Environment Situation part 5. Atty. Oposa

Transcription

1 Environment Situation part 5 Atty. Oposa

2 RAID IN BOHOL one ton = 6,000 sticks

3 DEC. 16, 2004: Cavite LARGEST IN PHILIPPINE HISTORY 3 kms of detonating fuse

4 30,000 sticks, thank you IBP! Jovy

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6 COMMERCIAL FISHING BOAT OWNERS

7 Blast fishermen Sea-borne Operation Commercial fishing intrusions

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10 TRIAL AND CONVICTION 2 weeks SENDING A MESSAGE Law enforcement must be swift, painful and public

11 CREATIVE PENOLOGY

12 Adversaries to Allies Program Our version of Politics is addition

13 De La Victoria earlier told reporters that he received information that there was a One Million reward for the person who could assassinate him and Oposa.

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15 MORE RAIDS VS COMMERCIAL FISHING BOAT OWNERS As we speak

16 Anti-Fencing

17 Explosi January 27, 2009 Next week Filing of Administrative and Anti-Graft Charges against ALL Barangay Officials Gross and Inexcusable Negligence for allowing illegal activities to happen in their territorial jurisdiction

18 Enforcement FORESTS 30 M ha, Topography: yrs ago - 16 M AND THE LAW

19 Storyteller Forest cover: 1900

20 Trees: Law is thinking tool/medium of our art Forest Cover 1999 logging in virgin forests only 800k 3.9 million ha We lawyers are artists; Storytellers of the stories of our clients people

21 Inter-Generational Responsibility 800,000 hectares left of virgin forest 1988-logging done only in virgin forests 3.9 million hectares given to 92 logging corporations Purpose of the case Not A LAWYER, ONLY Storyteller NOTE! Legal Question

22 March 1990 Enforce a Constitutional Provision

23 Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility Mark Twain: Confidence and Ignorance

24 While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it is no less important than any of the civil and political rights of human beings.

25 Such a right concerns nothing less than the right to selfpreservation and self-perpetuation, a right that may even be said to predate all governments and constitutions.

26 If they are now specially mentioned in the fundamental law of the land, it is because unless it is written in the constitution itself,

27 the day would not be too far when all else would be lost not only for this generation but also for succeeding generations. generations which stand to inherit nothing but a parched earth incapable of sustaining life.

28 Not able to tell a story, but able to assert the right to tell a story in your behalf, In the process, sent a message to humanity Incidentally, DENR Banned all logging in virgin forests and 1992 NIPAS Law (RA 7586) Story Apply the principle of seven generations

29 AMAZON OF THE SEAS, PHILIPPINE SEA OF THE FORESTS The PHILIPPINES IS THE CENTER OF THE CENTER OF MARINE BIODIVERSITY ON EARTH Dr. Kent Carpenter/ UN FAO Study

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31 Water Pollution: Manila Bay 1990s-200 MPN OF FECAL COLIFORM >1,000,000 MPN 1989 Sagip Ilog ng Kabite; 1993 Ateneo Law Students 1998: UP Law 4 M GALLONS OF Raw sewage; every day If cared for, it can provide protein for the entire metro manila Source of great recreation for free (not a Mall) 90 % of what fishermen catch was pure garbage Lack of Political will!

32 Solution? Supplant lack of political will with the - -- WILL, FORCE and POWER, of the Law Have the Plan Implemented

33 Almost 4 years Jan Sept 2002

34 Thank you, PSAF and OSG 2006, now in the Supreme Court Pro bono

35 News articles

36 Oral Argument in the Supreme Court August 12, 2008 News articles:

37 Why revolutionary? It creates an upheaval. Turn their world upside down and light a match under their butts

38 Jan 20, 2009, Inquirer

39 WHOLESALE ORDER 1. DENR to implement Operational Plan to clean up Manila Bay 2. Local Governments implement waste management programs 3. MWSS, 4. LWUA, sewage treatment 5. MMDA Solid Waste Mgt 6. DPWH -- remove illegal structures from the waterways, 7. DepEd environmental education, 8. DOH monitor where septic and sludge excavators 9. Coast Guard - patrol vs illegal fishing 10. National Police -- Maritime Group } 11. DILG all LGUs, implement Solid Waste Mgt 12. Philippine Port Authority 13. DBM-TO PROVIDE FUNDS 14. Dept of Agriculture Bureau of Fisheries (BFAR)

40 Continuing Mandamus Clean Up -Report to the SC 90 days - Preserve its cleanliness - Supreme Court into the Executive Functions? Monitor -- compliance of the Plan that all the Government prepared and adopted. LIVING Decision!

41 Background Environmental Violations are generally victimless crimes No present offended party E.g., Illegal fishing Government is more often negligent if not complicit in the offense Archaic/conventional rules of procedure make it difficult to resort to Judicial relief or obstacles

42 Environmental Rules of Court (Admin Matter SC) April 29, 2010 Civil Procedure Special Civil Actions Criminal Procedure Evidence