Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS,
First Regular Session

5603
HOUSE BILL NO.

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

According to Section 16, Article II of the 1987 Constitution, “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.” Further, Section 2, Article XII states that, “All lands of the
public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are
owned by the State.” This bill ensures that these provisions in the Constitution are effectively
enforced by the State by giving nature a legal entity. This bill ultimately ensures that the
recognition of intergenerational responsibility and intergenerational justice are fully articulated
into law.

According to the Department of Science and Technology, human activities have resulted
to observed increase in greenhouse gas emissions. The effects are felt gradually across the globe
but have become increasingly destructive. For instance, there have been extreme trends in daily
events such as temperature and rainfall in the Asia Pacific region. From the period of 1951 to
2010, there has been temperature anomalies observed indicating an increase of 0.648 degree
Celsius. Further, according to the Global Peace Index 2019, the Philippines is the most
susceptible country to climate hazards such as earthquakes, tsunami, floods, tropical cyclones
and drought.

Unless the State takes urgent action to protect its natural ecosystem, environmental
degradation will continue to threaten the well-being and safety of future generations. Nature
has borne the brunt of this systematic abuse for a long time, without any legal standing to contest
it Recently however, more and more countries, including several Latin American countries, are
recognizing that nature has certain inalienable and inherent rights in and of itself. By giving
legal entity to nature, this bill urges all individual or collective member of the State to promote
harmony with Nature in all areas of its relationship with other human communities and the rest
of nature in ecosystems.

In view of the foregoing, the immediate passage of this measure is earnestly sought,

Nipboda


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL no, 2803

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT TO PROMOTE THE RIGHTS OF NATURE IN THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. This Act shall be known as the “Rights of Nature Act.”

See. 2. Declaration of Policy. It is hereby declared the policy of the State to recognize
and protect natural ecosystems and processes, or distinct and identifiable portions thereof, as
legal entities possessing certain fundamental and inalienable rights. The State shall provide
simple, effective and expeditious mechanisms for the protection and enforcement of these
rights. Such rights shall be founded on the following:

a. Interconnectedness of all creation bound by a common living source and all
activities in the ecosystem—land, air, water, and sea live and function according to
their respective roles to create and sustain the web life shall at all times be respected.

b. Harmony. All human activities, within the framework of plurality and diversity,
should achieve a dynamic balance with the cycles and processes inherent in Nature.

¢. Collective good. The interests of society shall be fulfilled consistent with the rights
of Nature and shall involve all human activities.

d. Guarantee of the regeneration of Nature. The State, at its various levels, and society,
in harmony with the common interest, must ensure the necessary conditions in order


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1 that Nature may regenerate, recognizing that ecosystems are limited in their ability
2 to regenerate, and that humans are limited in their ability to undo their actions.
3 e. Multiculturalism. The exercise of the rights of Nature requires the recognition,
4 recovery, respect, protection, and dialogue of the diversity of feelings, values,
5 knowledge, skills, practices, skills, transcendence, transformation, science,
6 technology and standards, of all the cultures of the world who seek to live in
7 harmony with nature.
8 £ Co-existence of Human Rights and Rights of Nature. All rights guaranteed under
9 the Constitution and international human rights treaties and laws, shall be exercised
10 in harmony and consistent with the Rights of Nature.
rt g. Promotion of ecologically-sound innovation. The promotion of ecologically
n sound-innovation shall be in line with the rights of Nature and shall be actively
B pursued by the State.
4 See. 4. Definition of Terms. As used in this Act, the following terms are defined as
15 follows:
16 a. Nature refers to the physical world, which encompasses all the biotic and abiotic
7 components and their interactions. It also refers to the meanings in which different
18 groups attribute to the physical environment to make sense of the world.
19 b. Natural Ecosystems refer to the complex and dynamic communities of plants,
20 animals, microorganisms and other beings and their environment, both living and
2 non-living, where human communities and the rest of nature interact as a functional
2 unit under the influence of climatic, physiographic, and geological factors, as well
23 as production practices, Filipino cultural diversity, and the worldviews of nations
24 and indigenous peoples/indigenous cultural communities.
25 c. Ecological renewal and restoration refers to the process that will enable the
26 recovery of an ecosystem previously damaged by natural or anthropogenic causes.
7 d. Ecological debt refers to what a country incurs when their ecological footprint
28 exceeds their biocapacity. This means that the countries make use of resources of
29 other countries to fulfill their consumption needs.
30 See. 3. The Fundamental Rights of Nature. Natural ecosystems shall have the right to

