Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.   10488
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Introduced by Representative KHYMER ADAN T. OLASO
EXPLANATORY NOTH
The proposed "Rights of Nature Act"  is a landmark legislative measure designed to
fundamentally  alter  the  legal  status  of natural  ecosystems  in  the  Philippines.  By
recognizing nature as a legal entity with intrinsic rights, this bill aims to foster a more
sustainable and equitable relationship between humans and the environment. The bill
acknowledges the interconnectedness of all natural systems, emphasizing that human
activities  must  respect  the  inherent  roles  and  functions  of these  ecosystems.  This
holistic perspective is  crucial for sustainable  development, promoting practices that
maintain the balance and health of natural systems. Additionally, the bill mandates that
human activities ensure the conditions necessary for nature' s regeneration, recognizing
the  limited regenerative  capacities of ecosystems  and the  need for mindful human
actions.
By granting legal personality to natural  ecosystems, the bill empowers nature to be
represented in legal matters, ensuring that environmental rights are actively enforced
and safeguarded.  It allows any Philippine resident to file actions to protect nature's
rights,  democratizing  environmental  advocacy  and  enabling  broader  community
participation  in  environmental protection  efforts.  Furthermore,  the  bill  ensures  that
human rights and the rights of nature are exercised in harmony, promoting a balanced
approach to development where economic and social progress does not come at the
expense  of environmental health.  It also  encourages ecologically  sound innovation,
aligning with global sustainable development goals and supporting the development
and use of technologies and practices that promote environmental sustainability.
The  bill  respects  and  incorporates  diverse  cultural  perspectives  and  practices  that
contribute  to  harmonious  living  with  nature,  which  is  particularly  important  in  a
culturally diverse country like the Philippines. By aligning societal interests with the
rights of nature, the bill promotes the collective well-being of communities, ensuring
that environmental protection benefits all sectors of society. It outlines specific actions


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for  the   government  to  prevent  environmental   degradation,   promote   sustainable
production and consumption, and protect ecosystems from exploitation,  establishing
clear responsibilities and accountability mechanisms for public officials and agencies.
The bill also mandates that corporations incorporate environmental protection into their
operations and report their environmental impacts, ensuring that businesses contribute
to environmental sustainability and are held accountable for their ecological footprint.
Moreover, the bill includes provisions to protect individuals and organizations from
Strategic  Lawsuits  Against  Public  Participation  (SLAPP),  which  are  often  used  to
intimidate and silence environmental advocates. This encourages active participation
in environmental protection without fear of legal repercussions. By integrating respect
for nature' s rights into educational curricula, the bill fosters a culture of environmental
consciousness and responsibility among future generations. In summary, the "Rights of
Nature  Act"  is  a  progressive  and  transformative  piece  of legislation  that  seeks  to
enshrine the  inherent rights  of natural  ecosystems  into Philippine  law.  Its  adoption
would  not  only  strengthen  environmental  protection  but  also  promote  sustainable
development, ensure the well-being of communities, and enhance the legal framework
for environmental advocacy.
Thus, the passage of this bill is earnestly requested.
u
MER ADAN T. OLASO
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Republic of the Philippines
HOUSH OF REPRHSHNTATIVES
Quezon City
NINHTEENTH CONGRESS
Second Regular Session
HOUsEBILLNo.10486
Introduced by Representative KHYMER ADAN T. OLASO
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:
1                     Section I. Sfeorf rzt/e. This Act shall be known as the "Rz.gfe/s o/IVcz/#rc £4c/."
2                     See. 2. Dec/czrafz.o# a/Po/I.c)/. It is hereby declared the policy of the state to recognize
3       and protect natural ecosystems and processes, or distinct and identifiable portions thereof, as
4       legal entities possessing certain fundamental and inalienable rights.  The  State shall provide
5       simple,  effective  and  expeditious mechanisms  for the protection and enforcement of these
6       rights. Such rights shall be founded on the following:
7a.
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lob.
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12c.
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14d.
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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.
Harmony. All human activities, within the franework 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.
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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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.
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.
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.
14                    g.   Promotion of ecologically-sound innovation. The promotion of ecologically
15                           sound-innovation shall be in line with the rights of Nature and shall be actively
16                           pursued by the state.
17                    Sec. 3. De¢#z./z.o# a/ rer#2s.  As used in this Act, the following terms are defined as
18       follows :
19                     a.    IVcz/#re refers to the physical world, which encompasses all the biotic and abiotic
20                           components and their interactions. It also refers to the meanings in which different
21                           groups attribute to the physical environment to make sense of the world.
