Climate Change Act of 2009: Framework and Effectiveness
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Transcript of Climate Change Act of 2009: Framework and Effectiveness
Angeles University FoundationSchool of LawAngeles City
2nd Semester/A.Y. 2009-2010
CLIMATE CHANGE ACT OF 2009:
LEGAL FRAMEWORK
AND
EFFECTIVENESS
by
Jhoanna Mariekar V. de GuzmanLaw 1A
Atty. Imelda Abadilla-BrownProfessor
(Legal Research)
RA 9729: Legal Framework & Effectiveness
March 27, 2010
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I. INTRODUCTION
Is the world – in particular the Philippines – ready to properly respond to climate
change, to ensure humanity’s survival and make life remain viable in our planet?
“In the panorama of the Earth’s geological age of 4.5 billion years, the
appearance of the precursors of homo sapiens 2 million years ago is but a
microsecond. The brevity of time notwithstanding, it is alleged that homo sapiens is the
species at the apex of the animal kingdom, having risen the evolutionary ladder
because of his cognitive, analytical, and creative mental powers. As a species however,
it must be recalled that man, as an animal, is but a strand in the web of life, inextricably
bound to the other strands by the elements of land, air, and water. We are therefore part
and parcel of Nature, a mere link in the entirety of the world around us. Being the
species that allegedly possesses the powers of thought we bear the responsibility and
play of the role of being the thinking part of Nature.” 1
Humans have carried too far the very idea that we are the most intelligent
creatures on earth. For hundreds of years, humans were in continuous search and
exploration on different materials to use for our day to day needs and luxuries in life.
Thus, we were able to reach this era in human life which we call modernism. We have
focused to a greater extent on how to make our life more convenient, more comfortable,
and more contemporary. Little, if any, consideration is given on the consequences of all
these innovations. As a result, we have “over-fished or dirtied our waters, exhausted or
contaminated our land, and spoiled the quality of the very air that we breathe”. 2
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As the years unfold, when we seemingly think that we can produce almost all that
we need to survive in this earth and when some think that they can almost hold the
whole world in their hands, the cost of all our indifferences to Nature starts to take its toll
on us.
The world in general and the Philippines in particular have been witnesses and
victims to the different catastrophes that happened lately. Mountainous regions were
swathed by mud because of landslides, provinces flustered by earthquakes, cities
devastated by typhoons like Ondoy and Pepeng, and the entire country is being
besieged by the El Nino phenomenon.
Recognizing the growing threat to sustainable development, the Philippines
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. 3 Also it seeks “the stabilization of
greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference.” 4 The State likewise adopts the strategic goals
in order to build national and local resilience to climate change-related disasters.5
II. NATIONAL SITUATION
A. Legal and Institutional Framework
Policy declares the desire and plan to give attention and address a particular
public concern. 6 These policies are reactions to the present situations of concerns that
the State and the citizens face. In the article of Antonio Oposa, he said that often, these
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RA 9729: Legal Framework & Effectiveness
policies are “crisis-driven in the sense that a situation must reach crisis proportions
before attention is given to a particular problem.”7 Focus on the natural resources
seemed to be the last on the list of priorities of each countries. Economic development
has always been the center of attention.
When the problem on global environmental degeneration became more and
more manifest, different countries, and Philippines alike promulgated policies and laws
to address these issues.
The 1987 Philippine Constitution expressly mandates that the State shall protect
and advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature. 8
As early as 1964, we already had the National Air and Water Act 9 which was
later on revised and strengthened by the Pollution Control Law. 10
After the Stockholm Conference in 1972, the administration of President
Ferdinand Marcos enacted the Environmental Policy Act declaring it a national policy “to
create, develop, maintain, and improve conditions under which man and nature can
thrive in productive and enjoyable harmony with each other.” 11
After which, the Philippine Environmental Code followed, outlining the guidelines
for the formulation of standards for natural resources management, land use
management, wildlife protection, and air and water quality, among others. 12
In 1999, the government saw it necessary to provide a specific law for the
protection of the Air, thus the Philippine Clean Air Act 13 was enacted. Not long after, the
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Clean Water Act of 2004 14 was promulgated with the policy of “formulat[ing] a holistic
national program of water quality management that recognizes that water quality
management issues cannot be separated from concerns about water sources and
ecological protection, water supply, public health and quality of life.”15
With regard the climate change in general, the Aquino administration created the
Inter Agency Committee on Climate Change (IACCC)16 and subsequently, President
Arroyo created the Presidential Task Force on Climate Change (PTFCC)17 to spearhead
the government's plan on helping the other countries and the rest of the world to
address the worsening problem on climate change.
