Session 4
Legal Frameworks and Jurisdictions
Session Objectives and Outputs
By the end of this session, we will be able
to:
Identify relevant legal frameworks to the conservation strategy of
the campaigns.
Communicate the political and institutional structures, including the
levels of government, political process, and the roles of academia and
the private sector in coastal resource management.
Session Objectives and Outputs
Identify and apply relevant legal frameworks to the conservation
strategy of the campaigns.
Communicate the political and institutional structures, including the
levels of government, political process, and the roles of academia and
the private sector in coastal resource management.
Selected Philippine Legal
Frameworks related to CRM
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•
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Pre-colonial period
Philippines under Spain
The American period
The Martial Law Period
Post-EDSA Period
Present Regime
Session Objectives and Outputs
Part One
Identify relevant legal
frameworks to the
conservation strategy of
the campaigns.
Pre-colonial Philippines

Concept of communal property under a
datu/village chieftain

Customary laws on fishing
The Spanish Period
Jura regalia: the Philippines under the Spanish Crown
“Law of Waters” of 1866, extended by the Spanish Royal Decree of August 8,
1866 during the reign of Queen Esabella II, which made classifications of
public waters or of public ownership
7
Protection of Fish and
Game Act of 1916
The first legislation on biodiversity
protection in the Philippines
8
The American Period
Republic Act 3915 of 1932
Proc. No. 552 on 23 February 1933
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The American Period
Fisheries Act of 1932 (Act No. 4003)
Classified public fisheries according to
their government and disposition:
national, municipal and reserve
fisheries. Falling under national fisheries
are: 1) deep sea or offshore fishing; 2)
marine mollusca fisheries; 3) sponge
fisheries; 4) hawksbill turtle
fisheries; and 5) inland fisheries.
Under municipal fisheries is within
three nautical miles at most from
the shoreline of the municipality.
Lighthouse at the mouth of Pasig River & Filipino Salambao fishing boats
From the University of Michigan, Special Collections Library
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The Martial Law Period
Fishery Code of 1975 (PD 704)
Promoted and encouraged the
maximum economic utilization
of fishery resources.
Encouraged and promoted the
exportation of fish and fishery
aquatic products.
Mandated a policy of accelerated
fishpond development and
promoted the decline of mangrove
forests.
Parallel trends in declining mangrove area (A) and municipal fisheries
production (B) and increasing brackishwater pond area (A) and
aquaculture production (B) in the Philippines, 1976-1998 (Primavera,
2004)
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The Post-EDSA Period
Fisheries Code of 1998 (Republic Act No. 8550)
Declared policy to limit access to the fishery and aquatic resources of the
Philippines for the exclusive use and enjoyment of Filipino citizens.
Principle of policy is the protection of municipal fishermen. The law stipulated that
fishery and aquatic resources shall be managed in a manner consistent with the
concept of integrated coastal area management.
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Fisheries Code of 1998 (Republic Act
No. 8550)

Fisheries are classified in municipal fisheries, i.e. fishing in municipal
waters, and commercial fishing.

The Department of Fisheries (sic) may designate areas in Philippine
waters beyond 15 kilometers of the shoreline as fishery reservation or
fish refuges and sanctuaries in bays, foreshore lands, continental shelf or any
fishing ground to be set aside for the cultivation of mangroves to strengthen
the habitat and the spawning grounds of fish.

The Code therefore mandates the setting aside of at least 15% of
municipal waters for fish sanctuaries and allows at least 25 but not
more than 40% of fishing grounds beyond municipal waters for fish
sanctuaries or mangrove reserves (Uychiaoco, Arceo, Aliño and Cheung, 2002).
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Post-EDSA Period
Republic Act 7586 The National
Integrated Protected Areas
System (NIPAS) Act, 1992
Fundamental law that defines the
processes in establishing and
managing protected areas
Since the enactment of the
NIPAS Act in 1992, only 12
protected areas have been
finally declared by the
Congress.
Gatumbato, 2010 pers. comm.
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CRM Frameworks
From 1975-2000
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EO 533 – Integrated Costal
Management (ICM)
ICM and related approaches shall be the
national policy framework. ICM shall be
implemented in all coastal and marine
environment and resources in order to
achieve food security, sustainable livelihood,
poverty alleviation and reduction.
