Participation Principle Indicators under Environmental Law:
Towards Establishing International Collaboration in Pursuit ofEnvironmental Justice
March 9-10, 2015
Osaka University*Gloria Estenzo Ramos,MPA, LlB
Oceana Philippines International

* Introduction – Political and Ecological Profile of
the Philippines* I. State of Environment* II. Legal Framework and Challenges inProtecting Access Rights and Promoting GreenJustice* III. Conclusion*

Profile: PHILIPPINES• Government• People and Environment• Presidential form

• Population: 100 Million andstill growing• Three co-equal andseparate departments • Poverty level – over 30%• Decentralized form of • 7,100 islands
government, but notfederal• Christianity is the main
religion• Local autonomy anddevolved powers and • Natural laboratory for
functions of local
disasters
government units• Patronage politics and• Rule of Law – 1987
political dynasties are still
Constitution
prevalent• Strong Spanish andAmerican influence becauseof colonial rule

Center of the center…

Scientists have described the Philippines as the center of the center ofmarine shore fish diversity with the “richest concentration of marine lifeon the entire planet.” (Carpenter and Springer, 2005)14th major fishing country
PeruSenegal

China

BrazilNew ZealandThailand Namibia
South Korea
TurkeyEuropean Union

South Africa
Argentina
MexicoCanadaMorocco (noW.Sahara)

United States

Philippines
VietnamRussia

Malaysia
Iceland
NorwayIndonesia
Japan
Chile

Source: FAO Catch Data 2000-2006 Average

IndiaOur seas, our life…Filipinos are
fish-eating people• IRONICALLY, THE POOREST OF THE POOR LIVE IN COASTAL COMMUNITIES.
• THE HIGHEST CONCENTRATION OF MALNOURISHED CHILDREN IS FOUND IN
FISHING VILLAGES.
•FISHERFOLK ARE BEING DISPLACED BY ILLEGAL FISHING IN ALREADY OVERFISHEDMUNICIPAL WATERS AND UNPLANNED COASTAL DEVELOPMENTS, IN ADDITION TO THE
CLIMATE CRISISAssassination of Sen. Aquino at the tarmac,
Aug 21, 1983, Photo: AP
President Cory Aquino
Photo: Siete Suerte

* Social Contract withthe People

President Benigno S. Aquino III*

* Our country will continue to be whatDr. Kent Carpenter describes as ‘thecenter of the center of marine

biodiversity adversity’ if citizens allow
the almost nil implementation of laws,
the pervasive state of ignorance of rights
and responsibilities to protect Nature andthe people by public officials andcitizens, the appalling apathy by thosevested with the knowledge of law,science, economics and other fields, andthe worsening anthropogenic impacts
inflicted upon our home planet, and ofcourse, the shameless avarice by those
who worship money and the self above*anything else.

Update on EU yellow card status

Rappler, February 17, 2015

*Legal Framework and* CONSTITUTION

Challenges inPromoting Green
Justice in thePhilippines

HUMAN RIGHTS to LIFE, HEALTH AND ENVIRONMENTRIGHT TO ACCESS INFORMATIONRIGHT TO PARTICIPATE IN DECISION-MAKINGPROCESS* NATIONAL LAWS
* SPECIFIC STATUTES TO PROTECT AND CONSERVETHE ENVIRONMENT* ANTI-POLLUTION LAWS
* INTERNATIONAL CONVENTIONS – DOCTINE OFINCORPORATION* SUPREME COURT RULINGS* OPOSA V. FACTORAN* PROV. OF RIZAL V. EXEC. SEC.
* ALVAREZ V. PICOP* MMDA V. CONCERNED RESIDENTS OF MLA BAY* BORACAY FOUNDATION V PROVINCE OF AKLAN* SC RULES OF PROCEDURE FOR ENVIRONMENTALCASES* LOCAL ORDINANCES* ADMINISTRATIVE REGULATIONSCONSTITUTION
HUMAN RIGHTSNATIONAL LAWSLocal Government CodeENVIRONMENTAL LAWS
SUPREME COURT RULINGS
Oposa v.
INTERNATIONAL LAW PRINCIPLESLOCAL ORDINANCE

ADMINISTRATIVE REGULATIONS

** Art. II, Section 28. Subject

to reasonable conditionsprescribed by law, the State
adopts and implements a
policy of full public
disclosure of all its
transactions involving
public interest* Art III, Section 7. The right ofthe people to information onmatters of public concern
shall be recognized. Accessto official records, and todocuments and papers
pertaining to official acts,
transactions, or decisions, aswell as to government
research data used as basis
for policy development, shallbe afforded the citizen,
subject to such limitations as
may be provided by law.

Supreme Court Rulings affirming the right to access information
Tañada v. Tuvera, G.R. No. 63915, April 24,1985
Legaspi v. Civil Service Commission, G.R. No. 72119, May 29, 1987
Valmonte v. Belmonte, G.R. No. 74930, February 13, 1989
Rationale: “An informed citizenry with access to the diverse currents in political,
moral and artistic thought and data relative to them, and the free exchange ofideas and discussion of issues thereon, is vital to the democratic government
envisioned under our Constitution.”

