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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILLNO7165_

Introduced by Representative Arnan C. Panaligan

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

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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL NG165

Introduced by Representative Arnan C. Panaligan

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.”

Section 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.

c. 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 that
Nature may regenerate, recognizing that ecosystems are limited in their ability to
regenerate, and that humans are limited in their ability to undo their actions.


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e. Multiculturalism. The exercise of the rights of Nature requires the recognition,
recovery, respect, protection, and dialogue of the diversity of feelings, values,
knowledge, skills, practices, skills, transcendence, transformation, science, technology
and standards, of all the cultures of the world who seek to live in harmony with nature.

f. Co-existence of Human Rights and Rights of Nature. All rights guaranteed under the
Constitution and international human rights treaties and laws, shall be exercised in
harmony and consistent with the Rights of Nature. Nothing in this Act shall diminish
or prejudice the rights of peoples and communities whose livelihoods are based on
utilization of natural resources provided the same are conducted and pursued in
accordance with the objectives of this Act.

g. Promotion of ecologically-sound innovation. The promotion of ecologically sound-
innovation shall be in line with the rights of Nature and shall be actively pursued by
the State.

Section 3. Definition of Terms. As used in this Act, the following terms are defined as

follows:

a. Nature refers to the physical world, which encompasses all the biotic and abiotic
‘components and their interactions. It also refers to the meanings in which different
groups attribute to the physical environment to make sense of the world.

b. Natural Ecosystems refer to the complex and dynamic communities of plants, animals,
microorganisms and other beings and their environment, both living and non-living,
where human communities and the rest of nature interact as a functional unit under the
influence of climatic, physiographic, and geological factors, as well as production
practices, Filipino cultural diversity, and the worldviews of nations and indigenous
peoples/indigenous cultural communities.

c. Ecological renewal and restoration refer to the process that will enable the recovery
of an ecosystem previously damaged by natural or anthropogenic causes.

d. Ecological debt refers to what a country incurs when their ecological footprint exceeds
their biocapacity. This means that the countries make use of resources of other
countries to fulfill their consumption needs.

Section 4, The Fundamental Rights of Nature. Natural ecosystems shall have the right to
exist; to the maintenance of the vital cycles, functions and processes that ensure their continued
sustainability and well-being; to the conditions necessary for their ecological renewal and
restoration; and to adequate and effective representation vis-a-vis the protection and 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.


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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.

‘The rights protected in this Act shall not be interpreted to confer liabilities, duties,
obligations, or responsibilities on the natural ecosystems and processes.

Section 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.

Section 6. 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 pattems of consumption that, while
satisfying the needs of the Filipino people, safe-guard the regenerative capacity and
integrity of natural ecosystems and processes;

¢. 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;

¢. Demand international recognition of ecological debt through the financing and transfer
of clean technology compatible with the rights recognized in this Act;

f. 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.


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Section 7. 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.

Section 8. 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.

Section 9. 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.

Section 10. 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 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.

Section 11. Appointment of Conservation Committee. To administer the trust fund and
implement the measures necessary for protection, preservation, or ecological renewal and

restoration of the natural ecosystem or process on whose behalf an action pursuant to this Act was


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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.

Section 12. 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.

Section 13. 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.

Section 14. 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.

Section 15. 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.

Section 16. 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.

Section 17. 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


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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.

Section 18. 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.

Section 19. 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.

Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved