1) What is the fastest way to close a factory causing grave air and water pollution?
n? responsibilities and the Precautionary Principle to guide decision-making in climate risk
The fastest way to close a factory that is causing grave air and water pollution is to file a
complaint with the Pollution Adjudicatory Board under the Environmental Management
Bureau. Environmental related concerns such as air and water pollution are now
addressed by specialized environmental court that provide remedies such as the Writ of
Kalikasan to be able to have a Temporary Environmental Protection Order issued in
order that such sardine factory be assessed for its compliance with necessary air and
water waste management program as well under the jurisdiction of the Pollution
Adjudicatory Board.
OR Writ of Kalikasan.
Pursuant to the doctrine of exhaustion of administrative remedies, administrative
remedies should first be exhausted before seeking relief from the regular courts of
justice.
2)
a. Sovereignty vis-à-vis the principle of equitable utilization of shared
resources
Under the principle of sovereignty, a state has full authority over the land
belonging to its territory as well as complete control and supervision over its
inhabitants. However, the sovereignty of a state does not grant a state the
authority to abuse the resources present in its territory, the principle of
utilization of shared resources mandates the state to take responsibility of
utilizing its resources such as waters in rivers that flow from one state to
another or the air that is circulated from one country to another by means of
weather changes. Although a sovereign state has full autonomy and authority
in the utilization of resources within its territory, it should not be used as to
inflict harm towards its neighboring states.
b. Common but differentiated responsibilities principle
Being a concept that is applicable not only to developing countries such as the
Philippines but also to developed countries such as the USA and Canada, all
States have a common but differentiated responsibility in the field of
environmental law. It is common in a sense that all States are in the same
position and must share in the responsibility to protect the environment, in
whole or in part, at the national, regional, and global levels. On the other hand,
it is differentiated in a sense that developed countries have more responsibility
because they deal with the activities on a larger scale. The principle takes into
account the different circumstances, particularly each party’s contribution to
the problem and its ability to prevent, reduce, and control threats to the
environment.
3) Salient features of the Climate Change Act
In response to the Kyoto Protocol, the Philippines, in its enactment of R.A. No. 9729,
otherwise known as the Climate Change Act, declared as a policy of the State to afford full
protection and the advancement or the right of the people to a healthful ecology in accord
with the rhythm and harmony of nature. In this light, the State has adopted the Philippine
Agenda 21 framework which espouses sustainable development to fulfill human needs
while maintaining the quality of the natural environment for current and future
generations.
Toward this end, the State adopts the principle of protecting the climate system for the
benefit of humankind, on the basis of climate justice or common but differentiated
management.
One of the salient feature of this act is the creation of a Climate Change Commission
(CCC), an attached agency to the Office of the President, as the lead policy making body on
concerns related to climate change. The CCC is tasked to coordinate, formulate, monitor
and evaluate programs and actions on climate change. The CCC is also responsible with
ensuring that local governments implement the National Framework Strategy on Climate
Change (NFSCC).
4) What are the lead agencies of the government tasked to implement environmental
protection and sustainable development?
As provided for under Section 4 of E.O. 192 of 1987, the DENR is mandated to be the
primary government agency responsible for the conservation, management, development
and proper use of the country's environment and natural resources, including those in
reservations, watershed areas and lands of the public domain, as well as the licensing and
regulation of all natural resources utilization as may be provided by law in order to
ensure equitable sharing of the benefits derived therefrom for the welfare of the present
and future generations of Filipinos.
Under the DENR, the lead agencies of the government tasked to implement
environmental protection and sustainable development include but not limited to:
Biodiversity Management Bureau (BMB); Environmental Management Bureau (EMB);
Forest Management Bureau (FMB); Land Management Bureau (LMB); Mines and
Geosciences Bureau (MGB); Ecosystems Research and Development Bureau (ERDB);
Laguna Lake Development (LLD).
5) Is the Environmental Impact Assessment (EIA) a requirement in all government
permits for buildings and sanitation, etc. Explain.
The Environmental Impact Assessment (EIA) is required only for all agencies and
instrumentalities of the national government, including all government owned and
controlled corporations, as well as private corporations and firms and entities that
propose a project that is classified as an environmentally critical project, or seeks to
operate in any area that is classified as an environmentally critical area.
Sec. 4 of P.D. 1586 provides that no person, partnership or corporation shall undertake or
operate any such declared environmentally critical project or area without first securing
an Environmental Compliance Certificate (ECC) issued by the President or his duly
authorized representative.
The process of EIA involves project screening, scoping, impact analysis, mitigation,
reporting in the form of an Environmental Impact Statement (EIS), review,
implementation and monitoring of declared environmentally critical areas and projects.
(Purpose of EIA)
Sec. 1 of P.D. 1586 provides that it is the policy of the State to attain and maintain a
rational and orderly balance between socio-economic growth and environmental
protection.
The requirement of undergoing an EIA was best exemplified in the case of Republic vs.
City of Davao, where Davao claims that as a local government it is exempt from the
requirement of undergoing the process of the EIA for its construction of a Sports Dome.
The Supreme Court ruled that while Davao is a local government unit, it cannot be
exempted from acquiring an Environmental Compliance Certificate (ECC) since the area
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 where the Sports Dome was proposed to be built was declared an environmentally
critical area, hence, it is mandatory to undergo such process.
6) May animals be duly represented by man in environmental cases? (Marine
Mammals of Tanon Strait vs. Sec. Angelo Reyes/Oposa v. Factoran cases)
Yes. In the case of Resident Marine Mammals of Tanon Strait vs. Sec. Angelo Reyes, the
issue of whether petitioners are capable of being represented since the same is neither a
natural nor juridical person, as opposed to the minors represented in the case of Oposa
vs. Factoran, it ruled that man, as stewards of creation, may duly represent such marine
mammals in conjunction with man’s right to a healthful and balanced ecology. In this
