What To Do With Perceived Environmental Violations
What To Do With Perceived Environmental Violations
A 2006 study listed the goals of the criminal justice system, which are as
follows:
A. To make sure that there are no wrongful convictions and that the right person is
identified and convicted of the crime he/she committed; that both suspect and
victim have access to remedies; that they are provided with a speedy and impartial
process that ensures the protection of their human and legal rights, and equal
treatment before the law; that the appropriate remedy is applied to the convicted;
and, that while serving sentence the convicted is accorded humane treatment and
adequate support to enable him to develop or redevelop his capacity as a good and
productive member of the community;
B. To gain and sustain the trust and confidence of the community, and engage the
community as an active and effective partner in solving crime, and in facilitating
the provision of remedies particularly through restorative justice; and
There are government agencies designated to enforce the laws, and some are
specifically tasked to enforce environmental laws, rules, and regulations. Some, like
the DENR, are mandated to enforce a wide range of laws, in fact almost all
environmental laws, while agencies such as the Bureau of Fisheries and Aquatic
Resources (BFAR) pay particular attention to the blue laws. Even general law
enforcement agencies such as the Philippine National Police (PNP) and the National
Bureau of Investigation (NBI) have specialized units to handle environment cases. The
following are some of these agencies with a brief background of each to help you
understand their specific mandates, jurisdictions, and to help you decide to which
agency you will go to report an environmental violation. For easy reference, the
discussion of relevant agencies dealing with green, blue, and brown laws are specified.
The DENR is the national government agency which primarily deals with the
environment and the prime agency responsible for the conservation, management,
development, and proper use of the country’s environment and natural resources.
Among other functions, it licenses and regulates all natural resources use; manages
protected areas; assesses environmental impact; controls pollution and decides
pollution cases; manages toxic chemicals and hazardous wastes; settles mining
conflicts; conducts ecosystems research and technology transfer; carries out
information, education, and communication campaigns; and implements international
and regional environment and natural resources agreements.
It is composed of several line and staff bureaus which help in its functions and
mandate, particularly to draft policies, set standards, and provide technical services.
The agencies attached to DENR are the Laguna Lake Development Authority (LLDA),
National Mapping and Resource Information Authority (NAMRIA), the Natural
Resources Development Corporation(NRDC), the Natural Resources Mining
Development Corporation (NRMDC), now known as the Philippine Mining Development
Corporation (PMDC), the National Water Resources Board (NWRB), the Philippine
Forest Corporation (PFC), and two specialized offices, the Coastal and Marine
Management Office (CMMO) and River Basin Control Office (RBCO). Its Bureaus,
namely the Environmental Management Bureau (EMB), the Forest Management
Bureau (FMB), the Land Management Bureau (LMB), the Parks and Wildlife Bureau
(PAWB), and the Mines and Geosciences Bureau (MGB) help in the enforcement of
environmental laws, and will be discussed further below.
The LMB is primarily tasked with matters relating to the rational classification,
management, and disposition of lands. It has the following significant tasks and
functions (Section 14, EO No. 192, Series of 1987):
A. Recommend policies and programs for the efficient and effective administration,
survey, management and disposition of alienable and disposable lands of the
public domain and other lands outside the responsibility of other government
agencies such as reclaimed areas and other areas not being utilized for purposes
for which they have been established;
The PAWB is the DENR unit primarily tasked to handle matters relating to the
protection and conservation of wildlife and natural reserves and other protected areas.
It has the following significant tasks and functions (Section 18, EO No. 192, Series of
1987):
A. Formulate and recommend policies, guidelines, rules and regulations for the
establishment and management of an Integrated Protected Areas System such as
national parks, wildlife sanctuaries and refuge, marine parks, and biospheric
reserves;
B. Formulate and recommend policies, guidelines, rules and regulations for the
preservation of biological diversity, genetic resources, endangered Philippine flora
and fauna; and,
C. Prepare an up-to-date listing of endangered Philippine flora and fauna and
recommend a program of conservation and propagation of the same.
The MGB is the lead DENR unit which handles matters pertaining to geology and
mineral resources exploration, development, and conservation. It has the following
significant tasks and functions (Section 15, EO No. 192, Series of 1987):
The main objective of the National Bureau of Investigation is the establishment and
maintenance of a modern, effective and efficient investigative service and research
agency for the purpose of implementing fully principal functions provided under RA
No. 157, as amended. Under the said law, the NBI has the following functions:
1. Investigate crimes and other offenses against the law, both on its own
initiative and as public interest may require;
6.
7. Establish and maintain an up-to-date scientific crime laboratory and
conduct researches in furtherance of scientific knowledge in criminal
investigation;
The NBI created a special division to address environmental cases called the
Environment
and Wildlife Protection and Investigation Division (EWPID). The EWPID was created
to protect the environment and wildlife towards maintaining an ecological balance
that would sustain both human and non-human elements; it also recognizes the
fact that nature and all life forms should harmoniously co-exist.50 Its mandate is
to enforce national environmental laws and apprehend and prosecute individuals,
groups or entities who violate these, in coordination with other government
agencies tasked to protect the environment like the DENR.
