Policy responses

In line with RA 9003 or the Ecological Solid Waste Management Act of 2000, technical assistance was provided to 1,325 LGUs for the closure and rehabilitation of open or controlled dumps, while technical assistance for the establishment of sanitary landfills was extended to 236 LGUs. Despite closure orders and technical assistance, there were still 838 open dumpsites and 396 controlled disposable facilities that need to be closed or rehabilitated. Only 338 of 1,610 cities and municipalities (20.9%) have completed their solid waste management plans. In Metro Manila, only eight out of 17 cities and municipalities have complete plans.

Hazardous wastes have been an increasing concern because of the increasing number of transnational companies that generate hazardous wastes. A core inventory of 38,000 legally allowable substances under the Philippine Inventory of Chemicals and Chemical Substances (PICCS) has been prepared. The Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 (RA 6969) already bans the consumption, storage or transport of toxic or nuclear waste into or within the country. However, the country lacks adequate equipment and technical expertise to deal with these wastes, although steps are being taken to define the regulatory and enforcement responsibilities of various government agencies.

Table 10.4. Forest Tenurial Instruments Implemented

(Footnotes)

/a Accumulated from the start of the implementation of each tenurial instrument.

Source: DENR- Forest Management Bureau (2010)

With respect to mining, several environmental safeguards and social development programs have been installed in mining projects, including the 97 Environmental Protection and Enhancement Program (EPEP), 23 Final Mine Rehabilitation and/or Decommissioning Program (FMR/ DP), 387 Social Development Management Program (SDMP) and IEC Campaigns. Mining companies have committed to inculcate the following in their environmental and social programs:

a. the implementation of some 400 approved five-year SDMPs for the host and neighboring communities amounting to PhP1.89 billion benefitting over 700 barangays nationwide;

b. the implementation of environmental management and protection activities through the EPEP amounting to PhP25 billion and for mine closure through the FMR/DP worth PhP600 million;

c. a mining forest program with 79 participating companies reforesting or afforesting 10,319 hectares of mine affected and nonmining disturbed areas with 9.3 million seedlings; and

d. payment of royalties to indigenous peoples of at least PhP330 million between 2007-2009.

The assessment and rehabilitation of abandoned or inactive mines have also been started. The rehabilitation of Bagacay Mines in Western Samar included the implementation of interim structural measures, phytoremediation and revegetation of disturbed areas. Rapid risk assessment of other abandoned and inactive mines has also been conducted by the following companies: Basay Mining Corp (Negros Oriental); Thanksgiving Mine-Benguet Exploration, Inc. (Benguet); Black Mountain (Benguet); Consolidated Mines, Inc. (Marinduque); Palawan Quicksilver Mines (Palawan); Western Mine Corp (Benguet); and Dizon Mines (Zambales).

While some case studies20 present examples of economic valuation of the environment and natural resources, other sectors contest the validity of the parameters used. Issues of transparency have also cropped up, with some sectors and support groups pointing to difficulties in accessing information on mining contracts.

As for forest lands, approximately 78,000 hectares were reforested during the period 2004-2010 although this only 60 percent of the total target of 130,000 hectares. More than 14 million hectares of untenured forestlands have been protected. As of end of 2009, 41 of the 78 target provinces for forest boundary delineation21 have completed boundary surveys. Seventeen of these are ready for legislation. A total of 336 municipalities were also covered by public land survey (partial cadastre only) while 770,835 hectares were covered by patents issued from 2004 to 2010. As of 2010, both government and nongovernment sectors reforested a total of 1,958,928 hectares22. The government, through projects of the DENR, contributed a total of 1, 368,645 hectares or 70 percent, while the nongovernment sector accomplished 590,283 hectares or 30 percent. As of 2010, approximately 11.6 million hectares of forestlands were covered by some form of community forest management under various government programs (Table 10.4). Despite the rise in the distributed number of these tenurial instruments, few protected areas have been declared, while deforestation continues.23

Biodiversity conservation and protection measures have been taken in the form of cave and wetland management, proclamation of protected areas and critical habitats, and establishment of protected areas and zones. An Updated National Wetlands Action Plan for the Philippines (NWAPP) to be implemented from 2011-2016 has been prepared. RA 9072, otherwise known as the National Caves and Cave Resources Management and Protection Act of 2001, provides the backbone for managing and protecting caves in the country. The DENR Memorandum Circular 2007-04 or the Procedure in Cave Classification has been issued to assess the status and values associated with a particular cave and assign its most beneficial use. A Cave Strategic Action Plan has been developed with cave stakeholders for implementation within the period 2011-2016 to guide the priority actions on cave management and conservation.