22                    b.   jvcr/#rcz/  Ecoj'ys/ems  refer  to  the  complex  and  dynamic  communities  of plants,
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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.
Eco/ogz.ccz/  re#ewcz/  cr7cc7  res/o7'a/I.o73  refers  to  the  process  that  will  enable  the
recovery of an ecosystem previously damaged by natural or anthropogenic causes.
30                    d.   EcoJogr.ccz/ deb/ 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.
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1                     See. 4..Z7Ie Fc£#c7cr"e#/cr/ jtz.gfets a/jvorctre. Natural ecosystems shall have the right to
2       exist; to the maintenance of the vital cycles, functions and processes that ensure their continued
3       sustainability  and well-being;  to the  conditions necessary  for their ecological  renewal  and
4      restoration;   and  to   adequate   and   effective   representation   vis-a-vis   the   protection   and
5       enforcement of these rights. These rights shall be in addition to, and shall not impair or limit,
6       any   other  right  or  remedy  available  under  existing   law,   administrative  regulations   or
7      jurisprudence. A violation of any existing environmental law or regulation shall be deemed a
8      prima facie violation of these rights.
9                    The state likewise recognizes that there are limits on the ability of natural ecosystems
10      and processes to regenerate as well  as on the ability of humanity to undo  and reverse  any
11      damage it has caused to the environment. Thus, all development that affects or modifies natural
12       ecosystems and processes must be sustainable, ensure the maintenance of critical ecosystem
13       services, and respect intra-and intergenerational equity.
14                    The rights protected in this Act shall  not be  interpreted to confer liabilities,  duties,
15       obligations, or responsibilities on the natural ecosystems and processes.
16                    See. 5. Legal personality of Natural Ecosystems and processes. The legzLl pe;rsoudity
17       of natural ecosystems and processes, including all of their living and non-living elements, as
18      well  as any distinct and identifiable portions, aggregations or components thereof,  shall be
19      recognized under law. In any action for the protection or enforcement of the rights recognized
2o      herein, the natural ecosystem or process involved shall be considered the real party-in-interest.
21                     See. 6. OZ)/z.gr/z.o#s a/f7!e Govcr#me#/. The Government shall take all necessary actions
22      to  protect  and enforce  the  rights  recognized by  this  law  including,  but not  limited to,  the
23       following:
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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;
29                    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;
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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;
e.   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 destmction; and
9.   Promote  the  recognition  of the  rights  of natural  ecosystems  and  processes  in
multilateral, regional and bilateral international relations.
Sec. 7. Ob/z.gcz/z.o#s a/Jwrz.c7z.ccr/ PeJ-so77s. All juridical persons shall take all necessary
12       actions to protect and enforce the rights recognized by this law including, but not limited to,
13       thefo]1owing:
14             a.   Embed the RIght of Nature policy in their by-laws and organizational processes upon
15                    submission  of  their  application  for  registration  to  the   Securities  and  Exchange
16                     Commission (SEC);
17             b.   Undertake a regular reporting to the Department of Environment and Natural Resources
18                    (DENR)  of their  impacts  on  specific  ecosystem  where  they  are  conducting  their
19                     business operations;
2o             c.    Conduct  environmental   and  human  rights   assessment  prior  to   conducting  their
21                    operations or whenever there is major change in their operations such as merger or
22                    closure  of business,  Prow.cJcd,  that,  such  assessment  shall  be  a prerequisite  for the
23                    issuance of the Environmental compliance certificate (ECC) by the DENR.
24                      See.  8.  I?eprese#/tzrz.o#  c}72d SZcz#c7z.7?g.  Any  Philippine  resident  may  file  an  action to
25       enforce the rights or obligations recognized under this Act. Upon the filing of any such action,
26      the court shall issue an order which shall contain a brief description of the cause of action and
27      the reliefs prayed for, requiring all interested parties to manifest their interest to intervene in
28      the case within a reasonable amount of time from notice thereof.
29                    See. 9. jte/I.e/s. If warranted, the court shall issue a judgment in favor of the natural
3o      process or ecosystem on whose behalf an action for the protection and enforcement of the rights
31       recognized herein was  filed,  which  shall  include  measures  for its protection,  preservation,
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1      ecological renewal and restoration, as well as the payment ofattomey's fees, costs of suit and
2       other litigation expenses. Monetary damages to be awarded shall be the amount necessary to
3      rectify or repair the damage done to natural ecosystems and processes by the defendant.
