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Introduction

The natural environment is highly affected by human activities in the same manner that social conditions are influenced by the state of the natural environment. It is in this light that the natural environment is a highly politicized subject needing critical study. The power bestowed upon mandated institutions in the equitable distribution of resources, as well as their capacities in fulfilling responsibilities regarding environmental management, are important concepts to consider in understanding current environmental conditions. In other words, analyzing the political economy and its subsequent environmental policies is crucial for sound environmental management.

The political economy plays a crucial role in achieving various environmental agenda. In the Philippines, it is stated in the 1987 Philippine Constitution that the Philippines should be a democratic and republican state, where sovereignty should reside in the people. As a result, the political economy is ideally held by the masses, and power is thus decentralized from a particular political entity, specifically from the upper levels of the political and bureaucratic hierarchy. It further implies that multiple forms of power are exercised through various actors and mechanisms.

The decentralization of power however, is difficult to define and may have only emerged recently if based on policy frameworks. The passage of the Local Government Code of 1991 (RA 7160) provided changes in the structure of the Philippine political administration system. Local government units (LGUs) were given responsibilities on maintenance and protection of the environment in their area. Meanwhile, bureaucratic decentralization of the environmental management institution occurred in June 10, 1987, by virtue of EO 192, when the Department of Environment and Natural Resources (DENR) was created. The creation of DENR decentralized line functions of the environmental management institution to regional and field offices.

The strength of the political economy in managing the environment however, regardless whether it is decentralized or not, relies on the output of environmental policy frameworks. Policies not only show the strength of the political economy, but also its efficiency in creating appropriate policies for the environment. In the Philippines, policies cascade into various levels, specifically, four levels according to the geographical and administrative scope: (1) National policys, crafted by Congress of the Philippines, (2) Provincial policys, crafted by the Provincial Board or Sangguniang Panlapolicyigan, (3) City/Municipal policys crafted by the City/Municipal Council or Sangguniang Panlungsod or Bayan), and finally the Barangay policys crafted by Barangay Council or Sangguniang Barangay (RA 7160, Ortiz, 1992).

In each of these jurisdictions, legislative mechanisms generally employ three readings of the proposed policy (or bill in the Congress of the Philippines). The first reading is the reading of the

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number and title of the bill or proposed policy and its referral by the head of the legislative body to the proper committee for study. Committees are headed by committee chairs, and study proposed policys and other measures presented for legislative action. They conduct committee meetings and public hearings to solicit inputs and comments from concerned stakeholders.

A second reading follows, which involves reading the report of the committee who studied the proposed policy. The proposed policy is then read in its entirety, scrutinized, debated upon and amended when desired. Once approved on second reading, it is printed in its final form and copies thereof are distributed at least three days before the third reading.

In the third reading, legislative members merely register their votes and explain them. Once it is approved by the legislative body, it is transmitted to an administrative head (for example the President of the Republic of the Philippines for bills in the House of congress) to approve the proposed policy (“Legislative Process,” n.d.; Manual of Municipal Government Administration, 1982; Manual of Provincial and City Government Administration, 1982).

In general, there are three (3) ways for a proposed policy to become a final policy framework. One is the approval of the administrative head; in the case of national policies, the president. Second is the approval of two thirds of the legislative body if the proposed policy is vetoed/disapproved by the administrative head. Third is when the administrative head neither signs nor vetoes the proposed policy within the allowed time period (usually 30 days) after it was presented for his/her signature (RA 7160; “How a Bill becomes a Policy,” n.d.).

Through these legislative mechanisms, a number of environmental policies have been created through the years. The passage of environmental policies is thus seen as tools for effectively managing natural resources in the presence of anthropogenic stress. However, the efficiency of such policies needs attention in order to determine whether such policies are fulfilling its objectives or not. In order to shed light on this matter, this paper shall focus on the efficiency and interrelationships of environmental policies in addressing issues regarding climate change.

Forest Management in Asian Countries

The efficiency of forest management policies is determined primarily through the amount of forest cover maintained while the said policy is in place. In order to provide a comparative analysis of forest cover and its relationship with climate change, a number of case studies of forest management in the ASEAN region are presented. In addition, the following cases reveal a number of issues to be

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considered in implementing forest-related policies not only for addressing climate change, but for managing other important natural resources as well.

Forest Reserve System in MyanmarMyanmar possesses a wide range of ecological spectra ranging from the snow-capped mountains

to tropical rain forest as well as coastal and marine ecosystems. Such a wide variety of environmental conditions allows for the existence of diverse flora and fauna. There are 285 families of flora comprising around 10,000 species of trees, shrubs, herbs, bamboo, climbers, and other flora. Likewise, the country also has diverse species of fauna containing over 1,000 species of birds, more than 300 species of mammals, about 400 species of reptiles and amphibians, and 68 species of swallow-tailed butterflies.

Certain categories of land, whether public or private, are kept under permanent forest cover

to secure their optimal contribution to national development. Myanmar has a forest area of 343,767 km2 (50.8 percent of the total area). At present, 20.66 percent of the total area has been identified as reserved forests and public protected forests.

The role of forests for environmental stability and for oil and water conservation is increasingly recognized by the State. The protected areas system is well established with the set up of parks and sanctuaries. Myanmar is committed to sustainable development of forests and biological resources through accession to a number of international conventions and agreements.

The Ministry of Forestry has been re-named as Ministry of Environmental Conservation and Forestry (MOECAF) since 6th September, 2011 in order to undertake environmental conservation more effectively. There are 6 agencies under MOECAF, namely;

(1) Planning and Statistics Department (PSD), responsible for coordinating and facilitating the tasks of FD, MTE and DZGD in line with the directives laid down by the Ministry, and acts as a forum on policy issues in forestry.

(2) Forest Department (FD), responsible for biodiversity conservation, restoration of degraded forests, watershed conservation and sustainable management of the forest resources.

(3) Dry Zone Greening Department (DZGD), responsible for reforestation of degraded forest lands and restoration of the environment in the dry zone of Central Myanmar.

(4) Myanmar Timber Enterprise (MTE), responsible for timber harvesting, milling and downstream processing and marketing of forest products.

(5) Environmental Conservation Department (ECD), responsible for environmental affairs, and

(6) Survey Department (SD), responsible for mapping, measuring and surveying activities for the Nation.

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The Burma Forest Act 1902 and subsequent amendments were in use until State Policy and Order Restoration Council (SLORC) promulgated new forest legislation in November 1992. The 1992 forest policy emphasizes the importance of people’s awareness and participation in the conservation and sustainable utilization of forest resources. It also stresses the importance of collecting and updating resource information, planning, the continuous monitoring of all forest operations, and maintaining the ecological balance and environmental stability.

The important instruments for implementing the Myanmar Forest Policy 1995 are: Forest Policy (1992); Forest Rules (1995); Protection of Wildlife and Wild Plants and Conservation of Natural Areas Policy (1994); Community Forestry Instructions (1995); Myanmar Agenda 21 together with Environmental Policy; National Forestry Action Plan (1995); Criteria and indicators for sustainable forest management (1999); Format and guidelines for district forest management plans (1996); National Code of Practice for Forest Harvesting; and National Framework for Environmental Policy.

In the forestry sector of Myanmar, two governmental institutions, namely the Forest Department and the Dry Zone Greening Department, have been undertaking the protection, conservation, and restoration of degraded forest and sustainable forest management of forest resources. The working plans for management of teak forests of Bago Yoma were formulated. These management plans were written based on growing stock and growth rate obtained from valuation surveys. It also developed a silvicultural system that forms the basis for the present management system known as Myanmar Selection System (MSS).