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Institutions and Jurisdictions in Coastal Zone
Management
COASTAL
ZONE JURISDICTIO
MANAGEMENT
N
CONCERNS/ACTIVITIES
Land
tenure
for
local
communities
Delineation
of
municipal
waters and fishing grounds
Policy formulation
Resource assessments
Coastal
and
Marine
Statistics gathering
Fisheries
Mangroves
Fishponds
Establishment of protected
areas
Mangrove reforestation
Fishery licensing
Municipal waters
Offshore waters
Aquaculture,
Mariculture
Fishery law enforcement
INSTITUTIONS MANDATED
TO ADDRESS CONCERN/S
Pollution law enforcement
Land use management
Tourism management
Reclamation
Pollution monitoring, including
marine waters
Establishment
of
municipal/fishing ports
Research
LGU, PCG, DENR
LGU, DENR, DAR
LGU, DOT, DENR
DENR (LMB and EMB), PEA
LGU, DENR-EMB, PCG
DENR, NCIP (in the
indigenous peoples)
NAMRIA, LGU, FARMC
case
of
LGU, FARMC, NGA, DENR
DA-BFAR, DENR, PCAMRD
DA-BAS
DENR
DA-BFAR
LGU, DA-BFAR, DENR, Congress
LGU, DENR
LGU
DA-BFAR
DA-BFAR, LGU
[1]
LGU, PNP-MARIG, PCG, DA-BFAR,
deputized fish wardens, Philippine
Navy, DENR
PFDA, PPA, LGU
Foreshore use and occupation
DA-BFAR,
DA-BAR,
PCAMRD
LGU,
DENR 3, Unit 1
Module
Conflict Resolution
LGU, FARMCs
National Commission on Indigenous Peoples
National Mapping and Resource Information Authority
[3] refers to local government unit, such as municipality or
city
[4] Fisheries and Aquatic Resources Management Council
[5] refers to national government agency, such as DENR
or DA
[6] Philippine Council for Aquatic and Marine Research
and Development, one of the sectoral planning councils
under the Department of Science and Technology
(DOST)
[7] Bureau of Agricultural Statistics
[8] Philippine National Police-Maritime Group
[9] Philippine Coastguard
[10] Department of Agrarian Reform
[11] Department of Transportation
[12] Land Management Bureau under the DENR
[13] Environmental Management Bureau
[14] Philippine Estates Authority
[15] Philippine Fisheries Development Authority
[16] Philippine Ports Authority
[2]
DOST-
Historical perspective on laws affecting zoning of
municipal waters
Relevant Law
Commonwealth
Act 4003' (1932)
PD 704 (1975)
Area assigned to
municipal fishers
Less than 5.5 km from
shoreline
Less than 7 km from
shoreline; less than 7 fathoms
from deep
RA 7160 (1991)
15 km from shoreline
(dabatable)1
RA 8550 (1998)
15 km from shoreline with
option to allow commercial
fishing from 10.1 to 15km
1Also known as Fisheries Act of 1932
Area assigned to
commercial fishers
Beyond 5.5 km from
shoreline 200 m from any fish
coral
Beyond 7 km and deeper
than 7 fathoms
15 km beyond shoreline
(debatable)2
Beyond 15km with option to
seek permit from 10.1 to
15km
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Session Objectives and Outputs
Part 2
Communicate the political and institutional structures, including the
levels of government, political process, and the roles of academia and
the private sector in coastal resource management.
Hierarchy of Legal Frameworks
The Philippine
Constitution
International
Treatises/Agreements (e.g
Republic Acts, Presidential
Degrees issued during Marcos
era and Executive Orders by
C. Aquino prior to 1987
Constitution)
Administrative Issuances to
Implement National Laws (PD,
LOI, EO, AO, MC)
Ordinances by LGUs (may
supplement, but must not
contradict any national law)
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Philippine Constitution of 1987
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•
•
•
Art. II, Sec. 15 & 16: The State shall protect and promote the
right to health of the people; 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.
Art. XII, Sec. 2: The exploration, development, and utilization of
natural resources shall be under the full control and supervision
of the State. The State shall protect the nation’s marine
wealth,… and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
Art. XIII, Sec. 7: The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential
use of the communal marine and fishing resources, both inland
and offshore. It shall provide support to such fishermen through
appropriate technology and research… and other services.
Art. XIII: The right of the people and their organizations to
effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be abridged.
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Philippine Governance System
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Role of the Judiciary
Court decisions apply to ICM in relation
to the Constitutional authority of courts
Oposa et al., vs. Factoran et al.,
upholding the right to a healthy
environment while applying the
intergenerational equity principle
Tano et al., vs. Socrates et al.,
recognizing the rights of local
government units to enact ordinances
pursuant to the constitutional right to a
balanced and healthful ecology
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Judiciary reforms
Provided several legal remedies:
•Writ of Kalikasan
Immediate and specific set of remedies which may be availed when
constitutional right to a balanced and healthful ecology is violated,
involving environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.
