See - https://businessmirror.com.ph/2020/01/27/fundamental-right-to-a-safe-climate/
(Atty. Lorna Kapunan)
"x x x.
In 2010, the Supreme Court of the Philippines under then-Chief Justice Reynato Puno took the initiative and issued Rules of Procedure for Environmental Cases because Section 16, Article 11 of the Philippine Constitution, which provides that the “state shall protect and advance the right of the people to a balanced and healthy ecology in accord with the rhythm and harmony of nature” was not a self-executing provision. Thus, the writ of kalikasan came into being (a Filipino word for “Nature”).
Soon as the writ of kalikasan became available as a special legal remedy against “environmental damage of such magnitude that it threatens life, health and property of inhabitants in two or more cities, or municipalities,” the residents of Barangay Bangkal and West Tower Condominium sought our law firm’s legal assistance in obtaining a writ of kalikasan against First Philippine Industrial Corp. and First Gen Corp. for the environmental damage caused by the massive leakage of their 117-kilometer pipeline (which stretched from Batangas to the Pandacan Terminal, in Manila) and transported gasoline, jet fuel and kerosene. What started as a two-drum leak at the initial stage became a 15-20-drum a day affair into the sump pit of the West Tower Condominium and the entire Barangay Bangkal municipality affecting the life, health and property of the residents and inhabitants therein. Our Law Firm has the distinction of obtaining for the West Tower Condominium Residents and inhabitants of Barangay Bangkal the first writ of kalikasan issued by the Supreme Court on November 19, 2010.
That was almost 10 years ago—and still our West Tower and Barangay Bangkal residents and inhabitants are waiting for “remediation, rehabilitation and restoration of the affected Barangay Bangkal environment until full restoration of the affected area to its condition prior to the leakage is achieved” as mandated by the Supreme Court (GR 194239, June 16, 2015, SC En Banc).
With the decision in the Juliana v. US case, it is hoped that the Courts will take a more activist stand in safeguarding people’s right to a safe climate and environment. Our Philippine Supreme Court in the West Tower case in 2010 took a step in the right direction by issuing its writ of kalikasan.
But as shown by West Tower/Barangay Bangkal case, it takes more than a Supreme Court to issue a favorable ruling.
What it takes is political will of the concerned government agencies mandated to safeguard our health and environment—the ”bad” guys who pollute our environment must be thrown in jail for them to learn the hard lesson that respect for the environment is respect for human life.
The right to a safe climate is a fundamental right!
x x x."
"x x x.
In 2010, the Supreme Court of the Philippines under then-Chief Justice Reynato Puno took the initiative and issued Rules of Procedure for Environmental Cases because Section 16, Article 11 of the Philippine Constitution, which provides that the “state shall protect and advance the right of the people to a balanced and healthy ecology in accord with the rhythm and harmony of nature” was not a self-executing provision. Thus, the writ of kalikasan came into being (a Filipino word for “Nature”).
Soon as the writ of kalikasan became available as a special legal remedy against “environmental damage of such magnitude that it threatens life, health and property of inhabitants in two or more cities, or municipalities,” the residents of Barangay Bangkal and West Tower Condominium sought our law firm’s legal assistance in obtaining a writ of kalikasan against First Philippine Industrial Corp. and First Gen Corp. for the environmental damage caused by the massive leakage of their 117-kilometer pipeline (which stretched from Batangas to the Pandacan Terminal, in Manila) and transported gasoline, jet fuel and kerosene. What started as a two-drum leak at the initial stage became a 15-20-drum a day affair into the sump pit of the West Tower Condominium and the entire Barangay Bangkal municipality affecting the life, health and property of the residents and inhabitants therein. Our Law Firm has the distinction of obtaining for the West Tower Condominium Residents and inhabitants of Barangay Bangkal the first writ of kalikasan issued by the Supreme Court on November 19, 2010.
That was almost 10 years ago—and still our West Tower and Barangay Bangkal residents and inhabitants are waiting for “remediation, rehabilitation and restoration of the affected Barangay Bangkal environment until full restoration of the affected area to its condition prior to the leakage is achieved” as mandated by the Supreme Court (GR 194239, June 16, 2015, SC En Banc).
With the decision in the Juliana v. US case, it is hoped that the Courts will take a more activist stand in safeguarding people’s right to a safe climate and environment. Our Philippine Supreme Court in the West Tower case in 2010 took a step in the right direction by issuing its writ of kalikasan.
But as shown by West Tower/Barangay Bangkal case, it takes more than a Supreme Court to issue a favorable ruling.
What it takes is political will of the concerned government agencies mandated to safeguard our health and environment—the ”bad” guys who pollute our environment must be thrown in jail for them to learn the hard lesson that respect for the environment is respect for human life.
The right to a safe climate is a fundamental right!
x x x."
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