This new edition has a greater depth of coverage, a focus on recent Canadian legislation and policy issues, and a new case study feature in each chapter, reflecting the great deal of change in this area of law and policy in recent years. The text is specifically written for introductory courses, with clear explanations of legal terms and concepts for readers with no previous law background. The only text of its kind, An Introduction to Environmental Law and Policy in Canada offers a thorough overview of the subject, and is ideal for university and college courses in environmental studies, geography, urban studies and planning, political science, and policy studies programs.
It is written by a team of authors from Eastern and Western Canada, each with expertise in a particular area.
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For free instructor resources, please contact instructor support. Criminal Cases As in civil cases, there is an extensive use of pre-trial to clarify and simplify issues, etc. In order to remedy the numerous instances where the accused jumps bail prior to arraignment, the execution of an undertaking authorizing the judge to enter. Again, as in civil cases, the period to resolve is limited to one year. Special Civil Actions: Kalikasan and Continuing Mandamus As a general statement, the two writs fashioned by the Supreme Court as special civil actions, the Writ of Kalikasan and the Writ of Continuing Mandamus, proceeded from the expanded power of the Supreme Court under Article VIII of the Constitution to promulgate rules concerning the protection and enforcement of Constitutional rights, pleading, practice and procedure in all Courts x x x.
Writ of Kalikasan The petition for a Writ of Kalikasan is an extraordinary remedy because the damage or threatened damage is of such magnitude that is, it covers such a wide area as to prejudice the ecology in two or more cities or provinces. This petition fills in the gaps in the law which enable violators to escape liability by using unclear or grey areas in jurisdiction, venue, etc. This petition, moreover, bridges the gap between allegation and proof by compelling the production of information regarding the environmental complaint, such as information related to the issuance of a government permit or license, or information contained in the ECC or in government records.
A decision on this petition, furthermore, may or may not also provide for the other new environmental writ, the Writ of Continuing Mandamus. Writ of Continuing Mandamus On the other hand, a petition for the issuance of a Writ of Continuing Mandamus is directed primarily at a government agency with respect to the performance of a legal duty, as in the duty of MMDA to clean up Manila Bay and continuously report to the Court the steps it is taking in that direction MMDA v.
The formulation of this remedy was influenced by two decisions of the Supreme Court of India, the first on the duty of concerned government agencies to report to the Court on the progress of compliance, and the other, on the spillage of untreated leather effluents into the Ganges River. As an aside, when this case was being discussed in the Court, there was a big debate among us on whether it is right at all for the Supreme Court to get involved in the compliance aspect of its decisions on orders. The issuance of the TEPO underscores the sense of immediacy and is used for immediate relief.
Furthermore, just as a TRO or preliminary injunction can later on be converted to a permanent injunction, a TEPO may also be converted, upon termination of the proceedings, to a Permanent Environmental Protection Order. In the same way that disputes involved in ordinary civil proceedings can be amicably settled, the Rules of Procedure for Environmental Cases provide a similar remedy. It is called a consent decree.
When parties to an environmental controversy come to an amicable settlement regarding their dispute, they can agree on a consent decree which is judicially approved and enforceable. The settlement may provide for reimbursement for the cost of cleanup or an undertaking of response activities by potentially responsible parties or some other acceptable relief. The advantages of having an amicable settlement, evidenced by a consent decree, are the following: being voluntary, they are mutually acceptable and thus, the possibility of faithful compliance is higher; furthermore, the settlement is open to public scrutiny and can be enforced by court order.
SLAPP stands for Strategic Lawsuit Against Public Participation and is a strategy to thwart or slap down past or anticipated opposition to an action with possible environmental implications. It can be viewed as a harassment suit and is calculated to stifle opposition to a proposed course of action affecting the environment. It draws attention away from the real environmental issues and delays the resolution of an otherwise valid environmental complaint. A SLAPP is violative of the constitutional right of the people to seek redress for their environmental grievances.
The problems that environmental justice seeks to address are borderless and imminent. While those problems immediately affect the underprivileged, they are not exclusive to socioeconomically disadvantaged and. To put it rather bluntly, we are all in the same sinking boat; it is just that the poor and marginalized are the closest to the hole. Since environmental problems are problems that we all share in common, we must work together in a collective and concerted fashion.
