(Delivered by Undersecretary for Attached Agencies and Chief of Staff Rodolfo C. Garcia)
(Salutations)
ON BEHALF OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, I WELCOME ALL OF YOU TO THE 4TH NATIONAL ENVIRONMENTAL LAW ENFORCEMENT SUMMIT.
THE SUMMIT THEME — SUSTAINING INTER-AGENCY COLLABORATIONS FOR INTENSIFIED ENVIRONMENTAL LAW ENFORCEMENT TOWARDS A BETTER ENVIRONMENT AMIDST PANDEMIC — BESPEAKS OF THE NEED THAT EMERGED IN THE INTERVENING YEARS, WHILE ALSO ADDRESSING THE NEW SITUATION BROUGHT ABOUT BY THE COVID-19 PANDEMIC.
THE INTERVENING YEARS SAW VIOLATORS OF ENVIRONMENTAL LAWS EVOLVING, MAINLY TO AVOID DETECTION. FROM BORACAY ISLAND TO THE COASTAL AREAS OF MANILA BAY, THEY USE UNDERGROUND PIPES TO FUNNEL UNTREATED WASTEWATER INTO THE SEA.
ANOTHER EXAMPLE IS THE USE OF CYBERSPACE TO TRANSACT ILLEGAL TRADING OF WILDLIFE.
DURING THE CURRENT PANDEMIC, RESTRICTIONS ON INTERZONAL MOVEMENTS AND NUMEROUS CHECKPOINTS // HAS DRIVEN VIOLATORS TO BECOME MORE CREATIVE. IF WE CAN USE DRONES WITH CAMERAS TO MONITOR FORESTS, THE COASTS AND THE SEAS, SO TOO CAN THE ENEMY.
THEY MAY ALSO USE ELECTRONIC PAYMENTS, TO STAY SAFE FROM MARKED MONEY. AND IF DESPERATE ENOUGH, THE ENEMY CAN USE FIREARMS AGAINST UNARMED ENFORCERS OF ENVIRONMENTAL LAWS.
THESE DEVELOPMENTS PRESENT US WITH MANY CHALLENGES, /TO WHICH WE MUST RESPOND COHESIVELY AS AN UNBROKEN AND UNBREAKABLE FRONT. THIS IS HOW CRUCIAL THIS NATIONAL ENVIRONMENTAL LAW ENFORCEMENT SUMMIT IS.
A FEW DECADES AGO, THERE WERE NOT SO MANY ENVIRONMENTAL LAWS TO ENFORCE. BUT SINCE 1990, THE LIST BEGAN TO GROW, IN QUICK SUCCESSION, FROM THE TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES ACT OF 1990, TO THE EXPANDED NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT OF 2018.
IN BETWEEN THESE WERE MANY LAWS THAT INCLUDE THE MINING ACT, THE CLEAN AIR ACT, THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT, THE WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT, THE CLEAN WATER ACT, AND THE CLIMATE CHANGE ACT.
THESE, IN ADDITION TO OLDER MANAGEMENT ENVIRONMENTAL LAWS, MADE IT NECESSARY FOR THE SUPREME COURT TO PROMULGATE IN 2010 ITS RULES OF PROCEDURE FOR ENVIRONMENTAL CASES.
IN ADDITION, THE PHILIPPINES IS A PARTY TO INTERNATIONAL ENVIRONMENTAL CONVENTIONS ON A BROAD RANGE OF CONCERNS, INCLUDING BIO-SAFETY, THE OZONE LAYER, GENETIC RESOURCES, // PERSISTENT ORGANIC POLLUTANTS, WETLANDS OF INTERNATIONAL IMPORTANCE, AND TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA.
SO YOU SEE, WE HAVE A LOT OF GROUND TO COVER — FROM RIDGE TO REEF, AND EVEN TO THE OPEN SEAS.
