Environmentalists lament govt's inability to fully implement green laws

Despite having some of the best environmental laws in the world, the Philippines is still not able to reap the benefits of having such legislation, several environmental lawyers lamented on Monday. "Most, if not all, environmental laws are not being implemented fully. Actually I don't know if there is one environmental law that is fully being implemented," said environmental lawyer Jun Quicho in a phone interview with GMA News Online. "What would be the benefit of the law if it is not implemented? That is the biggest issue," lawyer Gloria Ramos, co-founder of Philippine Earth Justice Center, said in a separate interview. Ramos cites the following laws as among the most important environment legislation that are often ignored:

• Republic Act 8550 or the Philippine Fisheries Code of 1998
• RA 8749 or the Philippine Clean Air Act of 1999
• RA 9003 or the Ecological Solid Waste Management Act of 2000
• RA 9275 or the Philippine Clean Water Act of 2004
• RA 9513 or the Renewable Act of 2008

"We have the road map for air quality management but the agencies tasked to do it in partnership with stakeholders are not doing it and they are not held accountable,” she said. “They are not held accountable by the Office of the President, the Department of Environment and Natural Resources (DENR), and the Department of Interior and Local Government. "Sorry to tell you this but we have yet to see that determination from the government to implement the law," she added. For Maria Generosa Mislang, a lawyer from Tanggol Kalikasan, the most glaring example of a local environmental law that is not being implemented is RA 9003. "[Ang] open dumping [ng basura] talagang bawal na yan under the law... pero hindi siya nasusunod ng LGUs," she said. Ramos places the blame squarely on President Benigno Aquino III's lap. "Laws need to be implemented and there still seems to be no political will to do so. There is a big gap between the policy and the implementation," she complained. LGUs have to do more Another problem, said Quicho, is that the lead agency in settling environmental issues has a complicated structure. The DENR regulates the use of the country's environmental resources, and at the same time, issues permits to those who wish to harness such resources, he explained. "Mahirap i-implement ng batas dahil lagi kang nasa gitna," he said. There are also laws that are difficult to implement without any funds. "Not to say that the government is bad... but may realities din yung budget," he said. "Basically I think maraming gustong i-implement yung ibang provision ng batas pero wala naman pondo na binibigay... naiintindihan naman natin, it is a small pie that we have right now." The DENR's share in the 2013 P2-trillion national budget is P23.7 billion., Quicho pointed out that the allocation is sometimes reflective of the administration's priorities. "I think there are already a lot of policies in place, but I think ang tanong dito is, priority ba talaga yan? Kasi kung priority yan malalaman mo... kung priority yan, may budget yan," he said. Mislang was a little more forgiving of the Aquino administration's efforts to protect the environment, saying that this government's political will is stronger "compared to other presidencies before." She added that the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) have been trying to do their job little by little, despite manpower and geographical constraints. "Yung DENR, nakikita ko rin yung political will. May mga taga-DENR naging casualty habang nasa line of duty. In terms of BFAR nag-form siya ng task force both national tsaka region so tingin ko ngayon... ang mga LGUs na lang [ang problema]," she said. According to the Environmental Compliance Assistance Center (ECAC), the major environmental laws that LGUs are supposed to implement are RA 8749, 9003, 9275 and Republic Act 6969 or the Toxic Substances, Hazardous and Nuclear Waste Control Act of 1990. The ECAC said that RA 6969 aims to "regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk to human health" while RA 8749 aims to "achieve and maintain clean air that meets the National Air Quality guideline values for criteria pollutants throughout the Philippines, while minimizing the possible associated impacts to the economy." On the other hand, RA 9275 aims to "protect the country's water bodies from pollution from land-based sources" while RA 9003 aims to "ensure the proper segregation, collection, storage, treatment and disposal of solid waste through the formulation and adaptation of best eco-waste products." What citizens can do Ramos said citizens have the right to hold officials accountable before the courts. And she's thankful the judiciary has created "green courts" which hear environmental cases. "At least there's another branch of government that is looking at it. Yung legislative okay naman, kumpleto na tayo sa batas. Ang executive branch, they have to do their mandate," she said. Quicho said the administration should also start prioritizing environmental issues by putting money where the laws are. "You really have to invest in the environment... nariyan naman siya [mga batas] at magagamit naman siya. Hindi lang nama-maximize," he said. Ramos, however, said citizens must also do their part for the environment. "Kailangan dun sa educational system i-integrate ang love for our home planet through environmental education. Parents should also do our share, teach their children about stewardship. It's an undertaking that each one should do," she said. — DVM, GMA News