PHL ahead of ASEAN counterparts in promoting environmental justice, says expert

PUERTO PRINCESA CITY - An environmental law expert said Friday the Philippines can be considered a leader in promoting environmental justice in Southeast Asia, a region that is constantly facing threats from climate change and biodiversity losses. 

Lawyer Brenda Jay Angeles-Mendoza, who works for the Philippine Mediation Center Office, attributed this to the Philippine Supreme Court's rule-making power, which is guaranteed by the 1987 Constitution.  

"Mas advanced tayo (in terms of environmental adjudication) kasi kumpara sa ibang supreme court sa ibang bansa tayo may rule-making power, so we were able to craft yung rules of procedure on environmental cases na hindi mo na kailangan ng Congress para i-implement," she said on the sidelines of the 6th Association of Southeast Asian Nations (ASEAN) Chief Justices' Forum on the Environment here.

"Kumbaga para tayong pioneer, leader in terms of that," she added.  

With the environment's well-being in mind, the SC in 2008 designated 117 green courts composed of municipal and regional trial courts to expedite the resolution of environmental cases. 

Any Filipino citizen can also avail of the writ of kalikasan, which aims to protect a person's constitutional right to a balanced and healthful ecology. The SC adopted the Rules of Procedure for Environmental Cases in 2010. 

The writ was used by the SC to temporarily stop the First Philippine Industrial Corp. (FPIC) from operating its pipeline which was found to be leaking fuel beneath a 22-storey Makati condominium in 2010. 

It was also invoked in 2014 to block the road opening and tree cutting activities in the Mount Santo Tomas watershed in Benguet. 

Other Southeast Asian nations also have similar initiatives on environmental protection. 

Malaysia established environmental courts in 2012 while Thailand designated benches at all levels--nine at the trial court level, and one each at the the Central Administrative and Supreme Administrative Court. 

Indonesia designates judges who are certified as experts in environmental law to decide such cases. 

Meanwhile, Chief Justice Maria Lourdes Sereno reminded participants to the annual regional forum to use the rule of law for the sake of the future generation.  

"The role of judges really is not to apply an inert or static set of laws but the law is made to apply to the living so that the living may, for generations to come, have something to look forward to," she said in her opening remarks. 

Sereno also hoped that environmental protection will be among the priorities of the ASEAN judiciaries. 

Among the topics discussed on the first day are updates on promoting environmental law in each country, climate change and its implication on ASEAN judiciaries, and the role of judicial networks in promoting mutual assistance.

There is no word yet if the ASEAN justices will come up with a joint statement after the two-day meeting, which was declared off-limits to the media, ends on Saturday. —JST, GMA News