Legal and Policy Department

The Legal and Policy Department (LAPD) was the youngest department in the PCSDS having been created in September 2004 after the PCSD approved the interim organization of the PCSD Staff. It was composed of three divisions, namely: the Legal Services, the Policy Division and the Media Bureau. LAPD’s primary functions are as follows: 1) Provides legal assistance to PCSD, LGUs and other entities in the implementation of SEP law 2) Formulates policy guidelines based on policy research studies for recommendation to the Council 3) Determines and formulates legal instruments to meet SEP goals and objectives 4) Reviews existing laws, rules and regulations related to Palawan environment and recommends amendments and alternative policies and 5) Handles the media bureau of the agency.

LEGAL SERVICES

The Legal Services Division (LSD) used to be under the Office of the Executive Director providing legal services to the different departments and DMOs and legal assistance to the Council during meetings. The Division serves as the legal arm of the PCSD and the PCSDS. It acts as the Secretariat to the PCSD Adjudication Board, formerly the Legal Committee created pursuant to PCSD Resolution No. 02-202, as amended by PCSD Resolution Numbers 03-207 and 04-238. The Board adjudicates controversies or violations of PCSD administrative orders or policies duly adopted by the Council. The administrative proceedings before the Board are summary in nature. As Board Secretariat, the Legal Services Division provides technical and administrative support to the operations of the Board. Seventy one administrative cases have been filed and are now in various states of adjudication by the Board. Of these, 26 cases were filed in 2004.

POLICY REVIEW/FORMULATION

Environmental policy studies to address various concerns were identified by the Policy Division (PD). These studies were conducted to provide the Council with thorough analysis of certain issues affecting the environmental state of Palawan. Out of these studies, the Legal and Policy Department was tasked to produce a Policy Compendium that should contain all policies issued by the PCSD. Specifically, the Policy Division, in cooperation with selected staff from the PTSD is currently undertaking the following:

1) Implementation review of 8 policy areas intended to arrive at a workable implementation guideline that defines and assigns agency responsibilities. The policy areas include: Caves Act, Wildlife Act, Chainsaw Act, Sand and Gravel, CADC/Tribal Ancestral Land/Almaciga, Mangrove, Ecotourism, Communal Forest (CF) and Community Based Forest Management (CBFM).

2) Conduct of a full policy analysis with options on how to address the policy for the Live Reef-fish for Food Industry (LRFFI).

3) Compilation of related policies in 5 areas like Seaweeds, Protected Areas, Clean Air Act, Clean Water Act and Solid Waste. For each policy area the following activities were undertaken: 1) Compilation of existing related policies 2) Agency analysis in terms of mandate to implement the specific action required by the policies and 3) Identification and delineation of the roles and functions of the agencies involved in the implementation of the policies.

The implementation review of the specific policy areas enumerated above proceeded from the agreements or consensus reached during the series of workshops and focus group discussions on the harmonization and rationalization of agency roles and functions undertaken in October 2004 and subsequently adopted by the Council in November 2004. However, during the Council meeting on December 17, 2004, the Council seemed to have backtracked to the original role and functions of PCSD as provided in the special laws, i.e. Wildlife Act, Chainsaw Act and Caves Act. The guidelines that were drafted based on the consensus points have to be revisited. The status of implementation review of the specific policy areas are discussed below.

Caves Act

The implementing rules and regulations for the Caves Act as well as the permitting system for the edible bird's nest gathering was approved as basis for management of caves in Palawan including the resources therein. In the light of the agreements reached during the harmonization workshops, an amendment was drafted for the existing PCSD Administrative Order No. 03-08, "Implementing Rules and Regulations of the National Caves and Cave Resources Management and Protection Act as Applicable in the Province of Palawan" and PCSD Administrative Order No. 03-08A, "Permitting Guidelines for the Collection of Edible Bird's Nests".

In consideration of the role of the LGUs as forerunner of development and conservation in their respective areas of jurisdiction, the participation of the LGU in the implementation of the Caves Act concerning the collection of edible bird's nest will be forged through a Memorandum of Agreement. Initially, the MOA with the El Nido LGU has been signed. A basic orientation workshop on caves and cave resources management and deputation training for cave protection enforcement officers was conducted during the year.