All of the natural and planted forests are managed under working plans and are divided into two categories, permanent forest estate (PFE) and public forest. Under the PFE, reserved forest, protected public forest and protected area are included. On the basis of accessibility and also on the nature and form of the forest produce available, forests are organized into the following working circles (WC):

• Production Forest Working Circle. This WC was formulated for commercial purposes.• Plantation Working Circle. The rationale of the formation of this WC is to supplement the production from the natural forests in meeting the ever increasing demands for timber.• Watershed Forests Working Circle. This type of WC was formed to meet the needs of protecting and conserving the watersheds across the country.• Local Supply Working Circle/Community Forests Working Circle. This WC is the mainstay of the rural people for their basic needs of post, pole, small timber, bamboo, thatch, food, fuel, fodder, etc. In line with the Community Forestry Instruction (CFI) issued in 1995, the Community Forest Working Circles are formed along with the Local Supply Working Circle. Plantations are also being established for the supply of fuelwood, posts and poles, etc. to the local people.

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Legislation in Forestry Sector of Myanmar

In 1995, new Myanmar Forest Policy has been adopted to replace the old policy, which was issued in 1894. The statements in the new forest policy are keeping in line with the forest principles adopted at UNCED 1992 and in compliance with the main stream of international forestry obligations. It has identified six imperatives that the government needs to accord the highest priority in order to achieve broader national goals and objectives:

• Protection of soil, water, wild life, biodiversity and environment;• Sustainability of forest resources to ensure perpetual supply of both tangible and intangible benefits accrued from the forests for the present and future generation;• Basic needs of the people for fuel, shelter, food and recreation;• Efficiency to harness, in the socio-environmentally friendly manner, the full economic potential of the forest resources;• Participation of the people in the conservation and utilization of the forests;• Public awareness on the vital role of the forests for the well-being and socio-economic development of the nation.

To support the sustainable forest management, the Forest Department has issued the Community Forestry Instruction (CFI) in 1995. The CFI raises awareness and interest of people in the forestry sector and offers opportunities for active participation in tree planting on barren lands and degraded areas. It also provides legal support for developing the community forestry especially in the areas with severe forest degradation. Agroforestry practices are allowed in the context of community forestry to provide both short-term and long-term benefits for the local people.

Due to the wide range of climatic and edaphic conditions, Myanmar possesses seven major forest types covering an area of 31,773,000 ha. These are mangrove forest (1.5%), tropical evergreen forest (17.2%), mixed deciduous forest (38.3%), dry forest (9.8%), Deciduous dipterocarp (Indaing) forest (4.2%), Hill and temperate evergreen forest (26.9%) and scrub land (2.2%). A 30-year Master Plan (2001-2030) has been prepared to achieve sustainable forest management, to support the national economy, to fulfill the basic needs of the rural communities and all round development of the forestry sector. Permanent Forest Estate (PFE) is backbone of the forestry sector of Myanmar and it is totally under the management of MOECAF. PFE is composed of Reserved Forests (122,317 km2, 18.07% of total country area), Protected Public Forests (44,198 km2, 6.53% of total country area) and Protected Area System (PAS) (35,107 km2, 6.67% of total country area).

For the long run, area of Reserved Forests and Protected Public Forests is targeted to expand up to 30 % and those of PAS up to 10% of the total country’s area. The Myanmar Selection System (MSS)

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has been the principal forest management system since 1856 for sustained yield. It is exploitation-cum-cultural system. MSS is practiced with the bound of space-area limit (felling series), size (girth) limit and time limit (30 years felling cycle). Exploitation of trees is within the bound of Annual Allowable Cut (AAC). There are 7 criteria and 78 indicators at the national level for sustainable forest management. Forest Department has been testing the adequacy and application of Myanmar’s Criteria and Indicators (C&I) at Forest Management Units (FMU) level for further improvement.

Myanmar’s economy is largely dependent on agriculture and forestry. In addition, forest resources also play a significant role in rural livelihoods of a large number of people. Although wood and wood products have become important international commodities during the recent years, the importance of non-timber forest products (NTFPs) has not diminished for communities dependent on them. Nowadays, forest resources have been degraded as a result of population pressure, agricultural expansion, overexploitation, environmentally harmful mismanagement and socio-economic mix factors. The assessment of the change of forest conducted in 1990 revealed that the actual forest area had decreased at an annual rate of 220 000 ha or 0.64 percent of the actual forested area during a period of 14 years from 1975 to 1989.

Due to deforestation and soil degradation, the productivity of agricultural lands declined rapidly. Therefore, the development activities in the Ayeyarwady Mangrove Delta, Southern Shan States and the Dry Zone have been initiated as Human Development Initiative projects, funded by UNDP, in collaboration with a number of related departments including Forest Department. The specific objectives are:

• To assist the poorer households in selected communities to establish productive and environmentally sustainable income earning opportunities;• To develop efficient technology transfer programs; and• To provide critical agricultural inputs, and strengthening the capacities for local self reliance

These projects consist of three clusters:• human development and humanitarian needs;• environmental and food security; and• income generation and micro credit.

These projects also share a common anti-poverty, people-centred and participatory orientation. The forestry sector activities are mainly concerned with restoration in the degraded dryzone ecosystems through reforestation and agroforestry. The activities aim to increase the availability of forest products, enhance short-term and long-term income opportunities and generate the natural resource capital necessary to ensure sustainable development.

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Myanmar Forest Policy clearly stated that plantation forestry has always been just supplement to the natural forest management. Accordingly, forest plantations are established only in degraded forests. National level reforestation programs are being implemented in Dry Zone of Central Myanmar, Ayeyarwady delta, upland areas especially Inle Lake watershed areas and BagoYoma Region. Restoration of degraded forest lands is not merely task to plant trees. It is a matter of economical, environmental and social measures. Thus, forest plantations are established with various purposes.

Total area of forest plantations established during 1981-2011 amounted to 865,243 ha in which commercial plantations cover (475,251 ha), village supply plantations (181,468 ha), watershed plantations (136,006 ha) and industrial plantations (72,519 ha).

The private sector is allowed to invest in the establishment of teak plantations and other hardwoods since December, 2006. Up to date, 29,868 ha (73,773 ac) of private teak plantations, 12,385 ha (30,590 ac) of non-teak hardwood plantations, 44,366 ha (109,584 ac) of rubber plantations, 40311 ha (99,569 ac) of oil palm plantations and 51477 ha (127,147 ac) of industrial raw material plantations were established with the permission of MOECAF.

Foreign Investment is also allowed not only in wood based industries but also plantation establishment. But the investment procedures have to be in accordance with the Foreign Investment Policy (2012).

Major Drivers of Deforestation and Forest Degradation in Myanmar

Like other developing countries, over-exploitation, illegal logging, expansion of agricultural lands, urbanization, infrastructure development, change in land use, fuel wood crisis and rural poverty are the major drivers of deforestation in Myanmar.

Sustainable Forest Management (SFM) was initiated for sustainable development in forestry sector. Myanmar has been a member country of International Tropical Timber Organization (ITTO) since 1993, so Myanmar abides by the decisions of ITTO Guidelines on matters related to sustainable forest management (SFM), and keeping in line with the ITTO Guidelines, a National Forest Policy was formulated incorporating all the important principles of ITTO regarding SFM. Myanmar has identified its own criteria and indicators for sustainable development of natural forests and also has established model forests in conformity with the criteria given by ITTO. Forest Plantations are being established to ensure sustainable supply of timber and to reduce pressure on natural forests. Moreover, Myanmar has already established a Protected Areas System (PAS) covering 4.7 percent of the total area of the country.

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Although 50.8 percent of the total area is covered by forests, the distribution pattern is uneven. Severe environmental degradation can be found in the Dry Zone of central Myanmar and it has an area of about 10 percent of the total area of country. Therefore, Myanmar has been recognized as a country affected by desertification and drought. The Ministry of Forestry has tried, over successive periods, national conservation approaches to prevent desertification and forest degradation. Moreover, in order to focus entirely and accelerate environmental restoration processes, the Dry Zone Greening Department (DZGD) was created in 1997, in addition to the Forest Department which was originally responsible for all forestry activities in the country. The major tasks of the DZGD have been set as follows:

• Establishment of forest plantations;• Protection and rehabilitation of existing degraded natural forests;• Development of woodfuel substitutes; and• Development of water resources.

