STRATEGIC POLICY RESPONSE · vii Foreword The Southeast Asian Regional Center for Graduate Study...

STRATEGIC POLICY RESPONSE TO CLIMATE CHANGE IN THE PHILIPPINES Vol. 1:

Portfolio of Climate Change Policies in Agriculture

The Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA) is one of the 24 regional centers of excellence of the Southeast Asian Ministers of Education Organization (SEAMEO). Founded on 27 November 1966, SEARCA is mandated to strengthen institutional capacities in agricultural and rural development in Southeast Asia through graduate scholarship, research and development, and knowledge management. It serves the 11 SEAMEO member countries, namely, Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam, and Timor-Leste. SEARCA is hosted by the Government of the Philippines on the campus of the University of the Philippines Los Baños (UPLB) in Laguna, Philippines. It is supported by donations from SEAMEO members and associate member states, other governments, and various international donor agencies.

Strategic Policy Response to Climate Change in the Philippines Vol. 1: Portfolio of Climate Change Policies in AgricultureAuthors: Lucrecio L. Rebugio, Susan Sandra L. Ilao, Bessie M. Burgos, Carmen Nyhria G. Rogel, Bjoern Ole Sander, and Reiner Wassmann

Published by SEARCA and IRRI Printed in the Republic of the Philippines First printing 2018 Philippine Copyright 2018 by SEARCA and IRRI Suggested Citation: Rebugio, L.L., S.S.L. Ilao, B.M. Burgos, C.N.G. Rogel, B.O. Sander, and R. Wassman. 2018. Strategic Policy Response to Climate Change in the Philippines Vol. 1: Portfolio of Climate Change Policies in Agriculture. Laguna, Philippines: Southeast Asian Regional Center for Graduate Study and Research in Agriculture and International Rice Research Institute. Parts of this publication may be quoted without permission by other scholarly writing and in popular writing as long as credit is given to the source. However, it may not be reproduced or transmitted in its entirety in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without permission in writing from SEARCA. The opinions expressed in this publication are those of the authors and do not necessarily reflect SEARCA’s position. This publication was peer reviewed. Cover photo credits: Mauricio Victa, IRRI, and Joel C. Forte p-ISSN: 978-971-560-236-5 e-ISSN: 978-971-560-237-2

STRATEGIC POLICY RESPONSE TO CLIMATE CHANGE IN THE PHILIPPINES Vol. 1:

Portfolio of Climate Change Policies in Agriculture

Lucrecio L. RebugioSusan Sandra L. Ilao

Bessie M. Burgos Carmen Nyhria G. Rogel

Bjoern Ole Sander Reiner Wassmann

Southeast Asian Regional Center for Graduate Study and Research in Agriculture

(SEARCA)

2018

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Table of Contents

List of Figures vi

Foreword vii

Acknowledgment ix

About the Authors xAcronyms xii

Introduction 1

What is a Portfolio of Climate Change Policies? 3

Brief History of Climate Change Policy Response Initiatives 4

Hierarchy of General Climate Change Policies 6

The Philippine Constitution 6

Enabling Laws 6

International Treaties and Agreements 13

Climate Change Strategy and Action Plan 14

Implementing Rules and Regulations 16

Local Ordinances 19

Climate Change Policies in Agriculture 20

Legislative Enactments 20

Administrative Orders, Memorandum Circulars, and Special Orders 22

The Challenge Ahead 27

References 29

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List of Figures

1 Simplified framework for a climate change policy response strategy

1

2 Hierarchy of climate change policies in the Philippines 3

3 Chronology of policy issuances governing climate change actions in the Philippines, 1991–2018

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Foreword

The Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA) is pleased to present this publication Strategic Policy Response to Climate Change in the Philippines Vol. 1: Portfolio of Climate Change Policies in Agriculture. This is the first of twin handbooks developed from the results of the research titled “National Action Plans for Mitigation in Rice: Comparative Assessment of Institutional Setting and Possible Entry Points for Intervention in the Philippines and Vietnam” implemented by SEARCA through the collaboration and funding support of the International Rice Research Institute (IRRI).

This publication features relevant information on climate change mitigation policies, particularly those pertinent to the Philippine agriculture sector. This would also be an important entry point for further policy research or deeper investigation of the translation of national climate change policies into ordinances and enabling mechanisms at the local level.

Our hope is for this publication to promote a wider appreciation of the elements and strategies in climate change policy process among researchers, policy analysts and policymakers, students and teachers, and other stakeholders in the agriculture, natural resources and environment, and other related sectors in the Philippines and other ASEAN countries.

We thank and congratulate the authors for delving into the climate change policies and the dynamics of their implementation in agriculture. Our appreciation also extends to IRRI for the support and technical inputs in the research and the successful publication of this handbook. We look forward to future collaboration with IRRI in other areas of common interest towards the agricultural and rural development of the Philippines and the region as whole.

Fernando C. Sanchez, Jr.Chair, SEARCA Governing Board

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Acknowledgment

This monograph is based on the results of the project titled “National Action Plans for Mitigation in Rice: Comparative Assessment of Institutional Setting and Possible Entry Points for Intervention in the Philippines and Vietnam” conducted from June 2016 to January 2017. It is also based on the team leader’s presentation during the “Climate Policy Workshop—1st Stakeholder Engagement Workshop: NAMA Formulation in Support of NDC Implementation in the Rice Sector of Vietnam” on 20 June 2017 held in Hanoi, Vietnam.

Primary data for the Philippine situation were gathered through key informant interviews of officials and staff working on climate change policies and initiatives from various institutions and stakeholder groups, at the national and regional levels in Manila and Central Luzon, respectively. At the local level, a small focus group discussion was conducted among officials and members of the Pula-Buliran Irrigators’ Association in Nueva Ecija, Central Luzon.

The authors sincerely thank all the people and institutions that extended full support and cooperation in the data gathering. They also deeply appreciate the technical, financial, and organizational support of SEARCA and IRRI to the project.

This work was implemented as part of the CGIAR Research Program on Climate Change, Agriculture, and Food Security, which is carried out with support from CGIAR Fund Donors and through bilateral funding agreements. For details please visit https://ccafs.cgiar.org/donors. The views expressed in this document cannot be taken to reflect the official opinions of these organizations. This study also received support through the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants.

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About the Authors

LUCRECIO L. REBUGIO is a professor emeritus at the Department of Social Forestry and Governance, College of Forestry and Natural Resources (CFNR), UPLB. He is the former dean of CFNR, former director of the Policy Research Center and FAO-SIDA Regional (Asia-Pacific) Forestry Education Development Center, CFNR, and former vice-chancellor for community affairs of UPLB. Dr. Rebugio obtained his PhD in Community Development from UPLB and Master of Forestry (Forest Administration and Natural Resource Sociology) from the Yale School of Forestry and Environmental Studies (YSFES), New Haven, Connecticut, USA. He was a visiting associate professor of tropical forest sociology at YSFES; and UNDP-FAO chief technical adviser on forestry education development, Chittagong University (CU), Institute of Forestry and Environmental Sciences (IFES), Bangladesh. Dr. Rebugio has authored articles published in international journals and has presented papers in national and international conferences on forestry education, social forestry, climate change, and sustainable natural resources and environmental management. He is also a recipient of the 2016 Outstanding SEARCA Scholarship Award (OSSA), the “GOLDEN HARVEST of Leaders and Innovators in Agriculture and Rural Development in Southeast Asia.”