Environmental justice is an aspect of justice in its general sense. Justice in its general conception requires that one should not commit acts that injure another and that one should give everyone ones due. Sic utere tuo ut alienum non laedas. Use your property so as not to injure another is a basic principle of Roman law that has acquired relevance to international legal protection of the environment. We are stewards and trustees for the present and the future generations. This is the essence of the public trust doctrine, that the State is a trustee of common resources and preserves its common use for the public.
This imposes upon the State the responsibility to protect what is considered as a public right. That is what each and every one of us, as well as each and every one of our children and of our childrens children, deserves. That is the commitment of the Supreme Court to you. Thank you and a pleasant good afternoon to all. Tolentino, supra note 21, at citing Blacks Law Dictionary 8th ed. Indeed, beyond the procedures and the technical jargon of the Rules of Procedure for Environmental Cases lies the social component of Environmental Justice.
It is apparent in our country that the effects of environmental violations have been mostly felt by those in the marginalized sectors. These people suffer a gradual decline in health and in their quality of living because of pollution and environmental damage. In the end, the adverse effects of environmental violations are silent killers whose victims are those who do not have the means to protect themselves. The Rules of Procedure for Environmental Cases is a way for the victims to empower themselves by availing of the remedies afforded by law.
There is a dire need to address the environmental problems in our country in order to prevent the harsh effects of environmental damage, most notably water and air pollution, deforestation, and loss of terrestrial and marine biodiversity. Perhaps the most dangerous of all these effects is the imminent threat of climate change and global warming because the country is significantly at risk, where about half of the total area and more than 80 percent of the population are vulnerable to natural disasters. Marshall L. Unfortunately, when flash floods, typhoons, and changing weather patterns occur, the marginalized sectors are especially affected and are the hardest hit.
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This chapter intends to give a broad introduction on the environmental problems in the Philippines, highlighting the areas where major problems exist and providing a brief overview of their adverse impact on the country. This chapter also tackles the constitutional framework and other environmental laws in the country, as well as supplemental laws often used to file civil actions and claim damages for environmental violations.
It is important to explore these laws and present their legal framework, not just to provide a basic legal understanding of our laws concerning the environment, but to also emphasize the fact that access to Environmental Justice is possible in our country. Philippine Environmental Landscape The Philippines is blessed with one of the worlds richest natural resources.
In fact, it belongs to an elite list as one of the 17 megadiversity countries. It is replete with mountains and extensive coastal areas.jivinehohoge.ga/4891-localizar-un.php
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This is followed by Mindanao with , square kilometers land area, then Visayas with 56, square kilometers land area. Manila, which is located in the island of Luzon, is the capital city. Antonio G.
Furthermore, more than half of the 1, terrestrial wildlife in the Philippines are endemic or can only be found in the country. Present Environmental Problems The Philippine environment is presently in crisis. The countrys rich landscape is experiencing a drastic decline on account of human activities. Most of the countrys forest cover is already depleted and about 23 percent of the endemic species are threatened with extinction. Effluent20 from both commercial and domestic activities led to increasing levels of water pollution and frequent bouts of water scarcity.
Human migration resulted in the conversion of forest lands to residential and industrial areas, and the demand for transportation services and the increase in the number of factories and industrial plants have all contributed to the worsening air pollution. Recent tragedies brought about by natural disasters merely highlight the countrys need to enhance its efforts to protect and rehabilitate the environment.
These concerns must be brought to the forefront of the countrys concerns before the effects of human activities on the environment become irreversible. The following are the most serious environmental problems which the country is presently experiencing. It is worth noting that the problems encompass all kinds of natural resources. Environmental Problems in Philippine Waters The primary environmental problem in our countrys waters is water pollution.
The current state La Via, Rethinking Institutions, supra note 7, at 4. Agustin L. Ong, Biodiversity Crisis, supra note 14, at Effluent is defined as the discharge from known sources which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities Source: Philippine Clean Water Act of 2[m].
