Blitzkrieg means "lightning war". Blitzkrieg is based on speed and surprise and needed a military force to be based around light tank units supported by planes and infantry (foot soldiers). (Hurricane Katrina)

Terrorism is the systematic use of violent terror as a means of coercion. Common definitions of terrorism refer only to those violent acts which are intended to create fear (terror); and deliberately target or disregard the safety of non-combatants (Climate Change)

State Initiatives on Climate ChangeState Initiatives on Climate Change National Climate Change Action National Climate Change Action

PlanPlan DAR’s Role in the NCCAPDAR’s Role in the NCCAP Climate Expenditure Tagging Climate Expenditure Tagging

ProcessProcess

o Signed the UNFCCC on June 1992 and ratified it on August 2, 1994

o Signed the Kyoto Protocol on April 15, 1998 and ratified it on November 20, 2003

Inter-Agency Committee on Climate Change (IACCC)

oCreated in May 8, 1991 by virtue of Presidential Administrative Order No. 220 to serve as the national coordination mechanism and administrative machinery for the implementation of the Philippines’ commitments to the UNFCCC.

o Chaired by the Secretary of the Department of Environment and Natural Resources (DENR) and Co-Chaired by the Secretary of the Department of Science and Technology (DOST)

Philippine Council for Sustainable Development (PCSD)

oResponse to the Earth Summit in 1992 to act as the country’s multi-stakeholder participatory body

o Created on September 1, 1992 by virtue of Executive Order No. 15 to chart the environment and sustainable development initiatives of the country

National Authority for CDMDesignated the Department of Environment and Natural Resources (DENR) as DNA for CDM on June 25, 2004 by virtue of Executive Order No. 320

Main functions:oFormulate and develop a national CDM policyoDevelop the criteria, indicators, standards, systems and procedures, and evaluation tools for the review of CDM projectsoUndertake the assessment and approval of CDM projects to be submitted to the UNFCCC-EBoMonitor the implementation of CDM projectsoPerform other functions that are related to and in pursuance of the development of the CDM

o Biofuels Act of 2006 Ratified by both houses of Congress last November 29, 2006, which mandates a minimum 1% biodiesel blend and 5% bioethanol blend by volume in all diesel and gasoline fuels, respectively, being distributed and sold in the country. The blend shall increase to 2% biodiesel and 10% ethanol in gasoline after four years.

o Renewable Energy Act of 2008Intends to provide incentives to and require mandatory use of renewable energy by power generators

o Signed October 23, 2009

An Act Mainstreaming Climate Change into Government Policy Formulations, Establishing the Framework, Strategy and Program on Climate Change, Creating for this Purpose the Climate Change Commission, and for Other Purposes.

In line with the implementation of the Climate Change Act, the National Framework Strategy on Climate Change for 2010-2022 was formulated mainly to serve as guidance for national and local development planning.

14

SOCIETY ENVIRONMENT

ECONOMY

SUSTAINABLEDEVELOPMENTGoal: To build the adaptive capacity of communities and increase the resilience of natural ecosystems to climate change, and optimize mitigation opportunities towards sustainable development.

VISION:A climate risk-resilient Philippines with

healthy, safe, prosperous and self-reliant communities, and thriving and productive

ecosystems

CLIMATE CHANGE• Increasing temperatures• Changing rainfall patterns• Sea level rise• Extreme weather events

IMPACTS AND VULNERABILITY

• Ecosystems (River Basins, Coastal & Marine, Biodiversity)

• Food security• Water resources• Human health• Infrastructure• Energy• Human society

CLIMATE PROCESS DRIVERS• Energy• Transport• Land Use Change & Forestry• Agriculture • Waste

Capacity Development

Knowledge Management

Research and DevelopmentTechnology Transfer Financing Policy, Planning &

Mainstreaming CROSS-CUTTING STRATEGIES

Multi-stakeholderPartnerships

MEANS OF IMPLEMENTATION

IEC andAdvocacy

GenderMainstreaming Valuation

The Philippine Strategy on Climate Change for 2010 – 2022 was formulated with support from the German Technical Cooperation (GTZ) for the project on Adaptation to Climate Change and Biological Diversity

