Comparative Legal Analysis of the NIPAS Law
The NIPAS Law and the Revised Forestry Code of the Philippines
The NIPAS Law and the Revised Forestry Code of the Philippines [Presidential Decree No. 705, as amended by P.D. No. 1559, P.D. No. 865, P.D. No. 1775, Batas Pambansa (B.P.) Blg. 701,B.P. Blg. 83, Republic Act (R.A.) No. 7161, Executive Order (E.O.) No. 277 and 83 O.G. No. 31]
The salient points of the Revised Forestry Code of the Philippines (RFCP)
n The State generally is the steward and,
therefore, allocates and manages our mutual resources through the existing line agencies.
n Utilization of natural resources should
benefit citizens of the country both of the present and future generations.
n Ecological, cultural and developmental
considerations are taken into account in the utilization of our natural resources.
n The concept of “multiple use” of land is given emphasis.
n Rehabilitation of degraded ecosystems. n Encouragement of wood processing and the gradual phase out of log exports.
n Socio-political dimensions of forestry
(NGO’s, people’s organization and multisectoral participation).
n A system of protected areas was
established and rights of the cultural minorities recognized.
Assessment Given these key features of the NIPAS Act and the RFCP, it can be seen that both contain some common objectives and programs, namely: 1. Social Forestry began to emerge and a new direction in forestry policy was set, such as, (a) due recognition of ancestral lands and rights (Section 13, NIPAS law) and (b) rights of possession which may include places of abode and worship, burial grounds, and old clearings (Section 3 (mm), Presidential Decree No. 389). These are two milestone provisions which reinforced the existing social forestry program.
Salient points of the Revised Forestry Code of the Philippines (RFCP)
2. The rights of indigenous people to their ancestral lands were given importance by both laws. More than mere recognition, the NIPAS Act upheld the rights of these people, tenured migrants and other affected communities to participate in decision-making processes related to the management of the protected areas (Section 11, NIPAS law). 3. The role of the LGUs in both the NIPAS Act and the RFCP as a result of the passage of the Philippine Local Government Code (LGC) devolving central power and authority to LGUs has been significantly increased. The implementation of community based forestry program is one of the responsibilities given to the local units from the central government. The LGC elucidates the roles, functions, powers, and authorities of the LGUs in
An In-Depth Review of the Nipas Law and Related Statutes on the Establishment and Management of Protected Areas in the Philippines
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