Professional Documents
Culture Documents
School of Law
Angeles City
nd
2 Semester/A.Y. 2009-2010
LEGAL FRAMEWORK
AND
EFFECTIVENESS
by
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RA 9729: Legal Framework & Effectiveness
I. INTRODUCTION
change, to ensure humanity’s survival and make life remain viable in our planet?
“In the panorama of the Earth’s geological age of 4.5 billion years, the
microsecond. The brevity of time notwithstanding, it is alleged that homo sapiens is the
species at the apex of the animal kingdom, having risen the evolutionary ladder
because of his cognitive, analytical, and creative mental powers. As a species however,
it must be recalled that man, as an animal, is but a strand in the web of life, inextricably
bound to the other strands by the elements of land, air, and water. We are therefore
part and parcel of Nature, a mere link in the entirety of the world around us. Being the
species that allegedly possesses the powers of thought we bear the responsibility and
Humans have carried too far the very idea that we are the most intelligent
creatures on earth. For hundreds of years, humans were in continuous search and
exploration on different materials to use for our day to day needs and luxuries in life.
Thus, we were able to reach this era in human life which we call modernism. We have
focused to a greater extent on how to make our life more convenient, more comfortable,
and more contemporary. Little, if any, consideration is given on the consequences of all
contaminated our land, and spoiled the quality of the very air that we breathe”. 2
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As the years unfold, when we seemingly think that we can produce almost all that
we need to survive in this earth and when some think that they can almost hold the
whole world in their hands, the cost of all our indifferences to Nature starts to take its toll
on us.
The world in general and the Philippines in particular have been witnesses and
victims to the different catastrophes that happened lately. Mountainous regions were
devastated by typhoons like Ondoy and Pepeng, and the entire country is being
development, to fulfill human needs while maintaining the quality of the natural
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environment for current and future generations. Also it seeks “the stabilization of
Policy declares the desire and plan to give attention and address a particular
public concern. 6 These policies are reactions to the present situations of concerns that
the State and the citizens face. In the article of Antonio Oposa, he said that often, these
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RA 9729: Legal Framework & Effectiveness
policies are “crisis-driven in the sense that a situation must reach crisis proportions
seemed to be the last on the list of priorities of each countries. Economic development
more manifest, different countries, and Philippines alike promulgated policies and laws
The 1987 Philippine Constitution expressly mandates that the State shall protect
and advance the right of the people to a balanced and healthful ecology in accord with
Ferdinand Marcos enacted the Environmental Policy Act declaring it a national policy “to
create, develop, maintain, and improve conditions under which man and nature can
After which, the Philippine Environmental Code followed, outlining the guidelines
for the formulation of standards for natural resources management, land use
management, wildlife protection, and air and water quality, among others. 12
In 1999, the government saw it necessary to provide a specific law for the
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protection of the Air, thus the Philippine Clean Air Act was enacted. Not long after, the
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Clean Water Act of 2004 was promulgated with the policy of “formulat[ing] a holistic
national program of water quality management that recognizes that water quality
management issues cannot be separated from concerns about water sources and
With regard the climate change in general, the Aquino administration created the
Arroyo created the Presidential Task Force on Climate Change (PTFCC)17 to spearhead
the government's plan on helping the other countries and the rest of the world to
degeneration, but all these boils down to the very idea that “a clean and healthy
environment is for the good of all and should, therefore, be the concern of all”. 18
changing ecosystem, melting polar caps, dying coral reefs, extreme weather events,
weather, such as wind patterns, the amount and type of precipitation, and the types and
frequency of severe weather events that may be expected to occur. Such climate
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1. Loss of fresh water: Within 50 years, the number of people facing water
shortages will soar up to 5 billion out of a total of 8 billion.
2. Decline in agriculture output: It seems obvious that any significant change in
climate on a global scale should impact local agriculture, and therefore affect the
world's food supply.
3. Decreased soil fertility and erosion: The shift of vegetation, droughts, and change
in precipitation will increase desertification. This will indirectly lead to increased
use of chemical fertilizers, and industrial pollution.