To fulfill the demand of wood and other forest products for the rural community in the Dry Zone, 85 498 ha of plantations have already been established. In addition, about 0.37 million ha of degraded forests and about 1.31 million ha of forests affected by shifting cultivation have been identified for conservation by the year ending 2001 (DZGD 2002-2003 Working Plan).

Forest Reserve System in ThailandThe Government of Thailand has established stringent policys toward the protection and

conservation of forest areas including water and biodiversity. Presently, there are five main Forestry Acts:

(1) Forest Act, B.E. 2484 (1941) concerns logging operations and non-wood forest product (NWFP) collection, transportation of timber and non-timber products and sawn wood production as well as forest clearing.

(2) National Park Act, B.E. 2504 (1961) covers the determination of National Park land, the National Park Committee, as well as protection and maintenance of National Parks.

(3) National Forest Reserve Act, B.E. 2507 (1964) includes the determination of National Reserved Forest, control and maintenance of the National Reserved Forest.

(4) Wildlife Conservation and Protection Act, B.E. 2535 (1992) establishes provisions for national wildlife preservation, establishment of a Protection Committee and identification of 15 species of reserved wildlife.

(5) Forest Plantation Act, B.E. 2535 (1992) covers the determination of reforestation and land registration of private reforestation rights, ownership and exemption from royalty on forest products from reforested areas.

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The Royal Forest Department (RFD) was founded in 1896 in Thailand to consolidate the exploitation of forests. The RFD was divided into three Departments in 2002: the Royal Forest Department (RFD), the National Park, Wildlife and Plant Conservation Department (DNP) and the Department of Marine and Coastal Resources (DMC). All the departments are under the supervision of the Ministry of Natural Resources and Environment (MNRE).

The RFD is responsible for forests outside protected areas that are the DNP’s responsibility. The DMC performs resource management of coastal flora and fauna, including mangrove forests, through conservation and rehabilitation.

Ministry of Natural Resources and Environment

(i) The Office of Natural Resources and Environment Policy and Planning develops natural resources and environmental enhancement and conservation management plans and policies.

(ii) The Pollution Control Department regulates, supervises, directs, coordinates, monitors and evaluates rehabilitation, protection and conservation of environment quality.

(iii) The Department of Environment Quality Promotion carries out research, development training, public awareness, development of environment technology, natural resources and environment.

Forest resources have been an integral part of Thailand’s rural life, involving all aspects of local people’s activities, thereby contributing to their social, economic, cultural, environmental and political objectives. At present, some 1.2 to 2 million people are reported to be living in and around protected areas (national parks and wildlife sanctuaries) and rely on forests for livelihoods. In addition, another 20 to 25 million people are reported to live near national forest reserves and use them for forest products both for household consumption and to sell them in markets for cash income.

As early as the 1970s, the RFD recognized community (or village) forestry as a strategy for sustainable management of the nation’s forest resources. In 1991 a Community Forestry Division, now renamed as the Office of Community Forest Management, was created with a mandate to plan and promote community forestry, and to involve local communities, local organizations, NGOs and other civil society organizations and various other institutions in local forest management. The Thai Forestry Sector Master Plan of 1992 recognized community forestry as one of the main strategies (1993).

According to the Office of Community Forest Management, RFD provincial and district staff help demarcate community forest areas and prepare operational plans. They provide villagers with basic forestry skills, such as nursery establishment, planting and maintenance and fire protection. The RFD also provides planting materials, such as seeds and seedlings (mainly eucalyptus). Almost all the

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villages with registered community forest have a nursery and tree-planting program. The RFD also organizes study tours for community forest group members to visit successful community forest sites, both within and outside Thailand. They also provide training on networking among community forest groups.

Some community groups are reported to receive financial assistance through the tambon (sub-district) administrations (TAO) under the decentralization program while the RFD at present has no provision for direct financial support to villages for community forestry activities.

There is a need to recognize the key role of community forestry in the overall strategy to achieve sustainable forest management in Thailand. Community forestry fits well into the government’s current development objective of poverty reduction and the philosophy of development through decentralization. Not only would community forestry mobilize millions of people to participate in the management of the country’s forest resources, but the government’s financial and administrative burden for forest management would also be reduced.

Forest Reserve System in Indonesia

After the Asian financial crisis and the end of the ‘New Order’ regime in 1998, there was a decline in central authority and widespread calls for democratization and decentralization. A rapid transfer of political and financial authority to the district level governments was legislated in 1999 and implemented in 2000. The newly decentralized electoral process provides the means for governments to become more responsive to citizens, but local governments need improved capacity for working with the public, identifying and responding to their needs, and running public consultation processes.

NGOs and universities have been instrumental in opening the processes of governance at the local level, holding public hearings, using the media to highlight issues, and creating constituencies for improvements in policies and practices. These sorts of activities have been supported by donor agencies with the flexibility to provide small grants or programmatic resources to civil society organizations.

Decentralization opened the door to new perceptions and community empowerment: a much larger portion of households (80%) thought forests belonged entirely to communities, compared to only 20% before decentralization. Nearly two-thirds of community agreements with companies included environmental provisions, such as replanting logged forests, respecting minimum diameters, and only logging certain species.

The Department’s vision is “forest management that guarantees sustainability and improves the people’s welfare.” The Minister has determined five priority targets for medium term development:

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- Eradication of illegal logging from state forest areas and illegal timber trade. - Revitalization of the forest sector, especially the forestry industry.- Rehabilitation and conservation of natural forest resources.- People’s economic empowerment inside and outside the forest area.- Determination of the forest area

The basic forestry policies for managing forestlands and the status of forest resources are: Indonesia’s Constitution Article 33, which establishes the basis of state authority over land and natural resources; and Policy No. 41 Year 1999 on Forestry, which states the basic principles and objectives of state forestry administration. The basic principles and objectives contained in these legal frameworks are, among others:

- Forest resources are controlled to provide multiple uses. - Forestry administration shall be based on benefits and sustainability, democracy, equity, togetherness, transparency and integration and shall be oriented for people’s maximum welfare. - The Government is obliged to encourage people’s participation through various effective and efficient forestry activities and to effect this participation through assistance from a stakeholder forum (to this end, the National Forestry Council was formed). - As long as they exist and are recognized, customary policy communities have the rights to: collect forest products for daily needs, undertake forest management under customary policys (that do not contradict national policys), and be empowered for improving their welfare. - Communities can utilize forest and forest products and be informed about plans for forest allocation, forest product utilization and forestry information.- Communities have the right to compensation for losing access to their forests due to designation as forest area, in accordance with prevailing policys and regulations. - Communities are obliged to participate in maintaining and preventing forest areas from disturbance and damage and can seek assistance and guidance in this task even from third parties Forest Reserve System in Philippines

Forest Management in the Philippines

Forest Reserve System in Philippines - Pre-colonial History

According to anthropological and historical records pre-colonial societies of the archipelago have established independent cultural collectives with their own land-use systems and regularly interact with each other and even with Chinese, Arabs, Indo-China and Polynesian neighbors thru trade, political pact-building and seafaring long before colonizers came. Many of indigenous settlements reside to and

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fro in the coastal areas and the mountains within islands to trade and fish and engage in ‘kaingin’ forest gathering and hunting activities. Tribes within mountain ranges exhibit depth of natural resources management knowledge and practices that are embedded in their customary laws. These customary laws are usually orally transmitted and collectively instilled thru socio-political structures, cultural rights and leadership systems. As vessels of indigenous policies, governance of watersheds are intricate social expressions of indigenous worldviews that sees forest as life that imprints their cultural identity, a revered spiritual co-entity and base of intergenerational sustenance. Thus land and natural resources are communal and flexible towards semi-communal rights.