NOTWITHSTANDING RESULTS WE CAN BE PROUD OF, LET ME MENTION A FEW OF OUR ACCOMPLISHMENTS IN ENVIRONMENTAL LAW ENFORCEMENT:
• IN ILLEGAL LOGGING, WE NEUTRALIZED HOTSPOTS IN 19 MUNICIPALITIES IN 8 PROVINCES IN LUZON AND MINDANAO. WE MADE 923 APPREHENSIONS THAT RESULTED IN THE SEIZURE OF 721,580 BOARD FEET OF LOGS AND LUMBER, 1,444 SACKS OF CHARCOAL, AND 400 IMPLEMENTS AND CONVEYANCES.
• OUR 3,542 LAWIN PATROLLERS CONDUCTED 53,040 KILOMETERS OF FOREST PATROLS, IN WHICH THEY ADDRESSED 80% OF THE 3,367 THREATS THAT WERE OBSERVED.
• IN SOLID WASTE MANAGEMENT, WE WERE ABLE TO CLOSE ALL 335 OPEN DUMPSITES NATIONWIDE – A FEAT THAT 3 PREVIOUS PRESIDENTS FAILED TO CARRY OUT.
• IN REHABILITATING BORACAY ISLAND, WE FILED IN COURT 218 CASES AGAINST ILLEGAL OCCUPANTS, AND IDENTIFIED 68 ESTABLISHMENTS THAT WERE NOT COMPLIANT WITH THE 25 + 5 EASEMENT.
BUT WE DO HAVE LIMITATIONS. THE DENR, BY ITSELF, CANNOT ENFORCE ALL ENVIRONMENTAL LAWS ACROSS OUR ARCHIPELAGO. /THE CHALLENGE REQUIRES A WHOLE-OF-GOVERNMENT RESPONSE, AS WELL AS THE COOPERATION OF STAKEHOLDERS OUTSIDE THE GOVERNMENT, FROM HOST COMMUNITIES AND THE PRIVATE SECTOR, TO OUR FRIENDS ABROAD.
THAT IS WHY I AM DELIGHTED THAT AMONG THE PARTICIPANTS IN THIS SUMMIT ARE THE ASIAN DEVELOPMENT BANK, THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, THE EUROPEAN UNION, // AND THE UNITED NATIONS OFFICE ON DRUGS AND CRIME.
IN RECENT YEARS, THE DENR HAS BEEN IMPLEMENTING ENVIRONMENTAL LAWS QUITE SUCCESSFULLY, THANKS TO THE COOPERATION OF OTHER AGENCIES. THE MOST RECENT EXAMPLE OF THIS WAS THE CONFISCATION LATE LAST MONTH OF HEAVY EQUIPMENT USED TO MINE AND TRANSPORT THE VOLCANIC ROCK ANDESITE FROM AN ILLEGAL QUARRY IN LIAN, BATANGAS.
THE SURVEILLANCE AND SEIZURE WERE CARRIED OUT BY JOINT ELEMENTS OF THE DENR’S ENVIRONMENTAL LAW ENFORCEMENT AND PROTECTION SERVICE, THE NATIONAL BUREAU OF INVESTIGATION’S ENVIRONMENTAL CRIME DIVISION, THE ARMED FORCES OF THE PHILIPPINES, AND THE MINES AND GEO-SCIENCES BUREAU.
EARLIER, COOPERATIONS BETWEEN OUR THEN NEWLY-FORMED ENVIRONMENTAL LAW ENFORCEMENT AND PROTECTION SERVICE WITH THE NBI ALSO LED TO THE SEIZURE OF 18 KILOGRAMS OF AGARWOOD FROM ILLEGAL TRADERS; THE ILLEGAL AGARWOOD TRADE INVOLVES THE INDISCRIMINATE CUTTING OF THE THREATENED SPECIES OF PLANTS LOCALLY KNOWN AS LANETE AND LAPNISAN.