This Strategy will guide the Philippines’ actions over the next twelve years from 2010-2022. Its formulation is based on

oAvailable information on climate parameters and most probable scenarios based on science, consensus and official baseline adopted by the government on Climate Change;

oCurrent assessment of the country’s vulnerability and adaptive capacity;

o Assessment of the potential positive and negative, direct and indirect impacts of climate change on the key sectors (water, biodiversity, forestry, coastal and marine, fisheries, agriculture, health, energy and infrastructure);

o National development goals and priorities; &

o A multi -sector consultation on process.

Energy SectorLead Agency: Department of Energy

Philippine Energy PlanThe five-point reform package contained in this Plan is geared towards attaining energy independence by aggressively developing renewable energy potential such as biomass, solar and wind.

Towards higher use of environment-friendly alternative fuels

The Philippines will conduct extensive promotion of alternative fuels for transport sector. Compressed natural gas (CNG) public utility buses are expected to ply all the major routes from Manila and to each southern environs.

Lead agencies:Department of Environment and Natural Resources and Department of Interior and Local Government

The involvement of the local government units (LGUs) in the promotion of widespread adoption proper waste management with the implementation of 3Rs –- reduce, re-use and recycle.Conversion of waste to energy shall also be a key activity by the LGUs to promote methane capture for use in electricity, especially for garbage dumps.

April 26, 2010 – E.O. 881oAuthorized the CCC to coordinate existing climate change initiatives, including REDD-plus initiatives. oDesignated the DENR as the operational arm for REDD-plus activities and as manager of REDD-plus resources acquired by the government.

VisionoEmpowered forestlands managers and support groups sustainably and equitably managing forestlands and ancestral domains with enhanced carbon stock and reduced GHG emission.oImpacts area include: reduced forest degradation and deforestation, poverty alleviation, biodiversity conservation and improved governance.

MissionoTo ensures sustainable management of forests fort both reduced carbon emissions and biodiversity conservation;oTo enhance national carbon stocks through forestry programs that deliver clear and multiple social and ecological benefits;oTo provide a research-based enabling environment in the implementation of the REDD-plus programs, projects and activities;oTo leverage REDD-plus resources and projects to deliver social benefits and contribute to poverty alleviation;

o To enhance the capability of forest managers and support groups to successfully and equitably implement REDD-plus strategies; and

o To develop and implement a forest carbon emissions reduction measuring, reporting and verification system that engages local managers and is national in scope.

A.M. No. 11-9-4-SCA.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULEEFFICIENT USE OF PAPER RULE

Sec. 3. Sec. 3. Format and StyleFormat and Style. – a) All . – a) All pleadings, motions and similar papers pleadings, motions and similar papers intended for the court and quasi-intended for the court and quasi-judicial body’s consideration and judicial body’s consideration and action (court-bound papers) shall action (court-bound papers) shall written in single space with one-and-a written in single space with one-and-a –half space between paragraphs, using –half space between paragraphs, using an easily readable font style of the an easily readable font style of the party’s choice, of 14-size font, and on party’s choice, of 14-size font, and on a 13 –inch by 8.5- inch white bond a 13 –inch by 8.5- inch white bond paper; andpaper; and

WRIT OF WRIT OF KALIKASKALIKAS

AN AN

CONSTITUTIONAL FRAMEWORKRIGHT TO A BALANCED AND HEALTHFUL ECOLOGY

(Sec. 16, Art. 2 of Phil. Consti.) The state shall advance the right of the people to a balanced and healthful ecology in

accordance with the rhythm and harmony of natureRIGHT TO HEALTH (Sec. 15, Art. II, Phil. Consti.)

The state shall protect and promote the right to health of the people and instill health consciousness among them.

INETERNATIONAL AGREEMENTS , TREATIES AND CONVENTION- UNFCC, MONTREAL, KYOTO, ETC.