SUSAN SANDRA L. ILAO is retired from government service and currently a technical specialist. She was an assistant director of the crops research division of the Philippine Council for Agriculture, Aquatic, and Natural Resources Research and Development (PCAARRD)-DOST. She also headed its program development and resource generation section; and served as focal person for various crosscutting concerns, specifically on plant genetic resources, policy advocacy, climate change, and cereals. Dr. Ilao has authored and presented technical and country papers in national and international conferences on conservation and utilization of plant genetic resources, on-farm research, agricultural and food policy issues and reforms, and status and directions of R&D in various crops.

BESSIE M. BURGOS is a technical advisor for research and development of the Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA). Prior to this, she served as program head of SEARCA’s research and development department, where she led research initiatives aimed at influencing policy directions, building research capacities, and promoting research activities in Southeast Asia, with focus on inclusive and sustainable agricultural and rural development. Dr. Burgos also led SEARCA’s efforts to package flagship projects in the areas of agricultural competitiveness and natural resource

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management, and generated external funding to fuel said projects. She supervised the provision of professional technical services to governments and member-agencies and international donor agencies for high-impact projects in agriculture and rural development.

CARMEN NYHRIA G. ROGEL is a program specialist at the research and development department of SEARCA. She coordinates the development of projects and provides technical support and oversight, and monitors research projects and activities under the center’s Umbrella Program on Climate Change Adaptation and Mitigation in Southeast Asia. She also coordinates a program for the provision of research grants in the region. Prior to SEARCA, Ms. Rogel served as lead research associate for policy development support and for community based resource management under the Environmental Security and Management Program based at UPLB. She was an affiliate faculty of the UP Open University, teaching courses on ecology and sociocultural perspectives on the environment. She has also served as team specialist for environment and for social science in environmental evaluation/impact assessment studies. Ms. Rogel has worked with various development partners on various aspects of natural resource management.

BJOERN OLE SANDER works as a climate change specialist at the International Rice Research Institute (IRRI), under the Soil, Climate, Water Cluster-Sustainable Impact Platform. Dr. Sander is an expert in analyzing the greenhouse gas balance of different cropping systems, evaluating different mitigation options through water, fertilizer and crop residue management, and identifying suitable conditions to support dissemination of mitigation technologies.

REINER WASSMAN works as a climate change expert under the Foresighting and Policy Analysis Platform of IRRI. Dr. Wassmann has been involved in research projects on mitigating greenhouse gas emissions in rice production systems, defining guidelines on “Measurement, Reporting, Verification” for mitigation projects, and developing decision support systems for climate change mitigation and adaptation.

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Acronyms

AFMA Agriculture and Fisheries Modernization Act

AMIA Adaptation and Mitigation Initiatives in Agriculture

AO administrative order

AWD alternate wetting and drying

BSWM Bureau of Soils and Water Management

CCA climate change adaptation

CCAFP Climate Change Adaptation Financing Program

CCC Climate Change Commission

CCET Climate Change Expenditure Tagging

CCO Climate Change Office

DA Department of Agriculture

DENR Department of Environment and Natural Resources

DILG Department of Interior and Local Government

DOST Department of Science and Technology

DRR disaster risk reduction

DRRM disaster risk reduction and management

EMB Environment Management Bureau

EO executive order

GHG greenhouse gas

IRR implementing rules and regulations

IRRI International Rice Research Institute

JMC joint memorandum circular

LCCAP Local Climate Change Action Plans

LGC Local Government Code

LGU local government unit

MC memorandum circular

MO memorandum order

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N/CIS national and communal irrigation systems

NCCAP National Climate Change Action Plan

NDRRMF National Disaster Risk Reduction and Management FrameworkNFSCC National Framework Strategy on Climate Change

NGA national government agency

NIA National Irrigation Administration

PA 21 Philippine Agenda 21

PAGASA Philippine Atmospheric Geophysical and Astronomical Services Administration

PCSD Philippine Council for Sustainable Development

PD presidential decree

PSF People’s Survival Fund

RA republic act

SAFDZ strategic agriculture and fisheries development zones

SEARCA Southeast Asian Regional Center for Graduate Study and Research in Agriculture

SWCCO Systems-Wide Climate Change Office

UNFCCC United Nations Framework Convention on Climate Change

WST water-saving technology

Introduction

The Philippines is among the countries highly vulnerable to the vagaries and risk of climate change. As a logical action, the Philippine government has developed a comprehensive strategic response mechanism to climate change as early as 1991 (Figure 1). In recent years, climate change policies have gained considerable momentum in various manifestations in consonance with the Paris Agreement.

In Figure 1, the core elements of the climate change strategy in the Philippines are the

formulation of appropriate climate change policies, and then translating these policies into meaningful actions at the ground level to achieve the desired results and goals.

Rice cultivation dominates agricultural production in the Philippines.Thus, adaptation of rice is the logical priority for sectoral climate change policies in terms of adaptation. However, rice production significantly contributes to the total greenhouse gas (GHG) emis-sions in the country. Thus, agriculture—

Figure 1. Simplified framework for a climate change policy response strategy

Source: Rebugio and Ilao (2017)

Lucrecio L. Rebugio, Susan Sandra L. Ilao, Bessie M. Burgos, Carmen Nyhria G. Rogel, Bjoern Ole Sander, and Reiner Wassmann

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particularly rice and water—should be an important component of the country’s climate change mitigation response strategy.

Although the Philippines has developed a relatively robust portfolio of climate change policies, including that in agriculture, translating these policies into meaningful actions on the ground has been wanting. This implementation deficit is not unique to climate change; it also affects other environmental policies in the Philippines. This situation may be due to the lack of communication to the concerned public and stakeholders, particularly at the ground level. Moreover, the dynamics by which these policies are implemented are not well articulated and understood by all concerned agencies and stakeholders. Therefore, there is a compelling need to publish an appropriate communication material that could create wider public and stakeholder awareness, as well as appreciation of the elements and dynamics of climate change policy process and strategy, particularly in agriculture.

Toward this end, the Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA) and the International Rice Research Institute (IRRI) developed this review based on the results of their research on National Action Plans for Mitigation in Rice: Comparative Assessment of Institutional Setting and Possible Entry Points for Intervention in the Philippines and Vietnam, which was

implemented from June 2016 to January 2017.

Considering the importance of agriculture in the Philippine economy and its great potential in climate change mitigation, this portfolio features climate change mitigation policies in the Philippines that are relevant to the agriculture sector. This publication aims to give relevant information on the climate change policy process, particularly in the agriculture sector, that is more readily available or accessible to interested users and the general public.

The target audience of this publication comprises professionals in agriculture, natural resource management and environment, and other related sectors in the Philippines and in other ASEAN countries, particularly those who are involved in climate change policy formulation and implementation. Researchers and policy analysts may also use this handbook as reference for further policy research or as an entry point for deeper investigation into the translation of national climate change policies into local ordinances and enabling mechanisms. Their output would, in turn, be beneficial to local government units (LGUs) and policymakers. Students and teachers in agriculture, forestry, and environmental sciences in ASEAN countries could adopt this review as a handy reference material to supplement their readings and enhance their understanding of climate change policies in the Philippines.

What is a Portfolio of Climate Change Policies?

Generally, policies are decisions on the courses of actions designed to achieve development goals. They include a set of principles and rules that govern policy implementation. Policies are expressed or articulated in various ways through varied policy instruments, such as international and regional agreements, conventions and treaties, constitutional provisions, legislative acts, and executive issuances.

