LAW ON NATURAL RESOURCES REVIEWER Blacks Law Definition of Natural Resources

Blacks first definition in his 7th ed. is any material from nature having potential economic value or providing for the sustenance of life, such as timber, minerals, oil, water and wildlife. The second definition is environmental features that serve a communitys well-being or recreational interests, such as parks. Blacks (Sixth edition, 1990), defined natural resources as any material in its native state which when extracted has economic value. Basically it states that for a substance or feature to be classified as a natural resource, it must offer potential or actual economic value, creating wealth.

Definition of Natural Resources : Other Websites Natural resource is any naturally occurring substance or feature of the environment (physical or biological) that, while not created by human effort, can be exploited by humans to satisfy their needs or wants. Many of such resources are our life line such as water, air and solar radiation, which are essential elements for the existence of all the flora and fauna. Two basic conditions for a substance or feature to be classified as a natural resource: First, the resource must exist naturally in the environment; that is, not synthetically produced by human beings, such as in a laboratory or factory. Second, the resource must be able to be exploited by humans to directly satisfy a need or want. Natural resources may either be:

a) Biotic resources which are derived from biosphere such as the forests, marine organism, animals, birds and their products including mineral fuels come in this category, or

b) Abiotic which includes water, air, land and elemental ores such as gold, silver, copper, iron etc.

It may also be either be renewable and non-renewable resources. A renewable resource grows again or comes back again after we use it. For example, sunlight, water, and trees are renewable resources. A non-renewable resource is a resource that does not grow or come back, or a resource that would take a very long time to come back. For example, coal is a non-renewable resource. Regalian Doctrine Art XII, Sec. 2 of the 1987 Constitution All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential

energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. The Concept of Jure Regalia (Regalian Doctrine) This principle means that all natural wealth - agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the State. Thus, even if the private person owns the property where minerals are discovered, his ownership for such does not give him the right to extract or utilize said minerals without permission from the state to which such minerals belong. The abovementioned provision provides that except for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full control and supervision albeit allowing it to enter into coproduction, joint venture or production-sharing agreements, or into agreements with foreign-owned

corporations involving technical or financial assistance for large-scale exploration, development, and utilization Cases

1. Cruz vs. Secretary of Environment and Natural Resource (2000)

Facts:

Petitioners Isagani Cruz and Cesar Europa filed a case for prohibition and mandamus as citizen and taxpayers, assailing the constitutionality of certain provisions of the Indigenous Peoples Rights Act (IPRA) and its implementing Rules on ground that they amount to an unlawful deprivation of the States ownership over lands of public domain and minerals and other natural resources, in violation of the Regalian doctrine.

o They likewise contend that providing an all-encompassing definition of ancestral domain and ancestral lands which might even include private lands within the areas violate the rights of private land owners.

o Petitioners likewise contend that provisions of the IPRA defining the jurisdiction and powers of the NCIP violate due process of law.

o Lastly, petitioners assail the validity of NCIP Administrative Order No. 1 which provides that the administrative relationship of the NCIP to the Office of the President (OP) as lateral and autonomous relationship for purposes of policy coordination, thereby infringing upon the Presidents power of control over the executive department.

A groups of intervenors, including Sen. Flavier, one of the authors of the IPRA and members of 112 groups of indigenous peoples prayed for the dismissal of the petition.

The Commission of Human Rights likewise asserts that IPRA is an expression of the principle of parens patriae and that the State has the responsibility to protect the rights of the indigenous peoples.

Decision: The votes of the Court are split where 7 voted to dismiss the petition and 7 voted to grant. As the votes were equally divided and the necessary majority was not obtained, the petition was dismissed. SEPARATE OPINION (Justice Puno) I. The Development of the Regalian Doctrine in the

Philippine Legal System

A. The Laws of Indies

The Regalian Doctrine or jura regalia is a Western legal concept first introduced by the Spaniards through the Laws of Indies and the Royal Cedulas. All lands became the exclusive dominion of the Spanish Crown, and the Spanish Government took charge of distributing the lands by issuing royal grants and concessions to Spaniards. Private land titles can only be acquired from the government by purchase or other land grant from the Crown. The Law of Indies was followed by the Mortgage Law of 1893 which provided for the systematic registration of titles and deeds. The Maura Law of 1894 was the last Spanish law promulgated in the Philippines, which required the registration of all agricultural lands; otherwise the lands shall revert to the state.

B. Valentin vs. Murciano This case answered the question of which is the better basis for ownership of land: long-time occupation or paper title. In this case, plaintiffs entered into peaceful occupation of the subject land while defendants ourchased the land in 1892. The Court ruled that from 1860 to 1892 there was no law in force in the Philippines by which plaintiffs could obtain ownership by prescription, without any action of the State, otherwise the same shall remain the property of the State. Thus, it required settlers on public lands to obtain titles deeds from the State.

C. Public Land Acts and the Torrens System Act No. 926, the first Public Land Act, was passed in pursuance with the Philippine Bill of 1902, governing the disposition of land of public domain. It prescribe rules for the homesteading, selling and leasing of portions of the public domain, and to enable persons to perfect their titles to public lands. It also provided for the issuance of patents to certain native settlers upon public lands. Act No. 926 was superseded by the Act 2874, the second Public Land Act, passed under the Jones Law. it limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which gave the Filipinos the same privileges.

It was amended by Commonwealth Act No. 141which remains the present Public Land Law. Grants of public land were brought under the operation of the Torrens System under Act 496 which placed all public and private lands in the Philippines under the Torrens system, requiring that the government issue an official certificate of title attesting to the fact that the person named is the owner of the property described.

D. The Philippine Constitutions The Regalian Doctrine was enshrined in the 1935, 1973 and 1987 Constitutions which basically states that all lands of the public domain as well as natural resources, whether on public or private land, belong to the State. It is this concept of state ownership that petitioners claim is being violated by the IPRA.

