When the Supreme Court institutionalized the Writ of Kalikasan or “writ of nature,” the judicial branch of government validated its true and genuine caring for the environment. This special legal remedy is unique to Philippine law for its provides for the protection of one’s right to “a balance and healthy ecology in accordance with the rhythm and harmony of nature.” Environment advocates and activists have availed themselves of this remedy from the High Tribunal in their fight against mining companies violating the law in Palawan.
The writ, however, was recently used by the Court of Appeals to stifle legitimate scientific research on GMOs, particularly Bt Eggplant and Golden Rice.
The CA said the Writ of Kalikasan provides protection of one's constitutional right to a healthy environment. Owing to the lack of “full scientific certainty” on the effects – good or bad – of Bt Eggplant and Golden Rice, the precautionary principle calls for actions to be taken to “avoid or diminish the threats of serious and irreversible damage to the environment,” the appelate court said.
A more practical use of the writ was in 2008, when the Supreme Court showed its pro-environment stance when it ordered concerned agencies of the government to clean up, rehabilitate, and preserve Manila Bay. Again in 2011, the SC ordered these agencies to execute directives in order to implement the 2008 decision. This time, city of Manila, the Department of Environment and Natural Resources, and other government offices complied, with the help of the private sector.
The justice sector continued with this environmental initiative under the administration of President Bongbong Marcos. Recently, Puerto Princesa City in Palawan province became the country’s 12th Justice Zone and the first ever “Green Justice Zone”, the premiere showcase of collaboration between the national and local governments for effective and efficient delivery of justice for environmental protection. The undertaking is a project of the Supreme Court, the Department of the Interior and Local Government and the Department of Justice—the government institutions that comprise the Justice Sector Coordinating Council (JSCC).
The green justice zone will deal with matters concerning environmental protection and natural resource management within its jurisdiction with the aim of addressing climate change and environmental degradation, the Supreme Court said.
“Establishing a green zone is the justice sector’s concrete contribution towards affording our people their constitutional right to a balanced and healthful ecology in accord with the rhythm and harmony of nature,” Chief Justice Alexander Gesmundo said.
The launch marks the establishment of the 12th justice zone in the country after those in the cities of Quezon, Cebu, Davao, Angeles, Bacolod, Naga, Calamba, Balanga, Baguio, Zamboanga and Tagaytay.
Meanwhile, I nterior and Local Government Secretary Benhur Abalos, who has supervision over the Philippine National Police (PNP), said that environmental protection cannot be fully achieved without proper enforcement of the law. He stressed that the protection of the environment must be parallel with our efforts to enforce our already instituted mechanisms.
Since Abalos also holds supervisory powers over local officials, it is time to ask him now if the 95 local government units (LGUs) within the Manila Bay watershed that were identified by the DILG as violating environmental laws have already reformed and complied with regulations. His own department previously reported that of this number, 56 are in Central Luzon, 37 in Calabarzon, and two are in Metro Manila.
The DILG promised to file administrative complaints against these mayors if they still refuse to shape up, even as the department said it did not discount the possibility of asking Malacañang for disciplinary action against erring local officials.
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