Climate Change and the Phil ippine Legal

SystemAnton Arcilla

There is NO stopping Climate Change.

The debate has shifted from whether or not climate change is real, to the extent of its impact, and on top of it, to how soon it

will affect us.

The state of the environment is a major worldwide concern at present. Pollution—

the production of various greenhouse gases (GHGs) in particular– is perceived as a serious threat in industrialized countries,

while environmental degradation has become a great impediment to progress in

the developing world.

6 Ways Climate Change will affect the Philippines

More intense el nino

Rising sea surface temperatures

Ocean acidification

Sea level to rise by 4 to 6 meters

Tropical cyclones to intensify

Rainfall, waterfall, and river flow to intensify

(http://www.rappler.com/nation/48599-six-ways-climate-change-affects-ph-cities)

Erratic weather conditions, resulting in increased typhoon intensities

Effect of the recent typhoon Yolanda (Haiyan)

Massive floods in urban and rural areas which result to billions in damage to

property, as well as fatalities.

Decrease in agricultural production due to alternating floods and

drought, therefore decrease in food supply

Massive f loods due to storms have caused outbreaks of diseases.

Current efforts to address cl imate change in the Phil ippines

Creation of the Climate Change Commission

Enactments of various laws by Congress, including the amendment of the Climate Change Act. The latter establishes a survival fund to provide long-term finance streams for effectively addressing climate change (http://www.rappler.com/move-ph/issues/disasters/44369-philippine-laws-and-decrees-on-climate-change).

Creation of the National Disaster Risk Reduction and Management Council, and the streamlining of disaster mitigation and response efforts from the lowest local government units (barangays).

Establishment of environment courts by the Judiciary to hear violations of environmental laws.

The Philippines, while not a major contributor of GHGs (especially CO2), will feel still the brunt of the negative effects of Climate Change, it being a

developing county.

We lack the resources to cope sufficiently with the said

disasters.

However, this does not mean that the Philippines is not doing its part in addressing the issue. In fact, the Philippines has been an active

participant in climate change global policy negotiations.

Lawyers can help out in the Climate Change initiative by participating

actively in the drafting of policies and laws that will govern activities in the

Philippines, the delivery of services, as well as the mitigation and response

measures to natural disasters.

A.M. No. 09-6-8-SCRULES OF PROCEDURE FOR

ENVIRONMENTAL CASESIn addition, lawyers can help pursue environmental law violators in the

so-called “environmental courts” established by the Supreme Court.

This administrative rules aim to:

a)To protect and advance the constitutional r ight of the people to a balanced and healthful ecology;

b)To provide a s implif ied, speedy and inexpensive procedure for the enforcement of environmental r ights and duties recognized under the Constitution, existing laws, rules and regulations, and international agreements;

c)To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violation of environmental laws; and

d)To enable the courts to monitor and exact compliance with orders and judgments in environmental cases.

Climate litigation is not a new concept, having been discussed for decades already. Litigation relating to climate

change became a high priority for climate change advocates and their clients after President Bush repudiated the Kyoto Protocol. It became apparent (at least in the United States) that reliance on the federal government was not going to be sufficient for responding to climate change, on both fronts of federal regulatory authority and international

diplomacy.  It became a matter of putting the law into one’s own hands so to speak.

[DAVID HUNTER, ET AL., INTERNATIONAL ENVIRONMENTAL LAW (3rd ed.).]

 

It won’t be easy to prosecute violators of environmental laws in the Phil ippines.

However, one small step in the right direction is all it takes to reach the ultimate goal of minimizing the country’s

carbon footprint, and assisting the Filipinos in coping with the effects of climate change.

Prosecuting violators and penalizing them accordingly sends a strong message that the Philippines’ justice system is one

with the rest of the world in trying to make the world a better place to live in.

Thank you!