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The increasing number of pollutants in the bodies of water has led to the destruction of the countrys groundwater, lakes, rivers, and other coastal areas. In monetary terms, the adverse impact of water pollution costs the economy an estimated P67 billion annually. Before the s, the Pasig River was rich in marine life and sustained the community living along its banks.
In , it was declared biologically dead. The Laguna Lake is another example, reaching a crisis point because of agricultural, industrial, and even domestic effluents. Menchit R. Water Pollution, supra note The dumping of wastes and other hazardous materials contaminated the local fishing areas and severely affected the health of the people living in the surrounding area.
The agricultural chemicals, chemical fertilizers and effluent from mining operations all contaminate the bodies of water surrounding the areas. After passing through the Guimaras Strait, the tanker encountered very rough seas and started tilting from 15 to 25 degrees to the starboard side. The tanker eventually sank. On August 13, , an undetermined large quantity of oil slick was found in the Guimaras Strait. Water pollution, however, does not only occur in our internal waters. Our oceans and marine resources are at great risk because of water pollution in the form of oil spills or discharges from shipping vessels.
Because of its strategic location, Philippine waters have become favorite passageways for ships moving between the Pacific and Indian Oceans. Even ships passing through the South China Sea contribute to the pollution of Philippine waters. One infamous example of water pollution in the countrys waters is the Guimaras Oil Spill which occurred on August 11, at the Guimaras Strait in Visayas. The Guimaras Oil Spill is considered to be the worst oil spill in the history of the Philippines. Environmental Problems, supra note Guimaras oil spill felt after 3 years, PHIL.
Despite being composed mostly of water, the Philippines is experiencing episodes of water scarcity and depletion. As a result, the available freshwater is insufficient to meet the demands of the increasing population. Both the over extraction of available ground water and the pollution of potential freshwater sources contribute to a decrease in the available amount of freshwater in the country. Research shows that if nothing is done to remedy both the population pressure and pollution of freshwater sources, the Philippines could experience a water crisis in less than 20 years and the amount of freshwater available per person by will decrease by 65 percent of the current per capita availability.
In particular, there is poor planning, fragmented water management, and weak enforcement of environmental laws. Environmental Problems in Forest Lands Deforestation in the Philippines has reached alarming new heights. The countrys forest cover has dropped from , square kilometers at the end of to only about 8, square kilometers in Guimaras Oil Spill. The deforestation problem is another issue that urgently needs to be addressed.
Inconsistent laws, inadequate regulations, weak enforcement, and lack of adequate funding play significant roles in the rapid decline of the countrys forest lands. One of the most deforested areas in the Philippines is the Calabarzon Region, which is composed of five provinces, namely Cavite, Laguna, Batangas, Rizal, and Quezon Provinces. It has one of the most varied landscapes in the country, consisting of flat coastal areas and upland interior areas of plains, rolling hills, and mountains.
It is home to endemic animals such as the tamaraw, Visayan spotted dear, Visayan warty pig, and more. Environmental Problem of Loss of Biodiversity Loss of biodiversity is a prevailing problem in the country. It does not only occur in terrestrial areas but also in our coastal waters. The deforestation problem of our forest lands contributes to the loss of biodiversity in our land.
The reason for this is that. Natural Resources Degradation, supra note The loss or alteration of their critical habitats gravely affects the resident species chance for survival. They are not only driven out of their habitat but are also deprived of their food source. The scarcity of their food supply eventually leads to their extinction. Furthermore, loss of habitat threatens to destroy the ecological balance of whole communities and ecosystems. One example of the alarming effect of such loss of habitat is the critically endangered Philippine Eagle, the king of eagles that once proudly soared in the skies.
Another area which is of grave concern is the loss of biodiversity in our coastal and marine waters and inland water resources such as lakes, rivers, and reservoirs. Similar to the cause of water pollution, effluents from agricultural, industrial, and domestic areas all contribute to the deterioration and pollution of our inland water sources. As a result, water quality in these water resources have deteriorated, causing habitat loss and degradation.
Environmental Problems in Aerial Territory Air pollution is a serious and pressing problem in the Philippines. Reports have shown that every year, around 5, premature deaths which occur in the Philippines are caused by respiratory diseases such as acute bronchitis, pneumonia, lung cancer, cardiovascular disease, and more.
