services, and the
contracting for infrastructure projects by the procuring entity. In
case of projects involving mixed procurements, the nature of the
procurement, i.e., goods, infrastructure projects, or consulting
services, shall be determined based on the primary purpose of the
contract. Procurement shall also include the lease of goods and real
estate. With respect to real property, its procurement shall be
governed by the provisions of R.A. 8974 and other applicable laws,
rules and regulations.
 Principles of Procurement:
o Transparency in the procurement process and in the
implementation of procurement contracts through wide
dissemination of bid opportunities and participation of
pertinent non-government organizations
o Competitiveness by extending equal opportunity to enable
private contracting parties who are eligible and qualified to
participate in public bidding
o Streamlined procurement process that will uniformly apply to
all government procurement. The procurement process shall
be simple and made adaptable to advances in modern
technology in order to ensure an effective and efficient
method.
o System of accountability where both the public officials
directly or indirectly involved in the procurement process as

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well as in the implementation of procurement contracts and


the private parties that deal with GOP are, when warranted by
circumstances, investigated and held liable for their actions
thereto.
o Public monitoring of the procurement process and the
implementation of awarded contracts with the end in view of
guaranteeing that these contracts are awarded pursuant to the
provisions of the Act and this IRR, and that all these contracts
are performed strictly according to specifications

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Lesson 4

 Environmental Treaties

Aside from laws enacted in the country, the Philippines adheres to


the international agreements where it is a signatory. These treaties are
either bilateral or multilateral in character depending upon the intent of
the parties. The importance of these treaties is to corroborate, collaborate
and coordinate with other states with regard to the issues and concerns
affecting their jurisdiction.

1. Convention for the Prevention of Pollution of the Sea by Oil, 1962


 Seeking to prevent ocean pollution by oil discharged from ships, this
pact limits discharges of oil-contaminated wastes. It allows
exceptions for discharges with low levels of oil contamination; and
for tankers that discharged only a small percentage of their total
cargo-carrying capacity of released oil-contaminated ballast more
than 80 kilometers from the nearest land. Although later pacts would
be more stringent, in the context of its time, this agreement
represents a significant international commitment to reduce oil
pollution from oceangoing vessels.

2. The Ramsar Convention, 1971


 The Convention on Wetlands, signed in Ramsar, Iran, provides the
framework for national action and international cooperation for the
conservation and wise use of wetlands and their resources.
Eventually, there will be 158 contracting parties to the convention
and 1,743 protected wetland sites - totaling 181 million hectares -
designated for inclusion in the Ramsar List of Wetlands of
International Importance.

3. MARPOL, 1973
 The MARPOL Convention is a major international pact to prevent
pollution of the marine environment, from operational or accidental
causes, by ships. The International Convention for the Prevention of
Pollution from Ships (MARPOL), signed at the international Maritime
Organization, addresses oil pollution, but also covers pollution from
chemicals, packaged harmful substances, sewage and garbage. The
pact will be updated substantively by a 1978 protocol at a conference
held in response to a series of tanker accidents in 1976 and 1977. In
the 21st century, MARPOL agreement, will remain regularly dynamic
updated documents called "annexes." By

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4. CITES, 1973
 The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES), one of the earliest international agreements
addressing the plight of endangered species, is adopted in
Washington, with the United States as one the 21 original signatories.
More than 170 nations will become parties to CITES. The convention
protects at-risk species through restrictions on commerce. Its control
of international trade in species in danger of extinction relies on
signatory nations adopting and enforcing export and import
restrictions. CITES allows for trade listed species if such trade is not
detrimental to a species' survival.

5. Transboundary Air Pollution, 1979


 This agreement encourages scientific collaboration and policy
negotiation to target air pollution that spreads from its source into
the atmosphere. It will be extended by eight protocols that identify
specific measures to cut emissions of air pollutants
 The aim of the convention, which in 2008 will have 51 parties, is to
limit and gradually reduce and prevent air pollution, especially long-
range air pollution that crosses national borders. Parties to the
convention commit to developing policies and strategies on
information exchange, consultation, research and monitoring combat
the discharge of air pollutants.
 Transboundary pollution is the pollution that originates in one country
but is able to Case damage in another country's environment, by
crossing borders through pathways like water or air. Pollution can be
transported across hundreds and even thousands of kilometers

6. Montreal Protocol, 1987


 The Montreal Protocol on Substances that Deplete the Ozone Layer
calls for phasing out production and consumption of compounds that
deplete ozone in the stratosphere - chlorofluorocarbons, halons,
carbon tetrachloride and methyl chloroform. This will be
accomplished in 2000 for most of the listed substances and in 2004
for methyl chloroform. The agreement, eventually ratified by 191
countries, will help cut production of ozone-depleting chemicals from
more than 1.8 million metric tons in 1987 to 83,000 metric tons at
the end of 2005.