31 exist; to the maintenance of the vital cycles, functions and processes that ensure their continued
32 sustainability and well-being; to the conditions necessary for their ecological renewal and
33 restoration; and to adequate and effective representation vis-a-vis the protection and


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enforcement of these rights. These rights shall be in addition to, and shall not impair or limit,
any other right or remedy available under existing law, administrative regulations or
jurisprudence. A violation of any existing environmental law or regulation shall be deemed a
prima facie violation of these rights.

The State likewise recognizes that there are limits on the ability of natural ecosystems
and processes to regenerate as well as on the ability of humanity to undo and reverse any
damage it has caused to the environment. Thus, all development that affects or modifies natural
‘ecosystems and processes must be sustainable, ensure the maintenance of critical ecosystem

services, and respect intra- and intergenerational equity.

See. 5. Legal Personality of Natural Ecosystems and Processes. The legal personality
of natural ecosystems and processes, including all of their living and non-living elements, as
well as any distinct and identifiable portions, aggregations or components thereof, shall be
recognized under law. In any action for the protection or enforcement of the rights recognized
herein, the natural ecosystem or process involved shall be considered the real party-in-interest.

See. 4. Obligations of the Government. The Government shall take all necessary actions
to protect and enforce the rights recognized by this law including, but not limited to, the
following:

a. Develop and implement policies and regulations for prevention, early warning,
protection, and precaution to prevent human activity from causing the extinction of
living populations, the alteration of the cycles and processes that ensure life, and
the destruction of livelihoods and cultural systems that are intertwined with natural
ecosystems and processes;

b. Promote balanced forms of production and patterns of consumption that, while
satisfying the needs of the Filipino people, safe-guard the regenerative capacity and
integrity of natural ecosystems and processes;

c. Protect natural ecosystems and processes from the exploitation of its components,
the commodification of living systems or the processes that support them, and the
structural causes and effects of global climate change;

d. Ensure long-term energy sovereignty, increased efficiency and the gradual
incorporation of clean and renewable alternative sources into the energy matrix;


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€. Demand international recognition of ecological debt through the financing and
transfer of clean technology compatible with the rights recognized in this Act;
£ Promote peace and the elimination of all weapons of mass destruction; and
g. Promote the recognition of the rights of natural ecosystems and processes in
multilateral, regional and bilateral international relations.

Sec. 5. Obligations of Juridical Persons. All juridical persons shall take all necessary
actions to protect and enforce the rights recognized by this law including, but not limited to,
the following:

a. Embed the Right of Nature policy in their by-laws and organizational processes upon
submission of their application for registration to the Securities and Exchange
Commission (SEC);

b. Undertake a regular reporting to the Department of Environment and Natural Resources
(DENR) of their impacts on specific ecosystem where they are conducting their
business operations;

c. Conduct environmental and human rights assessment prior to conducting their
operations or whenever there is major change in their operations such as merger or
closure of business, Provided, that, such assessment shall be a prerequisite for the
issuance of the Environmental Compliance Certificate (ECC) by the DENR.

Sec. 6. Representation and Standing. Any Philippine resident may file an action to
enforce the rights or obligations recognized under this Act. Upon the filing of any such action,
the Court shall issue an order which shall contain a brief description of the cause of action and
the reliefs prayed for, requiring all interested parties to manifest their interest to intervene in
the case within a reasonable amount of time from notice thereof.