It is considered to be one of the largest and most powerful eagles in the world. Unfortunately, it is also one of the worlds rarest and critically endangered species. The eagle is known to be geographically restricted to the islands of Luzon, Samar, Leyte and Mindanao. Studies have shown that deforestation is the major reason for the rapid decline in numbers of the Philippine Eagle today. When their habitat disappeared due to illegal logging and rampant deforestation, so did the eagles. Air pollution is caused by two types of sources: outdoor and indoor pollution.
Outdoor air pollution is large-scale pollution that occurs outside of peoples homes and involves external pollutants, such as industrial and vehicle emissions. Indoor air pollution, on the other hand, involves proximity to indoor air pollutants such as cigarette smoking and cooking with solid fuels. The increasing number of people migrating from rural areas to urban areas has significantly increased the demand for services and transport, resulting in a negative impact on the air quality in the cities and other urban areas.
Environmental Problems in the Mining Sector Mining is a major industry in the Philippines and is believed to play a vital part in determining the success of the countrys economy. Besides generating employment, which amounted to more than , jobs at the start of ,61 the taxes on mining companies are major sources of revenue for the local government in the area. Arcenas, supra note Tetra Tech EM, Inc. This form of mining creates huge amounts of toxic wastes. Large-scale gold mining also results in huge amounts of toxic wastes as cyanide is used to separate the gold from the ore thereby releasing potential harmful toxic metals.
The mine tailings of the mining site, consisting of more than million metric tons of waste, caused widespread flooding and damage to farmlands and property. The Boac River, where the mine tailings escaped to, was subsequently declared dead. Oftentimes, mining is conducted within the ancestral domain of Indigenous Peoples. Mining in the Philippines, supra note 65, at 1. Indigenous Peoples Rights Act of , 46 a.
Tapian Ore to extract copper deposits. After its reserves were depleted in , Marcopper transferred its operations to the San Antonio copper orebody. It was later on agreed that the mine tailings of the San Antonio operations would be dumped at the Mt. Tapian open pit. There was no environmental risk assessment carried out in the use of the pit to hold the mine tailings. The discharge into the rivers ranges from cubic meters per second during the first days after the initial discharge.
Eventually, the flow of mine tailings from the drainage tunnel was reduced without intervention and as a result of undetermined cause. In late April , the flow rate was estimated to be not less than 0. Regulatory Board. There may be difficulty in the regulation and monitoring of the damaging effects of these activities because the problems are not easily addressed by the DENR.
Environmental Law Environmental Law as a field of law is slowly gaining recognition on account of the realization that there is an urgent need to regulate human activities because of their impact on the environment. Environmental Law is generally defined as the body of law which contains elements to control human impact on the earth.
Craig, et al. IN THE. Garner, Ed. In fact, the Preamble of the Constitution itself already lays down the foundation for the environmental provisions in the Constitution. The Preamble reads as: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Our fundamental right to a healthy environmental, however, is primarily embodied in Section 16, Article II of the Constitution which states, [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.
Other constitutional provisions also serve as basis for several environmental laws. Section 15, Article II of the Constitution states that, [t]he State shall protect and promote the right to health of the people and instill health consciousness among them. Sections 2,83 79 80 81 82 II, XII, 2. This section provides: SEC. 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.
With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60 per centum of whose capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twentyfive years, and under such terms and conditions as may provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waterpower, beneficial use may be the measure and limit of the grant. The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons. Even prior to the Constitution, Presidential Decree No. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country.
In such agreements, the State shall promote the development and use of local scientific and technical resources. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty 30 days from its execution. XII, 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks.
Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands.
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Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twentyfive years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. XII, 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law.
The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas. XII, 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.
Presidential Decree No. Aiming to launch a comprehensive program of environmental protection and management, the law covered the following areas of concern: air quality management, water management, land use management, natural resources management and conservation and waste management. At present, Philippine Environmental Law seeks to address a wide array of environmental concerns ranging from forest degradation, loss of biodiversity, water pollution, air pollution, and hazardous waste management among others.
