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BY AYIN DREAM D. APLASCA
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The tree
LAST WEEK, I went to Guimaras because I had to attend a court hearing. I was with my collaborating counsels, Atty. Wilma Lagance and Atty. Rommel John Edang. After the hearing, we decided to take a tour of the place because it’s not always we get the chance to visit it (except Atty. Edang because he stays in the island).
As we drove along the road of Buenavista to Jordan, I saw vast field of trees. Not just the internationally-known mango trees of the island but all sorts of trees. The island is blessed with a huge variety of palms, groves, trees and other greenery. It is in reality one of the most diverse places I have ever visited in terms of plant life.
It was a blissful place. And it gave me the idea to write a column article about legal matters associated with the environment. I believe some readers are familiar with the Writ of Kalikasan. Let me enlighten you with some of its features or provisions.
A Writ of Kalikasan is a legal remedy under Philippine law for persons whose constitutional right to “a balanced and healthful ecology” is violated by an unlawful act or omission of a public official, employee, or private individual or entity. The mandate was from the 1987 Philippine Constitution. Article II, Section 16 of the Constitution says that the “state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
The writ may be sought to deal with environmental damage of such magnitude that it threatens the life, health, or property of inhabitants in two or more cities or provinces. It has five features that will serve as a significant compound in promoting environmental cases and protection.
First, it has a provision on citizen suit. It means that a lawsuit is filed by a private citizen to enforce a statute. The person complaining here must allege that he or she has been or is about to be denied some right or privilege to which he or she is lawfully entitled or that he or she is about to be subjected to some burdens or penalties by reason of the statute or act complaint of.
Second, it has an advanced way in solving environmental cases through a consent decree. This means that between two parties, a compromise agreement may be realized so that any other matters may not be subject of court litigations.
Third, it grants environment protection orders (EPO). The EPO is an order issued by the courts directing or ordering any person or any government agency to perform or desist in performing an act.
Fourth, in addition to the writ itself is the writ of continuing mandamus. It may be availed of to compel the performance of an act specifically enjoined by the law. It allows the court to retain jurisdiction after judgment. The purpose is to ensure the successful application of the reliefs mandated under the court’s decision.
Lastly, it adopts the precautionary principle. It helps the court to construe a set of facts necessitating either judicial action or inaction. The role of this principle is to bridge the gap between scientific inevitability in factual findings which cannot be attained.
The writ has the goal of preserving and protecting the environment. This was a major breakthrough because it will bridge the gap between environmental protection laws and their enforcement.
This is one of the greatest gifts to all and to the future generations, not just in Guimaras, but in the entire Philippines.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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