Wildlife Act

In connection with Republic Act No. 9147, the PCSD has adopted DENR Administrative Order No. 2004 - 55, providing for the procedural guidelines pursuant to the Joint DENR-DA-PCSD Implementing Rules and Regulations of RA 9147 and DAO 2004 - 62, prescribing fees and other guidelines pertaining to the registration of threatened, non-threatened and exotic faunal species under the jurisdiction of the DENR. This is contained in PCSD Resolution No. 04 - 242 approved and adopted on 17 December 2004. A Memorandum of Agreement between the PCSD and DENR was drafted defining the responsibilities of PCSD and DENR in the implementation of wildlife registration in accordance with the consensus reached during the harmonization workshops. This draft MOA was presented to the Council last December where the Council considered delegating the registration and permitting system to DENR being a member of the PCSD. But some council members were of the opinion that PCSD cannot delegate this function to DENR since the legislative intent is for PCSD to implement the law in the province of Palawan. In view of this development, some of the guidelines already drafted have to be revised accordingly.

The registration of wildlife required under Section 26 of RA 9747 will now be undertaken by the PCSDS. Some of the DMO staff have undergone hands-on training on wildlife tagging and handling in preparation for this task. The training was held in cooperation with the Palawan Wildlife Rescue and Conservation Center (PWRCC) which provided the resource persons with technical expertise. A draft resolution designating wildlife registration period and the cost estimates for this activity will be presented for approval by the Council.

The staff also took the lead in updating the database for Palawan Endemic and Endangered Wildlife and coordinated with the DENR-PENRO regarding the turn-over of confiscated wildlife to the PWRCC.

Chainsaw Act

The policy guidelines for the registration, possession, sale, purchase and importation of chainsaw were adopted and enforced since 2003. The initial implementation of the guidelines saw the need for improvements, thus an amendatory guidelines have been drafted under the joint efforts of the previous Special Concerns Unit and Legal Affairs Unit during the early part of 2004. The draft amendments have been included in the agenda of the monthly council meeting. The registration of existing chainsaws in possession of individuals has been terminated in September 2004. Pending applications for registration were disapproved in the Council meeting of December 2004. However, the Sangguniang Bayan of Balabac passed a resolution requesting the PCSD to extend the registration of chainsaw in the municipality of Balabac.

The database for registered 223 chainsaws was created and technical assistance was provided to the DMO in the evaluation of chainsaw applications for registration from January to August.

Sand and Gravel

The process for the drafting of the policy and the implementing guidelines is still ongoing. Relative to this, the following were accomplished: 1) gathered secondary data/information from files of the PCSDS Library, Provincial ENRO and DENR-PENRO. These were complemented by unstructured interviews from concerned staff of agencies visited. Series of “in house” staff consultation meetings to level off and clearly understand the framework, purpose or objectives for the development of the policy paper were also conducted 2) drafted the content outlines of discussion papers 3) drafted the contents of the policy paper and made series of revisions to improve the same. A draft guideline for the establishment of a one-stop-shop is now under peer review by the LAPD.

Tribal Ancestral Zone/Almaciga

The Revised ECAN Guidelines for Tribal Ancestral Lands was reviewed by the Staff and necessary amendments will be presented to the Council for approval early next year. Data gathering and compilation of laws and other related documents on Tribal/Ancestral Lands were done from PCSDS, DENR and the National Commission on Indigenous Peoples (NCIP). This was augmented with dialogues among key players to know their plans and programs in this area. Moreover, the focus group discussion involving the LGU/MPDC, representatives from NATRIPAL, NCIP (local), and DENR were convened. The finalization of the proposed MOA between NCIP and PCSD initiated in March 2004 is still underway. The MOA was intended to harmonize the PCSD-NCIP roles and functions under their respective mandates pursuant to RA 7611 or SEP Law and RA 8371 or IPRA Law.

involving the LGU/MPDC, representatives from NATRIPAL, NCIP (local), and DENR were convened. The finalization of the proposed MOA between NCIP and PCSD initiated in March 2004 is still underway. The MOA was intended to harmonize the PCSD-NCIP roles and functions under their respective mandates pursuant to RA 7611 or SEP Law and RA 8371 or IPRA Law.