•Writ of Continuing Mandamus
May be availed of to compel the performance of an act specifically
enjoined by law
•Strategic Lawsuits against Public Participation (SLAPP)
Persons or organizations can immediately file a counter case to serve as a
defense against SLAPP which filed by individual, organizations or
corporations.
•Precautionary Principle
Courts can issue Environmental Protection Order (EPO) which directs or
enjoins any person or government agency to perform or desist from
performing an act in order to protect, preserve or rehabilitate the
environment.
Rule of Procedure for Environmental Cases, 2010
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Can dolphins sue?
Yes, they
may sue.
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RA 7160 – Local Government Code
•
•
•
•
Concretizes the constitutional policy on government decentralization and
democratization.
Gives primary management responsibilities to local government units. Thus,
coastal municipalities and cities are now at the forefront of coastal zone
management.
Greater fiscal autonomy through various powers to levy certain taxes, fees or
charges.
The law also provides for people’s direct participation in the planning and
implementation of resource management plans, thus, establishing a system
where local communities, non-government organizations (NGOs), academic and
scientific institutions can become partners of the local government units.
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Role of National Agencies
DENR
Various roles in policymaking, planning, conservation and protection,
permitting and licensing, mapping, rehabilitation, enforcement and
conservation.
DA-BFAR
Mandated to develop, conserve and maintain the sustainable fishery and
aquatic resources. Issues commercial fishing licenses, monitors trade of
aquatic resources, enforces fishery laws and formulate policies, rules
and regulations, except municipal waters.
DILG
The Philippine National Police has the general responsibility over the
enforcement of the Fisheries Code and other fishery laws and
regulations.
DOTC
Primary role in prevention and control of marine pollution and in
control over navigational lanes and enforcement of laws in the
high seas
.
Juinio-Menez,Butardo-Tibio, Perez, Pollisco,
2007
Module 3, Unit 1
Role of the DA-Bureau of Fisheries
and Aquatic Resources
•Implement the national strategic framework on ICM
•Assist with management of resources and areas
under the mandate of BFAR (e.g., fisheries of all
kinds, fishing techniques, stock assessment and
aquaculture)
•Provide technical guidance in coastal management
planning and implementation
•Assist in training of LGUs and community
stakeholders
•Provide legal assistance to LGUs and community
members/stakeholders for fisheries-related law
enforcement
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Role of the Department of
Environment and Natural Resources
•Coordinate with BFAR on fisheries management and policy
formulation and national strategic framework
•Assist with management of resources and areas under the mandate
of DENR (e.g. mangroves, water quality, foreshore management,
quarrying and protected areas)
•Provide financial assistance in specific projects of DENR mandate
•Provide technical guidance to local government units in coastal
management planning and implementation
•Assist in training of LGUs and community stakeholders
•Identify and implement alternative or supplemental livelihood for
coastal communities
•Provide legal assistance to LGUs and community
members/stakeholders for environmental law enforcement
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General Responsibilities of LGU in
CRM





Require government agencies to consult them in the
issuance of permits and tenure instruments within
their localities (e.g. Sections 26 and 27, LGC, EIS
System).
Enforce national laws and use local legislative powers
to regulate coastal and marine resources utilization
and development (e.g. RA 8550, RA 9147, RA 7942,
RA7076).
Enact comprehensive land-use plan and integrated
zoning ordinances (LGC,HLURB guidelines).
Supplement setback zones with additional safety zones
in the coastal zone (Section 51 of the Water Code).
Prescribe procedure for summary abatement of
nuisance (Articles 694, 699 and 701 of Civil Code) or
building and structures that fail to conform with safety
regulations (Section 214 and 215 of Building Code).
Juinio-Menez,Butardo-Tibio, Perez, Pollisco,
2007
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Evolving Role of the Municipal/City
Local Government Units
Planning and Taxation
• Develop a coastal environmental profile with maps for planning;
• Implement revenue generation mechanisms through licenses, fees and taxes
Budget and Fund Appropriation
•Implement ICM plans through yearly operational plans and budget;
• Provide budget and dedicated personnel for planning and implementation;
Networking and Linkaging
• Provide overall facilitation and coordination for planning and implementation;
•Collaborate with province, other municipalities or cities and national agencies to
develop multi-municipal ICM plans as required for special management areas
•Share ICM practices with constituents and other LGU learners
•Network and collaborate with local and international funding institutions for ICM
implementation
LGU Governance Mechanism
The Municipal/City Fisheries and Aquatic Resources
Management Councils (M/CFARMCs).