II. The Indigenous Peoples Rights Act The IPRA recognizes the existence of the indigenous cultural communities or indigenous peoples as a distinct sector. It grants these people the ownership and possession of their ancestral domains and ancestral lands, and defines the extent of these lands and domains. Within their ancestral domains and lands the ICCs/IPs are given the right to self-governance and right to preserve their culture. To carry out the policies of the ACT, the law created the National Commission on Indigenous Peoples (NCIP)

A. Indigenous Peoples

Indigenous Cultural Communities or Indigenous Peoples (ICCs/ IPs) refer to a group of people who have continuously lived as an organized community on communally bounded and defined territory. These groups of peoples have actually occupied, possessed and utilized their territories under claim of ownership since time immemorial. Their unit of government is the barangay. In a baranganic society, the chiefs administered the lands in the name of the barangay, there was no private property in land. When Islam was introduced in the country in the archipelago of Maguindanao, the Sultanate of Sulu claimed jurisdiction over territorial areas. When Spaniards settled in the Philippines, Spanish missionaries were ordered to establish pueblos where church would be constructed. All the new Christian converts were required to construct their house around the church. All lands lost by the old barangays in the process of pueblo organization and all lands not assigned to the pueblos were declared to be lands of the Crown.,

and the natives were stripped of their ancestral rights to the lands. The American government classified the Filipinos into two: Christian Filipinos and non-Christian Filipinos, not to religious belief, but to geographical area, the latter referring to natives of the Philippines of a low grade of civilization, usually living in tribal relationship. The Americans pursued a policy of assimilation. They passed Act No. 253 creating the bureau of Non-Christian Tribes to determine the most practicable means for bring about their advancement. The 1935 Constitution did not carry any policy on the non-Christian Filipinos. It was in the 1973 Constitution that the State recognized the customs and interest of national cultural communities in the formulation of state policies. In 1974, President Marcos promulgated PD 410 or the Ancestral Lands Decree, providing for the issuance of land occupancy certificates to members of the national cultural communities. The Aquino government shifted from the policy of integration to one of preservation. She created the Office of Muslim Affairs, Office of Northern Cultural Communities and the Office for Southern Cultural Communities all under the OP. The 1987 Constitution expressly guaranteed the rights of tribal Filipinos to their ancestral domain and ancestral lands. III. THE PROVISIONS OF THE IPRA DO NOT

CONTRAVENE THE CONSTITUTION

A. Ancestral Domains and Ancestral Lands are the Private Property of the Indigenous Peoples and do not constitute Part of the Land of Public Domain

Ancestral domains are all areas belonging to ICCs/IPs held under a claim of ownership, occupied or possessed by ICCs/IPs since time immemorial, continuously until the present except when interrupted by war or force majeure. It comprises of lands, inland waters, coastal areas, and natural resources therein and includes ancestral lands, forests, pastures, hunting grounds, burial grounds, and bodies of water, mineral and other natural resources. Ancestral lands are lands held by the ICCs/ IPs under the same conditions as ancestral domains except that these are limited to lands, not merely occupied and possessed but are also utilized, including residential lots, rice terraces, or paddies, private forests.

The delineation of ancestral domains and lands is conferred on the NCIP who shall issue a Certificate of Ancestral Domain (CADT) upon finding that the application is meritorious, in the name of the community. Ancestral Lands outside the ancestral domain, the NCIP issues a Certificate of Land Title (CALT). The CALTs and CADTs shall be registered in the Register of Deeds in the place where property is situated.

B. Carino vs. Insular Government

On June 23, 1903, Mateo Cario went to the Court of Land Registration to petition his inscription as the owner of a 146 hectare land hes been possessing in the then municipality of Baguio. Mateo only presented possessory information and no other documentation. The State opposed the petition averring that the land is part of the US military reservation. The CLR ruled in favor of Mateo. The State appealed. Mateo lost. Mateo averred that a grant should be given to him by reason of immemorial use and occupation. The US SC ruled in favor of Carino and ordered the registration of the subject lands in his name. The court laid down the presumption of a certain title held as far back as memory went and under a claim of private ownership. Land held by this title is presumed to never have been public land. The registration requirement was not to confer title, but simply to establish it. In a nutshell, Cario enunciated the legal presumption that ancestral lands and domains were not part of the public domain, having maintained their character as private lands of the indigenous peoples since time immemorial Why Carino doctrine is unique? Carino is the only case that specifically recognizes native title. Carino was cited by succeeding cases to support the concept of acquisitive prescription under the Public Land Act

Other Separate Opinions: Justice Kapunan Regalian theory doesnt negate the native title to lands held in private ownership since time immemorial, adverting to the landmark case of CARINO V. LOCAL GOVERNMENT, where the US SC through Holmes held: xxx the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land. Existence of native titie to land, or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of jure regalia Justice Puno: Carino case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate

extended to the Islands via the Philippine Bill of 1902. The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the society. It grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains

2. Chavez vs. Public Estates Authority (2002)1 Facts:

The Phil govt (through the Commissioner of Public Highways) signed a contract with the CDCP (Construction and Development Corporation of the Philippines) to reclaim certain foreshore and offshore areas of Manila Bay and for the construction of the Manila-Cavite Coastal Road.

Pres. Marcos issued P.D. 1084 creating PEA (Public Estates Authority) and transferred to it the lands reclaimed in Manila Bay for the Manila-Cavite Road and Reclamation Project (MCCRRP).

Thereafter, Pres. Aquino issued Special Patent No. 3517, granting and transferring to PEA the parcels of land so reclaimed under the MCCRRP. A TCT was also issued in the name of PEA covering 3 reclaimed islands known as the "Freedom Islands" (157.84 hectares) located at the southern portion of the Manila-Cavite Coastal Road, Paraaque City, which were part of these lands acquired by PEA.

PEA entered into a Joint Venture Agreement (JVA) with AMARI (AMARI Coastal Bay and Development Corporation), a private corporation, to develop the Freedom Islands.

o However, the JVA also required the reclamation of an additional 250 hectares of submerged areas surrounding these islands to complete the configuration in the Master Development Plan of the Southern Reclamation Project-MCCRRP.

o PEA and AMARI entered into the JVA through negotiation without public bidding.

