SC orders inventory of environment cases in 117 'green courts'

[GLT]

SC orders inventory of environment cases in 117 'green courts'
By REY G. PANALIGAN
March 16, 2009, 12:00am

Chief Justice Reynato S. Puno ordered yesterday an inventory of all
environment cases pending in 117 trial courts designated as “green
courts” to determine what other judicial measures are needed for their
speedy resolution.

The inventory, which would include the nature of the environmental
cases, will be assessed during the forum on environmental justice to
be held in Baguio City on April 16 and 17.

According to Puno, the forum “is primarily aimed at determining ways
on how the courts can help in the protection and preservation of the
environment and ensuring the various government agencies’ commitment
to environmental justice.”

The Baguio City forum at the University of the Cordilleras will be
beamed simultaneously through video-conferencing to the University of
the Philippines-Visayas in Iloilo City and Ateneo de Davao University
in Davao City.

Dubbed a “Forum on Environmental Justice: Upholding the Right to a
Balanced and Healthful Ecology,” it will be a run-up activity to Earth
Day on April 22, this year, Puno said.

Late last year, the SC handed down a landmark decision that directed
practically all government agencies and law enforcement units to
implemental without delay the restoration and preservation of the
Manila Bay in a decision written by Justice Presbitero J. Velasco Jr.

The Baguio City forum will be the third to be conducted by the Supreme
Court (SC) and its education arm, the Philippine Judicial Academy
(PhilJA). First was the National Consultative Summit on Extrajudicial
Killings and Enforced Disappearances that led to the adoption of the
Writ of Amparo and the Writ of Habeas Data which, together with the
Writ of Habeas Corpus, completed the citizens’ legal armory against
violations and threats to life, liberty, security, and privacy.

The second forum was the “Forum on Increasing Access to Justice for
the Poor” that led to an enhanced implementation of the Justice on
Wheels (JoW) project which paved the way for the release of more than
1,000 prisoners nationwide, and the Small Claims Court that settles
within one day claims involving less than P 100,000, mostly filed by
the poor.

Among the laws involving the environment are the Revised Forestry Code
(Presidential Decree No. 705), Marine Pollution (PD 979), Toxic
Substances and Hazardous Waste Act (Republic Act No. 6969), People’s
Small-Scale Mining Act (RA 7076), National Integrated Protected Areas
System Act (RA 7586), Philippine Mining Act (RA 7942), Indigenous
People’s Rights Act (RA 8371), Philippine Fisheries Code (RA 8550);
Clean Air Act (RA 8749), Ecological Solid Waste Management Act (RA
9003), National Caves and Cave Resources Management Act (RA 9072),
Wildlife Conservation and Protection Act (RA 9147), Chainsaw Act (RA
9175), and Clean Water Act (RA 9275).

When the “green courts” were mobilized early last year, the SC
identified 2,300 environmental cases pending in various courts like
those involving violations of the laws on mining, forestry, marine,
fisheries, wildlife, waste management, toxic substances, and hazardous
waste.

According to Puno, the right to a healthy environment is mandated by
Section 16, Article II of the Constitution which provides 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.”

Puno also said that the Constitution provides that the “State shall
protect and promote the right to health of the people and instill
health consciousness among them.”