7. The Basel Convention on the Control of Transboundary Movements of


Hazardous Wastes and Their Disposal
 It is the world's most comprehensive pact on hazardous wastes. Its
170 signatories aim to protect human health and the environment
from adverse effects of generation, management, shipment and
disposal of hazardous wastes.

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 In the late 1980s, when regulations in industrialized countries


increased the cost of hazardous waste disposal, so-called "toxic
traders" began shipping hazardous waste to developing countries and
to Eastern Europe International outrage about this practice led the
drafting and adoption of this convention

8. Basel Convention, 1989


 This agreement, adopted at the 1992 Earth Summit in Rio de Janeiro,
Brazil, is part of a comprehensive strategy for sustainable
development -- meeting the needs of the current generation of
human beings while ensuring a healthy and viable world for future
generations.

9. Convention on Biological Diversity, 1992


 In this pact, most of the world's governments commit to maintaining
the world's ecological underpinnings while pursuing economic
development. The convention sets three main goals: conservation of
biological diversity, sustainable use of plant and animal species, and
equitable sharing of benefits from the use of genetic resources.

10. UN Framework Convention on Climate Change, 1992


 This convention, another initiative from the 1992 Earth Summit, sets
an overall framework for intergovernmental efforts to meet the
challenge of climate change. It recognizes the climate system is a
shared resource whose stability can be affected by emissions of
carbon dioxide and other greenhouse gases.
 The convention enjoys near universal membership: 192 signatories.
 Countries agree to collect and share data a greenhouse gas emissions,
national policies and best practices, launch national strategies for
addressing emissions; and cooperate in preparing for adaptation to
the effects of climate.

11. Effects of Industrial Accidents, 1992


 The 1992 Convention on the Transboundary Effect on Industrial
Accidents aims to protect human health and the environment from
industrial accidents by preventing them to the extent possible,
reducing their frequency and severity and mitigating their effects.
 Its parties pledge cooperation to prevent, prepare for and respond to
industrial accidents that can have international effects. The pact also
encourages international cooperation on emergency responses,
research and development and sharing of information and technology.

12. UN Convention to Combat Desertification, 1994


 Desertification was a major concern at the 1992 Earth Summit in Rio
de Janeiro, Brazil. The UN Environment Programme concluded in 1991

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that land degradation in arid, semiarid and dry subhumid areas had
intensified, although there were "local examples of success."
 The conference recommended an integrated approach that promoted
sustainable development at the community level and called for a U.N.
committee to draft an international agreement to advance that goal.
 The result is the U.N. Convention to Combat Desertification in Those
Countries Experiencing Serious Drought and/or Desertification,
Particularly in Africa.

13. Kyoto Protocol, 1997


 Parties to the Kyoto Protocol (an amendment to the U.N Framework
Convention on Climate Change) commit to reducing their emissions of
six greenhouse gases, or engage in emissions trading if they maintain
or increase emissions of these gases, which are linked to global
warming.
 The United States is not a party to this protocol, but continues to
pursue reductions in greenhouse gas emission, fund research on
climate change and promote alternative energy sources in developed
and developing nations. It also leads several international
partnerships, including the Asia-Pacific Partnership on Clean
Development and Climate, to address global warming Six main
greenhouse gases, namely:
o Carbon dioxide (CO2);
o Methane (CH4);
o Nitrous oxide (N2O)
o Hydrofluorocarbons (HFCs);
o Perfluorocarbons (PFCs), and
o Sulphur hexafluoride (SF6)

Others:
 Millennium Development Goals
 Sustainable Development Goals

 MODULE SUMMARY

Congratulations! You just finished reading the last module of this


course. In this module we focused in the concept of planning in the context
of development particularly how it operates within the country.

The lessons you learned from this module will form part of your final
examinations. Good luck and stay safe!

Module IV

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