A portfolio of policies represents a systematically organized collection—or briefcase—of policy instruments, which is promulgated at various levels of governance. It is systematically structured in a hierarchy that cuts across several

policy domains. Hierarchy of policy implies that policies are issued at various levels of governance; and correspondingly, have varying levels of spatial domains. Higher-level policies are setting the stage for lower-level ones. Thus, in formulation and in application, the lower-level policies must be consistent with, or be subordinated to, the higher-level policies (Figure 2).

This presentation of climate change policy portfolio in the Philippines follows an inductive approach starting with the policy framework for climate change response in general, emphasizing on the agriculture sector, and finally zooming in on water and irrigation issues.

Figure 2. Hierarchy of climate change policies in the Philippines

Philippine Constitution

National Laws and International Treaties/

Agreements on Climate Change

Administrative Issuances, Implementing Rules and Regulations

on Climate Change

Local Climate Change Ordinances

Note: This figure is adapted from One Ocean (2009)


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BRIEF HISTORY OF CLIMATE CHANGE POLICY RESPONSE INITIATIVES

This portfolio of climate change policies covers a broad spectrum of policy issuances and actions that started almost three decades ago. As reported and described by Nachmany et al. (2015), Recabar (2014), and Serrano and Ilaga (2014), the history of more deliberate and determined climate change policy initiatives in the Philippines began in 1991 when the Interagency Committee on Climate Change was established by the Environment Management Bureau of the Department of Environment and Natural Resources (DENR-EMB) and the Department of Science and Technology (DOST). This body represented the main institution responsible for climate change responses until the Climate Change Act was passed in 2009, which created the Philippine Climate Change Commission (CCC) and the subsequent Cabinet Cluster on Climate Change Adaptation and Mitigation.

The DENR was at the forefront of these initiatives and led a top-level group of key department secretaries to mainstream climate change mitigation and adaptation measures by local governments, a strategy that was also embodied in the legal framework of the Climate Change Act.

At the international level, the Philippines ratified the United Nations Framework Convention on Climate Change (UNFCCC) in 1994, followed by subsidiary treaties such as the Kyoto Protocol in 2003, and finally, the Paris Agreement in 2017. Over this time span, various policy instruments, plans, programs, and activities were eventually developed and implemented in the Philippines at the national, regional, and local levels toward enabling and enhancing climate change readiness and response (Figure 3).

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Figure 3. Chronology of policy issuances governing climate change actions in the Philippines, 1991—2018

Local Government Code

Philippine Agenda 21

Magna Carta of Small Farmers

UN Framework Convention on CC

1977

Philippine Clean Air Act

Ecological Solid Waste Management Act

Philippine Environment Code

1995

2005

2000

2010

2015

Kyoto Protocol (ratification)

Philippine Clean Water Act

Water-Saving Technologies

Climate Change Act

Organic Agriculture Act

Disaster Risk Reduction and Management Act

Water Adaptation Strategy on CC

National Framework Strategy on CC

National CC Action Plan

Guidelines on Formulation of Local CC Action Plan

Nationally Determined Contributions

Free Irrigation Service Act

Alternate Wetting and Drying Policy

CC Adaptation Financing Program

Paris Agreement (ratification)

People’s Survival Fund Act

Institutionalizing GHG Inventory Management and Reporting System

Revised Guidelines for CC Expenditure Tagging

Revised Guidelines for Tagging/ Tracking CC Expenditures in Local Budget

Safe Reuse of Wastewater

IRR of CC Act

Revised IRR of CC Act

1990

Indigenous Peoples’ Rights Act

Agriculture and Fisheries Modernization Act (AFMA)

IRR of AFMA Act

IRR of Organic Act

Legend:

Legislation / Enabling Policy / International Agreement

Implementing Rules and Regulations

Strategy / Agenda / Action Plan

Mainstreaming CC in DA Programs

Note: (1) AFMA –CC –DA –

Agriculture and Fisheries Modernization Actclimate changeDepartment of Agriculture

GHG –IRR –

greenhouse gasimplementing rules and regulations

(2) The policy issuances featured in this figure focus on the agriculture sector, particularly on rice, irrigation, and water management.


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The hierarchy and domain of climate change policies in Figure 2 include the Philippine Constitution, laws, regulations, and local ordinances that govern all climate change actions at the national and local levels. In the agriculture sector, this hierarchy incorporates the laws, regulations, and local ordinances that govern all national and local actions, including legal instruments related to the participation of LGUs and other stakeholders in climate change policy actions.

The Philippine Constitution

At the apex of the hierarchy of climate change policies is the 1987 Philippine Constitution, the basic or fundamental law of the land, which guides how natural resources and the environment should be managed in the country. Therefore, all the laws and policy instruments relevant to climate change are anchored on the Philippine Constitution.

The Constitution carries provisions relevant to climate change that stipulate the following:

1. Article II Sections 16 and 17 – the right of the people to a balanced and healthful ecology;

2. Article XII Sections 1 and 3, Article XIII Section 5 – specific provisions on national economy and patrimony in relation to development of agriculture;

HIERARCHY OF GENERAL CLIMATE CHANGE POLICIES

3. Article XII Section 2 – water rights for irrigation; and

4. Article XIII Section 5 – agrarian and natural resources reform, specifically the rights of farmers, farm workers, and landowners, cooperatives, and other independent farmers’ organizations.

Enabling Laws

At the second hierarchical level right under the Constitution are the laws. Laws are intended to implement the general principles, mandates, policies, or programs embodied in the Constitution. They enable the spirit of the Constitution to be translated into meaningful reality. These enabling laws include republic acts (RA) passed by the Congress of the Philippines. Executive orders (EO), by virtue of their legislative powers, also have the force and effect of the law unless amended by an RA, as provided for by the Constitution. Prior to the enactment of the 1987 Constitution, laws could also be issued in the form of a presidential decree (PD).

Climate change-related laws

The following laws are not climate change laws per se but, in one way or another, have direct or indirect implications for climate change actions, including adaptation and mitigation in general, and agriculture in particular.

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1987 Constitution Republic of the Philippines

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 16. 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. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

ARTICLE XII NATIONAL ECONOMY AND PATRIMONY

Section 1. …The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources… Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State… In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands… Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

ARTICLE XIII AGRARIAN AND NATURAL RESOURCES REFORM

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.


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Philippine Environment Code of 1977 (PD No. 1152). The Environment Code provides the guidelines on air quality management; protection and improvement of water quality; land use management; natural resources management and conservation (i.e., fisheries, wildlife, forests and soil conservation, flood control and natural calamities, energy development, surface and ground waters, mineral resources); and waste management.

Indigenous Peoples’ Rights Act of 1997 (RA No. 8371). This law aims to recognize, protect, and promote the rights of indigenous cultural communities/indigenous peoples. It also created a National Commission on Indigenous Peoples and established the commission’s implementing mechanisms. Several sections of the Indigenous Peoples’ Rights Act stipulate specific concerns for the agriculture sector. However, this RA has limited relevance to the lowland rice area of the Philippines, which is—in its vast majority—located outside the patrimonial land area of indigenous people. Although some watersheds and reservoirs may still be covered by this RA, there is no major implication for climate change issues in lowland rice stemming from RA 8371.

Philippine Clean Air Act of 1999 (RA No. 8749). The Clean Air Act provides for a comprehensive policy framework for the country’s air quality management program. The law focuses on pollution prevention rather than control, and enforces a system of accountability for adverse environmental impacts. The Clean

Air Act also provides for an institutional mechanism to implement and enforce this law, with the EMB as the line agency tasked with this primary responsibility. Likewise, the DENR shall link with other government agencies and LGUs or with affected NGOs or people’s organizations or private enterprises in attaining the objectives of this law.

