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Philippine Environmental
Landscape
The Philippines is one of the world’s richest natural
resources. It belongs to an elite list of one of the 17
megadiversity countries. The country’s landscape is
packed with numerous species of flora and fauna and a
rich concentration of marine life. About 65% of the 50,000
species of the flora and fauna known in the world can also
be found in the country. Within the Philippine waters are
500 of 800 known coral reef species, 2000 marine fish
species, more than 40 mangrove and 16 seagrass species.
For its climate, the Philippines is known to have a tropical
and monsoonal climate dominated by a dry and wet
season.
This wealth of natural resources should be protected and
preserved for future generations to come.
Environmental degradation
From a global perspective, the environment has
continued to degrade and several environmental
problems remain deeply imbedded in the socio-
economic fabric of nations. At present levels of
industrial activity, greenhouse gases are expected to
cause permanent increase in temperatures. The
consequences of a warmer world – rising seas and
extreme weather conditions – have caused untold
suffering on the world’s peoples. The oceans are
overfished; the forests are heavily denuded. ( Perry
Ong, The Philippine Biodiversity Crisis: A Time Bomb
waiting to Explode).
Environmental Problems
The Philippine environment is presently in crisis. The country’s rich
landscape is experiencing a drastic decline on account of human
activities. The forest cover is depleted and about 23% of the endemic
species are threatened with extinction. Industrialization played a
critical role in the increase of environmental problems in the country.
The growing need of Filipinos to sustain themselves has taken its toll
on the environment. There is water pollution and water scarcity.
Human migration resulted in the conversion of forest lands to
residential and industrial areas and the demand for transportation
services and increase in the number of factories and industrial plants
have all contributed to the worsening air pollution.
The recent tragedies brought about by natural disasters highlight the
country’s need to enhance its efforts to protect and rehabilitate the
environment.
Some Environmental problems
1. Water pollution
2. Deforestation
3. Loss of Biodiversity
4. Air pollution
5. Long term damaging effects caused by mining
operations
Climate change has also its pernicious consequences. It
represents the most serious, most pervasive environmental
threat that the world faces. The issues are not merely
scientific; it spans political, social and economic
dimensions, crosses national boundaries and reaches
beyond the present generation. ( CJ Puno, Seeking
Environmental Justice in a World without restraint).
Some pressing environment
problems
While Philippine biodiversity is considered as one of
the richest in the world, it is also one of the most
threatened ( at risk of extinction).
Philippines is left with only 24% forest cover, 2nd
lowest forest coverage area in Southeast Asia, next to
Singapore which has the lowest forest cover.
40% of the total coastal and marine areas are in poor
condition.
The current environmental situation places the
Philippines at the hottest of the biodiversity hot spots.
What is environmental justice?
As defined by the Environmental Protection Agency (EPA)
of the US, environmental justice is “the fair treatment of all
people, no matter what their race, color, national origin, or
income level, in the development, implementation and
enforcement of environmental laws, regulations and
policies.”
Fair treatment means that “no group of people, including
racial, ethnic, or socioeconomic groups should bear a
disproportionate share of the negative environmental
consequences resulting from industrial, municipal, and
commercial operations or the execution of programs and
policies.
Environmental Justice
Environmental Justice has no single universally accepted
definition. Some countries define the concept as “the
pursuit of equal justice and equal protection under the law
for all environmental statutes and regulations without
discrimination based on race, ethnicity, and or
socioeconomic status.
Others define it the same way as the EPA of the US.
However, the concept is defined, at the heart of
Environmental Justice lies the idea that brings together
environmental protection and social justice.
Environmental justice is therefore the FUSION of
environmental law and social justice.
Rights-Based Approach
Environmental justice stems from a growing recognition that the
Right to the Environment is a fundamental human right which
ought to be protected. The right of persons to environmental
protection has the same level as basic human rights. The
adoption of this approach plays a crucial role in litigation
because persons would be allowed to litigate on the basis of their
right to a healthy environment in the same way that they can
litigate for violations of their civil and socio economic rights.