case, the research made by Japex was done before it could acquire an EIA
recommendation. Although Japex already ceased in operation of their activities, the court
found it crucial to point that Japex should have first acquired recommendation since the
Tanon Strait was an Environmentally critical area by virtue of the NIPAS Act.
7) Writ of Kalikasan (Kalikasan = Filipino word for “nature’)
The Writ of Kalikasan is a legal remedy available to a natural or juridical person, entity
authorized by law, people’s organization, non-governmental organization, or any public
interest group accredited by or registered with any government agency, on behalf of
persons whose constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or employee,
or private individual or entity, involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
The petition shall be filed with the Supreme Court or any of the stations of the Court of
Appeals.
The result of the grant of a Writ of Kalikasan is a temporary environment protection
order such as the one issued in favor of West Tower Condominium against First
Philippine Industrial Corporation (FPIC), when the oil leak at the former’s basement was
attributable to the latter’s black pipeline which ran from Batangas to Pandacan, Manila.
Such condominium sought the issuance of a permanent environment protection order to
ensure the closure of the pipeline which was already 40 years old and had not been
subjected to maintenance or routine assessments. The Supreme Court in its recent ruling
provided that unless the DOE provide further tests that have been complied with FPIC as
to the soundness of the pipeline, the issuance of a permanent environment protection
order (PEPO) cannot be granted at such time.
8)
a. Right to a balanced and healthful ecology in accordance with the rhythm
and harmony of nature.
Section 16, Article II of the Philippine Constitution provides that 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.
In order for man to be fully accorded his right to a healthful ecology,
environmental conditions must be favorable for his health. Man is not on top of
a pyramid in nature, but part of a web of flora and fauna, to which an
environment ideal for man to be in optimum health is one where nature is least
damaged, clean air and water, non-extinction of endangered species, optimum
ground temperature, stable weather conditions, and the like are mere
examples of nature’s harmony to be in sync in order for man to fully enjoy the
right to a balanced and healthful ecology. If the ecology of nature is at chaos,
man cannot live healthily, as man is not superior to nature, rather crucial in
helping to achieve optimum balance.
b. The Philippine Environmental Policy embodied in PD 1151
P.D. 1151, otherwise known as The Philippine Environmental Policy, seeks to
protect the right of the people to a healthy environment through a requirement
of environmental impact assessments and statements. It builds upon Sec. 16,
Art. II of the Philippine Constitution by including the right and the
corresponding obligation of the people to a balanced and healthful ecology.
Section 2 of PD 1511 provides that it is the policy of the State to control,
maintain, improve, monitor, as well as employ means and methods that will
ensure a sustainable condition of the Philippine environment for the
improvement of quality of life and well-being.
In line which such policy, the Philippine sought to employ the Environmental
Impact Assessment recommendation which is mandated in environmentally
critical areas and/or projects. Failure to comply with such process, the
company seeking to construct in an environmentally critical area or pursue a
environmentally critical project will be subjected to penalties as prescribed in
the Environmental Impact System.
9) Would you be in favor of the proposal to amend the Clean Air Act to allow the use of
incinerators to dispose wastes?
I am against the proposal to amend the Clean Air Act to allow the use of incinerators to
dispose wastes.
After studying and researching about the Paris Convention of 2015, I have learned that
carbon emissions, which is primarily the reason of the increased temperature of the
Earth, results from the burning of fossil fuels that produce carbon dioxide, and the
decomposing of waste produce methane, a natural gas which is also a culprit in global
warming. To allow the amendment of the Clean Air Act and allow the use of incinerators
in disposal of wastes would simply open opportunities for abuse in incineration of non-
biodegradable wastes that may add to the already alarming number of carbon emission in
the Earth’s atmosphere. Unless it can be shown that strict implementation to the actual
use of incineration, in ensuring that no possibility of greenhouse gas emissions will be
added to the environment, then the proposal to amend the Clean Air Act must be denied.
10) May Government agencies be mandated to spearhead operations in ensuring that
the Philippine environment is duly maintained? (MMDA v. Concerned Residents of
Manila Bay case)
Yes. In the case of MMDA vs. Concerned Residents of Manila Bay, which called for the
clean up of Manila Bay due to the neglect of several agencies in their responsibility in
abating pollution which led to murky and harmful waters for swimming and skin contact,
such agencies were compelled by the Supreme Court to initiate clean up, maintenance
and restoration programs to bring back the healthy status of Manila Bay. Such
government agencies, DENR, MMDA, PPWH, DOH, DECS, etc., are fully mandated by the
Philippine Environmental Policy to spearhead operations in ensuring that the Philippine
environment is duly maintained, if not improved to its optimum levels.
11) Principle of good neighborliness—a general principle of international law with
particular importance for the field of international environmental law. The principle
obligates states to try to reconcile their interests with the interests of neighboring states.
“No more right to abuse, only right to use.”
12) Precautionary principle—a principle recognized in international law that the
introduction of a new product or process whose ultimate effects are disputed or
unknown should be resisted. It generally defines actions on issues considered to be
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 uncertain, for instance applied in assessing risk management. The principle may be
summarized as when an activity raises threats or harm to human health or the
environment, precautionary measures should be taken even if some cause and effect
relationships are not fully established scientifically.
13) Polluter pays principle—a principle recognized in international law that those who
produce pollution should bear the costs of managing it to prevent damage to human
health or the environment. This may be implemented through “carbon price.”
One of the most important features is the creation of the National Solid Waste
Management Commission (NSWMC) that is responsible in the formulation of the National
Solid Waste Management Framework (NSWMF), the National Ecology Center (NEC) that
is responsible for consulting, information, training and networking services relative to
the implementation of the Act, and the Solid Waste Management Board (SWMB) that is
responsible for the development of their respective solid waste management plans.