The following laws, which are enumerated in the Rules of Procedure for Environmental Cases,89 are classified into four groups: 1 terrestrial; 2 marine and aquatic resources; 3 aerial; and 4 others. Terrestrial laws refer to the protection and preservation of forests and biodiversity. Marine and aquatic resources laws pertain to the protection of the waters and preservation of marine life.
Aerial laws deal with preventing air pollution, while other laws refer to those that involve hazardous wastes and other environmental concerns. Terrestrial Laws. Act No. This law criminalizes the act of cutting down these types of trees. This law regulates the management, development, and utilization of forest lands. It establishes the boundaries of forest lands and lays down the guidelines for licenses and permits for the occupation and utilization of forest lands and operation of wood or forest processing plant. It also introduces the concept of reforestation in order to preserve the countrys forest lands.
It therefore serves as a preventive measure against the introduction or incursion of plant pests into our country that may result in the destruction of the countrys agricultural crops. Its primary objective is to preserve the cool, fresh, and healthful climate of public spaces and to ensure that the plants in these areas are not cut down, injured, or destroyed. It recognizes the need to lay down guidelines for a systematic and orderly implementation of small-scale mining activities and utilization of mineral resources such as: the recognition of easement and ownership rights, the formation of regulatory boards, and the protection of land areas.
The areas. Revising Presidential Decree No. These protected areas are classified as strict nature reserve, natural park, natural monument, wildlife sanctuary, protected landscapes and seascapes, resource reserve, natural biotic areas, and other categories that may be established under international agreements. As of this time, there are 12 republic acts involving the creation of protected areas in the country. These are: a. Kitanglad Range Protected Area Act of ; b. Kanla-on Natural Park Act of ; f. Apo Protected Area Act of ;. Hamiguitan Range Wildlife Sanctuary Act of ; h.
Malindang Range Natural Park Act of ; i. The Tubbataha Reefs Natural Park Act of was promulgated to ensure the protection and conservation of the globally significant value of the Tubbataha Reefs in Palawan. This is achieved by implementing a no-take policy in the area and ensuring sustainable and participatory management. In addition, widespread awareness of the preservation and conservation efforts of the Tubbatahan Reefs is promoted by the law. In recognition of Palawans unique landscape and richness of its natural resources, it has become the policy of the State to specifically protect, preserve, and develop its natural resources.
The SEP provides a comprehensive framework for the sustainable development of Palawan. Its primary objective is to regulate the exploration, development, utilization, and conservation of all mineral resources in both public and private lands. It lays down safeguards and regulations in order to ensure the preservation of the environment and the protection of the rights of affected communities where mining activities are present. It aims to strengthen cooperation and exchange of information between governmental authorities and people who utilize caves and cave resources for scientific, educational, recreational, tourism, and other purposes.
It also lays down the framework for the regulation of the collection and trade of wildlife and the initiation or support of scientific studies involving the conservation of biological resources. It therefore strengthens the Philippines commitment to the protection of the countrys wildlife and their habitats. Marine and Aquatic Resources Laws. The law prevents the further destruction of the marine environment by penalizing certain acts that cause marine pollution, such as dumping and discharging to rivers, brooks, and springs.
It establishes the framework for the appropriation, utilization, control, and conservation of water resources in the country in recognition of the increasing scarcity of water supply and resources. The law therefore seeks to provide proper management of the countrys water resources to sufficiently meet future developments and needs. This law enumerates the powers and functions of such governing body in recognition of the need to properly manage the growth and development of the surrounding cities, provinces, and towns in the Laguna Lake area.
It aims to achieve food security by limiting access to the fishery and aquatic resources of the Philippines, managing and developing the fishing areas in the country, supporting the fishery sector, and protecting the rights of fisherfolk. It strictly penalizes specific acts to ensure that environmental damage to fishing and aquatic areas are minimized, if not, eliminated.
It also formulates an integrated water quality management framework for the utilization and development of the countrys water supply and for the prevention of water pollution. Providing for the Revision of Presidential Decree No. This law recognizes the need to protect the countrys marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone. It adopts internationally accepted measures which impose strict liability for oil pollution damage and provides for a system of accessing an international fund which was established to compensate those who suffer damage caused by a tanker spill of cargo oil.
