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  • 8/22/2019 DENR Reorganization Law and The 1987 Administrative Code of the Philippines Powerpoint plus LLDA. Nat Res Report

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    Revised Administration Code of 1987 (E.O

    292)

    DENR Reorganization Law (E.O 192)

    Institutional Arrangements

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    Revised Administrative Code of

    1987 (E.O 292) Short History

    What is E.O 292 ?

    Rationale of E.O 292

    Pertinent Provisions Concerning Environment

    and Natural Resources.

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    Short History of E.O 292: AC of

    1917

    It replaced the ADMINISTRATIVE CODE of 1917. This was promulgated

    (to make known by open declaration; publish; proclaim formally or put into operation) when the Philippines was

    still a colony of the United States.

    Its (Administrative Code of 1917) main purpose was todistribute among the three (3) separate branches of

    government -- executive, legislative, and the judiciary --the executive, legislative, and judicial power of the

    Philippine Government. It contained the followingsubjects: (a) The organization, powers and generaladministration of the Philippine government; (b) Theorganization and administration of bureaus; (c) The

    government of provinces and other political divisions;and (d) Penalties.

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    What is E.O 292 ? is the vital law governing the organization and structure of

    the national government It is divided into the following books:

    (a) Book I sovereignty and general provisions;

    (b) Book II the distribution of powers of government;

    (c) Book III- the Office of the President;

    (d) Book IV the executive branch of government;

    (e) Book V the Constitutional Commissions;

    (f) Book VI national government budgeting; and

    (g) Book VII

    administrative procedure. It virtually replaced the A.C of 1917. (The A.C of 1978 was

    never published and was expressly appealed)

    It was published July 25,1987

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    Rationale of E.O. 292 The following whereas clauses explain the rationale

    behind the E.O. 292: WHEREAS, the Administrative Code currently in force was

    first forged in 1917 when the relationship between thepeople and the government was defined by the colonialorder then prevailing;

    WHEREAS, efforts to achieve an integrative and overallrecodification of its provisions resulted in theAdministrative Code of 1978 which, however, was neverpublished and later expressly repealed;

    WHEREAS, the effectiveness of the Government will be

    enhanced by a new Administrative Code whichincorporates in a unified document the major structural,functional and procedural principles and rules ofgovernance; and

    WHEREAS, a new Administrative Code will be of optimum

    benefit to the people and Government officers andemployees as it embodies changes in administrative

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    Pertinent Provisions Concerning

    Environment and Natural Resources BOOK IV (the executive branch of government) /Title

    XIV/Chapter 1 discusses about ENVIRONMENT and NATURALRESOURCES.

    It contains five (5) sections namely Declaration of Policy, Mandate,Guidelines for Implementation, Powers and Functions, and

    Organizational Structure.

    SECTION 1. Declaration of Policy.(1) The State shall ensure, forthe benefit of the Filipino people, the full exploration anddevelopment as well as the judicious disposition, utilization,management, renewal and conservation of the countrys forest,

    mineral, land, waters, fisheries, wildlife, off-shore areas and othernatural resources, consistent with the necessity of maintaining asound ecological balance and protecting and enhancing the qualityof the environment and the objective of making the exploration,development and utilization of such natural resources equitablyaccessible to the different segments of the present as well as futuregenerations.

    (2) The State shall likewise recognize and apply a true value system

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    Pertinent Provisions Concerning

    Environment and Natural Resources

    SECTION 2. Mandate.(1) The Departm ent o f

    Environment and Natural Resources shal l be

    pr imar i ly responsib le for the implementat ion of

    the foregoing po l icy.

    (2) It shal l, su bject to law and higher author i ty, be

    in charge of carrying out the States constitutional

    mandate to con tro l and supervise the exp lorat ion,

    development, ut i l izat ion , and conservat ion o f the

    countrys natural resources.

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    E.O 192: DENR Reorganization

    Law Short History (DENR and E.O 192)

    What is E.O 192?