*JULY, 20092011

** AVAIL OF REMEDIES UNDER R.A. 9485,
ANTI-RED TAPE ACT LAW

Constitution, Article XIII: ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS
Section 16. The right of the people and their organizations toeffective and reasonable participation at all levels of social,political, and economic decision-making shall not be abridged. The
State shall, by law, facilitate the establishment of adequate
consultation mechanisms.

** Local Government Code – devolved environmentalprotection as a service to be delivered by local
government units (LGUs)* Public consultation is required for projects that

impact the environment or cause climate change* Any permit or license is invalidated due to failure tocomply with the requirement of public consultation- Supreme Court rulings (Cruz vs. Exec. Secretary,
Boracay Foundation vs. Province of Aklan (June 26,2012)*

* Under various environmental laws, multi-sectoral bodies are constituted as policymaking bodies – Solid Waste Management Board
under RA 9003(Ecological Solid Waste
Management Law), Air Shed Board under RA8749 (Clean Air Act), Protected Area
Management Body under RA 7586, the National
Integrated Protected Area System Act),
Fisheries and Aquatic Resources ManagementCouncil under RA 8550, the Fisheries Code**Promulgation Date: APRIL 13,
2010

* Filing fees waived or imposed as a
judgment lien
* Citizen suit
* Precautionary principle, formallyadopted* Anti-SLAPP provision* New remedies: writ of kalikasan,(temporary) environmental
protection order, continuingmandamus* Trial by affidavit (in lieu of directexamination) subject to crossexamination

Promulgation Date:
APRIL 13, 2010*

Citizen Suit (Rules of Procedurefor Environmental Cases)• Section 4. Who may file. — Any real party in interest,
including the government and juridical entities authorized
by law, may file a civil action involving the enforcement or
violation of any environmental law.

• Section 5. Citizen suit. — Any Filipino citizen in
representation of others, including minors or generations
yet unborn, may file an action to enforce rights or
obligations under environmental laws. Upon the filing of acitizen suit, the court shall issue an order which shallcontain a brief description of the cause of action and thereliefs prayed for, requiring all interested parties tomanifest their interest to intervene in the case within
fifteen (15) days from notice thereof. The plaintiff may
publish the order once in a newspaper of a generalcirculation in the Philippines or furnish all affectedbarangays copies of said order.
• Citizen suits filed under R.A. No. 8749 and R.A. No. 9003
shall be governed by their respective provisions.

Citizen Suit under the Rules

Indiscriminate dumping of coal ash in ToledoCityPhoto: Primo, Toledo City

**

Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act
or its implementing rules and regulations, any citizen may file an appropriate
civil, criminal or administrative action in the proper courts against:*(a) Any person who violates or fails to comply with the provisions of this Act
or its implementing rules and regulations; or*(b) The Department or other implementing agencies with respect to orders,rules and regulations issued inconsistent with this Act; and/or*(c) Any public officer who willfully or grossly neglects the performance of anact specifically enjoined as a duty by this Act or its implementing rules andregulations; or abuses his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing
rules and regulations: Provided, however, That no suit can be filed until
thirty-day (30) notice has been taken thereon.

**The court shall exempt such action from the payment of filing fees, except
fees for actions not capable of pecuniary estimations, and shall likewise,upon prima facie showing of the non-enforcement or violation complained of,exempt the plaintiff from the filing of an injunction bond for the issuance ofa preliminary injunction.

*Section 52. Citizens Suits - For the purposes of enforcing theprovisions of this Act or its implementing rules andregulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts/bodies
against:*(a) Any person who violates or fails to comply with theprovisions of this Act its implementing rules and regulations;or*(b) The Department or other implementing agencies withrespect to orders, rules and regulations issued inconsistent
with this Act; and/or*(c) Any public officer who willfully or grossly neglects theperformance of an act specifically enjoined as a duty by thisAct or its implementing rules and regulations; or abuses hisauthority in the performance of his duty; or, in any many
improperly performs his duties under this Act or its
implementing rules and regulations; Provided, however, Thatno suit can be filed until after thirty-day (30) notice has
been given to the public officer and the alleged violator
concerned and no appropriate action has been taken
thereon.

*The Court shall exempt such action from the payment offiling fees and statements likewise, upon prima facie
showing of the non-enforcement or violation complained of,exempt the plaintiff from the filing of an injunction bond forthe issuance of preliminary injunction.

*

In the event that the citizen should prevail, the Court shallaward reasonable attorney's fees, moral damages andlitigation costs as appropriate.

Within thirty (30) days, the court shall make a determination if the compliant
herein is malicious and/or baseless and shall accordingly dismiss the action
and award attorney's fees and damages.

** First case filed in Cebu for Environmental Protection Order (EPO)* Environmental protection order (EPO) refers toan order issued by the court directing orenjoining any person or government agency toperform or desist from performing an act inorder to protect, preserve or rehabilitate theenvironment.

