Environmental Rights in the Philippines is premise along the constitutional guarantee that… “…(t)he 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.” (Article 2 Section 16).
Supreme Court jurisprudence in the milestone case of Oposa vs Alcala sets that in the pursuit of inter-generational equity, young people and generations not yet born have the right to also enjoy this constitutional guarantee.
Supreme Court jurisprudence in the milestone case of Oposa vs Alcala sets that in the pursuit of inter-generational equity, young people and generations not yet born have the right to also enjoy this constitutional guarantee.
Since then, the courts have improve its systems and mechanisms to make it more responsive to environmental rights-related cases such as relaxing the rules of evidence in favor of the plaintiff in court proceedings applying the precautionary principles on impacts of actions against the environment. It has also created and constantly building the capacity of environmental or green courts to respond to environmental cases more effectively. Furthermore, it has instituted a Writ of Kalikasan instrument acting as a temporary restraining order by the courts on actions by private individuals that negatively affects the environment. For public employees and officials, the Ombudsman have designated an environment Ombuds focused currently on pursuing cases against LGUs against non-compliance or direct violations of salient provisions of R.A. 9003 or the National Ecological Solid Waste Management Law.
And finally in 2008, the Supreme Court issued for the Manila Bay Coastal Region a continuing Mandamus for its rehabilitation currently affecting some 14 government line agencies and soon all involved LGUs. This continuing mandamus takes the power of the judiciary one step unto the role of the executive by compelling executive agencies of government to implement relevant environmental laws.
The Manila Bay Coastal Regions covers regions 3, NCR and Region 4 and the following 8 provinces (Nueva Ecija, Tarlac, Pampanga, Bataan, Bulacan, Rizal, Cavite, and Laguna). Collectively, these area represent 29.4 M population or almost 30% of national population.
After eight (8) years; in 2016, an assessment was done on the implementation of the Supreme Court Mandamus on Manila Bay Rehabilitation. Unfortunately, due to the complex nature of the problem confronting Manila Bay pollution and ecosystem degradation, as of now there has not been any substantive changes in the current water levels of Manila Bay. However; a clearer understanding of the root causes of Manila Bay deterioration has been agreed upon and the updated OPMCS (Operations Plan for the Manila Bay Coastal Strategy). The problem and solution analysis form the 2016 assessment of the OPBMCS points to the following key actions that will deliver the necessary results towards the goal of the Manila Bay SC Mandamus: a) Reduction of solid waste from entering into Manila Bay waterways, b) Compliance to Manila Bay liquid waste effluence and/or ambient standards, c) Permanently remove illegal structures and relocation of ISFs to improve flow of waterways, and d) Reduction of erosion from habitat degradation. Therefore, any civil society and citizens actions to pursue their environmental rights on the rehabilitation of the Manila Bay coastal region might be more effective is properly focused on these four (4) key areas. The campaign is designed specifically to mobilize support towards these key actions.
And finally in 2008, the Supreme Court issued for the Manila Bay Coastal Region a continuing Mandamus for its rehabilitation currently affecting some 14 government line agencies and soon all involved LGUs. This continuing mandamus takes the power of the judiciary one step unto the role of the executive by compelling executive agencies of government to implement relevant environmental laws.
The Manila Bay Coastal Regions covers regions 3, NCR and Region 4 and the following 8 provinces (Nueva Ecija, Tarlac, Pampanga, Bataan, Bulacan, Rizal, Cavite, and Laguna). Collectively, these area represent 29.4 M population or almost 30% of national population.
After eight (8) years; in 2016, an assessment was done on the implementation of the Supreme Court Mandamus on Manila Bay Rehabilitation. Unfortunately, due to the complex nature of the problem confronting Manila Bay pollution and ecosystem degradation, as of now there has not been any substantive changes in the current water levels of Manila Bay. However; a clearer understanding of the root causes of Manila Bay deterioration has been agreed upon and the updated OPMCS (Operations Plan for the Manila Bay Coastal Strategy). The problem and solution analysis form the 2016 assessment of the OPBMCS points to the following key actions that will deliver the necessary results towards the goal of the Manila Bay SC Mandamus: a) Reduction of solid waste from entering into Manila Bay waterways, b) Compliance to Manila Bay liquid waste effluence and/or ambient standards, c) Permanently remove illegal structures and relocation of ISFs to improve flow of waterways, and d) Reduction of erosion from habitat degradation. Therefore, any civil society and citizens actions to pursue their environmental rights on the rehabilitation of the Manila Bay coastal region might be more effective is properly focused on these four (4) key areas. The campaign is designed specifically to mobilize support towards these key actions.