Most indigenous communities in the Philippines practice kaingin within forest slopes, which

represents common ‘policies’ in forest use. This can be mirrored in the ways of the Mangyan forest and land-use systems, who astonished scientific anthropological and upland agricultural researches on their traditional seed diversification numbering to more hundres in a community, soil and water conservation and watershed protection practices. The ‘kaingin system’ of the Mangyans employ agro-forest practices. Vegetation like succulent vines serves as indicators if area is good for upland agro production. Watershed areas were sub water tributaries or near rivers or streams are prohibited to be cultivated. For them water is sacred and must be kept pure or ‘sagda’. Certain areas of the forest deemed sacred and fragile link in the whole forest life is prohibited to be entered or ‘labang’. Old tree canopies, breeding grounds and habitats of birds, wild boars, reptiles or historically known as early settlements of ancestors are not disturbed for food production. The kaingin cycle is their central economic activity and influential part of their social life, marked by various rites and rituals. Areas with immature regeneration of vegetation or kalaanan mura are forbidden for kaingin. A prayer and a rite of paglalawag is done to obtain permission nature before clearing second growth forest with mature successions or kalaanan gurang for kaingin activities. A kaingin lot is always less than half a hectare. However, this small area wil be planted by numerous grain varieties of rice, corn, wild sorghum, bananas, root crops like cassava, yams, sweet potato, wild legumes, etal; with papaya, fruit trees, bamboos, woods as fence, wind barriers and fire breaks. As it is, it is an exemplary model of sustainable agro-forestry. Further, the fallow period range from 7-15 years which gives ample time for succession of vegetations to regenerate. This is since defined territories are vast for small population of tribal settlement units who are generally nomadic and engage in coastal activities from time to time.

Meanwhile, land use systems of indigenous groups of the Cordillera rice terraces that have

enable annual abundant rice yield while protecting ecological integrity of their forests for centuries is an epitome of sustainable forest management even before ‘sustainable development’ was coined as central paradigm of environmental governance.

It is estimated that about 90% or 27 million has of our archipelago was forested when Spaniards came. Rich forest resources, minerals and potential ports enticed continuing expeditions of

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the conquerors. The base of 330 years of colonial reign is Regalian doctrine that states that all land of natural resources belongs to the King of Spain. This policy perpetuated to various royal decrees pertaining to forest resources and land rights. These decrees enable provision of timber for civil and naval needs, generation of revenue and foreign control over forest resources (Sajise 1998, Borlagdan, Guiang and Pulhin 2001, cited by Pulhin, 2002).

The Spanish established the Inspeccion Heneral de Montes in 1863 to oversee forest lands, all of which were legally claimed as public domain. In essence it was a sly ‘legal’ act of land grabbing of agricultural lands for private interest. The bureau’s policies accelerated privatization and forest clearance, noting that by 1870 the island of Cebu had already become severely deforested and eroded due to the expansion of sugar cane, rice, and corn cultivation and the rise of the timber industry. Though mining was not extensive, vast forest clearings supplied timber needs for ports and shipbuilding for the Galleon Trade along with expansion of encomienda and hacienda for the cash-crop economy for more than a century. Demand for timber log heightened not just for trade but for war ships during European and Spanish Wars. The island of Mindoro, the Sierra Madre Range and Caraballo Range was among the main sources of prime timbers for ship building in the wharves of Cavite The practice of polo y servicios or slave labor among Indios include not just farm toil, construction of ports, cathedrals and dirt from manually forest clearing of humongous tree canopy areas as it was the trees that was on shortage but labor force. Labor force was crucial as the colonial government has already entered trade activities in selling timber out of the country.

In 1867, the first decree for timber license was promulgated and led to creation of 12 Plaze de Montes or offices to regulate timber market. These decrees eroded forest and land use knowledge systems and practices. Favor and gains thru the forest decrees enable dominant economic and political power of few elites including church and Spanish officials and clans, who either are mestizos or favored by the Spanish government. Annual forest reduction from 1863 to 1900 was 51,000 hectares because of the increased demand for agricultural lands and settlement areas (VitugAfter 300 years of Spanish colonial rule, it is estimated that about 21 million or 70% of forest cover remain.

Forest Reserve System in Philippines - American Period

Compared to the Spaniards, the American colonizers were able to extensively exploit the forests of the country thru punitive means. Below are important laws that contributed to decline of forest cover to 49% or 10 million hectares lost or annual average deforestation of 200,000 hectares (Sajise 1998, Borlagdan, Guiang and Pulhin ,2001, cited by Pulhin, 2002). Below are some important laws that contributed to this (Table 1):

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Table 1. Important forestrr laws during the American Period.

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The introduction of mechanized logging enabled Americans to extract timber more effectively and efficiently in a decade compare to centuries of Spanish rule. The 1904 Forest Act further enable institutionalization of technical schools in Forestry to support its agencies and activities, one of the primary is the College of Forestry in UPLB. Forest industry primarily timber, ranked 4th in production and 2nd in employment generating an annual revenue averaging at P2.3 million. These economic gains translated to social unrests and signal animosity against colonial rule. Reforestation attempts were conducted but failed. Demands for war purposes increased in 1940s, leading to increase in the drastic exploitation of rainforests (cited by Pulhin 2002). In 1904, when the American Insular Lumber Company was granted a 30,000-hectare, 20-year renewable concession in northern Negros.

Employing the latest steam locomotive and milling technology from the U.S. Pacific Northwest, the company began producing 30 cubic meters of dipterocarp lumber per hour, introducing timber to the world market under the misnomer “Philippine mahogany.” Shortly thereafter, a number of other American timber companies launched operations in the Philippines (CFI__). In 1934, 17 million hectares of forest land or 57 percent of the total land area remained. Of the 17 million hectares, 11 million hectares were virgin forests. In 1935, under the Commonwealth government, the rate of conversion of forests to other land uses accelerated as the population increased and commercial crops spread. From 1920s-1960s, Philippines was Asia’s largest exporter of rainforest timber, primarily to US and Japan (Vitug, 1993).

Forest Reserve System in Philippines - Post War Era

Probably the combination of forces that had tremendous impact on the forestry sector is rapid population growth and destructive logging. Many of the population that had no place else to go in the lowlands migrated into the uplands. The influx of people in the uplands was made easier due to the presence of logging roads and logged-over areas became faster and easier to clear for agricultural purposes with the use of fire. The State perpetuated the Regalian Doctrine in its constitutions and forest policies leading to traditional punitive and regulatory mechanism. Nonetheless gaps and failures in bureaucratic implementation led to further forest degeneration. As a reaction, advocacy for sustainable forest management gained space and brought about the formation of regulated felling procedures known as the Philippine Selective Logging System (PSLS), was introduced in 1953. Upland settlers population by open-access cause by loging roads were accommodated thru Homestead Act.This brought destruction to the forest and during the 1960s the rate of forest destruction reached as high as 300,000 ha annually. The intensity of logging activities has declined because the forest has declined. The migration into the forest, however, continues. It is estimated that the population in the uplands is more than 20 million as result of open access created by logging roads (Vitug, 1993).

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Severe poverty problems in the rural areas topped by environmental plunder that heightened social inequities resulted to great social unrest. While logging moguls hoarded economic power and gained political clout, vulnerable communities suffer calamities and social degeneration as the aftermath of forest denudation. Policies enacted during the Martial rule encompassed P.D. 705 or the Revised Forestry Code that economic and extractive in orientation. Technical expertise and economic interests of forest academe, private and institutional actors were also oriented by demands of forest logging concessioners. Then Bureau of Forestry Development and its regional directors along with forestry officials were tainted with corruption and power being an agency with expansive jurisdiction and control on release of resource use permit and renewal of concessions.