AS ENFORCERS ON THE GROUND, WE SEE THAT SOME OF OUR ENVIRONMENTAL LAWS ARE NO LONGER EFFECTIVE AS DETERRENTS. THE FINES FOR LITTERING UNDER THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT, FOR EXAMPLE, ARE TOO LIGHT COMPARED TO INTERNATIONAL STANDARDS, SO THAT VIOLATORS MAY FIND IT MORE PROFITABLE TO JUST DUMP A LOAD OF SOLID WASTES FROM A GARBAGE TRUCK INTO A RIVER, INSTEAD OF HAULING IT TO A SANITARY LANDFILL, BECAUSE THE FINE IS A MERE 300 TO 1,000 PESOS.
IN SINGAPORE, ONE CAN GET FINED 2,000 SINGAPORE DOLLARS — THAT’S AROUND 74,000 PESOS — FOR THE FIRST OFFENSE, SGD $4,000 FOR THE SECOND, AND SUBSEQUENTLY UP TO SGD $10,000, EVEN IF THE THING DROPPED IS JUST A CIGARETTE BUTT OR A PIECE OF TISSUE PAPER; BUT IF WASTE IS DUMPED FROM A VEHICLE, THE FINE IS SGD $50,000 AND/OR IMPRISONMENT OF UP TO A YEAR, WHILE THE FINE GETS DOUBLED FOR THE 2ND OFFENSE.
WHAT MORE ABOUT OUR REVISED FORESTRY CODE, WHICH IS NOW OVER 4 DECADES OLD, WHERE THE FINES ARE AS LOW AS 100 PESOS?
CLEARLY, SOME ENVIRONMENTAL LAWS NEED TO BE AMENDED. WHAT WE SHOULD FOCUS ON RIGHT NOW, // HOWEVER, /IS THE ENFORCEMENT OF THE LAWS AS THEY ARE PRESENTLY WRITTEN.
THAT SAID, WE SHOULD NONETHELESS CONTINUE TO VIGOROUSLY SUPPORT PENDING BILLS ON THE CREATION IN THE DENR OF THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT BUREAU AND ON AMENDMENTS TO THE WILDLIFE ACT.
THE MONTH-OLD ENVIRONMENTAL LAW ENFORCEMENT AND PROTECTION SERVICE OF THE DENR OPERATES UNARMED. WE DO NOT WANT ITS PERSONNEL TO BE ADDED TO THE GROWING LIST OF ENVIRONMENTAL HEROES WHO WERE KILLED IN THE LINE OF DUTY BY WELL-ARMED CRIMINALS.
IF THIS SERVICE CAN GET UPGRADED BY LAW INTO THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT BUREAU, LICENSED TO BEAR ARMS, IT CAN PERFORM ITS HAZARDOUS MISSION WITH GREATER SAFETY, CONFIDENCE, // AUTHORITY AND EFFECTIVENESS.
AS TO THE WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT OF 2001, AMENDING IT IS LONG OVERDUE.
OUR WILDLIFE ACT OF 2001 DID CRIMINALIZE SOME FORMS OF WILDLIFE TRADING. HOWEVER, THAT DID NOT STOP ILLEGAL WILDLIFE TRADING FROM GROWING IN SCALE AND SOPHISTICATION INTO A 50-BILLION-PESOS-A-YEAR INDUSTRY.
THE DENR HAS THUS BEEN PUSHING SINCE 2017 // TO GET THE WILDLIFE ACT AMENDED.
BILLS ARE NOW PENDING IN CONGRESS TO STRENGTHEN ENFORCEMENT OF THE WILDLIFE ACT, WITH THE INCLUSION OF ADMINISTRATIVE ADJUDICATION AND A MANDATE TO MANAGE, CONTROL, AND EVEN ERADICATE INVASIVE ALIEN SPECIES, IF NECESSARY.
THE LAW AS AMENDED WILL AUTHORIZE WILDLIFE LAW ENFORCEMENT OFFICERS // TO CARRY GOVERNMENT FIREARMS IN THE CONDUCT OF THEIR DUTIES. IT WILL ALSO MAKE EACH WILDLIFE SPECIES INVOLVED CONSTITUTE A SEPARATE COUNT OF VIOLATION OF THE LAW.