Aerial Law. In recognition of the dangers of air pollution and the need for a clean habitat and environment, the law provides for an integrated air quality improvement framework designed to implement a management and control program to reduce emissions and prevent air pollution. It also provides for an air quality control action plan that shall be implemented to enforce appropriate devices, methods, systems, and measures to ensure air quality control.
Other Laws. The law provides guidelines for sanitary. The Department of Health DOH is tasked to regulate the proper sanitation conditions and monitor the covered premises for violations of sanitary conditions as provided for in this law. It also prohibits the entry of hazardous materials and nuclear wastes into the country. This is to ensure the protection of public health and the environment. The law sets guidelines and targets for solid waste avoidance and volume reduction and aims to ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste.
It declares as a policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other developmental tools and techniques by all agencies and instrumentalities of the government. Provisions in Other Laws Some laws contain provisions which are within the ambit of Environmental Law. Similar to the other laws previously cited, the applicable provisions of the following laws are also governed by the Rules of Procedure for Environmental Cases Commonwealth Act No.
Supplemental Laws Apart from the general environmental laws, the Civil Code provisions on the abuse of rights, abatement of nuisance, easements and torts may also be used as a supplement to the general environmental laws in claiming damages. Chapter Two on Human Relations The Civil Code provisions on human relations seek to protect the rights and dignity of every person.
It lays down the general basis for recovery of damages when there is bad faith or malice or if injury is inflicted upon a party, whether intentional or not, in ordinary contractual relationships between persons. In the absence of specific environmental laws to support ones claims for damages, the provisions on human relations can act as a supplement and serve as a legal basis. This covers Articles 19 to 28 of the Civil Code of the Philippines. Abatement of Nuisance Nuisance is defined as an unreasonable activity or condition on the defendants land which substantially or unreasonably interferes with the plaintiffs use and enjoyment of his property.
Accordingly, plaintiffs may recover damages for injury caused by noise, dust, hazardous particles released by incinerators or oil refineries or those arising from groundwater contamination. Private nuisance stems from interference on an individuals rights. Public nuisance stems from violations of public rights and causes pervasive and widespread harm. Easements Easement is defined as an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.
They can be acquired only by title and by prescription. The general provisions on easements are found in Articles to Provisions on easements relating to waters are from Articles to Provisions on easement of right of way are from Articles to Provisions on easement of light and view are from Articles to Provisions on drainage of buildings are from Articles to Lastly, provisions on intermediate distances and works for certain constructions and plantings are from Articles to There is negligence when a persons conduct lacks the diligence required by the nature of the obligation.
Cid v. Javier, et al. L, June 30, , Phil.
To better understand the concepts of the Right to the Environment and Environmental Justice, this chapter provides a general discussion on the basic principles on the Right to the Environment that underline the Rules of Procedure for Environmental Cases. A discussion of these principles is important for a better understanding of what Environmental Law and Environmental Justice are. It also provides an insight as to the very foundation of some of the concepts found in the Rules of Procedure for Environmental Cases.
In addition to the discussion of these principles, this chapter also explores the concept of a Rights-based Approach and the development of Environmental Justice in the Philippines. Sovereignty Over Natural Resources and the Obligation Not to Cause Harm Since the s, state sovereignty over natural resources is always read with the obligation not to cause harm. The sovereign right over natural resources includes the right of the states to be free from external interference.
Principle 21 provides that the Oposa, SCRA at SANDS, at Principle of Prevention The Principle of Prevention aims to stop environmental damage even before it occurs or when it is critical and potential damage may already be irreversible. The Obligation Not to Cause Harm deals with the effects of a states activities outside its own territory without regard to activities that cause environmental harm within the state.
The Principle of Prevention encompasses environmental harm within a states own territory. For instance, the discharge of toxic substances in amounts which exceed the capacity that the environment can handle must be halted in order to ensure that no irreversible damage is inflicted. This is done to prevent irreversible harm for it is better to stop the pollution rather than commence efforts to clean the contaminated areas later in the day. This principle has been expanded by a relatively new principle the Precautionary Principle.