RA 8550 Section 73 mandate the creation in each of the municipalities and cities abutting
municipal waters.
Optional - Barangay Fisheries and Aquatic Resources Management Councils (BFARMCs) and the Lakewide
Fisheries and Aquatic Resources Management Councils (LFARMCs)
Functions of the M/CFARMCs
(a) assist in the preparation of the Municipal Fishery Development Plan and submit such
plan to the Municipal Development Council;
(b) recommend the enactment of municipal fishery ordinances to the sangguniang
bayan/sangguniang panlungsod through its Committee on Fisheries;
(c) assist in the enforcement of fishery laws, rules and regulations in municipal waters;
(d) advise the sangguniang bayan/panlungsod on fishery matters through its Committee on
Fisheries, if such has been organized; and
(e) perform such other functions which may be assigned by the sangguniang
bayan/panlungsod.
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Law Enforcement mechanism
The environmental protection teams
Assisting the LGUs in fishery enforcement
functions, the Bantay Dagat members may be
deputized after receiving formal training in
coastal law enforcement.
In addition, Municipal and/or City Fisheries and
Aquatic Resource Management Council
(M/CFARMC) members may also be deputized
as fish wardens to assist in the enforcement of
fishery laws, rules and regulations in municipal
waters.
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Evolving role of the
Provincial
Government
•Develop and implement policy and planning framework for CRM in
province
•Provide technical assistance to municipalities and cities for coastal
management planning and implementation
•Monitor all coastal management activities and results in province
•Provide financial incentives for coastal management based on results of
monitoring
•Assist the national government in developing and implementing policy and
planning framework for CRM in the country
• Optional creation of provincial environment office
Evolving Role of the
Municipal/City Local
Government Units
Capacity building and support
• Develop capability of local DA staff through training and practice;
• Conduct information, education and communication and training
• Support participatory coastal resource assessments for each barangay;
• Identify and implement alternative or supplemental livelihood for coastal
communities, and
• Support organization and mandate of municipal and barangay FARMCs
Policy formulation and enforcement
•Develop and adopt a multi-year and strategic integrated coastal management
plan;
•Support CRM plan implementation through appropriate ordinances;
•Incorporate appropriate coastal management best practices in CRM plan;
•Enact comprehensive fisheries management ordinance;
•Support law enforcement units as required
• Possible creation a city/municipal environment office.
Evolving role of the
Local Government
Unit - Barangay
•Data gathering and profiling
•Collaborative planning, implementation and monitoring
•Participation in FARMC, bantay dagat and other organizations
•Formulation of resolutions on CRM and enterprise for
submission to municipality
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Evolving role of the
community
stakeholders and
people’s organizations
•Participate in all ICM planning sessions in all levels of local
government (barangay/municipality/city/province)
•Provide members to barangay and municipal FARMCs
•Participate in stakeholder management organizations
•Volunteer for coastal management implementation activities (i.e., law
enforcement, fisheries monitoring and sanctuary establishment and
management, etc.)
•Initiate IEC activities in the community
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Evolving role of the
non-government
organizations (NGOs)
•Provide assistance at the community and barangay level to
organize FARMCs and other resource management organizations
•Provide technical services to LGUs for implementing community
level interventions
•Provide information and education services at the community and
municipal level
•Assist with monitoring biophysical and socioeconomic indicators
•Provide a conduit for financial assistance to LGUs for coastal
management.
• Provide environmental legal assistance to M/LGU.
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Evolving role the
Academic Institutions
•Assist to analyze information for coastal environmental profiles
•Assist to design and implement a monitoring program for biophysical,
socioeconomic and legal-institutional indicators in ICM for LGUs
•Assist to integrate existing data and information into ICM plans
•Assist in formulating CRM/ICM plans and packaging of project proposals
•Provide assistance in designing and maintaining a management information system
and database for coastal management
•Assist to design coastal management projects for multi-municipal management
areas
•Assist in training of LGUs and communities
•Assist in designing IEC and community development programs and strategies for
LGUs, NGOs and POs
Conclusion
• In the Phils, there are many agencies doing
ICM activities
• As there are many laws, there are some grey
areas.
• There are many stakeholders in ICM activities.
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