The DENR, together with concerned agencies and LGUs, is mandated to prepare and fully implement a National Plan for Reduction of Greenhouse Gas Emissions consistent with the UNFCCC and other international agreements, conventions, and protocols on the reduction of GHG emissions in the country. Under the law’s Section 31, titled Greenhouse Gases, the Philippine Atmospheric Geophysical and Astronomical Services Administration of the DOST (DOST-PAGASA)—in coordination with the DENR—is tasked to regularly monitor meteorological factors affecting environmental conditions, including ozone depletion and GHG. The DENR is also responsible for providing LGUs with technical assistance, training, and a continuing capability-building program to help them undertake full administration of the air quality management and regulations within their territorial jurisdiction.

Ecological Solid Waste Management Act of 2000 (RA No. 9003). The Philippine Environment Code (PD No. 1152) provides measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive, and effective waste

Strategic Policy Response to Climate Change in the Philippines Vol. 1:Portfolio of Climate Change Policies in Agriculture

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management. Under this law, all provinces, cities, and municipalities are required to prepare and implement waste management programs. In consonance with the Philippine Environment Code, the Ecological Solid Waste Management Act provides for an ecological solid waste management program and creates the necessary institutional mechanisms and incentives. This law created the National Solid Waste Management Commission under the Office of the President to oversee the implementation of solid waste management plans and to prescribe needed policies. This law is corollary to the relevant provisions of the Local Government Code, which stipulates that LGUs are primarily responsible for implementing and enforcing the provisions of the Ecological Solid Waste Management Act within their respective jurisdictions. The province, city, or municipality—through its local solid waste management boards—is mandated to prepare its respective 10-year solid waste management plans consistent with the national solid waste management framework.

Philippine Clean Water Act of 2004 (RA No. 9275). This law provides for a comprehensive water quality management in the Philippines in all water bodies, primarily to the “abatement and control of pollution from land-based sources.” It contains water quality standards and regulations, civil liability, and penal provisions, regardless of the sources of pollution. Section 22 of the Clean Water Act provides the linkage mechanism for the Department of Agriculture (DA) to “coordinate with the DENR in the

formulation of guidelines for the reuse of wastewater for irrigation and other agricultural uses and for the prevention, control, and abatement of pollution from agricultural and aquaculture activities.”

Corollary to this provision is DA Administrative Order (AO) No. 26, series of 2007 (see section on Implementing Rules and Regulations).

Philippine Disaster Risk Reduction and Management Act of 2010 (RA No. 10121). This law was formulated to strengthen the country’s disaster risk reduction and management (DRRM) system, provide for the National DRRM Framework (NDRRMF), and institutionalize the national DRRM plan. The NDRRMF serves as the principal guide toward comprehensive, all-hazards, multi-sectoral, interagency, and community-based approach to DRRM. Moreover, the DRRM Act mandates the establishment of a local DRRM office from regional, provincial, to municipal, as well as a DRRM committee at the barangay (district) level.

The Strategic National Action Plan on Disaster Risk Reduction for 2009–2019 aims to enhance the capacities of local DRRM councils.

The DRRM Act also provides for the calamity fund to be used in support of disaster risk reduction (DRR) or mitigation, prevention, and preparedness activities for the potential occurrence of disasters and for response, relief, and rehabilitation efforts.


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Basic climate change laws

This domain refers to laws governing all climate change actions in general or across all sectors.

Climate Change Act of 2009 (RA No. 9729). The major climate change policy in the Philippines is the Climate Change Act of 2009, a landmark law that provides for the mainstreaming of climate change in government policy development. This law created the Climate Change Commission (CCC), and mandated LGUs to formulate and implement their local climate change action plans (LCCAP). Specifically, the Climate Change Act mandates the CCC to recommend key development investments in climate-sensitive sectors (e.g., agriculture sector) to ensure that national sustainable development goals are achieved. This law also creates an enabling environment that would promote broader multi-stakeholder participation, integration of climate change mitigation and adaptation, and development of strategies on mitigating GHG and other anthropogenic causes of climate change.

Section 9 of this law states the powers and functions of the CCC. On the other hand, Section 14 recognizes the LGUs to be at the frontline of climate change action, requiring them to formulate and implement an LCCAP for their respective areas that is consistent with the national, regional, and provincial frameworks on climate change.

People’s Survival Fund Act of 2012 (RA No. 10174). With the amendment of the Climate Change Act through the People’s Survival Fund (PSF) Act of 2012, the PSF was established to enable the government to effectively address climate change. The PSF grants long-term financial assistance to LGUs and local or community organizations anchored in providing climate change adaptation (CCA) activities. The amendments in the PSF Act include the creation of the PSF (Section 18) and a PSF Board (Sections 21 and 22) lodged under the CCC. The law also stipulates the sources (Section 19) and uses (Section 20) of the PSF, in which fund allocation should be prioritized (Section 24) for the implementation of the following:

• Level of risk and vulnerability to climate change,

• Participation of affected communities in the design of the project,

• Poverty reduction potential,

• Cost effectiveness and attainability of the proposal,

• Identification of potential cobenefits extending beyond LGU territory,

• Maximization of multi-sectoral or cross-sectoral benefits,

• Responsiveness to gender-differen-tiated vulnerabilities, and

• Availability of CCA action plan.

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RA No. 9729 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

Section 4. 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 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 5. 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.

Section 14. 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. Interlocal government unit collaboration shall be maximized in the conduct of climate- related activities. 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. 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.

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RA No. 10174 People’s Survival Fund Act of 2012

An Act establishing the people’s survival fund to provide long-term finance streams to enable the

government to effectively address the problem of climate change, amending for the purpose RA 9729 Section 18. Creation of the People’s Survival Fund. A People’s Survival Fund (PSF) is hereby established as a special fund in the National Treasury for the financing of adaptation programs and projects based on the National Strategic Framework. Section 19. Sources of the Fund. The amount of one billion pesos (PHP 1,000,000,000 shall be appropriated under the General Appropriations Act (GAA) as opening balance of the PSF. Thereafter, the balance of the PSF from all sources, including the amount appropriated in the GAA for the current year, shall not be less than one billion pesos (PHP 1,000,000,000): Provided, That the balance of the PSF may be increased as the need arises, subject to review and evaluation by the Office of the President and the Department of Budget and Management (DBM) of the accomplishments of the Commission and other concerned LGUs: Provided, further, That the PSF shall not be used to fund personal services and other operational expenses of the Commission: Provided, furthermore, That the balance of the PSF including the amount appropriated in the GAA which shall form part of the fund shall not revert to the general fund: Provided, finally, That the Commission shall submit to Congress and the DBM a semi-annual physical/narrative and financial report on the utilization of the PSF. The PSF may be augmented by donations, endowments, grants and contributions, which shall be exempt from donor’s tax and be considered as allowable deductions from the gross income of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended. Section 20. Uses of the Fund. The fund shall be used to support adaptation activities of local governments and communities such as, but not limited to, the following: (a) Adaptation activities, where sufficient information is available to warrant such activities, in the areas of water

resources management, land management, agriculture and fisheries, health, infrastructure development, natural ecosystems including mountainous and coastal ecosystems;

(b) Improvement of the monitoring of vector-borne diseases triggered by climate change, and in this context improving disease control and prevention;

(c) Forecasting and early warning systems as part of preparedness for climate-related hazards; (d) Supporting institutional development, for local governments, in partnership with local communities and civil society

groups, for preventive measures, planning, preparedness and management of impacts relating to climate change, including contingency planning, in particular, for droughts and floods in areas prone to extreme climate events;

(e) Strengthening existing; and where needed, establish regional centers and information networks to support climate change adaptation initiatives and projects;

(f) Serving as a guarantee for risk insurance needs for farmers, agricultural workers and other stakeholders; and (g) Community adaptation support programs by local organizations accredited by the Commission.