4. Pests and diseases: Conditions will be more favorable for the proliferation of
insect pests in warmer climates, such as mosquitoes carrying malaria.
5. Sea-level rise: As the world warms sea water itself will expand in size. This effect
combined with the partial melting of land-based glaciers such as the Greenland
Ice Sheet and sea-ice will result in a rise of sea level ranging from 0.1 to 0.5
meters by the middle of the next century. Such a rise will pose a threat to coastal
communities, agriculture, coastal fresh water sources, as well as, threaten the
existence of some Island states.
6. Increased occurrence of extreme weather events: The increased number of
droughts, floods, storms, etc has a huge impact on society and economy.” 19
The organization also said that in the Philippines, “with climate change will come
water shortages and decreases in agricultural productivity and food security. Health will
diseases.”20
Studies showed that there is also a tendency that the homes of those living in
low-lying coastal areas may be destroyed and the industry of tourism, to which many
The extreme weather, floods, and droughts that we are already experiencing are
likely to worsen. Scientists had predicted that as extreme climate events increase in
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strength and frequency, more and more people are at a risk of losing their homes and
concerns all fields of research and expertise including politics and economics.
concerning this anthropogenic phenomenon and one of its active supporters is the
Climate Change and the recent Copenhagen Convention in 2009, the Philippines has
formulated a law that aims to address the growing and worsening impact of climate
In October 23, 2009, Congress passed R.A. 9729 to provide for the legislative
framework in addressing the oppressive problem of climate change in the country. The
National Government has promulgated the Implementing Rules and Regulations of R.A.
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9729 on January 2010 per Administrative Order No. 2010 – 01 . In view of the
pressing problem of climate change, this is the opportune time to assess its overall
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• 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.(Sec. 11, RA 9729)
• 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. (Sec. 14, RA 9729)
B. Institutional Approach
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At the onset, the Climate Change Act declares as a matter of public policy the
need to “cooperate with the global community in the resolution of climate change
issues, including disaster risk reduction [and] x x x to enjoin the participation of national
and the public to prevent and reduce the adverse impacts of climate change and, at the
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same time, maximize the benefits of climate change.” The law further recognized the
need for the State to “strengthen, integrate, consolidate and institutionalize government
For this purpose, the Climate Change Act established a Climate Change
autonomous body” and “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 [the] Act.
climate change, in synergy with disaster risk reduction, into national, sectoral, and local
development plans and programs,25 the Climate Change Act separately identifies the
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functions of other governmental agencies and departments consistent with their existing
mandates “to ensure the effective implementation of the framework strategy and
change into the primary and secondary education curricula and/or subjects; the
and provision of a training program for LGUs in climate change; the Department of
climate change and make the necessary recommendation for ratification and
change, local vulnerabilities and risk, relevant laws and protocols and adaptation and
mitigation measures; and the different Government financial institutions are ordered to
Consistent with the Philippine Agenda 21's basic principle of collective choices
and responsibility, the Climate Change Act facilitates coherent and cooperative human
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The Climate Change Act proposes a scale and level of intervention that is area-
based. Hence, it requires a plan that is designed, owned and implemented at the local
levels. As already provided for in the law, localization efforts are at the core of
implementing the action agenda. Localization is a process that involves the formulation
21 sees that localization will ensure that sustainable development takes root in each
IV. ANALYSIS
To make the law better achieve its purpose, the spirit of international cooperation
shall also remain steadfast in fulfilling its commitments in relevant global agreements.
At best, the Climate Change Act of 2009 reiterates what the international
community recognize as the most pressing problem faced by humanity that needs to be
addressed.
However, another law is not what the country needs really. What we need is a
concrete plan to help mitigate the effects of climate change, if not totally solve this
problem.
