Discussion 2 Flashcards

(54 cards)

1
Q

Presidential Decree 705

A

Revised Forestry Code

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2
Q

Republic Act 9175

A

-Chain Saw Act of 2002

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3
Q

Republic Act 9147-

A

Wildlife Resources Conservation and Protection Act

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4
Q

-National Integrated Protected Areas System (NIPAS) Act

A

Republic Act 7586

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5
Q

Republic Act No. 7942 -

A

Mining Act of 1995

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6
Q

Republic Act No. 7076-

A

People’s Small Scale Mining Act

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7
Q

Most Common Violations Under RA 9175 and PD 705 are?

A

Illegal logging (Section 77, PD No. 705)

Unlawful occupation or destruction of forest and grazing lands (Section 78, PD No. 705)

Dipterocarp forest

Alienable and disposable lands

Forest lands

Grazing lands

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8
Q
  • this is the cutting, gathering, or collecting timber or other forest products without the necessary permit from the government.
A

Illegal logging (Section 77, PD No. 705)

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9
Q
  • a person unlawfully or illegally enters, stays, and occupies forest or grazing land or destroys the same. The usual violators are the Kaingeros the slash and the burn farmers. This can also be violated through illegal mining and illegal forest settling.
A

Unlawful occupation or destruction of forest and grazing lands (Section 78, PD No. 705)

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10
Q
A
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11
Q
  • dominated by trees of the dipterocarp species, such as red lauan, tengile, tiaong, white lauan, almon, bagtikan and mayapis.
A

Dipterocarp forest

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12
Q
  • refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes.
A

Alienable and disposable lands

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13
Q

-include the public forest, the permanent forest or forest reserves, and forest reservations.

A

Forest lands

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14
Q

are lands where grass or grass-like vegetation grows and is the dominant form of plant life, and are used mainly for animal production.

A

Grazing lands

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15
Q

there is no cutting permit required for ordinary species (DMC#97-23 & DMC# 99-20. Sec. 2.)

A

Trees on private lands:

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16
Q

are species which are not premium/endemic hardwoods.

A

Ordinary species

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17
Q

Up to ___ trees may be cut within a private property without a permit. DENR approval is required if more than ___ trees are involved.

A

10

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18
Q

If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property.”

A

Civil Code of the Philippines that states: “Article 680.

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19
Q
  • any person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of ___________ or a fine of _________

The chain saw unlawfully used shall be likewise confiscated in favor of the government.

A

Actual Unlawful Use of Chain Saw

Imprisonment of 6 years and one day to 8 years or fine of not less than 30,000 pesos but not more than 50,000 pesos

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20
Q

The chain saw unlawfully used shall be likewise confiscated in favor of the?

A

government.

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21
Q

Persons Authorized to Possess and Use a Chain Saw

A

With timber license agreement

Is an orchard and fruit tree farmer

Industrial tree farmer

Is a licensed wood processor and the chainsaw shall be used for the cutting of timber that has been legally sold

Shall use the chainsaw for a legal purpose

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22
Q
  • a long term license executed between the Secretary of the DENR and the grantee for the harvesting and removal from the public forest of timber and, in appropriate cases, also of other forest products.
A