On June 8, 1995, then President Fidel V. Ramos, through then Executive Secretary Ruben Torres, approved the JVA.

On November 29, 1996, then Senate President Maceda delivered a privilege speech denouncing the JVA as the "grandmother of all scams."

Thus the Senate Committees investigated on the matter and concluded (1) the reclaimed lands PEA seeks to transfer to AMARI under the JVA are lands of the public domain which the government has not classified as alienable lands and therefore PEA cannot alienate these lands; (2) the certificates of title covering the Freedom Islands are thus void, and (3) the JVA itself is illegal.

Petitioner Frank Chavez, as a taxpayer, filed the instant Petition for Mandamus with Prayer for Issuance of a Writ of Preliminary Injunction and TRO.

1 Two subsequent motions for reconsideration was filed and were denied.

March 30, 1999, PEA and AMARI signed an Amended Joint Agreement, which was approved by Pres. Estrada.

Note: The Amended Joint Venture Agreement: The subject matter of the Amended JVA, as stated in its second Whereas clause, consists of three properties, namely:

1. "[T]hree partially reclaimed and substantially eroded islands along Emilio Aguinaldo Boulevard in Paranaque and Las Pinas, Metro Manila, with a combined titled area of 1,578,441 square meters;"

2. "[A]nother area of 2,421,559 square meters contiguous to the three islands;" and

3. "[A]t AMARI's option as approved by PEA, an additional 350 hectares more or less to regularize the configuration of the reclaimed area."

PEA confirms that the Amended JVA involves "the development of the Freedom Islands and further reclamation of about 250 hectares x x x," plus an option "granted to AMARI to subsequently reclaim another 350 hectares x x x."

In short, the Amended JVA covers a reclamation area of 750 hectares. Only 157.84 hectares of the 750-hectare reclamation project have been reclaimed, and the rest of the 592.15 hectares are still submerged areas forming part of Manila Bay.

Indisputably, under the Amended JVA, AMARI will acquire and own a maximum of 367.5 hectares of reclaimed land which will be titled in its name. Issue: Whether the stipulations in the Amended Joint Venture Agreement or the transfer to AMARI of certain lands reclaimed and still to be reclaimed violate the 1987 Constitution.

Decision:

The SC summarized the conclusions as follows:

1. The 157.84 hectares of reclaimed lands comprising the Freedom Islands, now covered by certificates of title in the name of PEA, are alienable lands of the public domain. PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. PEA may only sell these lands to Philippine citizens, subject to the ownership

limitations in the 1987 Constitution and existing laws.

2. The 592.15 hectares of submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Only then can these lands qualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. In their present state, the 592.15 hectares of submerged areas are inalienable and outside the commerce of man.

3. Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of 77.34 hectares of the Freedom Islands, such transfer is void for being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

4. Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 hectares

of still

submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. PEA may reclaim these submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or disposable, and further declare them no longer needed for public service. Still, the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

Clearly, the Amended JVA violates glaringly Sections 2 and 3, Article XII of the 1987 Constitution. Under Article 1409 of the Civil Code, contracts whose "object or purpose is contrary to law," or whose "object is outside the commerce of men," are "inexistent and void from the beginning." The Court must perform its duty to defend and uphold the Constitution, and therefore declares the Amended JVA null and void ab initio.

3. Chavez vs. National Housing Authority (2007) Facts:

On August 5, 2004, former Solicitor General Francisco Chavez, filed an instant petition raising constitutional issues on the JVA entered by National Housing Authority and R-II Builders, Inc.

On March 1, 1988, then-President Cory Aquino issued Memorandum order No. (MO) 161 approving and directing implementation of the Comprehensive and Integrated Metropolitan Manila Waste Management Plan.

o During this time, Smokey Mountain, a wasteland in Tondo, Manila, are being made residence of many Filipinos living in a subhuman state.

As presented in MO 161, NHA prepared feasibility studies to turn the dumpsite into low-cost housing project, thus, Smokey Mountain Development and Reclamation Project (SMDRP), came into place. RA 6957 (Build-Operate-Transfer Law) was passed on July 1990 declaring the importance of private sectors as contractors in government projects.

Thereafter, Aquino proclaimed MO 415 applying RA 6957 to SMDRP, among others.

o The same MO also established EXECOM and TECHCOM in the execution and evaluation of the plan, respectively, to be assisted by the Public Estates Authority (PEA).

Notices of public bidding to become NHAs venture partner for SMDRP were published in newspapers in 1992, from which R-II Builders, Inc. (RBI) won the bidding process.

o Then-President Ramos authorized NHA to enter into a Joint Venture Agreement with RBI.

Under the JVA, the project involves the clearing of Smokey Mountain for eventual development into a low cost housing complex and industrial/commercial site.

o RBI is expected to fully finance the development of Smokey Mountain and reclaim 40 hectares of the land at the Manila Bay Area.

o The latter together with the commercial area to be built on Smokey Mountain will be owned by RBI as enabling components. If the project is revoked or terminated by the Government through no fault of RBI or by mutual agreement, the Government shall compensate RBI for its actual expenses incurred in the Project plus a reasonable rate of return not exceeding that stated in the feasibility study and in the contract as of the date of such revocation, cancellation, or termination on a schedule to be agreed upon by both parties.

To summarize, the SMDRP shall consist of Phase I and Phase II.

o Phase I of the project involves clearing, levelling-off the dumpsite, and construction of temporary housing units for the current residents on the cleared and levelled site.

o Phase II involves the construction of a fenced incineration area for the on-site disposal of the garbage at the dumpsite.

Due to the recommendations done by the DENR after evaluations done, the JVA was amended and restated (now ARJVA) to accommodate the design changes and additional work to be done to successfully implement the project.

o The original 3,500 units of temporary housing were decreased to 2,992. The reclaimed land as enabling component was increased from 40 hectares to 79 hectares, which was supported by the issuance of Proclamation No. 465 by President Ramos. The revision also provided for the 119-hectare land as an enabling component for Phase II of the project.