Numerous other laws were enacted addressing the global environmental
degeneration, but all these boils down to the very idea that “a clean and healthy
environment is for the good of all and should, therefore, be the concern of all”. 18
B. Economic and Non-Economic Impacts of Climate Change
Climate change is existent and is really happening. This can be proven by
changing ecosystem, melting polar caps, dying coral reefs, extreme weather events,
and severe droughts.
According to Greenpeace Asia Energy Revolution, climate change is more than a
warming trend. Based on the Intergovernmental Panel on Climate Change's Third
Assessment Report, “increasing temperatures will lead to changes in many aspects of
weather, such as wind patterns, the amount and type of precipitation, and the types and
frequency of severe weather events that may be expected to occur. Such climate
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change could have far-reaching and/or unpredictable environmental, social and
economic consequences. Some of the likely impacts of climate change are:
1. Loss of fresh water: Within 50 years, the number of people facing water shortages will soar up to 5 billion out of a total of 8 billion.
2. Decline in agriculture output: It seems obvious that any significant change in climate on a global scale should impact local agriculture, and therefore affect the world's food supply.
3. Decreased soil fertility and erosion: The shift of vegetation, droughts, and change in precipitation will increase desertification. This will indirectly lead to increased use of chemical fertilizers, and industrial pollution.
4. Pests and diseases: Conditions will be more favorable for the proliferation of insect pests in warmer climates, such as mosquitoes carrying malaria.
5. Sea-level rise: As the world warms sea water itself will expand in size. This effect combined with the partial melting of land-based glaciers such as the Greenland Ice Sheet and sea-ice will result in a rise of sea level ranging from 0.1 to 0.5 meters by the middle of the next century. Such a rise will pose a threat to coastal communities, agriculture, coastal fresh water sources, as well as, threaten the existence of some Island states.
6. Increased occurrence of extreme weather events: The increased number of droughts, floods, storms, etc has a huge impact on society and economy.” 19
The organization also said that in the Philippines, “with climate change will come
water shortages and decreases in agricultural productivity and food security. Health will
be threatened by heat stress and increased chances of exposure to infectious
diseases.”20
Studies showed that there is also a tendency that the homes of those living in
low-lying coastal areas may be destroyed and the industry of tourism, to which many
Filipinos rely on, will also decline.
The extreme weather, floods, and droughts that we are already experiencing are
likely to worsen. Scientists had predicted that as extreme climate events increase in
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strength and frequency, more and more people are at a risk of losing their homes and
worse, their lives.
Climate change and its depressing impacts is an international issue that
concerns all fields of research and expertise including politics and economics.
A number of conferences and negotiations have been organized globally
concerning this anthropogenic phenomenon and one of its active supporters is the
Philippines. As part of its participation in the United Nations Framework Convention on
Climate Change and the recent Copenhagen Convention in 2009, the Philippines has
formulated a law that aims to address the growing and worsening impact of climate
change in the country.
III. R.A. 9729: CLIMATE CHANGE ACT OF 2009 21
In October 23, 2009, Congress passed R.A. 9729 to provide for the legislative
framework in addressing the oppressive problem of climate change in the country. The
National Government has promulgated the Implementing Rules and Regulations of R.A.
9729 on January 2010 per Administrative Order No. 2010 – 01 22. In view of the
pressing problem of climate change, this is the opportune time to assess its overall
conceptual approach in order to contextualize the implementation prospect of the
legislation and predict the likely challenges ahead.
A. Salient Features of the Law
Among the highlights of the law are:
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It establishes a Climate Change Commission which shall be an independent and autonomous body and shall have the same 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 this Act. The Commission shall be organized within sixty (60) days from the effectivity of this Act. (Section 4, RA 9729)
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. (Section 5, RA 9729)
The powers and functions of the Climate Change Commission as enumerated in Section 9, RA 9729.
