Preview

Environmental Laws

Powerful Essays
Open Document
Open Document
22706 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Environmental Laws
MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 79

INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION OF MINERAL RESOURCES

WHEREAS, Section 16, Article II of the 1987 Constitution provides that the State shall protect and advance the right of the Filipino people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; chan robles virtual law library

WHEREAS, Section 1, Article XII of the 1987 Constitution seeks a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; an expanding productivity as the key to raising the quality of life for all, especially the underprivileged; and that in the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop;chanrobles virtual law library

WHEREAS, Section 2, Article XII of the 1987 Constitution provides that the exploration, development, and utilization of mineral resources shall be under the full control and supervision of the State; chanrobles virtual law library

WHEREAS, further to Section 2, Article XII of the 1987 Constitution, which recognizes the small-scale utilization of resources by Filipino citizens, small-scale mining shall be recognized as a formal sector of the industry; chan robles virtual law library

WHEREAS, Section 22, Article II of the 1987 Constitution provides that the State recognizes and promotes the right of indigenous cultural communities within the framework of national unity and development, and Republic Act (RA) No. 8371, or the Indigenous Peoples Rights Act (IPRA) of 1997, recognizes further the indigenous peoples’ (IPs) right to develop their lands and natural resources within their ancestral domains, subject

You May Also Find These Documents Helpful

  • Good Essays

    2. There shall be no interference by a public authority with the exercise of this right except such as is in…

    • 559 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Barrick Gold Corporation

    • 3105 Words
    • 9 Pages

    Canada Department of Foreign Affairs. "Mining in Developing Countries - Corporate Social Responsibility." The Government 's Response to the Report of the Standing Committee on Foreign Affairs and International Trade. 2005.…

    • 3105 Words
    • 9 Pages
    Best Essays
  • Good Essays

    Medicare Policy Analysis

    • 447980 Words
    • 1792 Pages

    Natural Resources, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions…

    • 447980 Words
    • 1792 Pages
    Good Essays
  • Powerful Essays

    The Act allows exploration through a mining administration system which is open and unbiased. The guiding principle is that exploration and mining rights are given to any candidate, who by merit, can show that they have the capability to carry out an agreed upon work programme. In the case of multiple applicants rights are allocated to the first qualified applicant. This system supports and protects the rights of all investors, both local and foreign, to prospect, explore and mine their mineral discoveries. Investors rights to mineral tenements, and their security of title are enshrined in the Mineral Resources Act.…

    • 5812 Words
    • 24 Pages
    Powerful Essays
  • Good Essays

    During the nineteenth and twentieth century, Texas held a one-party Democratic state until the 1970’s. Throughout this time, Democrats were scattered everywhere with different ideas and opinions. They competed with each other and chose their decisions as individuals and not as an integrated team. After Republicans managed to break the continuous Democratic streak, Democrats started slowly shifting to the elephant side, making it the dominant party in Texas.…

    • 318 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    References: Deleon, Hector, S. Philippine Constitution. 2008 Edition. LL.B., University of the Philippines. Philippines; 2008…

    • 2575 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Marcopper Draft Case

    • 3112 Words
    • 12 Pages

    Despite this negatives, the government of the Philippines still actively seeks to bring investments, like mining in the country. A republic act for Mining Act in 1985 was established which allows mining company to own 100% equity with lax environmental regulations to attract companies.…

    • 3112 Words
    • 12 Pages
    Powerful Essays
  • Better Essays

    That resolution declares that ‘the right of peoples and nation to permanent over their natural wealth and resources must be exercised in the interest of their national development and of the well-being of the people of the state concerned’…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    To achieve rapid economic development, many countries resort to various activities to use and take advantage of natural resources. One of such activities is mining. Thus, mining became an important activity which has potential for the contribution of development of areas enriched with resources.…

    • 2992 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    ➢ Mining operations threaten ecological sustainability. The Philippines is considered the fifth most highly mineralized country in the world. It is a significant producer of gold, copper, nickel and chromite and has in the recent past ranked among the world’s top 10 producers. It is also abundant in non-metallic and industrial minerals such as marble, limestone, clay, feldspar and aggregates. Since key provisions of the Mining Code were upheld by the Supreme Court in 2004, there has been a heavy influx of mining activity and investment; as of 2007, some 124 Mineral Production Sharing Agreements (MPSA) and around 4 Financial and Technical Assistance Agreements (FTAAs) had been issued (DENR-MGB 2011). The threat is compounded by the fact that most of the country’s priority conservation areas sit on top of huge mineral reserves. Thus there…

    • 1020 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Our country, the Philippines has been blessed with natural resources where other countries don’t have. Time by time, Filipinos have learned to utilize these resources for human necessities and for economic development. Some of these resources are converted to farms, subdivision and other infrastructure, mainly our forest.…

    • 334 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance, negligence or strict liability.1 The rules of Tort law in India were introduced under British rule. Initially, disputes arising within the presidency towns of Calcutta, Madras and Bombay were subjected to common law rules.2 Later, Indian courts outside the presidency were required by Acts of the British Parliament and Indian Laws to reconcile disputes in accordance to justice, equity and good conscience where there was no applicable statute3. Consequently, in suits for damages for torts (civil wrongs), courts followed the English Common Law in so far as it was consonant with these principles4.…

    • 1999 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    The Philippines is one of the countries to develop an extensive plan in saving the natural…

    • 1462 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The right of indigenous peoples (IPs) to education is provided in the Philippine Constitution, in Republic Act 8371, the Indigenous Peoples Rights Act (IPRA), of 1997, and the 2007 United Nations (UN) Declaration on the Rights of Indigenous Peoples. Article XIV of the Constitution mandates the State to recognize, respect, and protect the rights of IPs to preserve and develop their cultures, traditions, and institutions. The IPRA guarantees the rights of IPs to ancestral domain, self-governance and empowerment, social justice and human rights, education and cultural integrity. The UN Declaration on the Rights of…

    • 901 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Energy Studies

    • 5424 Words
    • 22 Pages

    where the exploration, production and transportation of natural resources take place has become a global concern and has been linked to the violation of human rights. Even though the idea of environmental protection is expressed in most National Constitutions, it is seen as a State duty and not a fundamental right. Using the environmental degradation experienced by Nauru and Nigeria’s Niger Delta, the paper seeks to state that the concept of Environmental Rights is a Human Right and should be recognized as a fundamental right. Environmental human rights are rights that are inherent in a human being, simply because he/she is human. It is indivisible, interrelated and interdependent with other human rights. Its violation is tantamount to the violation of other human rights. It cannot be derogated from neither is it a privilege, it is a right. Until Environmental Rights are seen in this light, the violation of this right will continue and MNCs and State Governments would have no cause to desist from the activities which are harmful to the environment and in turn, the people.…

    • 5424 Words
    • 22 Pages
    Powerful Essays