Environmental planning is defined as "activities concerned with the management and development of land, as well as the preservation, conservation, and rehabilitation of the human environment" (Sec. 2[a]). The practice of environmental planning covers professional services in the form of technical consultation, plan preparation, and/or implementation involving the following:

(a) Development of a community, town, city, or region;

(b) Development of a site for a particular need such as housing, centers for activities concerned with research, education, culture, recreation, or government, industrial estates, agriculture, and water resources, including creating a spatial arrangements of buildings, utilities and communication routes;

(c) Land use and zoning plans for the management and development preservation, conservation, rehabilitation, and control of the environment; and,

(d) Pre-investment, pre-feasibility, and feasibility studies. (Sec. 3).

It is unlawful for any person to engage in the practice of environmental planning without having been registered pursuant to P.D. no. 1308.

The destruction that Ondoy brought us made many of us realize that it is high time that we take our environment seriously. Being the stewards of the environment, we've been tasked to make sure that the next generation would still have adequate resources for them to be able to have a life that not only facilitates physical but, more importantly, human development. 

The problem, however, is that instead of working together, people, especially the powers that be, have started the blame game. Nobody wants to take responsibility (except for Bayani Fernando who, admitted his responsibility for the flooding). The DENR Secretary wants to sue the LLDA Chair. The LLDA Chair, on the other hand, blames the DENR Secretary. The local government officials concerned are very silent as to what they have failed to do to prepare for a deluge like Ondoy. These officials should be reminded that the management of the environment is one of the services decentralized to them.

I believe that every one of us should be blamed for what had happened. It is not just the government. The people's way of living also aggravated the effects of Ondoy. The world has seen how we have been helping each other during and after the deluge that's Ondoy. It is high time that we show to the world that we are ready to take our responsibility as stewards of the environment. 

Happy Earth Day!

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.

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

REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN TREES, PLANTS AND VEGETATION

WHEREAS, the planting of trees on lands adjoining the edge of rivers and creeks is both a measure of beautification and reforestation; and

WHEREAS, the planting of trees along roads and areas intended for the common use of owners of lots in subdivisions will provide shade and healthful environment therein;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

SECTION 1.     The following shall plant trees:

1.     Every person who owns land adjoining a river or creek, shall plant trees extending at least five meters on his land adjoining the edge of the bank of the river or creek, except when such land, due to its permanent improvement, cannot be planted with trees;

2.     Every owner of an existing subdivision shall plant trees in the open spaces required to be reserved for the common use and enjoyment of the owners of the lots therein as well as along all roads and service streets. The subdivision owner shall consult the Bureau of Forest Development as to the appropriate species of trees to be planted and the manner of planting them; and

3.     Every holder of a license agreement, lease, license or permit from the Government, involving occupation and utilization of forest or grazing land with a river or creek therein, shall plant trees extending at least twenty (20) meters from each edge of the bank of the river or creek. 

The persons herein above required to plant trees shall take good care of them, and, from time to time, remove any tree planted by them in their respective areas which has grown very old, is diseased, or is defective, and replant with trees their respective areas whenever necessary.

SECTION 2.     Every owner of land subdivided into residential/commercial/industrial lots after the effectivity of this Decree shall reserve, develop and maintain not less than thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, as open space for parks and recreational areas.

No plan for a subdivision shall be approved by the Land Registration Commission or any office or agency of the government unless at least thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as open space for parks and recreational areas and the owner thereof undertakes to develop such open space, within three (3) years from the approval of the subdivision plan, in accordance with the development plan approved by the Bureau of Forest Development and to maintain such parks and recreational areas.

SECTION 3.     Any person who cuts, destroys, damages or injures, naturally growing or planted trees of any kind, flowering or ornamental plants and shrubs, or plants of scenic, aesthetic and ecological values, along public roads, in plazas, parks other than national parks, school premises or in any other public ground or place, or on banks of rivers or creeks, or along roads in land subdivisions or areas therein for the common use of the owners of lots therein, or any species of vegetation or forest cover found therein shall, be punished with imprisonment of not less than six months and not more than two years, or a fine of not less than five hundred pesos and not more than five thousand pesos, or with both such imprisonment and fine at the discretion of the court, except when the cutting, destroying, damaging or injuring is necessary for public safety or the pruning thereof is necessary to enhance beauty, and only upon the approval of the duly authorized representative of the head of agency or political subdivision having jurisdiction therein, or of the Director of Forest Development in the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in the case of trees along roads and in other areas therein for the common use of owners of lots therein. If the offender is a corporation, partnership or association, the penalty shall be imposed upon the officer or officers thereof responsible for the offense, and if such officer or officers are aliens, in addition to the penalty herein prescribed, he or they shall be deported without further proceedings before the Commission on Immigration and Deportation. Nothing in this Decree shall prevent the cancellation of a license agreement, lease, license or permit from the Government, if such cancellation is prescribed therein or in Government regulations for such offense. 

SECTION 4.     Any person who shall violate any provision of Section one hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than six months but not more than two years, or with a fine of not less than five hundred pesos but not more than five thousand pesos, or with both such imprisonment than fine at the discretion of the court. If the offender is a public officer or employee, he shall, in addition, be dismissed from the public service and disqualified perpetually to hold public office.

SECTION 5.     Any person who shall violate the provision of Section 2 hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than two (2) years but not more than five (5) years, or with a fine equivalent to the value, at current valuation, of the area representing thirty percent (30%) of the total area of the subdivision, or both such fine and imprisonment at the discretion of the Court.

SECTION 6.     The Director of Forest Development shall issue such rules and regulations as may be necessary to carry out the purposes of this Decree.

SECTION 7.     All laws, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed.

SECTION 8.     This Decree shall take effect upon its promulgation.

DONE in the City of Manila, this 6th day of July, in the year of Our Lord, Nineteen Hundred and Seventy-Six.

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. 

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.  

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. 

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.