When Marcos ascended to the presidency in 1965, deforestation peaked as the number of logging concessionaires grew, the export market became hungrier for logs, and the population increased. Under his regime, the number of timber license agreements (TLAs) granted also soared. As logging rights to vast forest concessions, TLAs were used as a tool to cement political patronage and as a means to strengthen Marcos’ political network. That is, forest concessions were dispensed to the president’s cronies as a reward for political loyalty (Vitug, 1993 as cited by Pulhin 2002). Experiencing eventually the inevitable results of several decades of forest exploitation, the Marcos administration formulated a number of programmes that rallied the involvement of individuals and upland communities in forest management. These included the Forest Occupancy Management (FOM) in 1975 the Family Approach to Reforestation (FAR) in 1976,and Communal Tree Farming (CTF) in 1978. The Programme for Forest Ecosystem Management (PROPEM) was also introduced in 1978, requiring all citizens of the Philippines to plant one tree a month for a period of five years (Boado 1998; Sajise 1998 ; Pulhin 1998 as cited by Pulhin 2002). By 1977, 8.3 million hectares of forest area were licensed for logging. In the late 1970s, the government became aware of the dangers of deforestation and began to impose restrictions. The amount of forested land and the volume of forest exports declined. By 1988, 120 licensed loggers, operating on a total area of 4.74 million hectares, cut an estimated 4.2 millon cubic meters of logs and exported 644 million board feet. The contribution of logs and lumber to total Philippine exports declined from 25 percent in 1969 to 2 percent in 1988. Logging was a profitable business at the end of the 1980s. Actual forested land was estimated to be about 6.5 million hectares--more than 21.5 percent of Philippine territory--and much of that was in higher elevations and on steep slopes. The government facilitated the exploitation of the country’s forest resources for the first three decades after independence by allocating the bulk of unclassified land as public forest land eligible to be licensed for logging, and by implementing policies of low forest charges and export taxes. Logs were a major foreign-exchange earner (Vitug 1993, as cited by Pulhin 2002). Below are major forest policies from 1970s to 1990s (Table 2).

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Table 2. Major policies from 1970s to 1990s.

Source: Giang, 2000

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Civil society movement and government reforms brought upon post-1986 policy reforms especially in tenure issues from punitive to a more people-oriented approach. Nationwide multi sectoral consultation and became the bases for the Master Plan for Forest Development (MPFD) formulated in 1990. Subsequent policy drafts on Forest Code, a National Integrated Protected Area System Act, and an Environmental Code emphasizing protection and conservation paradigms. In 1992 a complete ban on the logging of the remaining old growth forest was introduced and granting of TLAs were cancelled.

As timber production shifted to residual forest, old growth forest, national parks and other protected areas are to be placed under an Integrated Protected Area System (IPAS). Thru MPFD, one million hectares of residual logged-over forest has been targeted for management under the Community Forestry Program over the next 25 years. This was affirmed by E.O. 263 of 1993 that stated Community Based Forest Management as the key strategy of sustainable forest management. This program aims to involve local communities in the management of the forest resource and to encourage the large companies to focus more on processing of the products produced by the community projects (Pulhin 2002). In 1991, R.A. 7161 was enacted that increase forest charges on prime timber species, a policy critical in hampering unbridled timber extraction. Below are key forest policies related to paradigm shift from centralized and punitive policy approaches to social forestry and community based policy framework (Table 3).

Currently the Philippine Forest policy under CBFM is yet to gain solid results in terms of institutional strength, self-reliant and capable local communities that would manage forests and increasing forest cover and other production benefits. Aside from numerous structural and institutional issues like shuffling of non-technical personalities as agency leaders, economic pressures, rural poverty, land use conversion, etc, one of the primary factor that impede realization of its goals is the central national forest policy is still extraction oriented which is P.D. 705. Lack of consensus building among various institution including the private sector, politicians, academe, civil society and government impedes the processing and enactment of a Sustainable Forest Management Bill. The passage of the bill would have act as a cohesive and comprehensive policy that would cater to project the transition towards sustainable forest management in the national scale. Meanwhile, thru the National Greening Program, efforts are made to integrate and coordinate multi-aspects of forestry goals in forest rehabilitation and reforestation among various regions and institutions in the country.

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Table 3. Community based policy framework.

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Environmental Policies related to Climate Change

To address the environmental issues that started to plague the country and to understand the rational and scope of R.A. 9729/R.A. 10174 and how it can be adapted in the local level; different rules, regulations and policies on environmental protection were created.

Waste Management Related Policies

• September 5, 1938 – Commonwealth Act No. 383o “An Act to punish the dumping into any river or refuse, waste matter or substances of any

kind whatsoever that may bring about the rise or falling of river beds or cause artificial alluvial formations”

o This strict implementation of this act should have contributed to the mitigation of climate change since future climate change scenarios include changes in precipitation levels, thereby affecting the condition of river systems.

• June 18, 1964 - Republic Act 3931, “An Act creating the National Water and Air Pollution Control Commission.”

o This policy prohibits water and air pollution, critical for maintaining a wholesome ecosystem

• November 7, 1975 – PD 825o Provides penalties for improper disposal of garbage and other form of uncleanliness, as

well as prohibits dumping and littering and idle lots in Greater Manila.

• December 23, 1975 - PD 856 or the “Code on Sanitation of the Philippines” o sets guidelines for the sanitary operation of around 20 establishment types and processes.

• August 18, 1976 - PD 984 o “Providing for the revision of Republic Act 3931, commonly known as the Pollution Control

Policy and for other purposes” added land pollution in RA 3931 guidelines

• November 28, 1977 - PD 1251 o “Imposing a fee on operating mining companies to be known as ‘mine wastes and tailings

fee’ to compensate for damages to private landowners and for other purposes.” Pollution control fees are imposed for mining companies.

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• January 26, 2001 – Republic Act 9003 o Ecological Solid Waste Management Act of 2000. This is a policy “providing for an ecological

solid waste management program, creating the necessary institutional mechanisms and incentives, declaring certain acts prohibited and providing penalties, appropriating funds therefore, and for other purposes.” Solid waste management should be managed ecologically, and not through environmentally-destructive means.

• RA 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

o Parallel to the move in the international area on the control and reduction of hazardous wastes, the Philippines signed into policy RA 6969 otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Act of 1990. The scope of this Act covers importation, manufacturing, handling, storage, transportation, sale and distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines including the entry, even in transit as well as the keeping, storage or disposal of hazardous and nuclear wastes into the country for whatever purpose. The main objectives were: keep an inventory of chemicals, monitor and regulate the industry, inform and educate the people regarding the hazards and risks and prevent entry, storage and disposal of hazardous and nuclear wastes into the country. Under the Act, a Inter-Agency Technical Advisory Council is established which is headed by the Secretary of Environment and Natural Resources. The core functions of the Council revolve around the formulation of pertinent rules regarding the implementation of the Act.

o On the national level, implementation of the Act involves the Enviroment Management Bureau (EMB) which a Bureau under the DENR. DENR-EMB developed Philippine Inventory of Chemicals and Chemical Substances (PICCS) in 2000 which is an inventory of chemicals and chemical substances used throughout the country. It has about 24,000 chemicals and chemical substances in its database. Not included in the PICCS inventory are non-chemical substances, naturally occurring substances, mixtures, and radioactive substances, pesticides, drugs, foodstuffs and cosmetics that are regulated by other policys. RA3720 regulates food, drugs and cosmetics which is implemented by the Bureau of Food and Drugs (BFAD). Agricultural chemicals are regulated by PD 1144 which is monitored by the Fertilizer and Pesticides Authority (FPA) under the Department of Agriculture (DA). Nuclear Wastes under Chapter VIII as stated in RA 6969 are monitored by the Philippine Nuclear Research Institute (PNRI) which is under the Department of Science and Technology (DOST).

o The contribution of toxic/hazardous and nuclear waste to climate change is not easy to compute. Pollution is often a result of a combination of different types of pollutants that

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comes in many forms. Though in the Philippines, the LGUs are the primary implementers of national programs, they should be guided not just by the policies available but by the different national agencies mandated to provide information and technical assistance. Technologies and programs to be adopted by a municipality should be location and case specific.