* Akin to applying for Writ of Kalikasan, only that

it is filed in lower courts, not with the Supreme
Court or the Court of Appeals

*

*

*

Photo: Ricardo Rezende

* Inspired by two cases in India, the writ was

first issued in the case of Metro Manila
Development Authority vs. Residents of Manila
Bay (G.R. Nos. 171947-48, December 18, 2008)*

Sunset at Manila Bay

*RA 8749, the Clean
Air Act

RA 9003, theESWM Law* Section 43. Suits and Strategic Legal Actions Against

Public Participation and the Enforcement of This
Act. - Where a suit is brought against a person whofiled an action as provided in Sec. 41 of this Act, oragainst any person, institution or government agency
that implements this Act, it shall be the duty of theinvestigating prosecutor or the court, as the casemay be, to immediately make a determination notexceeding thirty (30) days whether said legal
action has been filed to harass, vex, exert undue
pressure or stifle such legal recourses of theperson complaining of or enforcing the provisionsof this Act. Upon determination thereof, evidence
warranting the same, the court shall dismiss thecase and award attorney's fees and double
damages.

* This provision shall also apply and benefit public

officers who are sued for acts committed in theirofficial capacity, their being no grave abuse ofauthority, and done in the course of enforcing thisAct.

* Section 53. Suits and Strategic Legal Action

Against Public Participation (SLAPP) and the
Enforcement of this Act - Where a suit is brought
against a person who filed an action as providedin Sec. 52 of this Act, or against any person,
institution or government agency that
implements this Act, it shall be the duty of theinvestigating prosecutor or the Court, as thecase may be, to immediately make adetermination not exceeding thirty (30) days
whether said legal action has been filed toharass, vex, exert undue pressure or stifle such
legal recourses of the person complaining of or
enforcing the provisions of this Act. Upon
determination thereof, evidence warranting thesame, the Court shall dismiss the complaint andaward the attorney's fees and double damages.

* This provision shall also apply and benefit public
officers who are sued for acts committed intheir official capacity, there being no grave
abuse of authority, and done in the course ofenforcing this Act.

*Strategic Lawsuit Against Public Participation

* Two laws provide for Citizen
Suit: RA 8749, the Clean Air
Act and RA 9003, the ESWM
Law

* The 2010 Rules of Procedurefor Environmental Cases
also provide for remedies
against SLAPP.

** Section 53. Suits and Strategic Legal Action Against Public

Participation (SLAPP) and the Enforcement of this Act Where a suit is brought against a person who filed an action
as provided in Sec. 52 of this Act, or against any person,
institution or government agency that implements this Act,it shall be the duty of the investigating prosecutor or theCourt, as the case may be, to immediately make adetermination not exceeding thirty (30) days whether
said legal action has been filed to harass, vex, exert
undue pressure or stifle such legal recourses of theperson complaining of or enforcing the provisions of thisAct. Upon determination thereof, evidence warranting thesame, the Court shall dismiss the complaint and award theattorney's fees and double damages.

* This provision shall also apply and benefit public officers

who are sued for acts committed in their official capacity,
there being no grave abuse of authority, and done in thecourse of enforcing this Act.

* Rules of Procedure for Environmental Cases

Interpose as SLAPP
as Defense, in theAnswer*Court directs
plaintiff to file
opposition to provethat it is not SLAPP
within five days
from receipt ofnotice that Answer
has been filed

Within 15 days fromfiling of comment ordefault, set defenseof SLAPP for hearing

Resolved within 30
days from Summary
Hearing* Precautionary principle states that whenhuman activities may lead to threats of serious
and irreversible damage to the environmentthat is scientifically plausible but uncertain,
actions shall be taken to avoid or diminish thatthreat.

* Court applied Precautionary Principle as basis
for extending the indefinite ban on coal ashdumping.

*

*

*

*

*

CRITICAL POINTS TO CONSIDER• LAW IS SUPREME BUT MEANINGLESSWITHOUT IMPLEMENTATION AND
VIGILANT CITIZENRY• ACCESS TO INFORMATION, ANDJUSTICE, AND PUBLIC PARTICIPATIONPROVIDE FULCRUM FOR FOCUSEDCITIZEN ENGAGEMENT AND IN
EXACTING ACCOUNTABILITY• SCIENCE EXPERTS/DATA ARE
CRUCIAL. IF NIL, AVAIL OF
PRECAUTIONARY PRINCIPLE• REACH OUT TO AS MANY STATEAGENCIES –Ombudsman, CHR, DILG,OP• STRENGTHEN PARTNERSHIP AND
COLLABORATION WITH NETWORKS• MEDIA ADVOCACY IS ESSENTIAL• FEW BUT DETERMINED ADVOCATES
DO MAKE THE DIFFERENCE
ELAW Founder Prof. John Bonine sharing histhoughts on Access Rights with students and facultyof the University of Cebu, Philippines

THANKS SO MUCH – FORCARING!!!!