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

2. 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 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

3. 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

4. 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”

5. DENR VISION

7. FOREST COVER OF THE PHILIPPINES

8. 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 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

9. 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

10. LAWS Executive Order 192 – Reorganization of the DENR
Presidential Decree 705 – Revised Forestry Code
Commonwealth Act 141 – Public Land Act
Republic Act Toxic Substances, Nuclear and Hazardous Waste Control Act
Republic Act Clean Air Act
Republic Act Ecological Solid Waste Management Act

11. LAWS Presidential Decree 1586 – Philippine EIS System
Republic Act 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

12. 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.

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

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

21. 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

22. 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

23. 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;

24. 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;

25. 6. A Local Government Participation Action Plan that will identify opportunities to channel technical and financial assistance to LGUs has to be formulated;

26. 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.

27. Preparation of geo-hazard maps for all municipalities of Region 6 at the end of 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.

28. BORACAY ENVIRONMENTAL MASTER PLAN
Crystal Cave
Bat Cave
Dark Side of Paradise Cave
BORACAY ENVIRONMENTAL MASTER PLAN

29. 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.

30. Thank you for your attention.