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to

create, develop, maintain and improve conditions under which man and nature

can thrive in productive and enjoyable harmony with each other,

to fulfill the

social, economic and other requirements of present and future generations of

Filipinos

to insure the attainment of an environmental quality that is

conducive to a life of dignity and well-being

recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations,

assure the people of a safe, decent, healthful, productive and aesthetic environment,

encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry

preserve important historic and cultural aspects of the Philippine heritage,

attain a rational and orderly balance between population and resource use

improve the utilization of renewable and non-renewable resources.

right to a healthy environment

Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same.

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OPOSA vs FACTORAN case

G.R. 101083 July 30, 1993 Supreme Court

The SC decided in the affirmative. Locus standi means the right of the litigant to act or to be heard.Under Section 16, Article II of the 1987 constitution, it states that: The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Petitioners, minors assert that they represent their generation as well as generation yet unborn. We find no difficulty in ruling that they can, for themselves, for others of their generation and for the succeeding generations, file a class suit. Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a right, as hereinafter expounded considers the “rhythm and harmony of nature”. Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters fisheries, wildlife, off- shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations. Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, the minor’s assertion of their right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come. This landmark case has been ruled as a class suit because the subject matter of the complaint is of common and general interest, not just for several but for ALL CITIZENS OF THE PHILIPPINES.

In 1990, 44 children, through their parents, sought to make the DENR Secretary stop issuing licenses to cut timber, invoking their right to a healthful environment. They brought the case in the name of all the children in the Philippines and in the name of the generations yet unborn!

ISSUE:

Whether or not the petitioners have a locus standi.

The petitioners, all minors, sought the help of the Supreme Court to order the respondent, then Secretary of DENR, to cancel all existing Timber License Agreement (TLA) in the country and to cease and desist from receiving, accepting, processing, renewing or approving new TLAs. They alleged that the massive commercial logging in the country is causing vast abuses on rain-forest.They further asserted that the rights of their generation and the rights of the generations yet unborn to a balanced and healthful ecology. Plaintiffs further assert that the adverse and detrimental consequences of continued and deforestation are so capable of unquestionable demonstration that the same may be submitted as a matter of judicial notice. This notwithstanding, they expressed their intention to present expert witnesses as well as documentary, photographic and film evidence in the course of the trial.

Philippine Environmental Policy

agency guidelines

environmental impact statements

The different agencies charged with environmental protection as enumerated in Letter of Instructions No. 422 shall, within sixty (60) days from the effectivity of this Decree, submit to the National Environmental Protection Council (NEPC), their respective guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments and statements.

(a) the environmental impact of the proposed action, project or undertaking;

(b) any adverse environmental effect which cannot be avoided should the proposal be implemented;

(c) alternative to the proposed action;

(d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and

(e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted.

goals

policy

Joshua Allen Alcaraz

Effectivity

WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements:

This decree takes effect immediately.

( June 6, 1977)

signed by

Ferdinand E. Marcos

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WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmony with one another; and

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WHEREAS, the individual and, at times, conflicting, demands of population growth, urbanization, industrial expansion, rapid natural resources utilization and increasing technological advances have resulted in a piecemeal-approach concept of environmental protection;

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