Subsequently, the Clean Air Act was passed by the legislature which made the establishment of an incinerator illegal, making the off-site dumpsite at Smokey Mountain necessary.

On August 1, 1998, the project was suspended, to be later reconstituted by President Estrada in MO No. 33.

On August 27, 2003, the NHA and RBI executed a Memorandum of Agreement whereby both parties agreed to terminate the JVA and subsequent agreements.

o During this time, NHA reported that 34 temporary housing structures and 21 permanent housing structures had been turned over by RBI.

Issues:

1. Whether respondents NHA and RBI have been granted the power and authority to reclaim lands of the public domain as this power is vested exclusively in PEA as claimed by petitioner

2. Whether respondents NHA and RBI were given the power and authority by DENR to reclaim foreshore and submerged lands

3. Whether respondent RBI can acquire reclaimed foreshore and submerged lands considered as alienable and outside the commerce of man

4. Whether respondent RBI can acquire reclaimed lands when there was no declaration that said lands are no longer needed for public use

5. Whether there is a law authorizing sale of reclaimed lands

6. Whether the transfer of reclaimed lands to RBI was done by public bidding

7. Whether RBI, being a private corporation, is barred by the Constitution to acquire lands of public domain

8. Whether respondents can be compelled to disclose

all information related to the SMDRP

9. Whether the operative fact doctrine applies to the instant position

Decision:

1. Executive Order 525 reads that the PEA shall be primarily responsible for integrating, directing, and coordinating all reclamation projects for and on behalf of the National Government. This does not mean that it shall be responsible for all. The requisites for a valid and legal reclamation project are approval by the President (which were provided for by MOs), favourable recommendation of PEA (which were seen as a part of its recommendations to the EXECOM), and undertaken either by PEA or entity under contract of PEA or by the National Government Agency (NHA is a government agency whose authority to reclaim lands under consultation with PEA is derived under PD 727 and RA 7279).

2. Notwithstanding the need for DENR permission, the

DENR is deemed to have granted the authority to reclaim in the Smokey Mountain Project for the DENR is one of the members of the EXECOM which provides reviews for the project. ECCs and Special Patent Orders were given by the DENR which are exercises of its power of supervision over the project. Furthermore, it was the President via the abovementioned MOs that originally authorized the reclamation. It must be noted that the reclamation of lands of public domain is reposed first in the Philippine President.

3. The reclaimed lands were classified alienable and

disposable via MO 415 issued by President Aquino and Proclamation Nos. 39 and 465 by President Ramos.

4. Despite not having an explicit declaration, the lands

have been deemed to be no longer needed for public use as stated in Proclamation No. 39 that these are to be disposed to qualified beneficiaries. Furthermore, these lands have already been necessarily reclassified as alienable and disposable lands under the BOT law.

5. Letter I of Sec. 6 of PD 757 clearly states that the

NHA can acquire property rights and interests and encumber or otherwise dispose of them as it may deem appropriate.

6. There is no doubt that respondent NHA conducted a

public bidding of the right to become its joint venture partner in the Smokey Mountain Project. It

was noted that notices were published in national newspapers. The bidding proper was done by the Bids and Awards Committee on May 18, 1992.

7. RA 6957 as amended by RA 7718 explicitly states

that a contractor can be paid a portion as percentage of the reclaimed land subject to the constitutional requirement that only Filipino citizens or corporation with at least 60% Filipino equity can acquire the same. In addition, when the lands were transferred to the NHA, these were considered Patrimonial lands of the state, by which it has the power to sell the same to any qualified person.

8. This relief must be granted. It is the right of the

Filipino people to information on matters of public concerned as stated in Article II, Sec. 28, and Article III, Sec. 7 of the 1987 Constitution.

9. When the petitioner filed the case, the JVA had

already been terminated by virtue of MOA between RBI and NHA. The properties and rights in question after the passage of around 10 years from the start of the projects implementation cannot be disturbed or questioned. The petitioner, being the Solicitor General at the time SMDRP was formulated, had ample opportunity to question the said project, but did not do so. The moment to challenge has passed.

4. Republic of the Philippines vs. Celestina Naguiat (2006)

Facts:

Celestina Naguiat applied for registration of title to 4 parcels of land (located in Botolan, Zambales) with RTC Zambales.

o She claimed to have acquired it from LID Corporation, who in turn had acquired it from Calderon, Moraga and Monje and their predecessors-in-interest who have been in possession for more than 30 years.

Republic of the Philippines (through the OSG) filed an opposition to the application.

o They claim that neither Naguiat nor her predecessors-in-interest have been in possession since 12 June 1945, that the muniments of title and tax payment receipts arent sufficient evidence of a bona fide acquisition of the lands, that Naguiats Spanish title can no longer be availed of and finally, that said lands are part of the public domain and not subject of private appropriation.

RTC rendered a decision in favour of Naguiat and decreed the registration of said lands in her name.

Petitioner Republic of the Phils brought case to the CA.

CA affirmed RTC decision. Issue: Whether or not the areas in question have ceased to have the status of forest or other inalienable lands of the public domain. Decision: No. Naguiat was unable to provide sufficient evidence that such parcels of land are no longer a part of the public domain.

Public forest lands or forest reserves, unless declassified and released by positive act of the Government so that they may form part of the disposable agricultural lands of the public domain, are not capable of private appropriation. As to these assets, the rules on confirmation of imperfect title do not apply.

Forests, in the context of both the Public Land Act

and the Constitution classifying lands of the public domain into "agricultural, forest or timber, mineral lands and national parks," do not necessarily refer to a large tract of wooded land or an expanse covered by dense growth of trees and underbrush. As we stated in Heirs of Amunategui:

A forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers have stripped it of its forest cover. Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. "Forest lands" do not have to be on mountains or in out of the way places. xxx. The classification is merely descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. xxx

Under Section 2, Article XII of the Constitution, which embodies the Regalian doctrine, all lands of the public domain belong to the State the source of any asserted right to ownership of land. All lands not appearing to be clearly of private dominion presumptively belong to the State. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain. Under Section 6 of the Public Land Act, the prerogative of classifying or reclassifying lands of the public domain, i.e., from forest or mineral to agricultural and vice versa, belongs to the Executive Branch of the government and not the court. Needless to stress, the onus to overturn, by incontrovertible evidence, the presumption that the land subject of an application for registration is alienable or disposable rests with the applicant.