Clean Air Related Policies

• P.D. 1181 - Prevention, Control and Abatement of Air Pollution from Motor Vehicles

o Its objective is to prevent, control, and abate the emission of air pollution from motor vehicles in order to protect the health and welfare of the people and to prevent or minimize damage to property and hazards to land transportation. One the prohibition is the discharge of air pollutants at level greater than the acceptable pollutant concentration standards prescribed by the National Pollution Control Commission. Owners and/or operators of motor vehicles shall not use their vehicles or cause or allow it to be used unless it meets the established emission standards.

• P.D. 1152 - The Philippines Environmental Code

o P.D. 1152 was enacted to achieve and maintain such levels of air quality as to protect public health and prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social economic development of the country. One of the provisions of the decree is the establishment of ambient air quality standards which will prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare. National emission standards for new and existing stationary and mobile sources of pollution were also established. National Pollution Control Commission is also responsible for the enforcement of ambient air quality emission.

• R.A. 8749 – Philippine Clean Air Act of 1997

It is the most recent policy on clean air that pursues a policy of balancing development and environmental protection and also focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution. In this policy, The Department shall prepare an annual National Air Quality Status Report

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which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework and establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. A system of planning and coordination is established and a common action plan shall be formulated for each airshed by a governing board headed by the Secretary of Environment and Natural Resources. The DENR, in coordination with other concerned agencies, reviews and or revises and publishes annually a list of hazardous air pollutants with corresponding ambient guideline values. The department also has the authority to issue permits for the prevention and abatement of air pollution, and is the primary government agency responsible for the implementation and enforcement. One of the important provisions of this act is the responsibility of Local Government units in the management and maintenance of air quality within their jurisdiction. Environment and Natural Resources Office in every province, city, or municipality headed by the environment and natural resources officer is also established in support with the Local Government Code of 1991.

Environmental Impact Assessment

• PD1151-Philippine Environmental Policy

In June 6, 1977, the law requires all agencies and instrumentalities of the nationalgovernment, including governmnet-owned or controlled operations, aswell as privatecorporations,firmsandentitiestoprepareanEnvironmentalImpactstatementstatingallactionsthatwillsignificantlyaffecttheenvironment.Thisincludes:environmentalimpactoftheproposedaction,projectorundertaking;anyadverseenvironmentaleffectwhichcannot be avoided if the project is implemented; alternative to the proposed action;determinationoftheconsistencyofshort-termusesoftheresourcesoftheenvironmentwithlong-termproductivity;andlastly,iftheprojectinvolvesuseofdepletableorrenewableresources,thereshouldbeafindingstatingthatitiswarranted.

• PD1152-Philippine Environment Code

The lawaimstoachieveandmaintain levelsofairquality toprotectpublichealthandpreventdamagestoplantandanimallifewhilepromotingsocialandeconomicdevelopmentof the country. It provided a comprehensive programof environmental protection andmanagement.Itprescribedenvironmentalqualitystandards.

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• PD 1586 - Establishing an Environmental Impact Statement System Including other Environmental Management Related Measures

This law was enacted n the pursuit of a comprehensive and integrated environmental protection program that will reconcile exigencies of socioeconomic undertakings with the requirements of environmental quality. It was signed by Ferdinand E. Marcos in June 11, 1978.

• PD 1521 -Imposing a Fee on Operating Mining Companies to be kown as “Mine Wastes and Tailings Fee to Compensate for Damages to private landowners and for other purposes

The law aims to abate pollution and maintain a healthy environment. It requires mining companies to revegetate and rehabilitate silted farm lands and other areas devoted to aquaculture and fishing similar to its original conditions. The law aims to generate funds by imposing a fee on operating mining companies.

The Climate Change Scenario in the Philippines

The Philippines is visited by an average of 20 typhoons annually causing deaths of over 25,000 for the last 20 years excluding typhoons from 2009 onwards. In 2009 alone, the country suffered the worst disaster from a relatively weak typhoon but dumped an equivalent of a month’s rain in just 6 hours. The Philippines is one of the vulnerable countries in the world to the impacts of climate change such as increases in temperature, sea level rise and extreme weather events. The impacts of climate change especially from extreme weather events has resulted in billions of pesos in damages to property and the loss of thousands of lives. While the world grapples to find a lasting solution to climate crisis, the threats to countries like the Philippines have become unprecedented and climate impact will continue to unfold in the coming decades.

This archipelagic nation of close to 100 million people, now faces threats from more intense storms, drastic changes in rainfall patterns, and accelerated sea level rise that will result to many communities in flood and hazard prone areas and coastal areas to geographical relocation.

The Philippines is vulnerable to the impacts of climate change because of its geographical location, archipelagic formation and ever-growing population. As state policy 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, the Government enacted Republic Act 9729 or the Climate Change Act of 2009 on October 23, 2009.

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Since the issue of climate change cuts across all sectors of society, and most government agencies need to be involved, an institutional mechanism that can guide and coordinate the different agencies was established. Under the policy, the Commission is mandated to formulate the National Framework Strategy on Climate Change (NFSCC) within six months after its effectivity. The Framework serves as the basis for the crafting of a plan of action, the National Climate Change Action Plan (NCCAP). The policy also provides that the NCCAP must be completed one year after the approval of the NFSCC. The NCCAP shall serve as guide in climate change planning, research and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change.

The policy also elevates the issue of climate change to the level of national security and to the level of a presidential attention, as it established a coordinating and policy-making body, the Climate Change Commission, to effectively deal with the issue of climate change. Furthermore, the Commission was placed under the Office of the President (OP) to act as a policy-making, coordinating, monitoring and evaluating body for the implementation of climate change-related programs and actions of government.

The Commission is chaired by President Benigno Aquino III. Joining him in the Commission are three commissioners who have a fix term of six years. They are Secretary Mary Ann Lucille Sering, appointed as vice chairperson of the Commission and the Executive Director of the Climate Change Office; Commissioners Heherson T. Alvarez and Naderev M. Saño. A total of 23 government agencies, local government units and representatives from the academe, business sector, and nongovernment organizations (NGOs) compose the body’s advisory board to ensure accountability. In April 2010, the official National Framework Strategy on Climate Change (NFSCC) which the Commission crafted, was approved.

The Commission recognizes the role of local government units as the frontline agencies on climate change actions. LGUs are mandated to draft their respective local climate change action plans (LCCAP), consistent with the NFSCC, the NCCAP, and the provisions of the Local Government Code (Sec 14., RA 9729).

In 2011, the Commission has formulated the national program on climate change, in consultation with key stakeholders in the global, national and local level. Mainstreaming of climate risk reduction into national, sector and local development plans and programs, among others has also been initiated.

The Commission has made the crafting of the NCCAP its top priority. Using the NFSCC as guide, and in consultation with various concerned sectors, the NCCAP identified seven strategic directions to

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be pursued from 2011 to 2028. With the twin long-term objectives of building resilience and successful transition toward climate-smart development, the country works through seven strategic priorities: food security, water sufficiency, ecosystem and environmental stability, human security, climate-smart industries and services, sustainable energy, and capacity development.

The NCCAP was signed on November 22, 2011 during the celebration of the National Climate Change Consciousness Week. In preparation for the localization of the NCCAP as mandated under RA 9729, the Commission conceptualized the Ecotown Framework.

The Climate Change Commission, through the National Strategic Framework on Climate Change, has laid down the country’s vision of a climate-risk resilient Philippines with healthy, safe prosperous and self-reliant communities, and thriving and productive ecosystems.

In the face of climate crisis, the Philippines has embarked on a dynamic process toward building a roadmap that serves as the basis for the national response to climate change, establishing an agenda upon which the country confronts the impacts of a changing climate and work toward its sustainable development goals.