The PCSDS was also invited to participate in validation surveys of applied areas in the municipality of Aborlan. The PCSDS advised the Provincial Head of the NCIP, copy furnished the NCIP Central Office to hold in abeyance the processing of CADT applications for areas not yet declared by PCSD as tribal ancestral land under the ECAN. In response, the NCIP forwarded its final comment on the MOA. The Staff reiterated PCSD's position to recognize the Council's mandate to declare tribal ancestral lands under ECAN prior to any processing of applications for CADT. Once NCIP's response will be available, the draft MOA will be submitted to the PCSD for review and approval.

The policy on almaciga tapping within the core zone will be considered under Tribal Ancestral Lands wherein cultural and material activities are allowed under Sec. 11 of RA 7611.The policy was drafted and presented to the PCSD for comments. The policy gives preferential rights to the IPs and defines the guidelines for the evaluation of applications. Further, an analysis of the policy was made to strengthen its implementation.

Mangrove

The process for the drafting of the policy implementing guidelines is ongoing. Relevant laws, rules and regulations have been gathered as input to the analysis. Refinements of the consensus points reached during the harmonization workshops are being done especially with the LGUs concerning their respective roles in the protection of mangrove and coastal areas against illegal fishponds and mangrove debarking. Ecotourism The policy initiative focused on the review of the Forest Lease Agreement for Tourism (FLAgT) recently issued by the DENR. Initial discussions have been made among DENR, DOT and PCSDS key personnel regarding the formulation of policy guidelines in this area.

ECOTOURISM

The policy initiative focused on the review of the Forest Lease Agreement for Tourism (FLAgT) recently issued by the DENR. Initial discussions have been made among DENR, DOT and PCSDS key personnel regarding the formulation of policy guidelines in this area.

Communal Forest (CF)

The Joint DENR - PCSD Implementing Guideline had already been presented and approved in principle by the PCSD. The details of the guideline have been the subject of discussion between the technical staff of the DENR and the PCSD and the League of Municipalities. The draft guideline is now in the final review process by the DENR technical working group. This will be presented for consideration and approval by the Council once the DENR is able to return their comments before the February 2005 council meeting.

Live Reef-Fish for Food Industry (LRFFI)

A model ordinance for live reef-fish for food industry in the province is being envisaged. This will include the guidelines on selective banning of live fish catching and consider the roles of players in the industry. A full policy analysis of the LRFFI is targeted as tool to come up with policy options to cover the live fish industry in Palawan. The conduct of a full policy analysis and the crafting of a realistic and workable policy on the LRFFI are now with the joint committee/study group formed between members of the Provincial Sanggunian of Palawan and the PCSDS. An interim policy on the LRFFI will be pursued to focus on two options: either the banning or the regulation of the industry, pending the formulation of a comprehensive policy on how to sustain the LRFFI. The policy analysis on live fish is anchored on the Live Reef Fish Study conducted by the WWF in collaboration with PCSD, BFAR and NEDA. A technical assistance for the study is extended by the USAID FISH Project.

A policy conference on the LRFFI in Palawan and its Nationwide Application/Implication was scheduled to be undertaken in March 2005 at the PSDTI, Irawan, Puerto Princesa City. The goal of the conference was to initiate the process of arriving at a policy consensus to sustain the live reef fish industry in Palawan. Specifically, it will have the following objectives: 1) To evaluate/elaborate the recommended policy options to address the issues confronting the live reef fish industry in Palawan and 2) To agree on the next steps to arrive at a policy consensus. The conference will be organized in association with the PCSD, FISH Project, Provincial Government of Palawan, City Government of Puerto Princesa and League of Municipalities of Palawan.

Other Policies

Documents relating to the other policy areas have been compiled in preparation for the policy compendium

SEP CLEARANCE SYSTEM

The Policy Division also finalized the revised SEP Clearance System to make it more efficient and effective. It has drafted the simplified evaluation guidelines, a step towards a simplified clearance system for each project. The initial output of this effort was the drafting of the evaluation guidelines for forestry projects, which will be subjected to review by the key PCSD Staff involved in project evaluation. The process flow for the issuance of SEP Clearance / Accreditation is reflected in the Annexes.

MEDIA AND PUBLIC AFFAIRS

The Media and Public Affairs Division (MPAD), placed under the LAPD, is the primary office for PCSD and Staff communications, public relations program, promotions and specialized publications. It oversees the image-building activities of the PCSD and Staff.