The BFAR has the following significant functions under the law (Section 65, RA No.
8550):
C. Monitor and review joint fishing agreements between Filipino citizens and
foreigners
who conduct fishing activities in international waters, and ensure that such
agreements
are not contrary to Philippine commitment under international treaties and
convention
on fishing in the high seas;
E. Advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic
practices in fish markets and fish landing areas;
The mission of the PCG is to promote safety of life and property at sea; safeguard
the marine environment and resources; enforce all applicable maritime laws; and
undertake other activities in support of the mission of the Department of
Transportation and Communications (DOTC).
Its significant functions under the law include the following (Section 3, RA No.
9993):
a) To enforce regulations in accordance with all relevant maritime international
conventions, treaties or instruments and national laws for the promotion of
safety of life and property at sea within the maritime jurisdiction of the
Philippines and conduct port state control implementation;
d) To enforce laws and promulgate and administer rules and regulations for the
protection of the marine environment and resources from offshore sources or
pollution within the maritime jurisdiction of the Philippines; and,
The Maritime Group is a National Operational Support Unit of the Philippine National
Police mandated to perform all police functions over Philippine Waters. This includes:
to enforce the law, prevent and control crimes, maintain peace and order, ensure
public safety and internal security over Philippine islands, coastal areas, ports and
harbors to protect and sustain the development of the maritime environment.52 Some
of its key functions are:
The EMB is the primary DENR unit which deals with matters pertaining to
environmental management, conservation, and pollution control. It has the following
significant tasks and functions (Section 16, EO No. 192, Series of 1987):
The complexity and myriad of environmental problems and issues which plague
the planet has spurred the strengthening of environmental laws and enforcement
measures. Innovations such as the requirement for the conduct of environmental
impact assessments and the provision for effluent and emission standards for water
and air pollution, in particular, have given government regulators and the public, in
general, tools to protect and preserve the environment and to hold violators of
environmental laws accountable. However, as economies grow and technology
advances, so will environmental problems and issues increase.
The Rules provide for the issuance of an Environmental Protection Order given that
environmental threats, as well as existing environmental damage, necessitate an
immediate relief if further damage is to be averted.60 The Rules define an EPO as an
order issued by the court directing or enjoining any person or government agency to
perform or desist from performing an act in order to protect, preserve, and rehabilitate
the environment.
The EPO may be employed to perform the role of a prohibitory injunction and a
mandatory injunction, empowering the court with ample discretion and means to
appropriately address environmental cases brought before it.61 The procedure for the
issuance of an EPO or a Temporary Environmental Protection Order stems from the
same procedure for the issuance of a Temporary Restraining Order (TRO) in ordinary
civil cases. Usually the initiatory pleading filed with the court will include a request for
the issuance of the restraining order. In the case of an environmental case, the TEPO
may be requested to stop an ongoing activity or action which potentially causes harm
to the environment. Here, it is important to note that you must be able to convince the
court, through your pleading, that there is a potential injury or harm which must be
stopped or abated.
2. Writ of Kalikasan
The Writ of Kalikasan is one of the unique remedies provided for in the Rules of
Procedure. It was fashioned to address the concern of magnitude and questions of
jurisdiction arising from the environmental damage occurring in wide areas by
allowing the petition for the issuance of the writ to be filed in the Supreme Court or
any station of the Court of Appeals because of their nationwide jurisdiction.62 It is
considered the first of its kind in the world,63 and will protect Filipinos and the
environment from egregious environmental harm.
This writ was first introduced in the case of Metropolitan Manila Development
Authority (MMDA) . Concerned Residents of Manila Bay. It is defined as a writ issued
by a court in an environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts decreed by final
judgment which shall remain effective until judgment is fully satisfied.
Of note is the High Court’s statement in the Manila Bay case: “The era of delays,
procrastination, and ad hoc measures is over. Petitioners must transcend their
limitations, real or imaginary, and buckle down to work before the problem at hand
becomes unmanageable. Thus, we must reiterate that different government agencies
and instrumentalities cannot shirk from their mandates; they must perform their
basic functions in cleaning up and rehabilitating the Manila Bay.”
4. Citizen Suit
A citizen suit has been defined in the rules as: “Any Filipino citizen in
representation of others, including minors or generations yet unborn, may file an
action to enforce rights or obligations under environmental laws. Upon the filing of a
citizen suit, the court shall issue an order which shall contain a brief description of
the cause of action and the reliefs prayed for, requiring all interested parties to
manifest their interest to intervene in the case within 15 days from notice thereof. The
plaintiff may publish the order once in a newspaper of general circulation in the
Philippines or furnish all affected barangays copies of said order.”
As defined in the Rules of Procedure, a legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any person, institution or the government
has taken or may take in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights shall be treated as a SLAPP.