Legal and Institutional

Framework for Natural

Resources and the Environment
Natural Resources and Environmental Law
J.M. Maghopoy
What is a Framework?

Legal Framework- a broad system of rules that governs

and regulates decision-making, agreements, laws etc

Institutional Framework- The systems of formal laws,

regulations, and procedures, and informal conventions,
customs, and norms, that shape socioeconomic activity
and behavior.
-assigns responsibility and authority to various agencies
 The Legal Framework
The Philippine Constitution

National and International Laws

Administrative Issuances

Ordinances
What Institutions are Involved in
these Arrangements?
 The Institutional Framework
Insert Other Agencies anywhere

Local Government

N Units

E
D DILG DA-BFAR

A DENR

PRIVATE
 The Institutional Framework

N
E
D
A
 National Economic and
Development Agency
Lead agency for social and economic planning and
policy coordination

Oversight agency

$$$$BUDGET$$$$$ and planning

 The Institutional Framework

N
E
DENR
D
A
 Department of Environment and
Natural Resources
Primary government agency responsible for the
conservation, management, development, and proper use of
the Philippines environment and natural resources

Issuance of Policy

Oversees everything related to the countrys environment

 The Institutional Framework

N
E DA-BFAR

D DENR
A
 Bureau of Fisheries and Aquatic
Resources
Made by the Fisheries Code of 1998

Mandated to:
Enforce all laws and formulate rules governing the
conservation and management of fishery resources
Recommend fish protection measures
Develop the LGUs technical capacity for
developing, managing, regulating, conserving, and
PROTECTING fishery resource.
 The Institutional Framework

Local Government
N Units

E
D DILG DA-BFAR

A
DENR
Local Government Code of 1991
A revolution in governance which devolved
substantial powers, responsibilities, and resources
from the national to local governments

Enforces Environmental Laws more effectively

Specifically mandates the Sanggunian to legislate

ordinances that will protect the environment
(SB, SP, City Council)
 Local Ordinances
The local council has a power to enact ordinances
but should:

not contravene the Constitution or any law;

not be unfair or oppressive;
not be partial or discriminatory;
be general and consistent with public policy;
and not be unreasonable.
Department of Interior and Local
Government
Responsible for planning, implementing,
monitoring, and evaluating plans, programs, and
policies pertaining to local autonomy,
decentralization, and local governance

Enhance the capacities of LGUs

Other Important Agencies
Philippine National Police (PNP)
-enforce all law relative to life and properties
-bring offenders to justice

Department of Justice (DOJ)

-provides legal assistance in the filing/prosecution of
environmental offense cases in court
-conducts consultations with LGU on law
enforcement matters
 ROLE of CONGRESS
POLICY-MAKING
Basic policies are formulated and proposed by
Congress
Once approved, legislative committees can make
recommendations
Congress accepts inputs and critiques from
interest groups and the public
 ROLE of CONGRESS

LGUs

Other CONGRESS President

Govt
Agencies
Republic Act

People

NGOs
 Emergence of the Judiciary
More often than not, environmental laws in the
Philippines are either poorly implemented, ignored, or
maliciously violated.

It is up to the courts to make up for executive branchs

ineffectiveness

In 2010, the Supreme Court led the Philippines to become

the first nation with rules of procedure specific to
environmental cases
 Emergence of the Judiciary

Prime Example:

Oposa vs Factoran
in the name of all the children in the Philippines and
in the name of the generations yet unborn!