In pursuing this vision, the country formulated its National Climate Change Action Plan, a groundbreaking milestone that set the Philippines’ agenda for action as it confronts the climate challenge. Consistent with the framework, the ultimate goal is to build the adaptive capacities of women and men in their communities, increase resilience of vulnerable sectors and natural ecosystems to climate change, and optimize mitigation opportunities toward gender-responsive and rights-based sustainable development.

On the other hand, RA 9729 and its revised version, RA 10174; as well as the National Climate Change Action Plan, may not have been necessary for addressing climate change in the first place, given the scope of earlier policies that addressed causative factors of climate change. Forest policies for example are directly related to climate change. Forests play important roles in mitigating the effects of anthropogenic climate change, due to the fact that trees and soils help regulate atmospheric temperatures through a process called evapotranspiration. Additionally, forests enrich the atmosphere by absorbing bad gases (example CO2 and other greenhouse gases) and producing oxygen. Due to this fact, addressing climate change issues could be done by effectively managing forests.

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Climate change policies in the Philippines

Philippines is a signatory to a number of international organizations such as United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. In 1991, an Interagency Committee on Climate Change was created. It served as the national coordination mechanism and administrative machinery for the implementation of the Philippines’ commitments to the UNFCCC. There are also a number of climate change related policies in the Policies which include the Biofuels Act of 2006, Renewable Energy Act of 2008, and the Climate Change Act of 2009.

Climate Change Act of 2009 - An Act Mainstreaming Climate Change into Government Policy Formulations, Establishing the Framework, Strategy and Program on Climate Change, Creating for this Purpose the Climate Change Commission, and for Other Purposes

The Climate Change Commission is chaired by the President with an Advisory Board composed of secretaries of DA, DOE, DENR, DepEd, DFA, DOH, DILG, DND, DPWH, DOST, DSWD, DTI and DOTC, Director General of NEDA and National Secuirty Council, President of League of Provinces, CIties, Municipalities and Liga ng mga barangay, and representatives from academe, business sector and NGO. The CCC was mandated to formulate the National Framework strategy on CLimate Change for 2010-2022. The framework takes into consideration and complies with the commitments of the Philippines in multilateral environmental treaties such as UNFCCC. It was developed based on the country’c climate change vulnerabilities, adaptation needs and mitigation potentials. One of the provision in the framework is for the LGUs to develop their own local action plans a year after the framework was developed.

The National Framework Strategy on Climate Change aims to make Philippines a climate risk-resilient with a healthy, safe, prosperous and self-reliant communities, and thriving and productive ecosystems. The goal was to build the adaptive capacity of communities and increase the resilience of natural ecosystems to climate change, and optimize mitigation opportunities towards sustainable development.

The framework was based on available information on climate parameters and most probable scenarios based on science, consensus and official baseline adopted by the government on Climate Change, It also includes an assessment of the country’s vulnerability and adaptive capacity together with the impacts of climate change in the sectors of water, biodiversity, forestry, coastal and marine, fisheries, agriculture, health, energy and infrastructure. It also features national development goals and priorities with multi-sectoral consultation as the process.

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For the foresty sector with the DENR as the lead agency, massive reforestation is proposed to sequester greenhouse gases. The program called National Greening Program (NGP) involve planting 20 million seedlings nationwide. Aside from the NGP, DENR is also designated as the operational arm for the REDD-plus activities in the Philippines.

References

Climate Change Policies and Initiatives in the Philippines. Climate Change/DNA-CDM Secretariat Office. Environmental Management Bureau.

“How a Bill becomes a Policy” (n.d.). House of Representatives. Retrieved January 2013 from: http://www.congress.gov.ph/legisinfo/index.php?l=process

“Legislative Process” (n.d.). Senate of the Philippines. Retrieved January 2013 from: http://www.senate.gov.ph/about/legpro.asp

Manual of Municipal Government Administration (1982). Department of Local Government – Bureau of Local Government Supervision.

Manual of Provincial and City Government Administration (1982). Department of Local Government – Bureau of Local Government Supervision.

Ortiz, Juanito S. (1992). The Barangays of the Philippies (revised edition). J Ortiz.

Pulhin, JM. (2002). Trends in Forest Policy of the Philippine. College of Forestry and Natural Resources, University of the Philippines at Los Baños. Policy Trend Reports 2002: 29-41

RA 7160. Local Government Code of 1991 (Repuplic Act 7160).

Van Den Top G. (2003). The Social Dynamics of Deforestation in the Philippines: Actors, Options and Motivations. Nordic Institute of Asian Studies. NAIS Copenhagen, Denmark

Vitug, MD. 1993. The Politics of Logging in the Philippines: Power from the Forest. Philippine Center for Investigative Journalism in the Philippines. Philippines

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Appendix 1 (IRR of RA 9729)

MALACAÑAN PALACE MANILA

Climate Change Commission

Administrative Order No. 2010 – 01 January 20, 2010

SUBJECT : IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 9729

Pursuant to the provisions of Section 22 of Republic Act 9729, otherwise known as the “Climate Change Act of 2009,” the Climate Change Commission hereby adopts and promulgates the following rules and regulations:

PART I

GENERAL PROVISIONS

RULE I PRELIMINARY PROVISIONS

Section 1. Title. – These rules shall be known and cited as the “Implementing Rules and Regulations (IRR) of the “Climate Change Act of 2009”.

RULE II DECLARATION OF POLICY

SEC. 1. 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,

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to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. 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 country’s 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.

RULE III

DEFINITION OF TERMS

SEC . 1. Definition of Terms. – For purposes of implementing Republic Act No. 9729 (hereinafter referred to as the “Climate Change 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;

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(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 women’s as well as men’s 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 Earth’s 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;

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(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) “Policy oversight” shall mean that the Commission shall have the authority to issue rules and regulations governing, but not limited to, environmental pollution, clean air act implementation, solid waste management, greenhouse gases, ozone depleting substances, chemical control orders, conservation, land classification, forestry policies and operational plans, mine exploration and production sharing with government as well as financial and technical assistance arrangements, oil exploration and agreements, energy conservation subjects, and may amend, revise, reverse, revoke or modify existing rules, regulations and issuance which are contrary to or inconsistent with the climate change policies provided for under Republic Act 9729.

(q) “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; and

(r) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with, the 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.

PART II

THE CLIMATE CHANGE COMMISSION

RULE IV

CREATION, COMPOSITION AND QUALIFICATIONS OF COMMISSIONERS

SEC. 1. 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

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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 the Act. Pursuant to Section 6 of the Climate Act, it may call upon relevant government agencies to implement and pursue the various provisions of the Climate Act and the programs adopted by the Commission.

The Commission shall be organized based on the organizational structure and framework approved by the President as recommended by the Secretary of Budget and Management.

SEC. 2. 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 (DA); (b) Secretary of the Department of Energy (DOE); (c) Secretary of the Department of Environment and Natural Resources (DENR); (d) Secretary of the Department of Education (DepEd); (e) Secretary of the Department of Foreign Affairs (DFA); (f) Secretary of the Department of Health (DOH); (g) Secretary of the Department of the Interior and Local Government (DILG); (h) Secretary of the Department of National Defense (DND), in his capacity as Chair of the National Disaster Coordinating Council (NDCC); (i) Secretary of the Department of Public Works and Highways (DPWH); (j) Secretary of the Department of Science and Technology (DOST); (k) Secretary of the Department of Social Welfare and Development (DSWD); (l) Secretary of the Department of Trade and Industry (DTI); (m) Secretary of the Department of Transportation and Communications (DOTC); (n) Director-General of the National Economic and Development Authority (NEDA), in his capacity as Chair of the Philippine Council for Sustainable Development (PCSD); (o) Director-General of the National Security Council (NSC); (p) Chairperson of the National Commission on the Role of Filipino Women (NCRFW); (q) President of the League of Provinces of the Philippines (LPP); (r) President of the League of Cities of the Philippines (LCP); (s) President of the League of Municipalities of the Philippines (LMP); (t) President of the Liga ng mga Barangay; (u) One (1) Representative from the academe; (v) One (1) Representative from the business sector; and (w) One (1) Representative from nongovernmental organizations.