THE WRIT OF KALIKASAN: NORMATIVE FOUNDATIONSENVIRONMENTAL JUSTICE is now a recognized human

right at this time that the planet is facing an ecological timebomb with threats of environmental disaster in different parts of the globe.

INTERGENERATIONAL RESPONSIBILITY: The present generation has the responsibility to preserve the environment for generations yet to be born ( a doctrine enunciated in the Stockholm Declaration and by the Philippine Supreme Court in Oposa v. Factoran).

OBJECTIVES OF THE WRIT OF KALIKASAN

1. Protection and promotion of constitutional right to a balanced and healthful ecology;

2. Provision of access to justice- through “simplified, speedy and inexpensive procedure for the enforcement of environmental rights and duties”

3. To introduce and adopt innovations and best practicesensuring the effective enforcement of remedies andredress for violation of environmental laws4. To enable the courts to monitor and exact compliance

with orders and judgments in environmental cases.

FEATURES OF WRIT OF KALIKASANA homegrown judicial remedy available only in the

PhilippinesSummary in nature; expedited disposition of casesLiberal rule on locus standi; organizations can stand in

representation of communities or of those who suffered actual damage.

No docket fee required to be paid by petitioner to “strike a balance between ecological and economic development concerns.”

Allows submission of memorandum through email

FEATURES OF WRIT OF KALIKASANAllows discovery procedure in gathering evidence ( such as

ocular inspection, production or inspection of documents or things)

Applies PRECAUTIONARY PRINCIPLE: “When human activities

may lead to threats of serious and irreversible damage to theenvironment that is scientifically plausible but uncertain, actions

shall be taken to avoid or diminish that threat” and lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Thus, this principle modifies the rules on evidence in writ of kalikasan cases where the burden is on the respondents to prove that their activity that may cause damage to the environment is not in fact damaging.

RULE ON WRIT OF KALIKASANWhere Rule is found: It is incorporated as Rule VII of “The

Rules of Procedure for Environmental Cases” adopted by the Supreme Court in April 2010.

Nature of Writ : Special Civil ActionApplicability: Applies when there is damage in violation of

environmental law, rule or regulation, where damage is of such magnitude as to prejudice the life, health or property of inhabitants in 2 or more cities or provinces

Who May File: A natural or juridical person, entity authorized by law, PO, NGO, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation. (Note: Requirement of accredition is to guarantee legal existence of group or NGO.)

(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;

(b) P.D. No. 705, Revised Forestry Code;

(c) P.D. No. 856, Sanitation Code;

(d) P.D. No. 979, Marine Pollution Decree;

(e) P.D. No. 1067, Water Code;

(f) P.D. No. 1151, Philippine Environmental Policy of 1977;

(g) P.D. No. 1433, Plant Quarantine Law of 1978;

(h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes;

(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground;

(j) R.A. No. 4850, Laguna Lake Development Authority Act;

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;

(l) R.A. No. 7076, People’s Small-Scale Mining Act;

(m) R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas;

(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;

(o) R.A. No. 7942, Philippine Mining Act;

(p) R.A. No. 8371, Indigenous Peoples Rights Act;

(q) R.A. No. 8550, Philippine Fisheries Code;

(r) R.A. No. 8749, Clean Air Act;

(s) R.A. No. 9003, Ecological Solid Waste Management Act;

(t) R.A. No. 9072, National Caves and Cave Resource Management Act;

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;

(v) R.A. No. 9175, Chainsaw Act;

(w) R.A. No. 9275, Clean Water Act;

(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-Value Crops Development

Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.

RULE ON WRIT OF KALIKASANRespondent: A public official or employee, or private individual

or entity.Contents of Petition:(1) Name/s and personal circumstances of petitioner/s, and of

respondent/s who if unknown and uncertain, may be described under assumed appellation;

(2) The environmental law, rule or regulation violated or threatened to be violated , the act or omission complained of, and the environmental damage sustained.