The Commission shall, within six (6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change. The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in accordance with the international agreements. The Framework shall be reviewed every three (3) years, or as may be deemed necessary.(Sec. 11, RA 9729)
The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter. (Sec. 13, RA 9729)
The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan. (Sec. 14, RA 9729)
B. Institutional Approach
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At the onset, the Climate Change Act declares as a matter of public policy the
need to “cooperate with the global community in the resolution of climate change
issues, including disaster risk reduction [and] x x x to enjoin the participation of national
and local governments, businesses, non-government 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.” 23 The law further recognized the
need for the State to “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.” 24
For this purpose, the Climate Change Act established a Climate Change
Commission designated as the lead government agency tasked to spearhead efforts to
strengthen, integrate, consolidate and institutionalize government initiatives to achieve
synergy in the implementation of climate change plans and programs.
Pursuant to Section 4 hereof, the Commission is “an independent and
autonomous body” and “shall be the sole policy-making body of the government which
shall be tasked to coordinate, monitor and evaluate the programs and action plans of
the government relating to climate change pursuant to the provisions of [the] Act.
Although the Commission has been empowered to ensure the mainstreaming of
climate change, in synergy with disaster risk reduction, into national, sectoral, and local
development plans and programs,25 the Climate Change Act separately identifies the
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functions of other governmental agencies and departments consistent with their existing
mandates “to ensure the effective implementation of the framework strategy and
program on climate change.”
On this regard, the Department of Education is tasked to integrate climate
change into the primary and secondary education curricula and/or subjects; the
Department of Interior and Local Government is mandated to facilitate the development
and provision of a training program for LGUs in climate change; the Department of
Environment and Natural Resources is designated to oversee the establishment and
maintenance of a climate change information management system and network; the
Department of Foreign Affairs is mandated to review international agreements related to
climate change and make the necessary recommendation for ratification and
compliance by the government agencies, institutions, and LGUs; the Philippine
Information Agency is primarily responsible in disseminating information on climate
change, local vulnerabilities and risk, relevant laws and protocols and adaptation and
mitigation measures; and the different Government financial institutions are ordered to
provide preferential financial packages for climate change-related projects, in
consultation with the Bangko Sentral ng Pilipinas.
Consistent with the Philippine Agenda 21's basic principle of collective choices
and responsibility, the Climate Change Act facilitates coherent and cooperative human
endeavor from all sectors of society.
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The Climate Change Act proposes a scale and level of intervention that is area-
based. Hence, it requires a plan that is designed, owned and implemented at the local
levels. As already provided for in the law, localization efforts are at the core of
implementing the action agenda. Localization is a process that involves the formulation
of local sustainable development action agenda, and the establishment of local
sustainable development councils to implement the said agenda. 26 Philippine Agenda
21 sees that localization will ensure that sustainable development takes root in each
region, province, city, and municipality.
IV. ANALYSIS
To make the law better achieve its purpose, the spirit of international cooperation
shall be upheld in the areas of mutually beneficial exchange of information and
technology as well as in generating finance and financing mechanisms. The country
shall also remain steadfast in fulfilling its commitments in relevant global agreements.
At best, the Climate Change Act of 2009 reiterates what the international
community recognize as the most pressing problem faced by humanity that needs to be
addressed.
However, another law is not what the country needs really. What we need is a
concrete plan to help mitigate the effects of climate change, if not totally solve this
problem.
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There are already existing laws and promulgations prior to the enactment of the
Climate Change Act of 2009.
In 1991, President Aquino created the IACCC under the Environmental
Management Bureau of the Department of Environment and Natural Resources (DENR)
through Presidential Order No. 220. The essential mandate of the IACC is to perform
various coordinative, development and monitoring functions with respect to activities
related to climate change in the county. As an organization that is at the forefront in
advancing the government’s climate change agenda, the IACC likewise formulates
policy actions and recommendations while at the same time assumes a very significant
role in terms of shaping the Philippines’ national positions in the various international
negotiations that aim to mitigate the effects of global climate change and prevent the
worse possible consequences of this.