Soto, supra note , at Leatch v. The endangered fauna may be categorized under threatened or vulnerable and rare. Since the Director-General of the National Parks and Wildlife Service was appointed as the authority for the care and protection of fauna, the Director-General is the only person authorized to issue licenses to take or kill endangered fauna. The Director-Generals decision will take into consideration the fauna impact statement, submissions received, factors under Section 92 A 5 and 6 , and the reasons under Section 92 A 3 d.
The Shoalhaven City Council applied for a license to take or kill endangered fauna, but this was not granted by the Director-General. Issue: Whether the Shoalhaven City Council should be granted the license to take or kill endangered fauna. Ruling: In applying the Precautionary Principle, the Court said that the Precautionary Principle is not an extraneous matter.
While there is no express provision requiring consideration of the Precautionary Principle, consideration of the state of knowledge or uncertainty regarding a species, the potential for serious or irreversible harm to an endangered fauna and the adoption of a cautious approach in protection of endangered fauna is clearly consistent with the subject matter, scope and purpose of the Act.
Principle 15 of the Rio Declaration, commonly known as the Precautionary Principle states: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
This principle advocates that the potential harm should be addressed even with minimal predictability at hand. Decision makers are not only mandated to account for scientific uncertainty but can also take positive action, e. The Supreme Courts adoption of the Precautionary Principle in the newly promulgated Rules of Procedure for Environmental Cases affords plaintiffs a better chance of proving their cases where the risks of environmental harm are not easy to prove.
RULES Lesley K. Sustainable Development. Sustainable Development is the process of developing land, cities, businesses, communities, and so forth that meets the needs of the present without compromising the ability of future generations to meet their own needs. First, is the existence of needs with particular focus to the needs of the poor.
Second, is that the environment has limitations in meeting the needs of present and future generations. The concept of sustainable development seeks to achieve exploitation of resources while leaving the environment intact for the use of future generations. Intergenerational Equity The concept of Intergenerational Equity supports the Principle of Sustainable Development with respect to holding the natural resources in trust for future generations.
Inter-generational Equity is defined as each generations responsibility to leave an inheritance of wealth no less than what they themselves have inherited. Factoran, the Supreme Court had the occasion to discuss the concept of Intergenerational Responsibility. The case was instituted by minors along with their parents alleging that then Secretary of Natural Resources Fulgencio Factoran acted with grave abuse of discretion in issuing Timber License Agreements TLAs to cover more areas.
Respondents alleged that the minors,. Soto, supra note , at citing E. INTL L.
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Oposa, SCRA On the issue of petitioners standing, the Honorable Court held that the minors were entitled to sue on the basis of Inter-generational Responsibility. The Supreme Court through Justice Davide explained: This case, however, has a special and novel element. Petitioners minors assert that they represent their generation as well as generations yet unborn. We find no difficulty in ruling that they can, for themselves, for others of their generation and for the succeeding generations, file a class suit.
Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a right, as hereinafter expounded, considers the rhythm and harmony of nature.
Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the countrys forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations.
Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, the minors assertion of their right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.
Rights-based Approach Environmental Justice stems from a growing recognition that the Right to the Environment is a fundamental human right which ought to be protected. The Rights-based Approach in Environmental Justice is reflected in various international instruments. The Universal Declaration of Human Rights provides for the right to a standard of living adequate for health and well-being.
Later on, the Stockholm Declaration, which is the primary document in International Environmental Law, would state in clear and express terms the Right to the Environment. Principle 1 of the Stockholm Declaration states: Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.
In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated. Subsequently, the Rio Declaration contained 27 principles with a goal of ensuring the protection of the environment and promoting Sustainable Development. Between and , she was associate vice chancellor for academic affairs and associate dean of the faculties at IUPUI, providing leadership for faculty hiring and advancement functions such as promotion and tenure, awards, and faculty development.
Her work in organizational development included administrative development and physical spaces for learning. Permissions Request permission to reuse content from this site. Table of contents Dedication. About the Author. Part I: An Overview of Peer review. Developing a rationale and Understanding of Peer Review.
Setting Up a System for Peer review. Part II: Resources and Forms. Peer Review of Course materials.