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Moreover, the law ensures the participation of community and NGO representatives in PSF-funded adaptation projects (Section 25). This law also sets the CCC’s role in the utilization of the PSF. The Climate Change Office (CCO), meanwhile, is tasked to evaluate, review, and recommend approval of project proposals to the PSF Board based on agreed policies, guidelines, and safeguards (Section 23).

Corollary to this law, local and community organizations in all provinces, cities, and municipalities that are accredited under the Department of the Interior and Local Government Memorandum Circular (DILG-MC) No. 2013-70 and the Department of Social Welfare and Development-Department of Budget Management-Commission on Audit (DSWD-DBM-COA) Joint Resolution No. 2014-001 may submit proposals to access the PSF, provided that their certificates of accreditation are validated by the CCO.

International Treaties and Agreements

Treaties entered into by the Philippines and ratified by Congress (e.g., UNFCCC, Kyoto Protocol, and Paris Agreement) also have the force and effect of a law. However, implementing a treaty may require that the State enacts relevant national laws, rules, or regulations, which can then be the basis for local citizens to exercise their legal rights, obligations, and duties. It is only through such issuances that treaties can be regarded as having the force and effect of a law (Cruz-Trinidad et al. 2002).

The UNFCCC is an international environmental treaty negotiated at the “United Nations Conference on Environment and Development” during the Earth Summit in Rio de Janeiro in 1992. This treaty entered into force on 21 March 1994 and has 197 Parties to the Convention, the term referring to the countries that have ratified it.

The Kyoto Protocol, also known as the Kyoto Accord, is an international treaty among industrialized nations that sets mandatory limits on GHG emissions, or “internationally binding emission reduction targets” (UNFCCC 2018a). This treaty extends the 1992 UNFCCC that commits State Parties to reduce GHG emissions based on the scientific consensus that global warming is occurring, and that it is extremely likely that human-made CO2 emissions have predominantly caused it. The Kyoto Protocol was adopted in Kyoto, Japan on 11 December 1997, and was entered into force on 16 February 2005. The detailed rules for its implementation—referred to as the Marrakesh Accords—were adopted at the Seventh Session of the Conference of Parties in Marrakesh, Morocco in 2001. This protocol recognizes that “developed countries are principally responsible for the current high levels of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity; and places a heavier burden on developed nations under the principle of common but differentiated responsibilities” (UNFCCC 2018a).

Meanwhile, the Paris Agreement, also called the Paris Climate Agreement or Paris


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Climate Accord, is an agreement within the UNFCCC that deals with GHG emissions mitigation, adaptation, and financing starting 2020. It affirms the importance of ecosystems, biodiversity, and land in reducing GHG emissions and in helping communities and countries to reduce risks and to adapt to climate change impacts. The Paris Agreement aims to respond to the global climate change threat through keeping a global temperature rise this century well below 2°C above preindustrial levels, and to pursue efforts to limit the temperature increase even further to 1.5°C.

All parties to the Paris Agreement are required to put forward their best efforts through the Nationally Determined Contributions, and to strengthen these efforts in the years ahead. This includes requirements that all Parties report regularly on their emissions and on their implementation efforts (UNFCCC 2018b). The Paris Agreement entered into force on 4 November 2016; 175 parties (174 countries and the European Union) signed the agreement, and 15 states deposited instruments of ratification.

According to the intended nationally determined contributions1 submitted by the Philippine government prior to the

1 Intended nationally determined contributions (INDCs) is a term used under the United Nations Framework Convention on Climate Change (UNFCCC) that pertains to the reductions in greenhouse gas emissions that all countries who signed the UNFCCC were asked to publish in the lead-up to the 2015 United Nations Climate Change Conference. It identifies the actions a national government intends to take under the Paris Agreement, which was formed in December 2015 at the 21st Session of the Conference of the Parties (Climate Policy Observer n.d.)

Paris Conference, the Philippines aims to reduce its GHG emissions by 70 percent by 2030, which is set to be conditional on financial support, technology development and transfer, and capacity building.

Climate Change Strategy and Action Plan

Other key general climate change policy instruments in the country are the Philippine Agenda 21, National Framework Strategy on Climate Change, National Climate Change Action Plan, and Water Sector Adaptation Strategy on Climate Change. The National Framework Strategy on Climate Change defines the strategies to implement the Climate Change Act, whereas the National Climate Change Action Plan outlines on-the-ground climate change action agenda for 2011–2018.

Philippine Agenda 21

All national and sectoral climate change strategies and action plans are anchored on the goals of the Philippine Agenda 21 (PA 21). PA 21, the country’s blueprint for sustainable development, was established after the Earth Summit 1992 held at Rio de Janeiro, Brazil.

EO No. 15, series of 1992 created the Philippine Council for Sustainable Development (PCSD) to coordinate the formulation of the Philippine Agenda 21. The President’s Memorandum Order (MO) No. 399 directed the operationalization and monitoring of PA 21. Launched in 1996 as a national agenda, PA 21 is a historic


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document, being the first roadmap of the Philippines toward achieving sustainable development.

Sections 3–5 of this MO mandates all government agencies, departments, and instrumentalities to adopt and translate the principles and action agenda contained in PA 21 in their respective work plans, programs, and projects. They are also mandated to regularly report their progress and impacts to the PCSD. The DILG is tasked to coordinate and monitor the localization of PA 21 with the LGUs in coordination with the local business and civil society. PA 21 would be localized through integrating sustainable development concerns into the LGUs’ respective plans, programs, and projects and through the formulation of their respective Local Agenda 21. The PCSD, meanwhile, is tasked to coordinate with civil society, labor, and business sectors in operationalizing PA 21.

National Framework Strategy on Climate Change 2010–2022

The National Framework Strategy on Climate Change (NFSCC) was developed pursuant to the Climate Change Act and through adopting PA 21 for sustainable development. The NFSCC defines the strategies to implement the Climate Change Act and provides a basis for the national climate change program.

The pillars of the NSFCC are adaptation and mitigation, “with emphasis on adaptation as the anchor strategy, and whenever applicable, mitigation actions shall also be pursued as a function of adaptation.”

The NFSCC 2010–2022 includes the following key result areas under adaptation: (1) integrated ecosystem-based management, (2) climate-responsive agriculture, and (3) water governance and management.

National Climate Change Action Plan 2011–2028

The National Climate Change Action Plan (NCCAP) was subsequently adopted in 2011. The NCCAP outlines on-the-ground climate change adaptation and mitigation action agenda for 2011–2018. It includes water sufficiency, environmental and ecological stability, and climate-smart industries among its seven strategic priorities.

Water Sector Adaptation Strategy on Climate Change

This water adaptation strategy on climate change was developed to make the water sector less vulnerable and communities and ecosystems more resilient to climate change through using a broad-based participatory process of key stakeholders in the sector. Four strategic outcomes are set to be achieved by 2050, and these are supported by 12 strategic objectives and several key actions for 2010–2022. The strategic outcomes include the following:

1. Effective, climate change-responsive, and participative water governance;

2. Reduced water sector vulnerability and resilient communities and natural ecosystems;


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3. Improved knowledge on water sector adaptation and climate change; and

4. Sustainable and reliable financing and investment for CCA in the water sector.

Implementing Rules and Regulations

At the next level of the hierarchy are the implementing rules and regulations (IRRs). These IRRs are the primary instruments used by the executive branch of the government to implement laws and treaties. Whenever necessary, this mandate is carried out through issuing the appropriate executive or department orders, memoranda, or circulars. Such rules and regulations are issued through EOs or AOs signed by the president of the Philippines, or through department administrative orders (DAOs) issued by various department secretaries in matters pertaining to their own departments. Other government agencies may also issue IRRs in matters under their respective jurisdictions. Such executive issuances are legally considered as forming part of the law itself, for as long as they do not modify or contravene the provisions of the same law (Cruz-Trinidad et al. 2002).