4                    Sec.10. rr"sf Fzt73d. Any monetary award that may be awarded by any court in defense
5      of the  rights  of Nature  shall  not  accrue to  the  benefit  of the  representative  but it will  be
6      deposited to a Trust Fund, Prow.ded, however, that any expenses incurred by the representative
7       shall constitute a lien to the monetary award.
8                    All monetary award shall be deposited in the Trust Fund under the administration of
9      the Conservation Committee provided for in this Act, which shall be used to implement the
10      measures for protection, preservation, ecological restoration, or renewal ordered by the court.
11                      Sec.11.  4zapoJ.#/me#/ a/ CoJ7s'crvcz/z.o#  Commz.//ee.  To  administer the  trust  fund  and
12       implement the  measures  necessary  for protection,  preservation,  or  ecological  renewal  and
13       restoration of the natural ecosystem or process on whose behalf an action pursuant to this Act
14      was filed, the court shall appoint a conservation committed from the stakeholders concerned.
15       The  Court  shall  give  preference  to  indigenous  cultural  communities  from  the  same  area,
16      people' s organization, non-governmental organization, or any public interest group accredited
17       by or registered with any government agency. Under no circumstances shall a person or entity
18      responsible  for a violation  of the  rights  recognized  herein be  appointed to  a  conservation
19       committee.
20                    See. L2.. Designation of courts and promulgation of procedural RIiles. The suprerme
21       Court shall designate the court or courts that will hear and resolve cases brought under this Act
22       and shall promulgate the rules of pleading, practice and procedure to govern the proceedings
23       brought underthis Act.
24                     See.13. Strategic Lawsuits against public participation. A S+Iz[tegjic LowsiNIit a.galunst
25       Public participation (SLAPP) is any action filed to harass, vex or exert undue pressure against
26      any person or legal entity that has taken legal action or made a public communication of any
27      kind in connection with the enforcement or protection of the rights recognized herein or any
28       other environmental law or regulation. The defendant in a sLAPp may file a special motion to
29       dismiss at any point of the proceedings alleging that the case is a SLAPP. This special motion
30      to dismiss shall be resolved within thirty (30) days after it is heard. If the court dismisses the
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1       SLAPP, it shall award dalnages, attomey's fees and costs of suit. The dismissal shall be with
2       prejudice.
3                     See.14.  Edz4ccrfz.o#.  The  Department  of Education  and  the  Commission  on  Higher
4      Education shall integrate into the curriculum of all levels the respect for and recognition of the
5       inherent and inalienable rights of natural ecosystems.
6                     See.  1S.  Implementing  Rules  and  Regulations.  The  Secrctary  o£ EINironmeul  zLnd
7      Natural Resources, in coordination with the commission on Human RIghts, the Department of
8       Social welfare and Development, Department of Education, Commission on Higher Education
9      Department  of  Agriculture,  Department  of  Agrarian  Reform,  National  Commission  on
1o       Indigenous   Peoples,   Climate   Change   Commission,   and   associations   or   organizations
11       representing  environmental  advocates  shall  issue the  Implementing  Rules  and Regulations
12      necessary  for  the  effective  implementation  of this  Act  within  ninety  (90)  days  from  the
13       effectivity thereof.
14                    See.16. 4apraprz.cz/z.o#s.  The amount necessary for the initial implementation of the
15       provisions  of this  Act  shall  be  charged  against  the  cuITent  year's  appropriations  of the
16      Department of Environment and Natural Resources.
17                     Sec.17. Pe#cz//z.es. Any person who violates any of the provisions of this Act or its
18      Implementing Rules and Regulations shall, upon conviction by finaljudgment, be punished by
19      imprisonment of not less than six (6) months nor more than two (2) years or a fine of not less
20       than Five Million pesos (Php5,000,000), nor more than Ten Million pesos (Php10,000,000),
21       or both, at the discretion of the court. If the violation is committed by ajuridical person, the
22      officer  responsible  therefor  shall  serve  the  imprisonment  when  imposed.  If violation  is
23       committed by  an alien,  he  or she  shall  be  immediately  deported after  service  of sentence,
24      without need offutther proceedings.
25                      Sec.  18.  Sapc}rabz./z.fy  C/czwse.     If  any  provision  or  part  hereof  is  held  invalid  or
26      unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
27       validandsubsisting.
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29                     Sec.19. Repecz/I.77g c/owse. Any law, presidential decree or issuance, executive order,
3o       letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
31      provisions of this Act are hereby repealed, modified or amended accordingly.
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2                     See. 20. Ejorec/I.vz.ty. -This Act shall take effect fifteen (15) days after its publication in
3       the oJj7}cz.cz/ Gaze/fe or in a newspaper ofgeneral circulation.
4                     Approved,
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