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. 

ENVIRONMENTAL PLANNER BOARD EXAM

On 11-12 June 2008, the Professional Regulation Commission (PRC) through the Board of Environmental Planning will hold the Professional Licensure Examinations for Environmental Planners. A new set of Environmental Planners will again be available for multi-million projects.

I can vividly remember that during our time, which was actually just two years ago, I was very excited to take the said examinations. I had just finished  my Diploma course from the U.P. School of Urban and Regional Planning (UP-SURP- the only urban and regional planning school in the Philippines). I was so eager to practice Environmental Planning. No one can practice Environmental Planning in the Philippines without a license from the PRC. Fortunately (thanks to my prayers and my very capable professors from UP-SURP), I was able to survive the examinations despite me suffering from flu then. Unfortunately, one (1) out of the twelve (12) students/graduates from the UP-SURP who took the examinations failed.

I am the 574th licensed Environmental Planner in the Philippines. So far, considering the number of hopefuls that pass the EnP Board Exams every year, the Philippines has now have approximately 630 licensed Environmental Planners (this number includes those who have failed to renew their licenses).

One unsolicited advice for those who are going to take and successfully pass the EnP Board Exams this year- consider the profession as a vocation not a money-making business. I have heard a lot of stories from my colleagues that there are some who study Urban Planning and take the Board Exams just to be able to make money. It is true that an Environmental Planner can rake as much as a million per project (that is, if you have built a very good reputation as a Planner). However, the clients that badly need your service are not your multi-million real estate companies or your mutilateral agencies. The clients that badly need your service are your local government units, especially those categorized under the 3rd to 5th class categories.  

As an Environmental Planner, I would like to request the other licensed Environmental Planners and those who are to be licensed soon to share your expertise to our local government units. If you can, at least, take a pro bono project once a year or once very two years. The proof that I practice what I preach is my Plan.Works Co. I, together with the EnP Board Exams topnotcher in 2006, established this planning firm that primarily caters to local government units who cannot even afford to send their Planning and Development Officers to take special planning courses in UP-SURP. However, inspite the pro bono service that we offer, some local government officials and officers are still hesitant to engage us because this would still entail expenses for materials and transportation.

To the EnP hopefuls this year, God bless and may you share your expertise to our needy clients. 

SHARK’S FIN DUMPLING, ANYONE?

The United Nations Food and Agricultural Organization estimated that more than 100 million sharks are caught annually[1].  Studies made by Baum and Myers[2] in the years 2002 and 2003 on shark populations established that several species of sharks have vanished at the rate of 49% to as much as 99% in a span of fifteen (15) years.  Other studies reveal an overall decline of 90% in shark population in the last fifty (50) years[3].

The decline in the population of sharks is due to several factors. One of these factors is attributed to the biology of sharks which have low reproductive capacity. The other factors are attributable to human activities. The marine ecosystem has already been destructed. Moreover, the popularity of shark products has resulted in over harvesting.

These factors led to the drop of shark populations which has been faster than ever before. Sharks occupy the apex of marine ecosystem. The drop in their population would mean real dangers to the balance of the marine ecosystem. One of these adverse effects is the increase in the population of prey species which in turn would reduce the number of their prey species. Overharvesting of sharks will lead to the collapse of the marine ecosystem.

Sharks are a public resource that should be protected for the benefit not just of the present generation but more importantly for future generations. The Bureau of Fisheries and Aquatic Resources under the Department of Agriculture is empowered by the Republic Act no. 8550 to formulate and enforce all rules and regulations governing the conservation and management of fisheries resources (Sec. 65[n]). Moreover, the protection of sharks can be a good resource for eco-visitorism under the auspices of the Department of Tourism.

In this light, it is crucial that the killing of sharks be completely banned. Again, sharks occupy the apex of marine biodiversity. Since one of the laws of Nature is that every thing is interconnected, killing of sharks will adversely alter the balance of the ecosystem.

Calling on the DENR, BFAR, DA, and the DOT officials.

   1]Rebecca Regney, The Recent International Measures to Protect Sharks Are Not Enough,<http://www.hsus.org/wildlife/wildlife_news/international_measures_to_protect_sharks_not_enough.html>, January 7, 2005.

                2] Facts Endangering Sharks: Fishing,<http://www.shark.ch/Preservation/Facts/index.html>

   3]Rebecca Regney, The Recent International Measures to Protect Sharks Are Not Enough,<http://www.hsus.org/wildlife/wildlife_news/international_measures_to_protect_sharks_not_enough.html>, January 7, 2005.