    Rationale of E.O 192

    Pertinent Provisions Concerning E.O 192

    Addendum : LLDA

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    Short History: DENR The history of the Department goes back as far

    as 1863 when by virtue of a Spanish Royal Decreean office known as Inspeccion General de Monteswas created in the Philippines. Although thatagency focused on forest administration in its

    generic terms as dictated by the limited scope ofservices then required, nevertheless its functionsand responsibilities included several concernsrelated to the management of a wide range of

    natural resources, such as forest inventory andprotection, land classification, watershedprotection, water, biodiversity and mineralresources conservation.

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    Short History: DENR

    The Department of Interior, which took over mattersof natural resources, was established in 1901.When Act No. 2666 was enacted on 18 November1916, it was abolished and all its responsibilitieswere reassigned to the Department of Agricultureand Natural Resources (DANR).

    On 1 July 1945, the DANR was re-instituted

    through provisions of the first Philippine Republic.When Presidential Decree No. 461 was issued in1974, the department was split up into twodepartments: the Department of Natural Resource(DNR) and the Department of Agriculture (DA).

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    Short History: DENR

    On January 30, 1987, Executive Order No. 131 was issuedcreating the Department of Energy, Environment and NaturalResources (DEENR) that took the powers and functions of theMNR (Ministry of National Resources, formerly DNR until theshift to parliamentary structure in 1978) and embraced theemerging critical concerns about energy and environment.

    However, EO 131 was never implemented.

    The Department of Energy, Environment and NaturalResources (DENNR) took the powers and responsibilities ofDNR and DA through Executive Order No. 131. Finally, on 10

    June 1987, the DENNR was renamed as the Department ofEnvironment and Natural Resources (DENR) throughExecutive Order No. 192.

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    What is E.O 192?

    It is known as the Reorganization Act of the

    Department of Environment and Natural

    Resources.

    It has 33 sections

    It was approved on June 10,1987

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    Rationale of E.O 192 The main features of EO 192 were

    1. the transfer of the energy matters to theoffice of the President and

    2. the decentralization of the bureaucracy by

    transforming the former line bureaus to staffbureaus and transforming most of the linefunctions to the regional and field offices.

    These features are in fact dramatic changes for

    they radically altered the concept of thebureaucracy and for the first time moved toinstitutionalize the decentralization of functionsand authority within the Department.

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    Whereas Clauses

    WHEREAS, Executive Order No. 131, dated January 30, 1987, wassuspended;

    WHEREAS, a policy having been reached on energy, the reorganizationof the Department of Natural Resources can be effected;

    WHEREAS, the environment will be affected by the use, development,management, renewal and conservation of the countrys naturalresources;

    WHEREAS, there is a need to protect and enhance the quality of thecountrys environment;

    WHEREAS, to attain this objective, environmental concerns and naturalresources concerns should be given equal attention by the Department;

    Pertinent Provisions

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    SECTION 2. Reorganization. The Department of Environment, Energy and Natural

    Resources is hereby reorganized structurally and functionally and renamed as the

    Department of Environment and Natural Resources, hereinafter referred to as Department,

    in accordance with the provisions of this Executive Order.

    SECTION 3. Declaration of Policy (two policies are present). It is hereby declared the

    policy of the State to ensure the sustainable use, development, management, renewal

    and conservation of the countrys forest, mineral, land, off-shore areas and other

    natural resources, including the protection and enhancement of the quality of theenvironment, and equitable access of the different segments of the population to the

    development and use of the countrys natural resources, not only for the present

    generation but for future generations as well. It is also the policy of the state to recognize

    and apply a true value system including social and environmental cost implications

    relative to their utilization, development and conservation of our natural resources.

    SECTION 4. Mandate. The Department shall be the primary government agency

    responsible for the conservation, management, development, and proper use of the

    countrys environment and natural resources, specifically forest and grazing lands of the

    public domain, as well as the licensing and regulation of all natural resources as maybe

    provided for by law in order to ensure equitable sharing of the benefits derived

    therefrom for the welfare of the present and future generations of Filipinos.

    Pertinent Provisions

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    Addendum: LLDA (Laguna Lake Development Authority)

    It is one of the attached agencies ofthe Philippines' Department of Environmentand Natural Resources responsible in thepreservation, development and sustainability

    of the Laguna de Bay and its 21 majortributary rivers.

    In 1993, it was attached to the DENR by virtue

    of Executive Order No. 149, adding to themandate of the Department its completesupervision.