Executive orders

EO No. 174 – Institutionalizing the Philippine Greenhouse Gas Inventory Management and Reporting System. Through this EO, the CCC has the authority

and responsibility to build and submit GHG inventory reports. Signed in November 2014, this EO established the Philippine Greenhouse Gas Inventory Management and Reporting System to institutionalize the GHG inventory management and reporting system in relevant government agencies. As overall lead implementer, the CCC has the following functions:

1. Provide direction and guidance in the accounting and reporting of GHG emissions from identified key sources;

2. Develop a system for archiving, reporting, monitoring, and evaluating GHG inventories in all key sectors; and

3. Provide and facilitate continuous capacity-building initiatives in the conduct of GHG inventories to ensure that updated methodologies are being applied.

Administrative orders

AO No. 2010-01 – IRR of RA No. 9729 or the Climate Change Act of 2009. In accordance with Section 22 provisions of the Climate Change Act, the CCC promulgated and adopted the IRR of this Act, upon consultation with government agencies, LGUs, private sector, NGOs, and civil society. This AO was issued on 20 January 2010.

DENR AO No. 2001-34 s. 2001 – IRR of the Ecological Solid Waste Management Act of 2001 (RA No. 9003). Pursuant to the provisions of Section 59 of the Ecological


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Solid Waste Management Act of 2001 and by virtue of EO No. 192, series of 1987, which reorganized the DENR, the DENR adopted and promulgated the supporting rules and regulations to implement this law.

Memorandum circulars

Two policy instruments in the form of joint memorandum circulars (JMCs) issued in 2013–2014 gave impetus to mainstreaming climate change response initiatives in all government sectors. These JMCs were amended in 2015 to keep abreast with developments in the budgeting system and revision in climate change typologies, and to build on the lessons learned from prior implementation of the policies.

DBM-CCC JMC No. 2015-01 – Revised Guidelines for Climate Change Expenditure Tagging (CCET), Amending JMC No. 2013-01. Issued on 24 March 2015, the JMC aims to track and monitor climate change programs, projects, and activities to enable line department managers to oversee and monitor climate change-related expenditures; and to define and clarify responsibilities of national government agencies (NGAs), DBM, and CCC relative to CCET at various stages of the budgeting process. This JMC amended DBM-CCC JMC No. 2013-01 issued on 27 December 2013, which provided the guidelines in tagging/tracking government expenditures for climate change in the budget process.

The guidelines embodied in this circular specify that “all climate change-related strategies and investments of

the government shall be identified as adaptation and mitigation.” This is based on the definition in the JMC, which states that CCA activities are those initiatives that intend to reduce the vulnerability of human or natural systems to climate change impacts and climate-related risks through maintaining or increasing communities’ adaptive capacity and resilience. CCA responses are further defined as those measures that (1) address the drivers of vulnerability, (2) directly confront climate change impacts, and (3) build resilience to current and future climate risks.

Climate change mitigation activities, on the other hand, are those initiatives that aim to reduce GHG emissions, directly or indirectly, by avoiding or capturing GHG before they are emitted to the atmosphere or by sequestering those already in the atmosphere through enhancing “sinks” such as forests. Climate change mitigation responses include measures to reduce GHG emissions such as, but not limited to, improved energy efficiency, renewable energy projects, reforestation/improved forest management, and improved transport systems.

DBM-CCC-DILG JMC No. 2015-01 – Revised Guidelines for Tagging/Tracking Climate Change Expenditures in the Local Budget, Amending JMC No. 2014-01 dated 7 August 2014. This JMC was issued on 23 July 2015 and introduced the following amendments to the previous JMC No. 2014-01:

1. Submitting the electronic copy of the LGU’s climate change expenditure tagged annual investment program directly to the CCC, in addition to


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their submission to the DBM and DILG during the budget preparation process;

2. Transferring the responsibility of operating the CCET help desk from the DILG to the CCC;

3. Streamlining the climate change typologies by simplifying, consolidating, and eliminating redundant typologies to be consistent with the national typologies; and

4. Introducing the quality review and assurance tool to ensure the quality of the climate change expenditure data.

DILG MC No. 2014-135 – Guidelines on the Formulation of the LCCAP. The DILG released MC No. 2014-135 dated 21 October 2014 to clarify the roles and responsibilities of LGUs in delivering their mandates as provided for under the

Climate Change Act (as amended by the PSF Act). It also provides guidelines on the steps and processes in developing the LCCAP, and communicates the process of mainstreaming and integrating DRR and CCA into local mandated plans.

Resolutions

CCC Resolution No. 3 – Revised IRR of Climate Change Act of 2009. The Office of the Executive Secretary issued this memorandum on 13 November 2015, and revises the IRR of the Climate Change Act of 2009 (as amended by the PSF Act). The revised IRRs, among other items, serve to guide the implementation of the amended Climate Change Act. This includes the implementation of the PSF (Rule X); organization, powers, and function of the PSF Board and its operations (Rules XI–XII); and the detailed guidelines on the utilization of the PSF (Rules XIII–XVII).


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Local Ordinances

At the lowest rung of the hierarchy of laws/policies are local ordinances. Under the Local Government Code, LGUs have legislative powers exercised through their respective local legislative councils or sanggunian. The extent to which LGUs can validly legislate is specifically defined by the law. Since they derive their legislative powers from laws enacted by Congress, LGUs cannot promulgate ordinances that violate the Constitution, any existing laws passed by Congress, or executive issuances

promulgated by the executive branch (Primicias vs. Municipality of Urdaneta, 93 SCRA 462; Magtahas vs. Pryce Properties Corp., 234 SCRA 255) (Cruz-Trinidad et al. 2002).

Based on the information gathered by the project team in Region 3, key informants are generally not aware of local climate change ordinances. As such, the formulation of local climate change ordinances by concerned LGUs—as mechanisms for local climate change adaptation and mitigation actions—is one critical area of concern.


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CLIMATE CHANGE POLICIES IN AGRICULTURE

Legislative Enactments

Local Government Code of 1991 (RA No. 7160)

Known as the Local Government Code (LGC) of 1991, this law lays down the development and implementation of policies and measures on local autonomy, guided by specific operative principles of decentralization. The law stipulates the duty of LGUs, together with NGAs, in managing and maintaining ecological balance. In particular, the LGC devolves to the LGUs the management and maintenance of water and sanitation services for domestic water/irrigation. The law also empowers LGUs to perform watershed management functions, subject to the supervision and control of the DENR.

Magna Carta of Small Farmers of 1992 (RA No. 7607)

The Magna Carta of Small Farmers has sections that are relevant to agriculture, water, and irrigation.

Chapter I, Section 2 (Declaration of Policy) gives the highest priority to the development of agriculture, ensuring that ecological balance and environmental protection are maintained and observed.

Legal instruments in the agriculture sector, particularly in the rice and water (i.e., altered irrigation) subsectors, were subsequently issued to initiate and operationalize the implementation of national laws and policies governing climate change in general.