Biodiversity protection has been expanded and intensified. A total of 111 protected areas (terrestrial and marine) have been proclaimed since the passage of the National Integrated Protected Areas System (NIPAS) Act in 1992, covering 3.53 million hectares. Terrestrial areas cover 2.16 million hectares or 7.2 percent of the land area, and marine areas cover 1.371 million hectares or 0.69 percent of the total sea area of the country. Of these, 13 protected areas covering 894,262.16 hectares have been established through specific laws, namely: (a) Batanes Protected Seascape, (b) Northern Sierra Madre in Isabela, (c) Bangan Hill National Park in Isabela, (d) Mts. Banahaw-San Cristobal in Quezon and Laguna, (e) Tubbataha Reefs in Palawan, (f) Mt. Kanlaon and Sagay in Central Visayas, (h) Mt. Malindang, Misamis; (i) Mt. Mimbilisan, Misamis, (j) Mt. Apo, Davao, (k) Mt. Hamiguitan Range, Davao, (l) Mt. Kitanglad, Bukidnon. There are also protected areas outside the NIPAS such as those proclaimed by LGUs and People's Organizations (PO). Unfortunately, most of these protected areas do not have sufficient budgets, staff or capacity for effective self-management.

The operating policies and strategies for these laws are provided in various issuances. EO 578 established the national policy for protecting, conserving and sustainably utilizing biological diversity. It also revitalized the management of rich fishing grounds like the Sulu-Celebes Seas and Verde Island Passage, which are considered the center of marine shore fish diversity in the world. The Philippines has signed an agreement with Indonesia, Malaysia, Papua New Guinea, Solomon Islands and Timor Leste on the protection and sustainable management of the Coral Triangle. Through EO 533, the government adopted integrated coastal management as a national strategy to ensure the sustainable development of the country's coastal and marine resources. The protection of the whale shark has been intensified with the issuance of AO 282 (March 16, 2010), providing for the following added protection for whale sharks: mapping of their migratory pathways, mandatory rescue, intensified investigation and prosecution, and provision of rewards. EO 797, on the other hand, adopts the Coral Triangle National Plan of Action, which contributes to the attainment of the goals and targets agreed by the six Coral Triangle countries under the Regional Plan of Action. During the Ministerial Meeting held in the Solomon Islands in December 2009, the six countries officially recognized the Sulu-Sulawesi Marine Ecoregion as the First Priority Seascape under the Coral Triangle Initiative-Regional Plan of Action.

These initiatives have contributed to the protection and conservation of threatened species and their habitats. Among others, the tamaraw population in the wild has increased from 187 in 2001 to 314 heads in 2010. In 1999, only about 20 cockatoos were observed in the wild; at present about 239 cockatoos have been recorded in Raza Island, Palawan alone. To date, 48 new species of plants and animals have been discovered in the Philippines, including new species of bats, birds rodents, frogs, and rafflesia (world's largest flower). The new species were discovered in the mountains of Cagayan, Camiguin, Cordilleras, Quezon, Palawan, Mindoro, among other places.

Various actions have been taken to address threats to coastal resources. Several initiatives led to the establishment of marine protected areas (MPAs) covering around 22,540 square kilometers. Of more than 1300 existing and proposed MPAs, however, only 10-15 percent are effective. Many MPAs are either unmanaged or nonfunctioning. Sixty percent are located in the Visayas Seas region, in the most heavily-fished waters in the country. It is estimated that 4.9 percent of coastal municipal waters are protected as MPAs, but only 0.5 percent are within no-take areas. One study shows that marine corridors are also not well represented by the current MPAs.24 Four of the nine identified corridors (namely, Babuyan Corridor, Mindoro-Calavite Tablas Triangle, Balabac Strait Corridor, Sibutu Passage-Sulu Archipelago Corridor, Ticao Pass-San Bernardino Strait-Samar Sea Corridor, Panay Gulf Guimaras Strait Corridor, Philippine Sea Corridor and Tapiantana Corridor) have designated no MPAs. This implies that the development of MPAs has largely been dominated by local initiatives rather than through a national strategy. Small MPAs are unlikely to provide protection for larger, more mobile species25 and contribute little to regional conservation objectives. Smaller MPAs must therefore be scaled up to become MPA networks and made resilient to climate change by developing or redesigning them into "climate-smart" MPAs.

Effective and sustained enforcement of fishery and relevant environmental laws have also been a major challenge. There are notable achievements in community-based law enforcement by local Bantay-Dagat groups and networks in Verde Island Passage and in the Visayas, working as composite teams in cooperation with enforcement agencies and LGUs. Still there is an urgent need to strengthen, expand, replicate, and sustain these successful interventions.

As long as coastal resources continue to be threatened by both human-induced and natural disasters, the poor, particularly women, who are dependent on these ecosystems for their subsistence will likewise be further disadvantaged (Box 10.1).