Specifically, the division is tasked to: 1) Build and maintain relationships with the local, national and even international media 2) Intensify promotion of SEP, PCSD and Staff projects, programs and policies 3) Design a style guide or standards for communications like memoranda, electronic mails, letters, reports, position and policy and policy papers, press releases, among others 4) Set-up media system at PCSDS and 5) Assist other units/divisions/departments in their promotional activities.

The division head is the spokesperson for the PCSD and Staff and principal advisor to the PCSD Chairman and PCSDS Executive Director on all issues concerning short and long term strategic communications and public relations. The Division’s accomplishments for the year include providing the media with official announcements, press releases, speeches of the PCSDS Chairman and PCSDS Executive Director; monitoring and documenting media reports about SEP, PCSD and Staff; managing crisis and negative publicity; producing promotional materials; developing periodic themes to highlight PCSD and Staff thrusts, priorities and activities; assisting in the production of PCSD newsletter and other publications; and contributing to PCSD website updates.

OTHER SIGNIFICANT ACCOMPLISHMENT OF THE DEPARTMENT FOR THE YEAR

Organizational Development Study

LAPD took the lead in assisting the consultants from the Center for Conscious Living Foundation or CCLF in the conduct of an organizational development (OD) study that essentially dwells on internal sensing of the PCSD/PCSDS. This activity was expected to improve the organizational performance of the PCSD/S by enhancing the well-being of its internal stakeholders. The project started on the second week of October 2004 and was expected to proceed until the end of January 2005.

The main objective of this project was to prepare PCSD for planned interventions geared towards organizational development. This was done through a combination of tools and methods for “internal sensing” or diagnosis, and the establishment of basis of performance. Two main aspects of PCSD/PCSDS were examined: 1) organizational performance and 2) organizational climate. Related to this, three main activities were undertaken:

To assess the organization performance, the project underwent a process of role/function clarification, reconciliation and harmonization, which was done through a series of workshop that involved all the agencies that are represented in the PCSD, the LGUs, the PCSDS and other national agencies operating in the Province. This process was facilitated mainly by the Policy Division. The process of role/function clarification, reconciliation and harmonization centered on the selected policy areas under review by the department.

The output of this process was a consensus of harmonized roles and functions of the agencies represented in the PCSD, which was presented to the Council and was formally adopted in its regular meeting held at the DOT in Manila on November 26, 2004. The details of the major consensus points will continue to be reformulated, refined and redefined, while a workable implementation guideline will be formalized between and among the concerned agencies. Also part of the assessment of the organization’s performance was the formulation of indicators of PCSD/PCSDS performance using the Logical Framework Approach (LFA). The LFA was used to set strategic objectives, define expected results, identify underlying assumptions and risks and select appropriate indicators to measure progress towards the expected results. This was performed in a workshop held on November 22 – 23, 2004 participated by representatives from the different units/divisions/departments of PCSDS. The logical framework matrix includes a narrative summary of goals, purpose and output, the performance indicators, means of verification and assumptions.

Another aspect of the Organizational Study was an assessment of the Organizational Climate. An Organizational Climate Survey (OCS) was undertaken simultaneously in Puerto Princesa City and Quezon City offices of the PCSDS last November 24, 2004. As a diagnostic tool, the OCS was used to assess the positiveness or negativeness of particular organizational aspects as perceived by the employees. Specific for PCSDS, the parameters included in the examination were: communication, work processes, organizational structure, terms and conditions of employment, motivation, learning systems and other processes.

A final report on the analyses of outcomes of the three main activities, and recommendations for future OD interventions is expected to be completed by the end of January 2005.

PCSD SECRETARIAT

The Department provided assistance to the Council particularly in the preparation of the necessary documents, correspondence, briefs, resolutions and distribution thereof and conduct of Council meetings.

PTFPP ASSETS

Relative to the organization of the PTFPP Asset Inventory Team on October 11, 2004, the following were also accomplished: 1) Submitted the partial inventory report on 16 November 2004 2) Submitted the final report on 21 December 2004 3) Drafted and finalized the on-site inventory form used for the field inventory of PTFPP micro-projects and 4) Completed the final editing of all the on-site inventory form submitted by the DMO Staff.