In the Philippine agriculture and irrigation sector/subsector, the most important policies related to climate change are laws or legislative enactments. These include the Local Government Code of 1991, the Magna Carta of Small Farmers of 1992, the Agriculture and Fisheries Modernization Law of 1997, and the Organic Agriculture Act of 2010. These are accompanied by important implementing rules, such as the following:

1. Guidelines for adopting water-saving technologies;

2. Mainstreaming climate change in DA programs, plans, and budget;

3. Establishing the program implemen-ting structure for CCA financing program; and

4. Policy to adopt alternate wetting and drying (AWD) in all national irrigation systems.


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This section also recognizes the right of small farmers and farm workers, cooperatives and independent farmers’ organizations to participate in the planning, organization, management, and implementation of agricultural programs.

Chapter VI, Section 19 (Water Manage-ment) provides for adequate support services to address the development, management, and conservation of water resources. It mandates the Department of Public Works and Highways, through the National Irrigation Administration (NIA) and the DA and with the participation of farmers’ organizations, to implement small water-impounding projects for supplemental irrigation. This section also prescribes farmer-beneficiaries to be organized into irrigators’ associations to ensure that irrigation services are available in areas with production potential through irrigation pump distribution programs, particularly in areas predominantly populated by small farmers.

Chapter VI, Section 20 (Access to Irrigation Services) provides for small farmers to join or form irrigators’ associations and to spearhead the construction of irrigation systems. This section also promotes farmers’ capacity development such that they could eventually assume the operation and maintenance of irrigation systems and the responsibility of collecting fees from individual members and remitting an amount to the NIA.

Agriculture and Fisheries Modernization Act of 1997 (RA No. 8435)

The Agriculture and Fisheries Moder-nization Act (AFMA) of 1997 is a law that prescribes “urgent related measures to modernize the agriculture and fisheries sectors of the country in order to enhance their profitability and prepare said sectors for the challenges of the globalization through an adequate, focused, and rational delivery of necessary support services.”

Chapter 1, Section 6 (Network of Areas for Agricultural and Agro-Industrial Development). This provision embodies the identification of strategic agriculture and fisheries development zones (SAFDZ) using specific criteria. The AFMA states that establishing SAFDZs, which would serve as centers of development in the agriculture and fishery sectors, would ensure that these sectors are catalyzed in an environmentally and socioculturally sound manner.

Chapter 1, Section 8 (Mapping); Chapter 4 Sections 30 (National Irrigation Systems), 31 (Communal Irrigation Systems), 32 (Minor Irrigation Schemes), and 33 (Other Irrigation Construction Schemes). The AFMA also has specific provisions tasking the Bureau of Soils and Water Management (BSWM) and the NIA on mapping and irrigation, respectively.


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Chapter 2, Section 13 (Agriculture and Fisheries Modernization Plan). The AFMA stipulates the formulation of a comprehensive agriculture and fisheries modernization plan focusing on five major concerns.

Chapter 2, Section 16 (Global Climate Change). A section on global climate change tasks the DA to coordinate with the DOST-PAGASA and other appropriate government agencies to “devise a method of regularly monitoring and considering the effect of global climate changes, weather disturbances, and annual productivity cycles for the purpose of forecasting and formulating agriculture and fisheries production programs.”

Organic Agriculture Act of 2010 (RA No. 10068)

The Organic Agriculture Act of 2010 defines organic agriculture as “all agricultural systems that promote the ecologically sound, socially acceptable, economically viable, and technically feasible production of food and fibers. Organic agriculture dramatically reduces external inputs by refraining from the use of chemical fertilizers, pesticides, and pharmaceuticals.” Section 2 (Declaration of Policy) declares that it is “the policy of the State to promote, propagate, develop further, and implement the practice of organic agriculture in the Philippines that will cumulatively condition and enrich the fertility of the soil, increase farm productivity, reduce pollution and destruction of the environment, prevent the depletion of natural resources, further

protect the health of farmers, consumers and the general public, and save on imported farm inputs. Toward this end, a comprehensive program for the promotion of community-based organic agriculture systems which include, among others, farmer-produced purely organic fertilizers such as compost, pesticides and other farm inputs, together with a nationwide educational and promotional campaign for their use and processing, as well as the adoption of organic agricultural system as a viable alternative shall be undertaken.”

Administrative Orders, Memorandum Circulars, and Special Orders

DA AO No. 26, s. 2007: Issuance of Certification for Safe Reuse of Wastewater for Irrigation and Other Agricultural Uses

This AO provides the guidelines and technical requirements for issuing certification that allows safe reuse of wastewater for irrigation, fertilization, aquaculture, and for other agricultural purposes, pursuant to Section 22 of the Philippine Clean Water Act of 2004 (RA No. 9275). The implementing guidelines were formulated by a technical working group and interagency committee, both chaired by the BSWM. The guidelines include the general requirements, application procedure, and fees for issuance of certification, as well as the technical requirements for the use and reuse of wastewater.


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DA AO No. 25, s. 2009: Guidelines for Adoption of Water-Saving Technologies in Irrigated Rice Production Systems in the Philippines

DA AO No. 25, series of 2009 prescribes the policy on the adoption of water-saving technologies (WST) in irrigated rice production systems in the Philippines.

It provides the guidelines, procedures, and technical requirements for adopting WST in all irrigation systems throughout the country. This policy serves as a guide to all concerned government agencies (i.e., NIA, BSWM, DA regional field offices, Philippine Rice Research Institute, Agricultural Training Institute) in mainstreaming and implementing the appropriate WST into their regular programs.


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Part II, Section 5 of this AO specifies the technical considerations of WST (i.e., AWD) and other sound field water management practices that promote WST, such as modifying farming operations and techniques. Such techniques include applying dry plowing (instead of puddling) and shortening land preparation period, direct dry or wet seeding (instead of transplanting), thorough leveling, internal farm ditches, practicing shallow tillage immediately after harvest, and using early-maturing and drought-tolerant varieties.

This policy also prescribes disseminating and implementing strategies, institutional arrangements, and provisions for proper and sustained implementation at the field level.

DA AO No. 6, s. 1998: Implementing Rules and Regulations Pursuant to the AFMA of 1997

DA AO No. 6, series of 1998 promulgates the IRR of the AFMA of 1997 (RA No. 8435) pursuant to its Section 113. The rules for delineating the SAFDZs and formulating the Agriculture and Fisheries Modernization Plan (Chapter 2, Section 13) are detailed in the IRR. The section on global climate change (Section 16, Rule 16.1) lists the phenomena of concern, which include red tide; El Niño and La Niña; volcanic and geological disturbances and their aftermaths; weather patterns (i.e., typhoons, drought, and unusual rainfall); regional differentials in the above phenomena; and potential adjustment, mitigation, and management interventions.

Among the general provisions of the IRR, Section 111 includes the rules on the initial appropriation of amounts for agricultural and fisheries modernization. In particular, 30 percent of the initial allocation is for irrigation, which is allocated to the NIA, BSWM, Bureau of Agricultural Research, concerned state universities and colleges, LGUs, people’s organizations, NGOs, and projects and programs authorized by the DA secretary. The budget allocation is geared toward implementing irrigation programs, including the following activities:

• Rehabilitation of national and communal irrigation systems (N/CIS);

• Subsidy for the operation and management of N/CIS;

• New N/CIS generation;

• Financing for the installation and rehabilitation of shallow tube wells and low-lift pumps, construction of small water-impounding projects and small farm reservoirs;

• Construction of other irrigation systems;

• Upstream services for irrigation: policy analysis, planning, and monitoring and evaluation;

• R&D on irrigation, drainage, and water resources management;

• Extension services and training for irrigation;

• Irrigation project development and appraisal; and

• Coordination and management.