In the case at bar, the CA only granted the petition because it assumed that the lands in question are already alienable and disposable, which is found by the SC to not be in this case.

Here, respondent never presented the required certification from the proper government agency or official proclamation reclassifying the land applied for as alienable and disposable. Matters of land classification or reclassification cannot be assumed. It calls for proof. Aside from tax receipts, respondent submitted in evidence the survey map and technical descriptions of the lands, which, needless to state, provided no information respecting the classification of the property. These documents are not sufficient to overcome the presumption that the land sought to be registered forms part of the public domain.

Therefore, the issue of whether or not Naguiat and her predecessor-in-interest have been in open, exclusive and continuous possession of the parcels of land in question is now of little moment. For, unclassified land, as here, cannot be acquired by adverse occupation or possession; occupation thereof in the concept of owner, however long, cannot ripen into private ownership and be registered as title. Sustainable Development Sustainable Development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs (Brundtland Report). It is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come. It contains within it two key concepts: the concept of 'needs', in particular the essential

needs of the world's poor, to which overriding priority should be given; and

the idea of limitations imposed by the state of technology and social organization on the environment's ability to meet present and future needs

The Brundtland Reports targets were multilateralism and interdependence of nations in the search for a sustainable development path. The report sought to recapture the spirit of the United Nations Conference on the Human Environment - the Stockholm Conference - which had introduced environmental concerns to the formal political development sphere. Our Common Future placed environmental issues firmly on the political agenda; it aimed to discuss the environment and development as one single issue. The publication of Our Common Future and the work of the World Commission on Environment and Development laid the groundwork for the convening of the 1992 Earth Summit and the adoption of Agenda 21, the Rio Declaration and to the establishment of the Commission on Sustainable Development.

In addition, key contributions of Our Common Future to the concept of sustainable development include the recognition that the many crises facing the planet are interlocking crises that are elements of a single crisis of the whole and of the vital need for the active participation of all sectors of society in consultation and decisions relating to sustainable development. Sustainable development ensures the well-being of the human person by integrating social development, economic development, and environmental conservation and protection. It refers to the "interdependent and mutually reinforcing pillars of sustainable development as economic development, social development, and environmental protection. As the goal of sustainable development is to permanently improve the living conditions of human beings, social and economic developments must be carried out in a way that is environmentally and ecologically sound; ensuring the continual rejuvenation and availability of natural resources for future generations. Seven Dimensions of Sustainable Development : From the Philippine Agenda 21 From the Philippine perspective sustainable development is a multidimensional concept, involving no less than seven dimensions. Sustainable development is viewed as the mutually beneficial interaction between the legitimate interests of business and the economy, government and the polity, and civil society and culture. From this perspective, five dimensions of sustainable development are clearly visible. These arethe human being, culture, polity, economy, and Nature.

Article II, Sec. 16 of 1987 Constitution The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Does Sec. 16 provide for enforceable rights? Yes. The provision, as worded, recognizes an enforceable right. Hence, appeal to it has been recognized as conferring standing on minors to challenge logging policies of the government (Oposa vs. Factoran). On this basis too, the Supreme Court upheld the empowerment of the Laguna Lake Development Authority to protect the inhabitants of the Laguna Lake Area from the deleterious effects of pollutants coming from garbage dumping and the discharge of wastes in the area as against the local autonomy claim of local governments in the area (Laguna Lake Development Authority vs. CA) While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies

and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. Section 16 is unusual among those found in Article II in that, whereas almost all the other provisions in the Article are not self-executing but need implementing legislation to make them effective, Section 16 has been recognized by the Supreme Court as self-executing like the provisions in the Bill of Rights.

AGENDA 21 Commission [formally the World Commission on Environment and Development (WCED)]: It was known by the name of its Chair Gro Harlem Brundtland (former Norwegian Prime Minister), and was convened by the United Nations in 1983. The commission was created to address growing concern "about the accelerating deterioration of the human environment and natural resources and the consequences of that deterioration for economic and social development." In establishing the commission, the UN General Assembly recognized that environmental problems were global in nature and determined that it was in the common interest of all nations to establish policies for sustainable development.

Agenda 21: an action plan of the United Nations (UN) related to sustainable development and was an outcome of the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil, in 1992. It is a comprehensive blueprint of action to be taken globally, nationally and locally by organizations of the UN, governments, and major groups in every area in which humans directly affect the environment. Development of Agenda 21: The full text of Agenda 21 was revealed at the United Nations Conference on Environment and Development (Earth Summit), held in Rio de Janeiro on June 13, 1992, where 178 governments voted to adopt the program. The final text was the result of drafting, consultation and negotiation, beginning in 1989 and culminating at the two-week conference. The number 21 refers to an agenda for the 21st century. It may also refer to the number on the UN's agenda at this particular summit. Rio+5: In 1997, the General Assembly of the UN held a special session to appraise five years of progress on the implementation of Agenda 21 (Rio +5). The Assembly recognized progress as 'uneven' and identified key trends including increasing globalization, widening inequalities in

income and a continued deterioration of the global environment. A new General Assembly Resolution (S-19/2) promised further action. The Johannesburg Summit: The Johannesburg Plan of Implementation, agreed at the World Summit on Sustainable Development (Earth Summit 2002) affirmed UN commitment to 'full implementation' of Agenda 21, alongside achievement of the Millennium Development Goals and other international agreements. Implementation: The Commission on Sustainable Development acts as a high level forum on sustainable development and has acted as preparatory committee for summits and sessions on the implementation of Agenda 21. The United Nations Division for Sustainable Development acts as the secretariat to the Commission and works 'within the context of' Agenda 21. Implementation by member states remains essentially voluntary. Structure and Contents: There are 40 chapters in the Agenda 21, divided into four main sections.