THUS, AN ILLEGAL WILDLIFE TRADER CAUGHT WITH 5 DIFFERENT WILDLIFE SPECIES WILL FACE 5 COUNTS OF VIOLATIONS, INSTEAD OF JUST 1 COUNT. // THE DEGREE OF ENDANGERMENT OF A SPECIES AND THE NUMBER OF SPECIMENS INVOLVED // CAN ALSO TRIGGER THE IMPOSITION OF THE MAXIMUM PENALTY; THE MORE ENDANGERED THE SPECIES, THE FEWER SPECIMENS WILL BE NEEDED TO MERIT THE MAXIMUM PENALTY. //
FOR OUR WAY FORWARD, WHILE WE AWAIT THE CREATION OF THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT BUREAU, WE ARE DIRECTING THE ENVIRONMENTAL LAW ENFORCEMENT AND PROTECTION SERVICE TO ASSIST THE REGIONAL OFFICES IN NEUTRALIZING ILLEGAL LOGGING HOTSPOTS AND CURBING ENVIRONMENTAL CRIMES.
WE WILL ALSO SPEED UP ADMINISTRATIVE ADJUDICATION PROCEEDINGS FOR APPREHENDED FOREST PRODUCTS. WE WILL REVIEW THE CHAINSAW ACT OF 2002, TO DEPRIVE ILLEGAL LOGGERS OF THE PRIMARY TOOL OF THEIR TRADE.
WE WILL CONTINUE IMPROVING THE MANILA BAY’S WATER QUALITY, AND CONDUCT A CARRYING CAPACITY STUDY ON MANILA BAY’S “DOLOMITE BEACH” IN PREPARATION FOR ITS EVENTUAL OPENING TO TOURISTS AND LOCAL RESIDENTS.
FOR BORACAY ISLAND, TO PRESERVE THE GAINS WE MADE IN ITS REHABILITATION, WE ARE SUPPORTING THE PASSAGE OF A LAW CREATING THE REGULATORY BORACAY ISLAND DEVELOPMENT AUTHORITY, AND WILL CLOSELY MONITOR ACTIVITIES THERE TO ENSURE STRICT COMPLIANCE WITH ENVIRONMENTAL LAWS.
ON CLEAN AIR, WE WILL REVISIT THE AIR QUALITY ACTION PLAN AND FRAMEWORK, TO IDENTIFY POLICY GAPS AND TO STRENGTHEN IMPLEMENTATION OF THE CLEAN AIR ACT. ON CLEAN WATER, WE WILL CLEAN AND REHABILITATE DEGRADED RIVERS AND OTHER WATER BODIES, // STARTING WITH THOSE IN HIGHLY URBANIZED CITIES.
WE MUST REPLICATE IN THE REGIONS THE IMPROVEMENTS WE MADE IN WATER QUALITY OF BORACAY ISLAND AND MANILA BAY, IN TERMS OF BIOLOGICAL OXYGEN DEMAND AND FECAL COLIFORM LEVELS.
IN THE AREA OF RESPONSIBLE MINING, WE WILL CONTINUE TO BE PROACTIVE AND AGGRESSIVE IN MONITORING THE COMPLIANCE OF MINING COMPANIES WITH ENVIRONMENTAL RULES AND REGULATIONS TO ENSURE THE SAFETY AND WELL-BEING OF HOST AND SURROUNDING COMMUNITIES.
TOGETHER, LET US STAY VIGILANT, /ASSERTIVE AND COHESIVE AS STEWARDS AND GUARDIANS OF THE ENVIRONMENT.
ON THIS NOTE, WITH THE QUALITY OF OUR ENVIRONMENTAL FUTURE AT STAKE, I URGE ALL OF THE PARTICIPANTS IN THIS SUMMIT // TO CONTRIBUTE THEIR UTMOST FOR ITS SUCCESS.
MARAMING SALAMAT PO, AT MABUHAY TAYONG LAHAT!
