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Decentralization and Environmental

Compliance and Enforcement in the


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

China

Luzon

PHILIPPINES

Vietnam
Thailand
Cambodia

Visayas

Malaysia

Mindanao

BORNEO
Singapore

Indonesia

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

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

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

DENR VISION

FOREST COVER
OF THE
PHILIPPINES

Administrative Jurisdiction

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

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

ORGANIZATIONAL STRUCTURE
SECRETARY

Standards setting
Policy formulation
Oversight functions

5 Undersecretaries
7 Assistant
Secretaries
Dir. MGB
1 Regional Bureau
Directors

Dir. EMB

Dir. PAWB

Dir. LMB

1 Regional Bureau
Directors

16 Regional Executive
Directors

Local Government
Units
Other Government
Agencies
Other Stakeholders

3 Regional
Technical Directors
Provincial Environment and
Natural Resources Officers
Community Environment
and Natural Resources
Officers

Implementation
Permitting
Inspection
Monitoring
Adjudication

Dir. FMB

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

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

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.

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

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

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

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

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

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

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

CHALLENGES IN THE
DECENTRALIZATION OF FUNCTIONS
AND STRENGTHENING OF
ENVIRONMENTAL COMPLIANCE AND
ENFORCEMENT

1. IEC Campaign has to be intensified. Strengthening of


information, education and communication down to the
grassroots level
a.

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

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

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;

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;

6. A Local Government Participation Action Plan that will


identify opportunities to channel technical and financial
assistance to LGUs has to be formulated;

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.

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.

Crystal Cave

Bat Cave
Dark Side of
Paradise Cave

BORACAY ENVIRONMENTAL
MASTER PLAN

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.

Thank you for your attention.