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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 to the Commission. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. The withdrawal of the appointment of the sectoral representative shall be submitted in writing to the Commission for the validation and approval, if appropriately validated, of majority of the Advisory Board. 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.

SEC. 3. Meetings of the Commission. – The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson.

SEC. 4. Agency Assistance. – The Chairperson, or in his/her absence, the Vice-Chairperson/Executive Director may likewise call upon other government agencies and their concerned officials for the effective implementation of the provisions of the Act.

All concerned government offices and officials shall likewise assist the Commission and provide resources to undertake/utilize strategic approaches and measures to prevent or reduce greenhouse gas emissions in the Philippines, including fuel efficiency, energy conservation, use of renewable energy, waste management, among others.

All concerned government offices and officials shall assist the Commission and provide resources to undertake/utilize strategic approaches and measures for climate change adaptation in the, but not limited to, most vulnerable sectors/areas like water, agriculture, coastal areas, as well as on the terrestrial and marine ecosystems, among others. Capacity building, continuing and innovative research and development, and technology transfer on climate change adaptation, at both the national and local levels, should be promoted.

SEC. 5. Qualifications, Tenure and Compensation of Commissioners. – The Commissioners must be Filipino citizens and 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 issues and of proven probity, honesty and integrity. 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 reappointed for another term: 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:

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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 benefits and other emoluments provided for under existing civil service rules and shall be subject to the same disqualifications.

SEC. 6: Role of the Commissioner. – The Vice-Chair as Executive Director of the Commission may assign roles and functions to a Commissioner appropriate with his/her skills and capacities.

RULE V

CLIMATE CHANGE OFFICE

SEC. 1. Climate Change Office. – The Climate Change Office created by the Climate Act to assist the Commission shall be headed by the 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 the Act, subject to civil service laws, rules and regulations.

The DBM shall carry out the approved offices, items and positions for the Commission including the national panel of technical experts to be hired by the Commission as provided for under Section 10 of the Climate Act.

Sec. 2. Appointment to the Climate Change Office. – The officers and employees of the Climate Change Office shall be appointed by the Vice Chairperson. The Executive Director shall in accordance with civil service, DBM, COA and government procurement rules and regulations, act as head of the Climate Change Office. He shall exercise administrative control and supervision over all the offices under it including the authority to discipline officers and employees thereunder.

RULE VI

POWERS AND FUNCTIONS OF THE COMMISSION

SEC . 1. Powers and Functions of the Commission. – The Commission shall have the following powers and functions:

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(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction and risk management, into the national, sectoral and local development plans and programs; (b) Coordinate and synchronize climate change programs of national government agencies; (c) Formulate and develop a Framework Strategy on Climate Change upon consultation with government agencies, LGUs, private sector, NGOs and civil society, and consolidate and institutionalize government initiatives to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities, programs and projects 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, through a massive and comprehensive public information and awareness campaign nationwide to educate the public on the climate change situation and its adverse effects, and integrate climate change mitigation and adaptation; (i) Formulate and undertake strategies on mitigating GHG and other anthropogenic causes of climate change, including fuel efficiency, energy conservation, use of renewable energy, and waste management, among others; (j) Coordinate and establish a close partnership with the NDCC in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters; (k) In coordination with the DFA, 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. (q) Perform such other function as may be directed by the President.

SEC. 2. Powers related to Policy Review and Evaluation

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The Commission shall coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities. It shall also encourage business, public and private sector compliance with existing environment, forestry, mining, energy, clean air, solid waste and land use laws, rules and regulations.

Pursuant to the Climate Act and Administrative Order 171, the Commission shall conduct rapid assessment on the impact of climate change to the Philippine setting, especially on the most vulnerable sectors/areas, like water, agriculture, coastal areas, as well as on the terrestrial and marine ecosystems, among others. For this purpose, it shall gather and analyze data from various government agencies and other institutions to ensure that the policies developed and adopted by the Commission, including the National Framework Strategy on Climate Change, is complied with. The Commission may call on government agencies and private institutions to collect and acquire accurate information needed for policy directions on climate change.

Sec. 3. International Negotiations. – The negotiating positions of the Philippines shall be developed through a multi-stakeholder and inter-agency process conducted by the Commission, which shall have the ultimate responsibility of adopting the official positions.

The DFA shall continue to be the official liaison with the UNFCCC Secretariat, and with other international negotiations on climate change.

The Vice-Chair shall, unless the Chair attend the high-level meetings, be the Head of Delegation and Chief Negotiator. The Vice-Chair, may appoint Lead Negotiators for climate change who will assist the Vice-Chair, and in the latter’s absence or inability to attend, designate one of them to represent him.

Sec. 4. Policy Oversight. – Pursuant to all the foregoing mandate of the Climate Act, the Climate Change Commission under the Office of the President shall have policy oversight over the various offices affecting climate change, through the concerned member departments of the Advisory Board.

RULE VII

TECHNICAL EXPERTS

SEC. 1. 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 management, and the

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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. The technical experts shall be hired by the Vice Chairperson, subject to the qualification and compensation set by law.

The Commission may also seek scientific and technical advise and assistance from university and science groups that will address an area of its concern.

PART III

FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE

RULE VIII

CLIMATE CHANGE FRAMEWORK AND PROGRAM

SEC. 1. Framework Strategy and Program on Climate Change. – The Commission shall, within six (6) months from the effectivity of the Act, formulate a Framework Strategy on Climate Change upon consultation with concerned government agencies, LGUs, private sector, NGOs and civil society. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities, programs and projects to protect vulnerable communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, bio-physical profiling and characterization, as socio-economic impact assessments, specific adaptation needs and mitigation potential, and in accordance with international agreements to which the Philippines is a Party. The Framework shall be reviewed every three (3) years, or as may be deemed necessary, in consultation with government agencies, LGUs, private sector, NGOs and civil society.

After the framework has been enacted, the Implementing Rules and Regulations/ Climate Change Office can be reviewed in consultation with government agencies, LGUs, private sector, NGOs and civil society, to align it with the framework strategy.

SEC. 2. Components of the Framework Strategy and Program on Climate Change. – The Framework shall include, but not be limited to, the following components:

(a) National priorities; (b) Impact, vulnerability and adaptation assessments;

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(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.

SEC. 3. National Climate Change Action Plan. – The Commission shall formulate a National Climate Change Action Plan upon consultation with concerned government agencies, LGUs, private sector, NGOs and civil society 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 be 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.

SEC. 4. 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. Non-government and People’s organizations as well as representatives from vulnerable sectors shall also be consulted.

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, preferably with training and knowledge on climate change or related subjects.

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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.

SEC. 5. 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 and initiate related activities. The training program shall include socioeconomic, geophysical, policy, and other contents 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 (GFIs), 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 the Act, issue and promulgate the implementing guidelines therefore.

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

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RULE IX

COORDINATION WITH OTHER AGENCIES

SEC. 1. Coordination with Various Sectors. – In the formulation of the Framework Strategy and 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, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.

RULE X

CLIMATE CHANGE GRANTS AND DONATIONS

SEC. 1. 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.

SEC. 2. 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.

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PART IV

FINAL PROVISIONS

RULE XI

ANNUAL REPORT AND OTHER PROVISIONS

SEC. 1. 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.

SEC. 2. Separability Clause. – If for any reason any section or provision of this Act is declared as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

SEC. 3. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Implementing Rules and Regulations are hereby repealed or modified accordingly.

SEC. 4. Effectivity. – This Implementing Rules and Regulations shall take effect immediately.

H.E. GLORIA MACAPAGAL ARROYO Chairperson

HON. HEHERSON T. ALVAREZVice Chairperson

Hon. mary Ann Lucille L. SeringCommissioner