1. Section I: Social and Economic Dimensions - which deals with combating poverty, changing consumption patterns, promoting health, change population and sustainable settlement.

2. Section II: Conservation and Management of Resources for Development - Includes atmospheric protection, combating deforestation, protecting fragile environments, conservation of biological diversity (biodiversity), and control of pollution.

3. Section III: Strengthening the Role of Major Groups - Includes the roles of children and youth, women, NGOs, local authorities, business and workers.

4. Section IV: Means of Implementation - Implementation includes science, technology transfer, education, international institutions and financial mechanisms.

Local Agenda 21: The implementation of Agenda 21 was intended to involve action at international, national, regional and local levels. Some national and state governments have legislated or advised that local authorities take steps to implement the plan locally, as recommended in Chapter 28 of the document. Such programmes are often known as 'Local Agenda 21' or 'LA21'.

Agenda 21 for culture: During the first World Public Meeting on Culture, held in Porto Alegre in 2002, it came up the idea to draw up a document guidelines for local cultural policies, a document comparable to what the Agenda 21 meant in 1992 for the environment. The Agenda 21 for culture is the first document with worldwide mission that advocates establishing the groundwork of an undertaking by cities and local governments for cultural development.

REPUBLIC ACT NO. 9729: CLIMATE CHANGE ACT OF 2009

Section 2. Declaration of Policy. It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.1awphil As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk

reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government.

Section 3. Definition of Terms. For purposes of this Act, the following shall have the corresponding meanings:

(a) Adaptation refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) Adaptive capacity refers to the ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof.

(c) Anthropogenic causes refer to causes resulting from human activities or produced by human beings.

(d) Climate Change refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity.

(e) Climate Variability refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events.

(f) Climate Risk refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems.

(g) Disaster refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources.

(h) Disaster risk reduction refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events.

(i) Gender mainstreaming refers to the strategy for making womens as well as mens concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels.

(j) Global Warming refers to the increase in the average temperature of the Earths near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere.

(k) Greenhouse effect refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth.

(l) Greenhouse gases (GHG) refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(m) Mainstreaming refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making.

(n) Mitigation in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting substances and their substitutes.

(o) Mitigation potential shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced).

(p) Sea level rise refers to an increase in sea level which may be influenced by factors like global warming through expansion of sea water as the

oceans warm and melting of ice over land and local factors such as land subsidence.

(q) Vulnerability refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity.

Section 4. Creation of the Climate Change Commission. There is hereby established a Climate Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall be attached to the Office of the President.

The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the effectivity of this Act.

Section 5. Composition of the Commission. The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission.

The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Energy;

(c) Secretary of the Department of Environment and Natural Resources;

(d) Secretary of the Department of Education;

(e) Secretary of the Department of Foreign Affairs;

(f) Secretary of the Department of Health;

(g) Secretary of the Department of the Interior and Local Government;

(h) Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster Coordinating Council;

(i) Secretary of the Department of Public Works and Highways;

(j) Secretary of the Department of Science and Technology;

(k) Secretary of the Department of Social Welfare and Development;

(l) Secretary of the Department of Trade and Industry;

(m) Secretary of the Department of Transportation and Communications;

(n) Director-General of the National Economic and Development Authority, in his capacity as Chair of the Philippine Council for Sustainable Development;

(o) Director-General of the National Security Council;

(p) Chairperson of the National Commission on the Role of Filipino Women;

(q) President of the League of Provinces;

(r) President of the League of Cities;

(s) President of the League of Municipalities;

(t) President of the Liga ng mga Barangay;

(u) Representative from the academe;

(v) Representative from the business sector; and

(w) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster risk reduction community.

The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an Undersecretary.

Section 6. Meetings of the Commission. The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act.

Section 7. Qualifications, Tenure, Compensation of Commissioners. The Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and ntegrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf.

The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting capacity.

The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications.

Section 8. Climate Change Office. There is hereby created a Climate Change Office that shall assist the Commission. It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive Director of the Office. The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of this Act, subject to civil service laws, rules and regulations. The officers and employees of the Commission shall be appointed by the Executive Director.

Section 9. Powers and Functions of the Commission. The Commission shall have the following powers and functions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of national government agencies;

(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities on climate change;

(d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change;

(e) Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities;

(f) Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals;

(g) Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;

(h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation;

(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;

(j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the peoples vulnerability to climate-related disasters;

(k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring;

(m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities;

(n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate

change initiatives in vulnerable communities and areas;

(o) Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas; and

(p) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures.

Section 10. Panel of Technical Experts. The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction.

The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change.

The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel.

Section 11. Framework Strategy and Program on Climate Change. The Commission shall, within six (6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in accordance with the international agreements.

The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

Section 12. Components of the Framework Strategy and Program on Climate Change. The Framework shall include, but not limited to, the following components:

(a) National priorities;

(b) Impact, vulnerability and adaptation assessments;

(c) Policy formulation;

(d) Compliance with international commitments;

(e) Research and development;

(f) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.

Section 13. National Climate Change Action Plan. The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter.

The National Climate Change Action Plan shall include, but not limited to, the following components:

(a) Assessment of the national impact of climate change;

(b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes;

(c) The identification of differential impacts of climate change on men, women and children;

(d) The assessment and management of risk and vulnerability;

(e) The identification of GHG mitigation potentials; and

(f) The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments.

Section 14. Local Climate Change Action Plan. The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan.

Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local

government unit collaboration shall be maximized in the conduct of climate- related activities.

LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans.

The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.

It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.

Section 15. Role of Government Agencies. To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions:

(a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials, basic climate change principles and concepts;

(b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on women and children, especially in the rural areas, since they are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network, including on climate change risks, activities and investments, in

collaboration with other concerned national government agencies, institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures; and

(f) Government financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change- related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor.

The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs.

