Decentralization and Environmental Compliance and Enforcement in the Philippines LORMELYN E. CLAUDIO Regional Executive Director DENR Region 6, Western Visayas

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 Luzon Visayas Mindanao PHILIPPINES Vietnam Thailand Cambodia Malaysia BORNEO Singapore Indonesia

One of the 17 megadiverse countries containing two-thirds of the earth’s 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 country’s environment and natural resources”

DENR VISION

FOREST COVER OF THE PHILIPPINES

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 ARMM Region XI Region XII

16 Regional Executive Directors 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

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 incentives-technical 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

Conduct of DENR People’s Day by the DENR Field Offices 1. IEC Campaign has to be intensified. Strengthening of information, education and communication down to the grassroots level Conduct of DENR People’s 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 People’s 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.

BORACAY ENVIRONMENTAL MASTER 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.