See. 7. Reliefs. If warranted, the court shall issue a judgment in favor of the natural
process or ecosystem on whose behalf an action for the protection and enforcement of the rights
recognized herein was filed, which shall include measures for its protection, preservation,
ecological renewal and restoration, as well as the payment of attorney’s fees, costs of suit and
other litigation expenses. Monetary damages to be awarded shall be the amount necessary to
rectify or repair the damage done to natural ecosystems and processes by the defendant.

See. 9. Trust Fund, Any monetary award that may be awarded by any Court in defense
of the rights of Nature shall not accrue to the benefit of the representative but it will be


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deposited to a Trust Fund, Provided, however, that any expenses incurred by the representative
shall constitute a lien to the monetary award.

All monetary award shall be deposited in the Trust Fund under the administration of
the Conservation Committee provided for in this Act, which shall be used to implement the
measures for protection, preservation, ecological restoration, or renewal ordered by the court.

See. 10. Appointment of Conservation Committee. To administer the trust fund and
implement the measures necessary for protection, preservation, or ecological renewal and
Testoration of the natural ecosystem or process on whose behalf an action pursuant to this Act
was filed, the Court shall appoint a conservation committed from the stakeholders concerned.
The Court shall give preference to indigenous cultural communities from the same area,
people’s organization, non-governmental organization, or any public interest group accredited
by or registered with any government agency. Under no circumstances shall a person or entity
responsible for a violation of the rights recognized herein be appointed to a conservation
committee.

See. 11. Designation of Courts and Promulgation of Procedural Rules. The Supreme
Court shall designate the court or courts that will hear and resolve cases brought under this Act
and shall promulgate the rules of pleading, practice and procedure to govern the proceedings
brought under this Act.

Sec. 12. Strategic Lawsuits against Public Participation. A Strategic Lawsuit against
Public Participation (SLAPP) is any action filed to harass, vex or exert undue pressure against
any person or legal entity that has taken legal action or made a public communication of any
kind in connection with the enforcement or protection of the rights recognized herein or any
other environmental law or regulation. The defendant in a SLAPP may file a special motion to
dismiss at any point of the proceedings alleging that the case is a SLAPP. This special motion
to dismiss shall be resolved within thirty (30) days after it is heard. If the court dismisses the
SLAPP, it shall award damages, attorney’s fees and costs of suit. The dismissal shall be with
prejudice.

Sec. 13. Education. The Department of Education and the Commission on Higher
Education shall integrate into the curriculum of all levels the respect for and recognition of the
inherent and inalienable rights of natural ecosystems.


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See. 14. Implementing Rules and Regulations. The Secretary of Environment and
Natural Resources, in coordination with the Commission on Human Rights, the Department of
‘Social Welfare and Development, Department of Education, Commission on Higher Education
Department of Agriculture, Department of Agrarian Reform, National Commission on
Indigenous Peoples, Climate Change Commission, and associations or organizations
representing environmental advocates shall issue the Implementing Rules and Regulations
necessary for the effective implementation of this Act within ninety (90) days from the
effectivity thereof.

Sec. 15. Appropriations. The amount necessary for the initial implementation of the
provisions of this Act shall be charged against the current year’s appropriations of the
Department of Environment and Natural Resources.

Sec. 16. Penalties. Any person who violates any of the provisions of this Act or its
Implementing Rules and Regulations shall, upon conviction by final judgment, be punished by
imprisonment of not less than six (6) months nor more than two (2) years or a fine of not less
than Five Million pesos (PhPS,000,000), nor more than Ten Million pesos (PhP10,000,000),
or both, at the discretion of the court. If the violation is committed by a juridical person, the
officer responsible therefor shall serve the imprisonment when imposed. If violation is
committed by an alien, he or she shall be immediately deported after service of sentence,
without need of further proceedings.

See. 17. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

Sec. 18. Repealing Clause. Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act are hereby repealed, modified or amended accordingly

Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,