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| 'Bent from morn till the set of sun'. Farmers planting rice in Tigwi, Torrijos, Marinduque. Photo: Eli Obligacion |
'While promulgation of the Rules was a landmark achievement, their effective implementation would not be assured without substantial awareness-raising on the new procedures and capacity-building amongst the judiciary and other stakeholders.'
Excerpts:
Environmental degradation is already occurring on a large scale in the Philippines. The World Risk Report 2011 issued by the United Nations University Institute for Environment and Human Safety (UNU-EHS) reveals that the Philippines is the third most vulnerable worldwide because of the frequency of typhoons, floods or landslides. Impacts of disasters range from hunger and susceptibility to disease, to loss of income and livelihoods, affecting human survival and well-being. Population pressure, careless use and exploitation of the environment, and threats of extinction of certain species, are taking a toll on the quality of the environment and human health...
Mining has led to serious environmental damage. In 1996, the breakage of a drainage plug holding toxic mining waste at the Marcopper mine made global news. The poisonous wastes were allegedly dumped into the Boac River and resulted in the release of over 1.6 million cubic meters of tailings along 27 km of the river and the coastal areas. The impact on the river and the people who depend on it for their livelihoods was massive...
A report by the Department of Health indicated that residents could be harbouring in their bodies amounts of zinc and copper beyond tolerable limits. Residents also complained of skin irritations and respiratory problems which could have been caused by the poisonous vapours emitted by hydrogen sulfide and nitrous oxide from the mine wastes...
The legislature promulgated in 2010 new Rules of Procedure for Environmental Cases (theRules), a landmark instrument representing a significant reform in environmental litigation and protection. The Rules lay down procedures governing the civil, criminal, and special civil actions in all trial courts regarding environmental cases, with a view to protecting and advancing the constitutional right of the people to health and to a balanced and healthful ecology, and providing a simplified, speedy, and inexpensive procedure for the enforcement of environmental rights under Philippines law.
The Rules empowers the courts to issue environmental protection orders as an immediate action to protect the environment and the communities affected. Other remedies and orders direct government agencies to protect, preserve or rehabilitate the environment. The Rules also enable communities to petition for the suspension or stoppage of destructive, environmental and development activities through the Citizen’s Suit provision.
While promulgation of theRules was a landmark achievement, their effective implementation would not be assured without substantial awareness-raising on the new procedures, and capacity-building amongst the judiciary and other stakeholders.
For the full article pls click this UNDP LINK.
In sidebar post on the same UNDP webpage also appears the following information:
In March 2011, the Supreme Court granted aWrit of Kalikasan to three petitioners against Placer Dome, Inc. and Barrick Gold Corporation concerning the Marcopper mining disaster that took place in 1996 in Marinduque, and, in July 2011, the Supreme Court ordered the Court of Appeals to hear and decide the case. The petitioners contended that Placer Dome should be held liable for expelling some 2 million cubic meters of toxic industrial waste in the area and failing to rehabilitate the waters in three Luzon provinces—Romblon, Marinduque and Quezon.