Just a year after the creation of the IACC, the Philippines signed the United
Nations Framework Convention on Climate Change (UNFCCC) and have agreed to the
mandate that "should protect the climate system for the benefit of present and future
generations of humankind, on the basis of equity and in accordance with their common
but differentiated responsibilities and respective capabilities." The IACC therefore
ensures the Philippines’ faithful compliance to the mandates and principles contained in
the UNFCCC and the Kyoto Protocol and sees to it that adequate public awareness
campaign and initiatives are held to bring the issue to all the sectors of the country.
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In 1997, the country drafted the National Action Plan on Climate Change (NAP),
becoming one of the world's first countries to produce such a plan. The NAP is a
framework aimed to identify the general thrusts for stakeholders, particularly the
government, to address the issue of climate change.
In the year 2007, the Arroyo administration created the PTFCC through
Administrative Order (AO) 171 in recognition of the "urgent need to confront the issue of
climate change and decisively address its adverse effects on the people and the
production sectors". She then appointed herself as head in 2008 and replaced DOE
Secretary Angelo Reyes so she can have a "hands-on approach in crafting and
implementing initiatives for environmental security".
Notably, pursuant to Section 23 of the newly passed Climate Change Act, the
long existing IACC and PTFCC were abolished in view of the newly established Climate
Change Commission. This newly created Commission has the very same function and
power as the two preceding agencies tasked “to harness and synergize the various
activities being undertaken by the national government and civil society in response to
the crisis posed by growing problem on climate change.”
Moreover, the National Action Plan drafted in 1997 will be disregarded as the
new Commission is to draft a new one that will be adopted by the LGUs.
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Instead of the Philippines, already being on the next stage towards addressing
the problem on climate change – execution and implementation of action plans – the
Climate Change Act brought us back to the first stage of mere planning and drafting.
Climate change was caused by a series of human acts that led to the depletion of
the ozone layer. It is apparent therefore that the solution to mitigate the effects of
climate change must also be in a series. This means that the strategies and actions
should be a continuous whole or a continuum. It must also be progressive.
The act of the government clearly is not progressive. The officials seem to have
been looking at solutions in isolation.
V. CONCLUSION
The Climate Change Act devolved to local government units and other agencies
some aspects of formulation, planning, and implementation of climate change action
plans. It is also worth noting that a clear time period has been set for these LGUs to do
their respective parts. The law clearly set a time-frame for these LGUs to present to the
Commission their action plans. The one month period after the LGU's adoption shall be
devoted to create, amend, modify and/or revise their action plans. It is worth stressing
that devolution can encourage the local governments to take an active role in helping to
address climate change.
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But in spite all these good points of the law, it must be stressed out that
everything does not stop on the creation of a law. It is just the starting point towards the
real solution. Efforts must be concentrated on implementing these laws instead of just
constantly enacting new laws to create new agencies that have no real difference with
the existing ones.
---------------------------------Footnote:
1. Oposa, Antonio A. (1997)The Role of Courts in Environmental Protection Law: IBP Journal and Magazine, Vol. XXIII (3), 88-93. 2 Ibid. 3 Philippine Agenda 21 <http://pcsd.neda.gov.ph/pa21.htm4 United Nations Framework Convention on Climate Change FCCC Convention Text 5 Hyogo Framework for Action <http://www.proventionconsortium.org/?pageid=366 Oposa, Antonio A. (1997)The Role of Courts in Environmental Protection Law: IBP Journal and Magazine, Vol. XXIII (3), 88-93. 7 Ibid.8 Constitution (1987), Article II, Section 169 Republic Act 393110 Presidential Decree 98411 Presidential Decree 115112 Presidential Decree 115213 Republic Act 874914 Republic Act 927515 Ibid., Section 216 Administrative Order No. 22017 Administrative Order No. 17118 Republic Act 8749, Section 219 Climate Change <http://www.greenpeace.org/seasia/en/asia-energy-revolution/climate-change20 Ibid.21 Republic Act 972922 Implementing Rules and Regulations of Republic Act 972923Republic Act 9729, Section 224 Ibid.25 Republic Act 9729, Section 9 (a)26 Philippine Agenda 21 <http://pcsd.neda.gov.ph/pa21.htm
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