Decentralization and Environmental Compliance and Enforcement in the Philippines

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Decentralization and Environmental Compliance and
Enforcement in the Philippines

• LORMELYN E. CLAUDIO
• Regional Executive Director
• DENR Region 6, Western Visayas

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• An archipelago of 7,107 islands in Southeast Asia
• Located between the South China Sea on the west
  and the Philippine Sea on the east.
• Composed of the major islands of Luzon in the
  north and Mindanao in the south and the Visayan
  Islands in the middle.
• Total Population as of 2007 Census is 88,574,614
  with an annual growth rate of 2.16

China
PHILIPPINES
Vietnam
Thailand
Cambodia
Malaysia
BORNEO
Singapore
Indonesia
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• One of the 17 megadiverse countries containing
  two-thirds of the earths biodiversity
• 15,000 plant species, half are endemic
• More than 20,000 species of insects, 70 unique
• More than 105 species of amphibians
• 254 species of reptiles, 82 cannot be found
  anywhere else
• More than 500 species of birds

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MANDATE
The DENR shall be the primary government agency
responsible for the conservation, management,
development and proper use of the countrys
environment and natural resources
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DENR VISION
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FOREST COVER OF THE PHILIPPINES
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Administrative Jurisdiction

• Covers 16 Regions including Autonomous Region of
  Muslim Mindanao
• Region VI Western Visayas is located in the
  central part of the Philippines and is bounded by
  two large inter-island water bodies of Sibuyan
  and Visayan Seas.
• Total land area is 2,022,311 hectares
• Population as of 2007 Census is 88,574,614

PHILIPPINES
Region I
Region II
CAR
Region III
Region IV-A
NCR
Region V
Region IV-B
Region VIII
Region VI
Region VII
Region X
Region XIII
Region IX
Region XI
ARMM
Region XII
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• ORGANIZATIONAL STRUCTURE

SECRETARY

• Standards setting
• Policy formulation
• Oversight functions

5 Undersecretaries
7 Assistant Secretaries
Dir. MGB
Dir. EMB
Dir. PAWB
Dir. LMB
Dir. FMB
1 Regional Bureau Directors
1 Regional Bureau Directors
16 Regional Executive Directors
3 Regional Technical Directors
Local Government Units
Provincial Environment and Natural Resources
Officers

• Implementation
• Permitting
• Inspection
• Monitoring
• Adjudication

Other Government Agencies
Community Environment and Natural Resources
Officers
Other Stakeholders
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LAWS

• Executive Order 192 Reorganization of the DENR
• Presidential Decree 705 Revised Forestry Code
• Commonwealth Act 141 Public Land Act
• Republic Act 6969 - Toxic Substances, Nuclear
  and Hazardous Waste Control Act
• Republic Act 8749 - Clean Air Act
• Republic Act 9003 - Ecological Solid Waste
  Management Act

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LAWS

• Presidential Decree 1586 Philippine EIS System
• Republic Act 9275 - Clean Water Act
• Republic Act 7586 National Integrated
  Protected Areas System Act
• Republic Act 9072 National Caves and Cave
  Resources Management and Protection Act
• Republic Act 9147 Wildlife Resources
  Conservation and Protection Act
• Executive Order 533 Integrated Coastal
  Management

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Environmental Compliance

• The compliance of regulated communities to
  environment and natural resources (ENR) laws has
  improved for the past two decades.
• Pursuant to Philippines EIS System (PD 586),
  projects are required to secure Environmental
  Compliance Certificate (ECC).
• Installations which generate air emissions and
  wastewater discharges are mandated by the Clean
  Air Act (Republic Act No. 8749) and Clean Water
  Act (RA 9275) to secure permits.

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Environmental Compliance

• Handling and disposal of solid and hazardous
  wastes generated by operations of both public and
  private entities are covered by Ecological Solid
  Waste Management Act (RA 9003) and Toxic
  Substances, Nuclear and Hazardous Waste Control
  Act ( RA 6969).
• Permitting and clearance system for EMB-carried
  out laws decentralized for almost a decade
  already

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Compliance Monitoring

• Operationalization of ECC compliance multipartite
  monitoring teams
• Projects constructed without ECC, clearances and
  permit
• Multi-Forest Protection Committee, Bantay Bukid
• 1 forest protection officer/forest guard for
  every 6,000 hectares of forest land
• Inadequate road networks, inadequate logistics,
  threats posed by insurgents

