Earth Day 2009 (22 April)

Happy Earth Day!

Planetary Malpractice: A Prod to Government Leaders

In the last few decades, the world has witnessed the fury of Nature- the Americas experienced its strongest hurricanes ever; the Asia Pacific Region witnessed its most destructive typhoons and tornados; there have been unexpected perilous floods; and, so on and so forth. The environment, more particularly the climate system, has changed. The Intergovernmental Panel on Climate Change attributed these catastrophic changes in our climate system to global warming. It concluded with high probability that this change in climate is driven more than by anthropogenic factors rather than natural variability.

Global climate change presents new and unique challenges to the current Philippine legal framework for the protection of the environment. The concern today is how government leaders could be compelled to take serious, sustained and effective actions in addressing climate change. This paper proposes the idea that a novel concept of planetary malpractice, which is based on the principles of professional negligence, can be applied even if the current legal framework is not changed. This can be done by using the landmark environmental cases, such as Oposa vs. Factoran, Jr. that breathed life to the Constitutional right to a balanced and healthful ecology, in arguing that the violation of this right by a government leader is beyond the protection from being sued accorded to them by the Administrative Code of 1987.

In the analysis, the usual defense of lack of cause of action and standing, non-justiciability, and the general rule that public officials are not capable of being sued except for certain specific circumstances provided for by law, can be hurdled without difficulty if the current trend in jurisprudence is taken into consideration. This paper argues that the Supreme Court considers environmental cases as one of transcendental importance calling for the relaxation of procedural rules.

It is recommended, however, that the right to a balanced and healthful ecology be stated in clear in terms by amending Article 32 of the Civil Code so that there will be no ambiguity in terms of the applicability of planetary malpractice in Philippine jurisprudence.

Striking a Balance

It is difficult for a man, scavenging on the garbage dump created by affluence and profligate consumption and extravagance of the rich or fishing in the murky waters of the Pasig River and the Laguna Lake or making a clearing in the forest so that he can produce food for his family, to understand why protecting birds, fish, and trees is more important than protecting him and keeping his family alive.

How do we strike a balance between environmental protection, on the one hand, and the individual personal interests of people, on the other?

- HERMOSISIMA, JR., J.

Laguna Lake Development Authority vs. Court of Appeals, et al., G.R. no. 120865-71, December 7, 1995

JUNE IS THE MONTH OF THE MOUNTAINS

On 15 April 2002, President Gloria Macapagal Arroyo issued Presidential Proclamation no. 176 declaring the year 2002 as the “Year of Mountains” as well as the month of June of every year as the “Month of the Mountains” in the Philippines. The said Proclamation was the answer to the United Nations General Assembly’s call for the sustainable development of forest resources. 

For the commemoration of the Month of the Mountains to be more effective, I believe that the policies of the National Government with regard to forest resources (e.g. logging, mining, etc.) must shift from highly extractive to regenerative economics. To do this, the following are my suggestions so that President GMA would have a legacy once she leaves the Presidency: 

1. Delineate and specifically identify the metes and bounds of forest lands, national parks, and other protected areas. Once boundaries are identified, provide clear boundary delineations such as the use of improvised fences. This is in accord with the provision of the Constitution. The President’s job is to make sure that it is implemented before she leaves the Office.

2. Establish measurable targets for the annual reduction of forest cover.

3. Establish in specific terms (e.g. percentage points) on how much of the forest covers could be used and how much should remain.

4. Formulate the National Land Use Plan Framework. Sec. 20(c) of the Local Government Code mandates LGUs to prepare a comprehensive land use plan (CLUP) enacted through a zoning ordinance. Majority of the LGUs have yet to formulate their respective CLUPs. As the Chief Executive, she has the authority to call on these local government officials to implement the law. To help them craft their respective CLUPs, it would be better if the National Government has a National Land Use Plan which would serve as a framework for the local CLUPs.

5. With regard to minerals, the policy should focus on the use of minerals based on the concept of carrying capacity. At the rate we’re going, it is crucial for the National Government to issue a moratorium on the issuance of mineral permits and licenses.

I believe that if the President would follow these simple suggestions, we would be able to give flesh to the letter of Proclamation no. 176. And in doing so, the commemoration of the Month of the Mountains would be more than just lip service. 

KICK THE HABIT!

Today, the world commemorates the World Environment Day with its 2008 slogan Kick the Habit! Towards a Low Carbon Economy (to learn more about this, click this link). This recognizes the need to focus on greenhouse emissions and the ways by which these will be reduced. 

I believe that Professor Oposa, my Law and Environment class Professor last semester, has a very innovative way to reduce our greenhouse emissions from motor vehicles. He is promoting the use of ‘man-powered mini-train’ and calls it by the name of ‘karusel’. This YouTube video (click this link) shows the making and the launching of this ‘karusel’.

The Karusel Prototype

Photo from Prof. Oposa 

The use of this ‘karusel’ is one of the best solutions not only to the world’s urban problems but also to our very unhealthy sedentary lifestyle. However, doubts with regard to the sustainability of this man-powered vehicle will usually arise. There might even have apprehensions, or worse, adverse reactions from the riding public. 

Indeed, the need to change the mindset of many Filipinos is very crucial for the sustainability and success of this very promising ‘karusel’. The use of the CPR economics (I will write more about this later), as recommended by Prof. Oposa, will be very helpful in this regard.