Professional Documents
Culture Documents
NatRes Justice A
NatRes Justice A
law
1992 UNCED (United Nations Conference on the Development) – led to the Rio Declaration on
the Environment and Development as well as Agenda 21
Agenda 21 – sustainable future, Earth Summit in Rio de Janeiro in June 1992. It details on action
plan for sustainable development and environmental protection.
Philippine Agenda 21 – Philippine’s commitment to UNCED. Our own national ageda for
sustainable development.
Enhanced PA 21 – noted that: the rise of globalization and the creation of an external
environment of finance, markets, and technology did not seem conducive to development; civil
society needs to specify its commitment and contribution achieving sustainability in the updated
documents; gov’t need to be imbued with sustainable development perspective.
UN Conference on the Law of the Sea (UNCLOS) – Law of the Sea Convention
- Resulted from UNCLOS III from 1972 and 1983
- Defines rights and responsibilities of nations with respect to their use of the world’s
oceans, establishing guidelines for businesess, environment and management of marine
natural resources.
- Creates sui generis maritime space, the EEZ, granting new rights to coastal States to
exploit the resources found within this zone up to 200 nautical miles.
Copenhagaen Accord
- world’s developed and biggest developing countries agreed to put limits on their -
greenhouse gas emission.
- Still not enough but were a big advance on reducing emissions compared with “business
as usual”.
Kyoto Protocol
- Objective is to fight global warming by reducing greenhouse gas concentrations in the
atmosphere to “a level that would prevent dangerous anthropogenic interference with the
climate system”. (Art. 2)
- Extends the 1992 UNFCC
- Reduce greenhouse gas emissions on the premise that:
a. Global warming exists
b. Manmade CO2 emissions have cause it.
Basel Convention
- To reduce the movements of hazardous waste between nations
- To prevent transfer of hazardous waste from developed to less developed countries.
Main takeaway:
All these international agreements, protocols, and conventions provide and mainstream a greater
sense of importance and urgency on the issue of environmental protection.
Constitutional Provisions
1. Article I
2. Article II, Section 15
3. Article II, Section 16
4. Article XII, Section 2
5. Article XII, Section 5
6. Article XIII, Section 7
Law Requiring the Planting of Trees in Certain Places and Penalizing Unauthorized
Cutting or Destruction Thereof.
Biofuels Act
- Provides for the mandatory use of biofuels to help lessen emission of greenhouse gases
(GHGs)
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
- To regulate or prohibit the importation, use and disposal of chemical substances
- Prohibits entry of nuclear wastes and their disposal into the PH.
- Chief Justice Puno approved the new Rules of Procedure for Environment Cases
- First of its kind in the world
- To promulgate rules concerning the protection and enforcement of constitutional rights
- To provide a simplified inexpensive procedure for disposition of cases
Objectives:
a. To protect and advance the constitutional right of the people to a balanced and
healthful ecology
b. To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights
c. To introduce and adopt innovations and best practices ensuring effective enforcement
of remedies and redress for violation of environmental laws
d. To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases
Salient features:
- Threshold on locus standi has been liberalized.
- Citizen suits are encouraged but safeguarded against nuisance suits (SLAPP).
- Suits are subject of mediation
- Disallowing the filing of certain delay-prone pleadings
- Prohibiting the issuance of TROs against govt agencies action to enforce environmental
laws or prevent violations thereof
- Referral of scientific and technical issues to a panel of exports
- Proscribing stay of judgments by appeal
- Writ of Kalikasan
- ^ Authorizes the court, where the violation results in destruction, to direct the respondent
to immediately desist from undertaking activities complaint of and take positive steps to
preserve, restore the environment.
- Provide for discovery measures, like inspection order and production order, and
submission of memoranda in the form of draft decision.
- Writ of continuing mandamus is harnessed to monitor compliance with court judgments.
More features:
Takeway:
- The Supreme Court has fulfilled ts constitutional duty to promulgate rules concerning the
protection and enforcement of constitutional rights;
- The right of the people to a balanced and healthful ecology, and providing a simplified
and inexpesive procedure for the speedy disposition of environmental cases.
Oposa v Factoran
- Cleaning and rehabilitation of Manila Bay and preserving its water quality to the ideal
level can be compelled by mandamus
- SC important dispenser of environmental justice.