To deal with disasters and extreme events, the country has adopted legislation and policy dealing with DRRM and CCA. Since the signing of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, the country has passed several laws and localized various international environmental commitments. Its policy responses have evolved from approaches focusing on greenhouse gas emissions to one that integrates mitigation and adaptation in practically all sectors. Its policy and institutional reforms are implemented through broad-based platforms on sustainable development such as multisector national plans and strategies, and special environmental management agenda. The Philippines passed the Climate Change Act of 2009 (RA 9729) to incorporate climate change in government policy formulation and establish the framework strategy for climate change. The National Framework Strategy on Climate Change was formulated in 2010 to ensure and strengthen the adaptation of the country's natural ecosystems and human communities to climate change, charting a cleaner development path for the country in the process. This is reinforced by the enactment of RA 10121, the Philippine Disaster Risk Reduction and Management Act of 2010.

The National Disaster Risk Reduction and Management Council (formerly NDCC) has been given the mandate to protect the wellbeing of people and safeguard the national economy and environment through more concrete financial investment in DRR. This paradigm shift is also in consonance with the country's international commitment to the Hyogo Framework for Action (HFA) of 2005, which seeks to build the resilience of nations and communities in the face of disasters. The National DRRM Framework and Plan utilizes the multihazard approach in managing the impact of natural and human-induced disasters. It calls for building the disaster resilience of communities and institutionalizing arrangements and measures for reducing disaster risks, and enhancing disaster-preparedness and response capabilities at all levels. Since DRR is closely linked to poverty alleviation and development, it is necessary to link it firmly to development planning at all levels.

Before the passage of RA 10121, the government already initiated the development of a long-term master plan for disaster mitigation known as the Strategic National Action Plan on DRR or SNAP. This document proactively serves as a road map for the next 10 years and was formulated through as inclusive participatory process of all stakeholders. SNAP was approved on June 17, 2010 through EO 888 (Adopting the SNAP on DRR). EO 888 explicitly adopts the 18 priority programs/projects on DRR and identified agencies with primary responsibility. The consistency of SNAP with RA 10121 however still has to be reviewed and reevaluated.

The GAA allocates specific amounts annually (PhP5 billion in 2011) for the calamity fund, for use in aid, relief and rehabilitation services to communities or areas affected by man-made and natural calamities, repair and reconstruction of permanent structures, including other capital expenditures for disaster operation, and rehabilitation activities, although it has a special provision allowing its use for predisaster activities. On the other hand, Section 22 of the Philippine DRRM Act of 2010 (RA 10121) also enumerates permissible uses of the annual calamity fund, generally allowing support for a wider range of activities. There is a need to reconcile differences and arrive at a common interpretation of what DRR measures can be charged against the calamity fund. Moreover, a big financing gap exists between the annual budget reserve of government for calamities (average of PhP2 billion a year) and the damage typically incurred in times of disasters.

Risk transfer mechanisms such as microinsurance/finance, although available, need to be made more accessible. Health insurance is also being made more widely accessible, but the uptake by poor rural communities, which are the most affected in terms of disaster, remains low.26

The government has initiated various programs and projects to provide more up-to-date scientific and technical information and data scales to be used in decision making. The DENR- Ecosystems Research and Development Bureau (ERDB) has completed vulnerability assessments of 43 priority watersheds nationwide with the aim of highlighting areas vulnerable to soil erosion, landslide, biodiversity loss, and forest fire. Such information is critical for LGUs in the development of their disaster risk management programs, their local climate change action plans and in the formulation of their land use plans. Vulnerability assessments, adaptation tools and downscaling climate change scenarios and projections are being developed to equip decision makers and planners on how to adapt to climate change and disasters. IEC campaign materials and knowledge management products are also being created to increase public awareness of climate change, its impacts and attendant risks, and DRR.

______________________________________________________________________________

20 Galang, Angelina P., The Philippine Environment in the Ecozoic Age, 2009.

21 The delineation of forestland boundary is the first and an important step in the management of the country's forest areas. Section 4, Article 12 of the Constitution provides that the congress, shall, as soon as possible, determine by law the specific limits of forest lands and national parks marking clearly their boundaries on the ground.

22 DENR-Forest and Management Bureau

23 Caucus of Development NGO Networks (CODE-NGO), The Freedom from Debt Coalition (FDC) and United Nations Development Program (UNDP). Citizen's Roadmap for Poverty REduction and Achieving the MDGs, Recommendations for the 2010-2016 MTPDP, and Kalikasan People's Network for the Environment. Philippine Environmental Situation 2001-2009.

24 Weeks, R; Russ, GT; Alcala, AC; White, AT. Effectiveness of Marine Protected Areas in the Philippines for Biodiversity Conservation. Conservation Biology, Volume 24 Issue 2 p. 531-540. April 2010

25 Sale, PF, et al, 2005. Critical science gaps impede use of no-take fishery reserves. Trends in Ecology & Evolution 20:74-80.

26 SNC