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There are already existing laws and promulgations prior to the enactment of the
through Presidential Order No. 220. The essential mandate of the IACC is to perform
advancing the government’s climate change agenda, the IACC likewise formulates
policy actions and recommendations while at the same time assumes a very significant
role in terms of shaping the Philippines’ national positions in the various international
negotiations that aim to mitigate the effects of global climate change and prevent the
Just a year after the creation of the IACC, the Philippines signed the United
Nations Framework Convention on Climate Change (UNFCCC) and have agreed to the
mandate that "should protect the climate system for the benefit of present and future
generations of humankind, on the basis of equity and in accordance with their common
ensures the Philippines’ faithful compliance to the mandates and principles contained in
the UNFCCC and the Kyoto Protocol and sees to it that adequate public awareness
campaign and initiatives are held to bring the issue to all the sectors of the country.
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In 1997, the country drafted the National Action Plan on Climate Change (NAP),
becoming one of the world's first countries to produce such a plan. The NAP is a
framework aimed to identify the general thrusts for stakeholders, particularly the
In the year 2007, the Arroyo administration created the PTFCC through
Administrative Order (AO) 171 in recognition of the "urgent need to confront the issue of
climate change and decisively address its adverse effects on the people and the
production sectors". She then appointed herself as head in 2008 and replaced DOE
Secretary Angelo Reyes so she can have a "hands-on approach in crafting and
Notably, pursuant to Section 23 of the newly passed Climate Change Act, the
long existing IACC and PTFCC were abolished in view of the newly established Climate
Change Commission. This newly created Commission has the very same function and
power as the two preceding agencies tasked “to harness and synergize the various
activities being undertaken by the national government and civil society in response to
Moreover, the National Action Plan drafted in 1997 will be disregarded as the
new Commission is to draft a new one that will be adopted by the LGUs.
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Instead of the Philippines, already being on the next stage towards addressing
the problem on climate change – execution and implementation of action plans – the
Climate Change Act brought us back to the first stage of mere planning and drafting.
Climate change was caused by a series of human acts that led to the depletion of
the ozone layer. It is apparent therefore that the solution to mitigate the effects of
climate change must also be in a series. This means that the strategies and actions
The act of the government clearly is not progressive. The officials seem to have
V. CONCLUSION
The Climate Change Act devolved to local government units and other agencies
plans. It is also worth noting that a clear time period has been set for these LGUs to do
their respective parts. The law clearly set a time-frame for these LGUs to present to the
Commission their action plans. The one month period after the LGU's adoption shall be
devoted to create, amend, modify and/or revise their action plans. It is worth stressing
that devolution can encourage the local governments to take an active role in helping to
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But in spite all these good points of the law, it must be stressed out that
everything does not stop on the creation of a law. It is just the starting point towards the
real solution. Efforts must be concentrated on implementing these laws instead of just
constantly enacting new laws to create new agencies that have no real difference with
---------------------------------
Footnote:
1.
Oposa, Antonio A. (1997)The Role of Courts in Environmental Protection Law: IBP Journal and Magazine, Vol.
XXIII (3), 88-93.
2
Ibid.
3
Philippine Agenda 21 <http://pcsd.neda.gov.ph/pa21.htm
4
United Nations Framework Convention on Climate Change FCCC Convention Text
5
Hyogo Framework for Action <http://www.proventionconsortium.org/?pageid=36
6
Oposa, Antonio A. (1997)The Role of Courts in Environmental Protection Law: IBP Journal and Magazine, Vol.
XXIII (3), 88-93.
7
Ibid.
8
Constitution (1987), Article II, Section 16
9
Republic Act 3931
10
Presidential Decree 984
11
Presidential Decree 1151
12
Presidential Decree 1152
13
Republic Act 8749
14
Republic Act 9275
15
Ibid., Section 2
16
Administrative Order No. 220
17
Administrative Order No. 171
18
Republic Act 8749, Section 2
19
Climate Change <http://www.greenpeace.org/seasia/en/asia-energy-revolution/climate-change
20
Ibid.
21
Republic Act 9729
22
Implementing Rules and Regulations of Republic Act 9729
23
Republic Act 9729, Section 2
24
Ibid.
25
Republic Act 9729, Section 9 (a)
26
Philippine Agenda 21 <http://pcsd.neda.gov.ph/pa21.htm
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