Section 16. Coordination with Various Sectors. In the development and implementation of the National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, peoples organizations, the private and corporate sectors and other concerned stakeholder groups.

Section 17. Authority to Receive Donations and/or Grants. The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission.

The proceeds shall be used to finance:

(a) Research, development, demonstration and promotion of technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct of information campaign; and

(d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may be defined by the Commission.

Section 18. Funding Allocation for Climate Change. All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change.1avvphi1

Section 19. Joint Congressional Oversight Committee. There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act. The Oversight Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a Representative to be designated by the Senate President and the Speaker of the House of Representatives, respectively. Its funding requirement shall be charged against the appropriations of Congress.

Section 20. Annual Report. The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year.

Section 21. Appropriations. The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the Presidents contingent fund.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act.

Section 22. Implementing Rules and Regulations. Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of this Act: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.

Section 23. Transitory Provisions. Upon the organization of the Commission, the Presidential Task Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be abolished: Provided, That their powers and functions shall be absorbed by the Commission: Provided, further, That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly appointed pursuant to the provisions of this Act. All qualified regular or permanent employees who may be transferred to the Commission shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws

Executive Order No. 15 : Creating a Philippine Council for Sustainable Development

WHEREAS, the 1987 Constitution mandates a policy of the state, the protection and advancement of the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature;

WHEREAS, a National Conservation Strategy, as spelled out in the Philippine Strategy for Sustainable Development (PSSD), which was adopted in 1989, takes a balanced and integrated approach to environment and development issues by incorporating sustainable development principles and concepts in the national priorities of government;

WHEREAS, the Philippines already adhering too the principle of sustainable development actively participated in the United Nations Conference on Environment and Development (UNCED) Summit held in Rio de Janeiro, and committed to the principles set forth in the Rio Declaration, the Agenda 21, the Conventions on Climate Change and Biodiversity;

WHEREAS, the United Nations in UNCED, has adopted a resolution for the creation of a Sustainable Development

Commission that will evaluate and monitor the compliance too the agreements and commitments made in Rio and in the course of it's creation urged governments to also for similar bodies that will ensure that the activities at the national level are implemented and coordinated within global efforts;

WHEREAS, the agreements oblige the Philippines to translate the commitments to more concrete actions and ensure that all sectors of the society shall be involved in its cooperalization;

WHEREAS, in order to active these ends, the creation of a national sustainable development and thus assure its integration in the Philippine national policies, plans, and programs that will involve all sectors of the society.

SEC 1. Creation and Composition of the Council.

1) There is hereby created a Philippine Council for Sustainable Development to be headed by the Director-General of the National Economic and Development Authority (NEDA) as Chairperson, and the Secretary of the Department of Environment and Natural Resources as Vice-Chairperson.

2) The Council will have as members committed environmentalists from the following owing departments of a position of Bureau Director of their, duly deputized to represent their respective Secretaries:

Department of Foreign Affairs Department of Science and Technology Department of Finance Department of Agriculture Department of Public Works and Highways Department of Education, Culture, and Sports Department of Labor and Employment Department of Health Department of Trade and Industry Department of the Interior and Local Governments Department of Social Welfare and Developments Department of Budget and Management Department of National Defense Office of Energy Affairs

3) As civil society counterpart, the non-government community shall also have seven (7) representative in the Council. These representative shall be selected by the non-government community considering commitment to environmental causes, gender balance, and sector representation through a process designed by them.

Sec. 2 Powers and Functions of the Council. The Council shall have the following powers and function:

1`) To review and ensure the implementation on the commitments the Philippines made in the light of the UNCED Conference;

2) To establish guidelines and mechanisms that will expand, concretize and operationalize the sustainable development principles as embodied in the Rio Declaration, the UNCED Agenda 21, the National Conservation Strategy, and the Philippine Agenda 21, and incorporate them in the preparation of the Medium Term Development Plan both at the national and local levels with active participation from the non-government sector a and people's organizations;

3) Too provide directions in the form of policy reforms, programs and new legislations that respond to the continuing and emerging issues and charting future actions related to environment and developments;

4) To act as the coordinating mechanism in cooperation either DFA-office of the United Nations Commission for Sustainable Development and actively solicit assistance and cooperation towards the realization of our commitments made at the UNCED;

5) To require any and all government agencies for assistance in to forum of personnel, facilities, and other resources which is essential for the performance for the duties of the Council;

6) To create sub-committees that it may deem fit in the performance of its duties; and

7) To perform such other acts which are necessary to carry out its mandated functions and responsibilities.

Sec. 3. The Secretariat. The Council shall be assisted by the Secretariat which shall be based at the Notional Economic and Development Authority whose composition will be determined by the Director-General.

Sec. 4. Transitory Provisions. There shall be immediately be convened an interim Technical Working Group of seven members composed or representatives from National Economic and Development Authority (NEDA), Department of Environment and Natural Resources (DENR), Department of Foreign Affairs(DFA), Department of the Interior and Local Government (DILG), and the three representatives from non-government sector, which shall work out the formulation of the operational guidelines for the Council. The working group shall be assisted by a composite secretariat from NEDA and DENR, These transitory groups shall cease its function upon the Council meeting and adoption of the operating guidelines within sixty (60) days upon signing of this Order.