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IRR for Organic Agriculture Act

Pursuant to the provisions of Section 27 of the Organic Agriculture Act of 2010 (RA No. 10068), the DA adopted and promulgated the IRR. Section 2 (Declaration of Policy), Rules 2.2 and 2.3 of the IRR stipulate that the organic agricultural system, “in its goal to reduce environmental pollution and ecosystem destruction and prevent the depletion of natural resources, shall endeavor to promote low carbon development path and its strategies.” Moreover, “organic agriculture boosts community resiliency to disaster risks and climate change vulnerabilities caused by anthropogenic factors (climatic vulnerabilities and changes induced by human interventions) and naturally induced hazards and, contributes to risk reduction.”

The National Organic Agriculture Board spearheaded the formulation of this IRR through a series of consultations with various organic industry stakeholders. The IRR was approved on 30 January 2011 by the Congressional Oversight Committee on Agriculture and Fisheries Modernization, and was accordingly published in 2013.

DA Memorandum dated 25 January 2013: Mainstreaming Climate Change in the DA Programs, Plans, and Budget

Issued on 25 January 2013, this memorandum seeks to mainstream climate change in DA programs, plans, and budget, which legitimized climate

change policies in the agriculture sector. The memorandum’s key components to operationalize government climate change policies provided for the approval of the Adaptation and Mitigation Initiatives in Agriculture (AMIA) as a national initiative. This memorandum also listed the DA’s systems-wide programs and created the DA Systems-Wide Climate Change Office (DA-SWCCO), under the Office of the Undersecretary for Policy and Planning.

Memorandum circulars implementing climate change policies in agriculture at the field level

DA Special Order No. 396, s. 2016: Establishment of the Program Implement-ing Structure for the Climate Change Adaptation Financing Program. Issued on 14 March 2016, this special order aims to provide the implementing structure for the provision of integrated support services that will promote CCA and build resilience to disasters in agriculture and fisheries. The Climate Change Adaptation Financing Program (CCAFP) established by the Agricultural Credit Policy Council was intended to “provide loans for climate-resilient farming/fishing practices, technologies, and measures.”

Through this special order, a technical working group was created to identify CCA technologies for promotion and financing and to recommend actions on policy issues and concerns raised by partner agencies. A regional-level climate change action team was created to coordinate various local program support components.


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The technical working group was also tasked to assist target beneficiaries in designing and packaging specific science-based technology packages suitable to specific farms covered by the loans and based on vulnerability assessment. Moreover, the group also has to coordinate with various regional program partners for CCAFP orientation seminars. The special order likewise identifies the institutional roles of the Agricultural Credit Policy Council, DA regional field offices, Agricultural Training Institute, and the AMIA.

NIA Memorandum Circular No. 35, s. 2016: Policy to Adopt Alternate Wetting and Drying in All National Irrigation Systems. This policy was approved by the NIA Board of Directors through Resolution No. 8323-16, series of 2016 during their 914th regular board meeting. Specifically, the memorandum circular mandates the NIA to ensure that irrigation water flows into every corner of the service area, and that interventions (whether technical or procedural) are adopted to mitigate the effects of climate change, particularly scarcity of irrigation water. This circular also describes what AWD is, how to implement AWD, and the procedure for making and installing the field water tube.

The Challenge Ahead The policies described in this portfolio imply that several determined actions have been undertaken to mainstream climate change into the country’s policy and development framework, particularly in the agriculture-rice-irrigation sector/subsectors. The policy issuances give impetus to the agriculture and irrigation sectors’ GHG mitigation initiatives.

The essence of policy lies in its successful execution or implementation. A policy, however excellently crafted, is useless unless appropriate measures are adopted to translate it into meaningful actions on the ground to achieve the desired goals and objectives. Although there have been determined efforts at the national level to mainstream climate change in the

agriculture sector in terms of its policy framework, the challenge ahead is for more concerted effort to fully integrate these climate change policy issuances into the program development and organizational structure of all the relevant national and local agencies and bureaus in the sector.

There is also need for in-depth content analysis of the laws and policy instruments, and deeper investigation on how these laws or national policies are translated from the national line agency into local enabling instruments. The results may provide basis for further policy research, especially in relation to the translation of national climate change policies into ordinances and enabling mechanisms at the local or grassroots level.

ReferencesAO (Administrative Order) No. 2010-01.

Implementing Rules and Regulations of Republic Act No. 9729. Climate Change Commission, Office of the President (20 January 2010).

Agriculture and Fisheries Modernization Act of 1997, Republic Act No. 8435, 10th Cong., 3rd ses. (22 December 1997).

BSWM AO (Bureau of Soils and Water Management Administrative Order) No. 26, s. 2007. Guidelines on the Procedures and Technical Requirements for the Issuance of a Certification Allowing the Sage Re-use of Wastewater for Purposes of Irrigation and Other Agricultural Uses. Bureau of Soils and Water Management. BSWM.

Climate Change Act of 2009, Republic Act No. 9729, 14th Cong., 3rd ses. (10 October 2009).

CCC (Climate Change Commission). 2010. Philippine National Framework Strategy on Climate Change 2010–2022. Manila, Philippines: CCC.

CCC Resolution No. 3. Revised Implementing Rules and Regulations (R-IRR) of Republic Act No. 9729, Otherwise Known as the Climate Change Act of 2009, as Amended by Republic Act No. 10174. Office of the President (13 November 2015).

Climate Policy Observer, n.d. “INDC.” Accessed on 8 July 2018. http://climateobserver.org/open-and-shut/indc/

Cruz-Trinidad, A., M.L. Maxino, J.L. Batongbacal, L.R. Pura, and C.A. Courtney. 2002. “The Hierarchy of Laws Governing Coastal

Management in the Philippines.” Overseas: The Online Magazine for Sustainable Seas 5(9). http://oneocean.org/overseas/200209/ the_hierarchy_of_laws_governing_coastal_mnmt_n_d_phil.html

DA AO (Department of Agriculture Administrative Order) No. 6, s. 1998. Implementing Rules and Regulations Pursuant to Republic Act 8435. DA (10 July 1998).

DA AO No. 25, s. 2009. Guidelines for the Adoption of Water Saving Technologies in Irrigated Rice Production Systems in the Philippines. Department of Agriculture (11 September 2009).

DA-BAFPS (Department of Agriculture-Bureau of Agriculture and Fisheries Product Standards). 2013. Organic Agriculture Act of 2010. Implementing Rules and Regulations for Republic Act No. 10068 (Philippine Organic Agriculture Act of 2010). Diliman, Quezon City: DA-BAFPS.

DBM-CCC JMC (Department of Budget and Management-Climate Change Commission Joint Memorandum Circular) No. 2013-01. Guidelines in Tagging/Tracking Government Expenditures for Climate Change in the Budget Process. DBM and CCC (27 December 2013).

DBM-CCC JMC No. 2015-01. Revised Guidelines for Climate Change Expenditure Tagging (CCET) Amending JMC No. 2013-01. DBM and CCC (24 March 2015).

DBM-CCC-DILG (Department of Budget and Management-Climate Change Commission-Department of Interior and Local Government) JMC No. 2015-01. Tagging/Tracking Climate Change Expenditures in the Local Budget. DBM, CCC, and DILG (7 August 2014).


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DENR (Department of Environment and Natural Resources). 1999. Local Government Unit: Guide to Environmental Laws. Quezon City: DENR, UNDP, and League of Cities of the Philippines.

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