The Rights-based Approach is reflected in various international
instruments. The Universal Declaration of Human Rights
(Stockholm Declaration) provides for the “right to a standard of
living adequate for health and well being.” This right carries with
it the right to the environment.
Rio Declaration
Subsequently, the Rio Declaration contained 27
principles with a goal of ensuring the protection of the
environment and promoting sustainable development.
It underlines the obligations of states not to cause
harm beyond their jurisdiction, to meet the
environmental needs of present and future
generations, and to consider environmental protection
as an integral part of development. It also mandates
states to eradicate poverty and to give special attention
to the least developed and environmentally vulnerable
countries emphasizing that in the cooperative process,
states have common but differentiated responsibilities.
Environmental Justice – in line with
Rights Based approach
EJ is defined as the goal of achieving adequate protection
from the harmful effects of environmental agents for
everyone, regardless of age, culture, ethnicity, gender, race
or socioeconomic status (Feng Liu, 1994).
Others view EJ as the equitable distribution of burdens of
the environment harms among various groups (James
salzman & Barton Thompson Jr, 2007).
Manjula Amerasinghe suggests that there are 2
fundamental principles of EJ: distributive and procedural
justice. Distributive refers to the equitable distribution of
environmental risks and harms. Procedural – focuses on
the right of the stakeholders to participate in decision-
making processes concerning the environment and
enabling them to access relevant information.
Philippine definition of
environmental justice
In the case of Oposa vs. Factoran, 224 SCRA 792, the relevant
provision of our Constitution describes it as the “right of the
people to a balanced and healthful ecology” and “the correlative
duty to refrain from impairing the environment.” (Twin concept
of intergenerational and intragenerational equity.)
There is a need to address the environmental problems in our
country to prevent the harsh effects of environmental damage.
The most dangerous of all these effects is the threat of climate
change and global warming because the country is at risk, where
about half of the total area and more than 80% of the population
are vulnerable to natural disasters. When flash floods, typhoons
and changing weather patterns occur, the marginalized sectors
are especially affected and are the hardest hit.
Environmental Rights as a
component of Human Rights
Environmental rights grew out of human rights, a development
which resulted from the genocide and atrocities committed in
World War II.
In our Constitution, environmental protection is stated not in
the Bill of Rights under Article III but in the Declaration of State
Policies under Article II. Nevertheless, the right to a healthful
ecology is recognized as iron-clad and no less demandable than
those specifically enumerated in the Bill of Rights. These
environmental provisions in the Constitution without a
mechanism for its enforcement would be nothing. The need for
mechanisms to protect the environment has become critical
today. So that there should be a middle ground which can strike
the delicate balance between economic exploitation and
environmental protection.
Development of Environmental
justice in the Philippines
The concept of environmental justice is not foreign/alien
to Philippine experience. The Philippines is said to have
one of the world’s most developed approaches to
environmental protection and preservation. It is enshrined
as a fundamental State policy under Sec. 16, Art. II. (the
right to a healthful ecology).
The Constitution also provides that the Philippines “adopts
the generally accepted principles of international law as
part of the law of the land.” Customary international
environmental laws are deemed incorporated or
transposed into our national laws.
International Environmental Law
Is law adopted by sovereign states to define standards at the
international level. It prescribes obligations and regulates
behavior in international relations in matters affecting the
environment. There are several sources of international
environmental law but of special interest to the Philippine
judiciary are multilateral environmental agreements (MEAs) and
generally accepted principles of environmental protection.
The very first environmental instrument was the 1921 GENEVA
CONVENTION CONCERNING the USE of WHITE LEAD in
PAINTING. Since then, 283 other international instruments in
the field of the environment have been adopted.
Another important source of international environmental law is
the generally accepted principles of environmental protection.
Important MEAs
1. 1972 Stockholm Conference on the Human Environment
– considered as the chrysalis (foundation) of modern
International Environmental Law. It was the first widely
accepted international effort to address environmental
issues.
The Conference was a discussion on the clashing
demands of the economy and ecology. The Stockholm
Declaration held that economic development is not
necessarily incompatible with environmental protection
and that development could proceed provided it avoids
damaging the environment.