EXECUTIVE ORDER NO. 62: FURTHER STRENGTHENING THE PHILIPPINE COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD)

WHEREAS, to ensure that the commitments made in the Rio de Janeiro Declaration are fulfilled and to realize the countrys sustainable development goals, the PCSD was established on 01 September 1992 through Executive Order

No. 15; WHEREAS, to strengthen PCSD, the expansion of its membership as well as the establishment of local councils for sustainable development were provided for through the issuance of Executive Order No. 370 (s. 1996);

WHEREAS, in order to operationalize sustainable development at the local level, Memorandum Order No. 47 (s. 1999) was issued mandating local government units (LGUs) to formulate and implement their sustainable integrated area development plans or Local Agenda 21 with the assistance of concerned government agencies;

WHEREAS, in light of changing circumstances and, emerging issues on sustainable development locally and globally there is an urgent need to pursue new interventions through a more responsive PCSD structure;

WHEREAS, for the PCSD to be more effective and responsive in ensuring the realization of the governments sustainable development goals, there is a need to streamline and define its core functions and membership, keeping in mind the various agencies in government whose functions are integral components of the overall government sustainable development operational thrusts;

WHEREAS, there is a need for PCSD to focus on strategic interventions that have significant and catalytic impact on sustainable development;

WHEREAS, it is necessary to further strengthen the PCSD as the lead instrumentality responsible for mainstreaming sustainable development in national government and affiliated agencies, Congress, LGUs, as well as existing multi-stakeholder governance mechanisms. NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Further Strengthening the PCSD. The Philippine Council for Sustainable Development, hereinafter referred to as the Council, is hereby further strengthened, structurally and functionally, in accordance with the provisions of this Executive Order. Sec. 2. Composition of the Council.

1. The core members from government shall be composed of Secretaries of the following Departments as permanent principal members, with an Undersecretary as alternate:

a. National Economic and Development Authority; b. Department of Environment and Natural Resources; 2. Civil society, composed of peoples organizations, non-government organizations and sectoral/major groups

representation shall have five (5) Council members selected by their community, based on their commitment to sustainable development concerns, through a process designed by them These may include the following groups: women, youth, farmers, fisherfolk, indigenous people, Moro and Cordillera people, urban poor, persons with disabilities, academe, professionals, media, religious groups and NGOs. 3. Labor and business shall have one (1) representative each in the Council. Representation shall, likewise be decided through a process to be designed by them. The Chairperson of the Council shall be the Secretary of Socio-Economic Planning and NEDA Director-General. The Secretary of the Department of Environment and Natural Resources (DENR) shall be the Vice-Chairperson.

Sec. 3. Terms of Office and Meetings. The term of office of members shall be co-terminus with their appointment or election in their respective departments or organizations. The Council shall meet quarterly, or as frequently as may be deemed necessary. Special meetings may be convened at the call of the Chairperson or by a majority of the members of the Council. In the absence of the Chairperson, the Vice-Chairperson shall preside. In case any civil society, business or labor sector member of the Council cannot attend the meeting, he or she shall be represented by the alternate to be designated through their respective selection process for the purpose.

Sec. 4. Powers and Functions of the Council.

1. To review and ensure the implementation of the commitments made by the Philippines in the light of the United Nations Conference on Environment and Development (UNCED) and its follow-up processes; 2. To act as the coordinating mechanism with the United Nations Commission on Sustainable Development (UNCSD) and the Governing Bodies or Secretaries of other related multilateral conventions, through the Department of Foreign Affairs (DFA); 3. To establish guidelines and mechanisms that will ensure that the sustainable development principles, as embodied in the Rio Declaration, Agenda 21, and the Philippine Agenda 21, are integrated in the formulation of national, regional and local development policies, plans and programs; 4. To formulate policies and recommend new actions to appropriate bodies on sustainable development issues focusing on the environment dimensions of social and economic interventions and the social and economic dimensions of environment interventions; 5. To review and monitor plans, policies, program and legislation on sustainable development to promote efficiency and timeliness of their execution and ensure consistency and

coordination among the Legislative and Executive branches of government, local government units, civil society, business, labor and other concerned entities/sectors, and existing multi-stakeholder governance mechanisms; 6. To establish a networking mechanism to link the Council with local and international organizations involved in sustainable development; 7. To create, reorganize or abolish committees of the Council, ad-hoc or permanent, and to define their structure, functions and limitations; 8. To submit its annual work program with actionable and time bounded targets and regularly report to the President the status of implementation and achievement of specific targets thereof; 9. To perform such other acts which are necessary to carry out its mandated functions and responsibilities. Sec. 5. Participation of Other Government Agencies in the Council. The Council can call upon other government agencies and instrumentalities, civil society, business and labor sector organizations to participate in Council business, including its meetings, if so warranted by conditions as may exist from time to time. For this purpose, other government agencies shall identify a PCSD focal officer not lower than a rank of Director who shall coordinate their agencys participation in PCSD concerns. Sec. 6. Secretariat. The Council shall be assisted by a Coordinating Secretariat which shall be based at the NEDA, the composition of which shall be determined by the Director-General, and a Counterpart Secretariat, the composition of which shall be determined by the Civil Society Counterpart Council for Sustainable Development (CSCCSD). Sec. 7. Budget. There shall be provided in the General Appropriations Act (GAA) a regular line item under the NEDA budget to cover the operational requirements of the Council subject to the prescribed budgetary guidelines. Other member-agencies of the Council shall also include a line item in the GAA under their respective agency budgets to cover the cost of their activities related to PCSD.

MEMORANDUM ORDER NO. 399: DIRECTING THE OPERATIONALIZATION OF THE PHILIPPINE AGENDA 21 AND MONITORING ITS IMPLEMENTATION

Whereas, Article 2, Section 12 of the Constitution mandates as a policy of the State the protection and advancement of the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

Whereas, the government adheres to the sustainable development principles embodied in the Rio Declaration and adopted by the United Nations Conference on Environment and Development in Rio de Janeiro, Brazil in 1992, and to which the Philippines is a signatory;

Whereas, the Philippine Council for Sustainable Development (PCSD), created by virtue of Executive Order No. 15 (Series of 1992) is mandated to coordinate the formulation of Philippine Agenda 21;

Whereas, the Philippine Agenda 21 was formulated after an extensive and intensive process of coordination, cooperation, counterparting and consensus-building among the various stakeholders of society;

Whereas, the operationalization of the Philippine Agenda 21 shall provide the overall direction and serve as an enabling environment in achieving sustainable development;

Section 1. Adoption and Operationalization of the Philippine Agenda 21. The Philippine Agenda 21, as the national action agenda for sustainable development, is hereby adopted.

Section 2. Overall Administration. The Philippine Council for Sustainable Development shall oversee and monitor the operationalization of the Philippine Agenda 21. In this regard, the Council shall prov