1

Environmental Law: Chapter 3 and 4

To: Atty. M. Mikhail Lee L. Maxino, Envi. Law Professor
From: Nubbin Paul C. Lagumbay, JD-III

Earth, give me back your pure gifts,
the towers of silence which rose
from the solemnity of their roots.
I want to go back to being what I have not been,
and learn to go back from such deeps
that amongst all natural things
I could live or not live; it does not matter
to be one stone more, the dark stone,
the pure stone which the river bears away.

~ from SELECTED POEMS OF PABLO NERUDA

The importance of our environment cannot be
underemphasized. For evident reasons, everything that supports
the survival of human beings is dependent on environment. It is
simply the only home of mankind, making it the most important
aspect in life. Wellness of the environment directly relates to the
wellness and health in human beings and every other species. In
addition, the environment provides remarkable beauty. 1

Right to a Balanced and Healthful Ecology

1 Why is the environment so important?, Reference,
https://www.reference.com/science/environment-important-57d187dd869aca9e# (last visited Feb 5,
2017).

it does not follow that it is less important than any of the civil and political rights enumerated in the latter.2 The court in landmark case of Oposa vs.R. If they are now explicitly mentioned in the fundamental charter. 101083. Section 16. it is because of the well-founded fear of its framers that unless the 2 Antonio Gabriel Maestrado La Viña. THE RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY: THE ODYSSEY OF A CONSTITUTIONAL POLICY.” In interpreting these provisions. 1993 . Factoran.. Philippine Law Journal. As a matter of fact. 134. entrenched in 1987 Philippine Constitution. these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. Article II. the Supreme Court recognized the primacy and centrality of the right to ecological security and health among the many rights assured by the Constitution. Factoran3 said that: While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights. July 30. Such a right belongs to a different category of rights altogether for it concerns nothing less than self- preservation and self-perpetuation — aptly and fittingly stressed by the petitioners — the advancement of which may even be said to predate all governments and constitutions. 3 Oposa vs. No. 2 Henceforth as a testament to environment’s importance. that 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. G. volume 69 number 2 -02. p.

Environmentalist Atty. independent of specific legal rights. otherwise known as the Philippine Clean Air Act of 1999. thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second. is a comprehensive air quality management 4 La Viña. but also for those to come — generations which stand to inherit nothing but parched earth incapable of sustaining life. First. crafting specific statutes and its rules and regulations Right to Clean Air Republic Act No. I would like to highlight 2 important views. . 3 rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself. p. Second. be imprudent on the part of environmentalists or communities to rely on this right alone as a basis for legal action. though such is a self-executory right. It would.M. La Viña observes that the constitutional right to a sound and healthful ecology is a self- executory and actionable right. the day would not be too far when all else would be lost not only for the present generation. such as. Antonio G. however. the right to balanced and healthy ecology is a constitutionally protected and mandated right. 8749. the state has the solemn obligation to have a proactive approach in protecting the environment. Right of Balanced Ecology. 137.4 Based on the foregoing.

2. a factory that produces a potentially poisonous substance as a byproduct of its activities is usually held responsible for its safe disposal.5 Sec. the law mandates. (3) Reduce traffic congestion and improving traffic flow.theguardian. 4 of the said act provides that the rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: (a) The right to breathe clean air. The Clean Air Act is a milestone piece of legislation that consolidates scattered rules and regulations on air quality into a single law. among others. 6 Meaning that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.com/environment/2012/jul/02/polluter-pays-climate-change (last visited Feb 5. p. For instance. On top of all is the so-called "polluters must pay" principle. 4 policy and program which aims to achieve and maintain healthy air for all Filipinos. and (5) Prevent other sources of pollution such as incinerators. To this end. . to: (1) all potential sources of air pollution (mobile. point. Jr. 511. All emissions must be within the air quality standards. garbage burning and smoking. https://www. 7 Duncan Clark.7 5 Antonio A Oposa. and area sources) to comply with the provisions of the law. 6 RA 8749. (2) Improve fuel quality to reduce or eliminate lead in gasoline and sulfur in diesel. (4) Strengthen quality monitoring.. 2017). A Legal Arsenal For The Philippine Environment. evaluation and reporting through hi-tech equipment. What is the 'polluter pays' principle? The ultimate climate change FAQ (2012). Sec.