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Compliance Monitoring

• Forests, wetlands and foreshore areas illegally
  occupied
• Illegal transport of forest products
• Protected Areas Management Boards (DENR, LGUs,
  POs,NGOs)
• Protected Areas Superintendent
• Wildlife Enforcement Officer, Cave and Wildlife
  Enforcement Officer

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Compliance Monitoring

• Coastal Law Enforcement Alliance in Region 6
  (CLEAR) with PCG, PPA, MARINA, BFAR, NICA, PNP
  Maritime Command, DILG
• Wildlife flora and fauna illegally traded

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Enforcement Response
Preliminary hearings are done at the CENRO level,
the Legal Division of the DENR Regional Office
and FMS handle the preparation of Orders and
Decisions on violation of laws on forestry and
land management

• Notice of Adverse Findings (PD 1586)
• Notice of Violation (RA 8749, RA 9275)
• Pollution Adjudication Board (PAB) for air and
  water pollution
• Adjudication of pollution cases is still
  centralized

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Compliance Monitoring

• Ecowatch Program firms color-coded according to
  record of compliance with environmental
  regulations
• Gold and silver ratings entitle a firm to
  incentives-technical assistance or relaxation of
  certain reportorial requirements
• Black rating means that the firm will be under
  strict agency scrutiny

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Compliance Monitoring

• Closer alliance with the Judiciary
• Creation of 117 Special Environmental Courts
  called Green Courts
• Assistance of Law Students under the Green Legal
  Army
• Environmental Ombudsman
• Provision of insurance coverage for forest
  guards/rangers ENR enforcement officers, Bantay
  Gubat members

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CHALLENGES IN THE DECENTRALIZATION OF FUNCTIONS
AND STRENGTHENING OF ENVIRONMENTAL COMPLIANCE AND
ENFORCEMENT
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1. IEC Campaign has to be intensified.
Strengthening of information, education and
communication down to the grassroots level

• Conduct of DENR Peoples Day
• by the DENR Field Offices

• Bring DENR services closer to the people
• holding consultation desks
• orientation and lectures
• provision of seedlings
• patent processing and issuance
• technical assistance

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b. The recently launched Peoples Hour Program
is gaining positive feedback from stakeholders,
thus, has to be continued nationwide

• Focused on problem solving of the concerns or
  issues raised by the people
• Considered as a measure on the extent of
  enforcement and monitoring of environmental
  compliance

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2. Assessment of the performance of the Regional
Offices in carrying out the delegated functions
pursuant to the Manual of Approvals may be done
to improve further the delivery of services at
the field level
3. Updating of databases and application of
advance information technology and systems have
to be undertaken to ensure better environmental
monitoring, planning and decision-making
4. Standardized checklists should be developed to
use in inspection of activities and projects on
forestry, protected areas, wildlife and land
management
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5. Forms on Notice of Violation and technical
hearing/ conference have to be used and issued
immediately upon detection and occurrence of
violation against forestry, land management,
protected areas and wildlife laws and regulations
to facilitate expeditious legal action against
offenders
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6. A Local Government Participation Action Plan
that will identify opportunities to channel
technical and financial assistance to LGUs has to
be formulated
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7. Preparation of Environmental Master Plan
particularly on small islands has to be pursued
in collaboration with the LGUs and pertinent
government agencies and other entities.
Geohazard assessment has to be completed to serve
as input to the EMP, Comprehensive Land Use Plan
and Disaster Preparedness and Risk Management
Plan of the LGUs.
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Preparation of geo-hazard maps for all
municipalities of Region 6 at the end of 2010.
This will facilitate the preparation of Disaster
Risk Management Plan for all municipalities and
inclusion of geological and hydro-geological
characteristics of the different municipalities
in the preparation and/or updating of their
respective Comprehensive Land Use Plan.
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BORACAY ENVIRONMENTAL MASTER PLAN
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• 8. The DENR Regional Offices have to expedite the
  preparation of General Management Plans for PAs
  and EMB Central and Regional Offices have to
  expedite the establishment of airsheds and Water
  Quality Management Areas (WQMAs) to draw greater
  participation and commitment of stakeholders
  particularly the LGUs in the protection of the
  PAs, airsheds and WQMAs. With GMPs and Action
  Plans for airsheds and WQMAs, economic
  instruments could be applied and special funds
  generated to ensure sustainable monitoring and
  enforcement.

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• Thank you for your attention.