(a) with timber license agreement

23
Q
  • an orchard is an intentional plantation of trees or shrubs that is maintained for food production.
A

(b) is an orchard and fruit tree farmer

24
Q
  • a person who plants and harvests trees for commercialization.
A

(c) industrial tree farmer

25
RA 9147:
The Wildlife Conservation Act
26
This is the primary law governing the protection of wildlife and their habitats.
RA 9148: The Wildlife Conservation Act
27
The law covers all wildlife species found in all areas of the country, including protected areas and critical habitats. It shall also apply to exotic species which are subject to trade, are cultured, maintained, and/or bred in captivity or propagated in the country.
RA 9148: The Wildlife Conservation Act
28
Most Common Violations under RA 9147
1. Killing and destroying wildlife species section 27 (a) 2. Trading section 7 (e) and collecting hunting, possessing. 3. Committing certain acts in critical habits section 27 (c) 4. Transporting of wildlife section 27 (i)
29
- inflicting injury which cripples and/or impairs the reproductive system of wildlife species (Section 27 [b]), gathering or destroying active nests, nest trees, and host plants (Section 27 [g]); and maltreating and inflicting other injuries (Section 27 [h]).
1. Killing and destroying wildlife species (Section 27 [a])
30
this refers to the acts of selling or buying, collecting, hunting, or possessing wildlife species.
2. Trading (Section 27 [e]) and collecting, hunting, or possessing
31
- this takes place when one of the following is committed in a declared critical habitat: 1) dumping of waste products detrimental to wildlife; 2) occupying any portion of the habitat; 3) mineral exploration and extraction; 4) burning; 5) logging; and 6) quarrying.
3. Committing certain acts in critical habitats (Section 27 [c])
32
- this is committed when wildlife species are transported without the necessary permits, papers, and documentation from the DENR.
4. Transporting of wildlife (Section 27 [i])
33
Exemptions exception to violations under RA 9147 are?
Religious ritual; The animal is afflicted with an incurable communicable disease; Necessary to end misery of the wildlife; Done to prevent imminent danger to the life or limb of a human being; or Killed or destroyed after it has been used in authorized research or experiment.
34
may be destroyed, killed, consumed, eaten or otherwise disposed of, without the necessity permit, for the protection of life, health, safety and property, and the convenience of the people.
Wildlife
35
Is define a law as wild form and variety of flora and fiona which means generally covers all plants and animals found at the country whether in danger or not
Wildlife
36
-means permit issued to any individual or entity engaged in noncommercial scientific, or educational undertaking to collect wildlife.
Gratuitous Permit
37
Serves as the basis for the classification and administration of all designated protected areas to maintain essential ecological processes and life support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible.
RA 7586: National Integrated Protected Areas System (NIPAS) Act
38
Enumerated to specific location or specific areas that considered to be legally protected
RA 7586: National Integrated Protected Areas System (NIPAS) Act-
39
RA 7586 was amended by _____?
Republic Act 11038
40
RA 11038 ALSO KNOWN AS?
ENIPAS- Expanded national integrated protected area system
41
-establishment of 94 protected areas classified as National known as ENIPAS law.
Republic Act No. 11038 amended Republic Act No. 7586
42
Kinds of Protected Areas (Section 3, RA No. 7586)
1. Strict nature reserve; 2. Natural park; 3. Natural monument - relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics; 4. Wildlife sanctuary; 5. Protected landscapes and seascapes; 6. Resource reserve; 7. Natural biotic areas - is an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace; and 8. Other categories established by law, conventions or international agreements which the Philippine Government is a signatory.
43
Most Common Law Violations under NIPAS Law
Hunting, destroying, disturbing, or mere possession of plants or animals without permits issued by the Protected Area in Management Board (PAMB). Dumping of waste products (Section 20 [b]), destroying objects of natural beauty or of interest to cultural communities, leaving refuse and debris. Mount Kanlaon in Negros Chocolate Hills in Bohol Apo Island in Negros Oriental Tanon strait in Cebu and Negros Oriental Olango Island in Cebu
44
What republic act is Law of mining?
RA 7942
45
Republic Act of people's small scale mining?
Republic act 7076
46
- the laws that primarily govern mining activities in the Philippines.
Philippine Mining Act of 1995 and the People's Small-
47
48
- or those done with the use of heavy equipment and machineries, are primarily under the control and supervision of the DENR and the Mines and Geosciences Bureau (MGB).
Large-scale mining operations
49
- those done with small or artisanal tools, is generally regulated and under the supervision of the DENR and the local government units (LGUs), through the specific Provincial/City Mining Regulatory Boards (P/CMRBs).
Small-scale mining
50
Common Violation under the Mining Laws
Causing pollution by willfully violating or grossly neglecting the environmental compliance certificate (ECC) (Section 108, RA Np. 7942)
51
(EIA) Means?
Environmental impact assessment
52
(EIS) Means?
Environmental impact statement
53
- will identify potential impacts of mining in a given area, identify how the operation will be done, propose mitigation measures, and provide for a rehabilitation and restoration plan.
Environmental impact assessment (EIA) Environmental impact statement (EIS)
54
is then issued if the mining company complies with the requirements of the EIS process.
ECC - environmental compliance certificate