71 percent of air pollution comes from "mobile sources"—in other words.com/news/story/509142/lifestyle/healthandwellness/metro-manila-s-air- quality-even-worse-this-year-data (last visited Feb 5. In 2015. the enforcement or implementation. air pollutant concentration in the National Capital Region reached 130 micrograms per normal cubic meter (µg/Ncm) in terms of total suspended particulates (TSP). as always. The rest of the country's pollutants come from stationary sources such as buildings or immobile structures that emit air pollutants and area sources such as construction activities and unpaved roadways. Metro Manila’s air quality even worse this year– data GMA News Online. The maximum safe level of air pollutant concentration is 90 µg/Ncm. 8 8 GMA News and Public Affairs. According to the partial results of the National Emissions Inventory in 2012. In the presentation made by DENR-EMB. . 2017).gmanetwork. is the main challenge. The vehicles were identified as the top pollutant. 5 While the law is laudable in principle. according to the data released by Department of Environment and Natural Resources' Environmental Management Bureau (DENR-EMB). up from 106 µg/Ncm at year's end in 2014. vehicles on the road. the air quality situation in the National Capital Region in the first quarter of 2015 is even worse than it was at the end of 2014. http://www. This number is even higher in the National Capital Region (NCR) where 85 percent of air pollution comes from vehicles.

we are still far from attaining the law’s ideals. is to blame for 3. I think we should never waive hope. 6 This only goes to show that after 18 years since the enactment of clean air act. ." This pollution. While the end may still be far. too. we may be riddled with airborne diseases. 9 If we neglect in taking care of our environment now particularly our air. According to the US Environmental Protection Agency. according to the World Health Organization (WHO). Without cooperation between the people and government. we will have to recognise that the Earth has rights. but the planet can live without humans. much so when more is at stake. 9 Id. and "can affect the heart and lungs and cause serious health effects. The people must exercise discipline and vigilance while the government must be serious in treating the air problems in this country. It would perhaps be more prudent to act now than regret later.2 million preventable deaths every year. to live without pollution. Bolivian President. Sooner or later. particulate matter (PM) small enough to be inhaled include gases emitted from motor vehicles.Evo Morales. particularly from PM that can find its way deep into lungs. . I register my doubts in a clean air Philippines. What mankind must know is that human beings cannot live without Mother Earth.

134 million in Asia and 25 million in Latin America. Every 21 seconds. in general and in the Philippines. . a child dies globally from water-related illnesses. 7 WATERS The life of the law has not been logic: it has been experience.4 million people die every year from water-borne ailments such as cholera. United Nations Environment Program reports around 3. The agency estimated that 164 million people were at risk of water-borne diseases in Africa. In a matter of perspective. in particular. some types of hepatitis and diarrheal diseases. In other words.org estimated. typhoid. laws address the current affairs of the society. international non-profit organization Water. as the celebrated Justice Oliver Holmes remind us. In the interest of order. I would like to submit some facts first concerning water conditions in the world. laws react to facts.

runoff from fertilisers and pesticides used in agriculture. 2017). http://www. . the report adds. 10 Courtesy of Rappler 10 Millions at risk from rising water pollution – UN. as well as an increase in untreated sewage discarded into rivers and lakes.com/science- nature/environment/144698-millions-risk-rising-water-pollution-un (last visited Feb 5. 8 The rise is driven by factory waste.rappler. Rappler.