(3) Evidence to be attached: affidavits of witnesses, documentary evidence, scientific or other expert studies, and object evidence;

(4) The certification of non-forum shopping (5) The reliefs prayed for which may include a prayer forthe issuance of a Temporary Protection Order

RULE ON WRIT OF KALIKASANWhen is a Temporary Environmental Protection Order” (or

TEPO, which is equivalent to the TRO in ordinary jurisprudence) available? In case of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the court may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined. Within said period, the court where the case is assigned shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case.

The court should periodically monitor the existence of acts which are the subject matter of the TEPO, the TEPO can being lifted anytime as the circumstances may warrant.

RULE ON WRIT OF KALIKASANDissolution of the TEPO: The TEPO may be dissolved if it appears

after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined.

Filing Fee: “Pay as you enter rule” does not apply; no filing fee required.

When to File Return: Within TEN days from receipt of noticeForm and Content of Return: Must be verified; General denial

of allegations is deemed an admission, thus denials must be specific.

Effect of Failure to File Return: Court will hear the case ex parte

RULE ON WRIT OF KALIKASANProhibited Pleadings: (a) Motion to dismiss;(b) Motion for extension of

time to file return;(c) Motion for

postponement;(d) Motion for a bill of

particulars;(e) Counterclaim or cross-

claim;(f) Third-party complaint;(g) Reply; and(h) Motion to declare

respondent in

Why prohibit certain pleadings? To expedite the judicial process.

A motion for intervention is not a prohibited pleading. Thus, any interested party may file such a motion which affirms the public interest nature of the Writ of Kalikasan, a remedy which a large segment of the community may wish to avail of.

RULE ON WRIT OF KALIKASANFiling of Pleading: Personal filing, filing by mail, and in the

case of memorandums, filing electronically (email).

Effect of Filing of Writ of Kalikasan on other judicial actions: “The filing of a petition for the issuance of the writ of kalikasan shall not preclude the filing of separate civil, criminal or administrative actions.” The separate actions may be filed before or after the filing of the writ of kalikasan.

RULE ON WRIT OF KALIKASANUltimate Reliefs to be prayed for/ granted:Permanent Cease and Desist OrderOrder for rehabilitation or Restoration of damage Order for respondent to monitor strict compliance with

court orders and decisionsOrder for respondent to make periodic reports on strict

compliance with court orders and decisions.Such other reliefs (except award of damages to individual

petitioners)NOTE: The Court will not grant an award for personal

damages which may be claimed in a separate civil action.

THE PROCEDURE AT A GLANCE

PROCEDURE: AT A GLANCE

PROCEDURE: AT A GLANCE

WRIT OF CONTINUING MANDAMUSWRIT OF CONTINUING MANDAMUS

SECTION 1. SECTION 1. PETITION FOR CONTINUING PETITION FOR CONTINUING MANDAMUS.MANDAMUS. - WHEN ANY AGENCY OR - WHEN ANY AGENCY OR INSTRUMENTALITY OF THE GOVERNMENT OR INSTRUMENTALITY OF THE GOVERNMENT OR OFFICER THEREOF UNLAWFULLY NEGLECTS THE OFFICER THEREOF UNLAWFULLY NEGLECTS THE PERFORMANCE OF AN ACT WHICH THE LAW PERFORMANCE OF AN ACT WHICH THE LAW SPECIFICALLY ENJOINS AS A DUTY RESULTING SPECIFICALLY ENJOINS AS A DUTY RESULTING FROM AN OFFICE, TRUST OR STATION IN FROM AN OFFICE, TRUST OR STATION IN CONNECTION WITH THE ENFORCEMENT OR CONNECTION WITH THE ENFORCEMENT OR VIOLATION OF AN ENVIRONMENTAL LAW RULE VIOLATION OF AN ENVIRONMENTAL LAW RULE OR REGULATION OR A RIGHT THEREIN, OR OR REGULATION OR A RIGHT THEREIN, OR UNLAWFULLY EXCLUDES ANOTHER FROM THE UNLAWFULLY EXCLUDES ANOTHER FROM THE USE OR ENJOYMENT OF SUCH RIGHT AND USE OR ENJOYMENT OF SUCH RIGHT AND THERE IS NO OTHER PLAIN, SPEEDY AND THERE IS NO OTHER PLAIN, SPEEDY AND ADEQUATE REMEDY IN THE ORDINARY COURSE ADEQUATE REMEDY IN THE ORDINARY COURSE OF LAW, OF LAW,

STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATIONSection 1. Strategic lawsuit against public participation (SLAPP). - 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 and shall be governed by these Rules.

A WISE PRINCE OUGHT TO OBSERVE SOME SUCH RULES, AND NEVER IN PEACEFUL TIMES STAND IDLE, BUT

INCREASE HIS RESOURCES WITH INDUSTRY IN SUCH A WAY THAT THEY

MAY BE AVAILABLE TO HIM IN ADVERSITY, SO THAT IF FORTUNE

(NATURE) CHANGES IT MAY FIND HIM PREPARED TO RESIST HER BLOWS

THE PRINCE THE PRINCE -MACHIAVELLI, N., 1531

• Outlines the agenda for adaptation and mitigation for 2011 to 2028

• Aims to address urgent and immediate needs and concerns of the country relating to the dangerous consequences of climate change to vulnerable

• Responding to the President’s Social Contract “Keeping the Promise”

• Adopted on November 22, 2011

Successf

ul transition

towards climate-

smart

development.

Successf

ul transition

towards climate-

smart

development.

Ultimate OutcomesUltimate Outcomes

Intermediate OutcomesIntermediate Outcomes

Special Programs

RATIONALERATIONALE Special Order No. 530 series of 2010 creates Special Order No. 530 series of 2010 creates

Special Programs and Agrarian Reform Special Programs and Agrarian Reform Stakeholders Relations Office, to:Stakeholders Relations Office, to:-- strengthen, streamline internal support strengthen, streamline internal support systemssystems

and structure to service external clients and structure to service external clients with with effective implementation, coordination effective implementation, coordination and and management of program componentsmanagement of program components-- enhance synergy among operating units of enhance synergy among operating units of DARDAR

at all levels at all levels

TASKS AND OBJECTIVESTASKS AND OBJECTIVES

Strengthen coordination among CIAsStrengthen coordination among CIAs Develop and strengthen relations with the academe. Develop and strengthen relations with the academe.

Church, professional groups, ARBs, civil society, etc.Church, professional groups, ARBs, civil society, etc. Educate the public effectively re CARPEducate the public effectively re CARP Address pertinent issues affecting ARBs such as climate Address pertinent issues affecting ARBs such as climate

change and disaster riskschange and disaster risks Improve management and resolution of conflictsImprove management and resolution of conflicts Improve management and development of DAR Improve management and development of DAR

resettlementsresettlements

I. Social Contract / Key Result Areas (KRAs)

II. Difference between KRA 5 and Climate Change Expenditures

III. Budget Cycle and Climate Public Expenditure Tagging

Guidelines in Tagging/Tracking Government Expenditures for Climate Change in the Budget Process

Rationale Global climate

change has severe consequences

The Philippines is highly vulnerable to existing and future climate change-related risks

Legal Framework RA 9729 NCCAP Disaster Risk

Reduction Management (DRRM) Act

Need for Green Growth in Climate Change Agenda

National Government Policy

Purpose Under Section 4.5 of National Budget

Memorandum No. 115, in the identification and prioritization of climate change related activities, all government agencies are required to undertake and take stock of relevant climate change programs and activities to achieve the following

1. Better sequence and prioritize programs/activities/projects (P/A/Ps) to maximize their benefits to communities given the worsening impact of climate change;

2. To assist government agencies, through a simple tool, to identify climate change related activities being one of the expenditure priorities the government, and;

3. Enable fiscal and department manager to tract, report and monitor progress towards achieving development outcomes on climate change.