14) Principle of non-regression—a principle recognized in international law that prohibits

any recession of environmental law or existing levels of environmental protections and
comprises its protective norms in the category of non-revocable and intangible legal
rules, in the common interest of humanity.

15) Sustainable development—a principle in environmental law that promotes economic

development that is conducted without depletion of natural resources. It is the
improvement in the quality of life for the present and future generations through the
complementation of development and environmental protection activities. It may simply
be described as “development without destruction.”

16) Hard law—this refers to binding international legal norms or those which have coercive
character, e.g., provisions of the UN Charter, Vienna Convention on Diplomatic Relations
Geneva Conventions of 1949.

17) Soft law—is used to describe international instruments that their makers recognize as
not treaties, but have as their purpose the promotion of “norms” which are believed to be
good and therefor should have general or universal application. It is important and
influential but do not in themselves constitute legal norms.

18) R.A. 7586: NIPAS Act

R.A. 7586, otherwise known as the National Integrated Protected Areas Act of 1992 or the
NIPAS Act, aims to secure for the Filipino people of present and future generations the
perpetual existence of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas within the classification of national
park as provided for in the Constitution. This comprehensive system is termed as the
National Integrated Protected Areas System (NIPAS).

Those areas of land that fall within the ambit of the NIPAS Act include national parks such
as the Hundred Islands in Alaminos Pangasinan, natural parks such as the Mayon
Volcano, natural monuments such as the Chocolate Hills in Bohol, and other protected
areas that are set aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against destructive human
exploitation.

NIPAS is placed under the control and administration of the DENR, wherein a Protected
Areas and Wildlife Division is created as a division in the regional offices of the DENR.

19) R.A. 9003: Ecological Solid Waste Management Act of 2000

R.A. 9003, otherwise known as the Ecological Solid Waste Management Act of 2000,
provides the legal framework for the country’s systematic, comprehensive, and ecological
solid waste management program that shall ensure protection of public health and the
environment. It emphasizes the need to create the necessary mechanisms and incentives
to pursue an effective solid waste management at the local government levels.

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