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I.

Philippine Policies on Upland Governance

1. 1987 Philippine Constitution- It is stated that the state has jurisdiction over all the islands
and waters within the national territory. The state has full control on the exploration,
development and utilization of natural resources. Furthermore, it is stated in Article VIII,
Sec. 4-8 (Agrarian and Natural Resources Reform), that the State shall provide land reform
programs protecting the rights of farmers and regular farmworkers who are landless.
2. PD 705- Forestry Reform Code of the Philippines- Decree to manage the lands within
national territory and ensure its productivity to address the needs of the increasing
population. Moreover, it looks into the optimized utilization of the forest lands and at the
same time ensuring that it is protected, rehabilitated, and developed.
3. EO 263- Community-Based Forest Management Strategy- Serves as the national strategy to
achieve sustainable forestry and social justice by taking into account the needs and
aspirations of local communities whose livelihood depends on forestlands. This gives
opportunities to participating organized communities to have access on forestland resources
under certain conditions, as well as involvement of IPs/ICCs in CBMF activities in recognition
of their rights to their ancestral domain and land rights and claims.
4. RA 7586- NIPAS Act- Policy that establishes protected areas which are remarkable and
biologically important public lands that is home to rare and endagered species of plants and
animals, biogeographic zones, and related ecosystem wether terrestrial, wetlands or marine
areas. This is for the preservation of the natural biological and physical diversities of the
environment considering the impact of human activies, such as its increasing population,
resource exploitation and industrial advancement.
5. RA 8371- IP Rights Act- In its concept of ownership, IPs have the right to its ancestral
domains and all resources encompassing it. They have the priority rights to harvest, extract,,
develop or exploit any natural resources within their domain. It is their private but
community property that belongs to all generations and therefore cannot be sold, disposed
or destroyed.
6. PD 1586- Environmental Impact Statement System- This policy of the state aims to regulate
a balance between economic growth and environmental protection. This would require
environmental impact statements in all agencies under the government, government-
owned or controlled corporations, private corporations, firms and entitties with projects
undertaken that would significantly affect the quality of environment.
7. RA 9729- Climate Change Act- Policy adopting Philippine Agenda 21 framework which
promotes sustaianble development— to fulfill human needs while maintaining the quality of
the natural environment for current and future generations. It aims to ensure that all
national and subnational policies, plans, programs and projects are founded upon sound
environmental considerations and the principle of sustainable development, by
systematically integrating the concept of climate change in the process.
8. RA 9147- Wildlife Resources Conservation and Protection Act- Policy to conserve the State’s
wildlife resources and their habitats for sustainability. Furthermore, it gives jurisdiction to
various government agencies, the countries terrestrial plants and animal species (DENR),
declared critical aquatic habitats and all aquatic resources, except dugong.
9. EO 23- Logging Moratorium in Natural Forests- Legal suspension of DENR from issuing
logging contracts/ agreements in all natural and residual forests as well as issuing/ renewing
tree cutting permits in all natural and residual forests nationwide. Also, the said agency shall
develop a National Greening program in convergence with DA and DAR and in cooperation
with other relevant government agencies.
10. EO 26- National Greening Program/ EO 193- Expanded NGP- National Greening Program was
implemented as a government priority program to reduce poverty, promote food security,
environmental stability and biodiversity conservation, and enhance climate change
mitigation and adaptation. It seeks to “plant some 1.5 billion trees covering about 1.5
hectares for a period of six years from 2011 to 2016 in lands of the public domain”, which
includes forestlands, mangrove and protected areas, ancestral domains, civil and military
reservations, and urban areas. The Expanded NGP covers the remaining unproductive,
denuded and degraded forestlands with an extended period of implementation from 2016-
2028.
11. RA 7942- Philippine Mining Act- Declaration that state has jurisdiction over all mineral
resources in public and private lands within the territory and exclusive economic zone of the
Philippines. It shall govern the exploration, development, utilization, and processing of all
mineral resources. Moreover, the state shall recognize and protect the rights of IPs/ICCs to
their ancestral lands as stated in the Constitution.
12. RA 9003- Ecological Solid Waste Management- The comprehensive solid waste management
shall ensure the protection of public health and environment. Furthermore, it prohibits the
use of open dumps for solid waste disposal and provides guidelines in the selection of a
sanitary landfill. Penalties will also apply for site preparation, construction, expnsion or
operation of waste management facilities without an Environmental Compliance Certificate
required and not conforming to the land use pln of the LGU.
13. EO 192 (1987)- Providing for the reorganization of the DEENR and renaming it as DENR-
Mandate for DENR as the primary government agency responsible for the conservation,
management, development, and proper use of this country’s environment and natural
resources, specifically forest and grazing lands, mineral resources... and lands of the public
domain, as well as the licensing and regulation of all natural resources as may be provided
for by law. Thi is to ensure sustainability of natural resources for the welfare of present and
future generation.
14. Draft Constitution for a strong indissoluble Republic- The draft constitution states that the
nation has sovereignty over its territories... and over other territories belonging to the
Philippines by historic right or legal title. Also, in Article III, C. Environmental and Ecological
Rights, Sec. 28, every person in every generation is entitled to a healthful environment and
a balance ecology... and to seek compensation for damage to environment and ecology that
is brought by illegal and unsustainable exploitation of natural resources through courts and
appropriate government bodies (writ of kalikasan and other protective writs).

II. Article XV, National Economy and Patrimony

In comparison to the 1987 constitution, the major change proposed regarding the governance of
natural resources under federalism would be the shared power of the Federal and Regional
Governments on the exploration, development, and utilization of natural resources. It then will
depend on the respective regional competency on how they will manage their resources.
However, a minimum standard federal land use policy shall be provided for the Federated
Regions.

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