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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL No, _133

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

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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.

ARNAN C. PANALIGAN,


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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO._133

Introduced by Representative Arnan C. Panaligan

AN ACT TO PROMOTE THE RIGHTS OF NATURE IN THE
PHILIPPINES

Be it enacted by the Senate and 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.


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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.

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


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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.

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,


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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 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;

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 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


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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 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.


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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 Five Million pesos (PhP5,000,000), 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 hercof 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,

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