Several principles in the Declaration are the sources of
our environmental policies in PD 1151 (Philippine
Environment Policy).
Important MEAs
2. United Nations Convention on the Law of the Sea
(UNCLOS) –
Ratified by the Philippines on May 8, 1984 but came into
force on November 16,1994 upon the submission of the 60th
ratification . Of particular importance is Art. 194 which
obliges parties to take measures to prevent pollution of the
marine environment from any source, including “land-
based sources” and “installations and devices used in
exploration or exploitation of the natural resources of the
seabed and subsoil.”
Over 80% of nation states are now members, but despite
this, the US has not ratified it.
1985 Vienna Convention for the
Protection of the Ozone layer
3. 1985 Vienna Convention for the Protection of the
Ozone layer and its 1987 Montreal Protocol on
Substances that Deplete the Ozone layer were both
ratified by the Philippines on July 17, 1991. These
international instruments oblige parties to phase
substances that deplete the ozone layer such as
chlorofluorocarbons (CFCs) and hydro-
chlorofluorocarbons (HCFCs) which are used in the
air-conditioning systems of many of our older cars,
offices and houses.
1989 Basel Convention on the
Control of TMHW
4. The 1989 Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their
Disposal was ratified by the Philippines on October 23,
1993. It declares illegal the transboundary shipment and
disposal of hazardous wastes, such as your spent cellphone
batteries and old computer units, except for recycling.
In 1994, an amendment to the Basel Convention proposed a
total ban on the transboundary movement of hazardous
wastes from developed countries to developing countries.
The Philippines has not ratified this amendment. Neither
has Japan nor Australia.
1992 UN Conference on the
Environment and Development
UNCED led to the Rio declaration of the Environment
and development as well as Agenda 21, this
generation’s international blueprint on the
environment.
Principle 1 of the Rio Declaration states “ Human
beings are at the center of concerns for sustainable
development. They are entitled to a healthy and
productive life in harmony with nature.”
1992 Convention on Biological
Diversity
Was ratified by the Philippines on October 8, 1993 while
the 1979 Bonn Convention on the Conservation of
Migratory Species of Wild Animals was ratified by the
Philippines only on January 2, 1994.
The Bonn Convention is a framework convention under
which parties may enter into agreements and memoranda
of understanding for the conservation of certain species. It
is significant that the Philippines is a signatory to the
Memoranda of Understanding (MOU) on the conservation
of marine turtles, dugongs and sharks. However, it is not a
signatory to the MOU on Pacific Island cetaceans.
1998 Rotterdam Convention
6. The 1998 Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade was
ratified by the Philippines on July 31,2006. The
convention requires exporters trading in specific
harmful chemicals such as ASBESTOS and
ENDOSULFAN to provide information on their
potential health and environmental effects so that the
importing country can decide on trade measures
affecting such chemicals.
2001 Stockholm Convention on
Persistent Organic Pollutants
7. 2001 Stockholm Convention was ratified by the
Philippines on February 27, 2004. It binds parties to
immediately ban the production and use of certain
pesticides such as ALDRIN and to eventually phase out
other pesticides such as DDT as these can adversely
affect human health and the environment around the
world. These dangerous substances are transportable
by wind and water.
Copenhagen Accord
A non-binding UN climate conference which ended on
December 19, 2009. A deal short on concrete steps against
global warming but signaling a new start for rich-poor
cooperation on climate change.
On September 11, 2009, representatives from more than 20
Asian countries, including the Philippines, adopted the
Manila Declaration on resources Efficient and Green
Industry, an initiative which promotes low-carbon business
systems and operations. While the Declaration is non-
binding, it outlines the steps needed to reduce resources
intensity and carbon emissions of Asian industries.
What is environmental law?
The body of laws which contains elements to control
human impact on the earth. ( as defined in Black’s Law
Dictionary.)