Serious concerns mount up regarding watershed degradation and unmonitored extraction of groundwater by illegal users. Disturbing facts about water pollution philstar. . 12 The Clean Water Act Law of the Philippines: The Use of Incentives to Promote Investments | AECEN. In Asian cities. up to 58% of groundwater for drinking is contaminated with coliform bacteria.org/good-practices/clean-water-act-law-philippines-use-incentives-promote- investments (last visited Feb 5. Septic tanks alone are not environmentally acceptable. Metro Manila ranks second to the lowest in providing piped sewerage system. 9 Particularly. 2017).philstar. the Philippines once known to be relatively abundant in water resources. 2017). However due to the pressures of population growth. according to Lisa Kircher Lumbao.2 million metric tons of organic pollution are produced annually by domestic (48%).com.aecen. 31 percent of all reported illness are caused by water-born sources.” the report continues. project manager of the USAID-funded LINAW project. only 6 out of 115 Philippine cities have sewerage systems. 12 11 Amada T. in the Philippines. urbanization.11 As a consequence. http://www. Nearly 22. Valino.com/agriculture/270177/disturbing-facts-about-water-pollution (last visited Feb 5. agricultural (37%) and industrial (15%) sectors. Only 7% of the population of Metro Manila is connected to a piped sewerage system and only a few households have acceptable effluent from their septic tanks. The Clean Water Act Law of the Philippines: The Use of Incentives to Promote Investments | AECEN. "More than 90% of the sewage generated is not disposed or treated in an environmentally acceptable manner. http://www. and industrialization placed a toll on the resources such as water.

To fully encourage local governments. preservation and revival of the quality of our fresh. .14 While the delegation of powers and duties of the law are commendable there are certain issues as to its enforcement. To achieve this end. to wit: • Transition problems in the transformation of EMB towards 13 Id. water districts. while solid waste management remains primarily a local government concern. the framework for sustainable development shall be pursued. 10 In response to these pressing concerns.” This law. Environmental Management Bureau (EMB) reports that in terms of enforcement of existing regulations. 14 Greenpeace Philippines. and the private sector to partake in efforts on reducing water pollution. further. communities. 41. 13 Clean Water Act creates specialized management areas with local governing boards. provisions on incentives are provided for in the law. Section 2 of the said law provides that “the State shall pursue a policy of economic growth in a manner consistent with the protection. key challenges are discernible. aims to promote and encourage the protection of the country’s water resources. p. brackish and marine waters. an act providing for a comprehensive water quality management and for other purposes was enacted. The state of water in the Philippines. 9275 or the Philippine Clean Water Act of 2004. Republic Act No.

each year. This number is estimated to be less than five percent of total registered industrial establishments nationwide. and the resistance of firms to inspection and other regulatory processes. and • Devolution of responsibility for waste management to local governments that lack capacity. These factors include the uneven implementation of inspection. the practice of unannounced visits. DENR sets targets to be achieved within the year. and are assessed at . Moreover. excerpts from the Philippine Country Assessment: Enforcement and Compliance Program by EMB presents the following findings: A recent study assessing environmental enforcement and compliance reported that the EMB is able to monitor and inspect only about one-quarter of the regulated establishments in its database. However. the ambiguous guidelines on the duration of the permit to operate (PTO). according to the report of EMB. 11 becoming a “line” agency. Various factors have contributed to delay of the enforcement process. • Overlapping authorities as a result of the creation of multi- sectoral environmental bodies. EMB has full legal authority and a complete array of regulatory instruments for a comprehensive enforcement strategy. In addition. with regard to compliance monitoring. the involvement of regional enforcers in other tasks.

Oftentimes. suggests that the data the agency is gathering are not the appropriate indicators for efficiency and success. although present and. prove to be very difficult for involved government agencies to enforce. enforcement issues seem to be another big issue that is greatly influenced by institutional concerns rather than the absence or limitation of existing policies. However. which.15 Imagine a world where a liter of water costs two or three times as much as a liter of gasoline because our water supply has become so poisoned that there are very few sources of freshwater left. unit reports would show that achievements are either close to or even exceed the targets. endeavor to effectively implement laws should be the ultimate goal. Thus. on paper. it goes to show that the better policy should perhaps be pollution prevention rather than mere regulations which. scientific studies continue to show the worsening pollution problem in the country. as previously stated. However. The pollution of the world’s freshwater supply is already happening at an alarming rate. 12 the end of each year. according to the report. presumably adequate. . 42-43. While there is a need to address limitations on existing standards for water quality and effluents to ensure that all types of pollutants are taken into consideration. and if we do not take measures to 15 Id.

. http://www. we could be facing a water scarcity crisis very soon.16 16 The problem. Greenpeace Philippines.org/seasia/ph/What-we- do/Toxics/Water-Patrol/The-problem/ (last visited Feb 5. 13 stop what’s happening. 2017).greenpeace.