It is gaining recognition because of the realization that
there is an urgent need to regulate human activities
because of their impact on the environment. It is however,
a new field dealing with the “maintenance and protection
of the environment, including preventive measures such as
the requirement of environmental-impact statements, as
well as measures to assign liability and provide cleanup for
incidents that harm the environment.
Environmental Law - definition
Environmental law covers all laws that relate to the
PRESERVATION, PROTECTION, CONSERVATION,
EXPLOITATION, UTILIZATION, DEVELOPMENT and
MANAGEMENT of the environment and its natural
resources.
Environmental law recognizes that human activities
AFFECT, IMPACT, and if left unattended, endanger the
natural environment. Laws and rules with corresponding
sanctions are implemented in order to ensure that human
activities are regulated with the end goal of ensuring that
the environment is adequately protected.
Let us now look at the Philippine legal framework to see
how the current environmental laws address the
environmental problems.
Constitutional policy on
Environmental Protection
The 1987 Constitution bears the framework of the
Philippine Environmental Policy. The PREAMBLE lays
down the foundation for the environmental provisions.
Our fundamental right to a healthy environment is
embodied in Article II which states ”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.” This provision is self-executing in nature and
deemed as the source of the citizen’s basic environmental
rights. It is not only a policy but a demandable legal right.
The duty of the state to protect and promote the health of
citizens is also an adjunct to the right of the Filipinos to a
healthy environment.
Significance of the Constitution
The 1987 Constitution cemented the Philippine’s
commitment to strike a delicate balance between the
demands of economics and the needs of the environment.
For the first time, the right of the person to a balanced and
healthful ecology was recognized not only as an abstract
policy statement, but an enforceable legal right. The
Supreme Court affirmed the enforceability of this legal
right in the seminal case of Oposa vs. Factoran.
Forming the matrix of this right is the recognition that
human beings are an integral part of a complex ecological
community. Nothing less than the survival of the human
species hangs on this delicate balance.
Relevant Constitutional provisions
Section 15, Article II - The State shall protect and
promote the right to health of the people and instill
health consciousness among them.
Most of the provisions of Article XII also highlight the
State’s primary objective of protecting the
environmental resources of the country. Sections 2, 3.
4 and 5 all seek to protect the country’s land from
abuse and exploitation and ensure that the
development of the country’s natural resources will
benefit the Filipino people.
Section 4, Article XII enjoins the State to protect our
endangered forest and watershed areas.
Section 7, Article XIII calls upon the State to protect,
develop and conserve communal marine and fishing
resources.
In pushing the frontiers of industrialization, Section 1,
Article XII cautioned the State to make “full and efficient
use of human and natural resources”.
Section 4, Article XIII emphasizes the duty of the
government to undertake the just distribution of all
agricultural lands, taking into account ECOLOGICAL,
DEVELOPMENTAL and other equity considerations.
Philippine Environmental Laws
Philippine Environmental Laws are geared towards the
attainment of SUSTAINABLE DEVELOPMENT. They seek to
address a wide array of environmental concerns ranging from
forest degradation, loss of biodiversity, water and air pollution
and hazardous waste management among others. The laws are
enumerated in the Rules of Procedure for Environmental Cases
and are classified into 4 groups: 1. TERRESTRIAL 2. MARINE
and AQUATIC RESOURCES 3. AERIAL and 4. OTHERS.
Terrestrial laws refer to the protection and preservation of forests
and biodiversity.
Marine and aquatic resources laws pertain to the protection and
preservation of the waters and preservation of marine life.
Aerial laws deal with preventing air pollution, while other laws
refer to those that involve hazardous wastes and other
environmental concerns.
3 Categories of Major Philippine
Environmental Laws
1. the regulation of exploitation, utilization and
development of natural resources;
The time frame is the period within which the EMB shall issue the
decision on the application. The period begins once the application
documents and the payment of the required processing and review
fees are received by EMB.
Legal Basis for requirement of ECC
Sec. 4 of PD 1586 states:
No person, partnership or corporation shall
undertake or operate any such declared
environmentally critical project or area without first
securing an Environmental Compliance Certificate
issued by the PRESIDENT or his DULY
AUTHORIZED REPRESENTATIVE.