Resources
Environmental Adjudication in the Philippines: Jurisprudence, Access to Justice, Green Courts and Tribunals, and Judicial Specialization in Environmental and Natural Resources Law
This Chapter considers the role of the Philippine judiciary in enforcing its environmental laws. The judiciary enunciates principles of environmental law, provides normative interpretationsof legal and regulatory frameworks, issues rules and directions to lower courts which affect their priorities, and often plays a role in judicial education.
1987 Constitution of the Republic of the Philippines
The 1987 Constitution of the Philippines was enacted under President Corazon C. Aquino's administration. Previous Constitutions that governed the country were the 1986 Freedom Constitution, 1973 Constitution, 935 Commonwealth Constitution as well as Constitutions drafted and adopted under President Jose P Laurel in 1943 and President Emilio Aguinaldo in 1898.
Laguna Lake Development Authority (LLDA) v. Court of Appeals
The Supreme Court affirmed the right of environmental government agencies to issue urgent reliefs to meet the laudable objective of giving vitality to the constitutional right to environment.
Director of Forestry, et al. v. Muñoz, et al.
One of the first cases to acknowledge that forests constitute a vital segment of any country's natural resources and that denudation would result in ill effects for the environment.
MMDA v. Concerned Residents of Manila Bay
The Supreme Court required government agencies to maintain the prescribed water quality standards of Manila Bay even in the absence of a specific pollution accident. The Court’s directives focused on three main areas: (i) prevention, control, and protection; (ii) prosecution and sanctions; and (iii) rehabilitation. To ensure compliance with the Court’s directives, it used the principle of continuing mandamus, which was not codified in Philippine statutes at the time of the case’s promulgation.
Shell Philippines Exploration B.V. v. Jalos et al.
The Supreme Court recognized the harmful and deleterious effects of a Shell underwater gas pipeline to the marine life in Palawan.
Oposa v. Factoran
The Supreme Court enunciated the doctrine of inter-generational responsibility and the standing to sue in environmental cases of unborn children.
Tan v. Director of Forestry
The Supreme Court recognized the importance of forest resources and its exhaustibility.
Social Justice Society (SJS) et al. v. Atienza
The Supreme Court highlighted the importance of the environment as a vital public interest within the ambit of police power and general welfare on the level of local government units. Through this case, the Supreme Court was able to call on local government units to enact and implement rules to regulate acts that may create public health and environmental impacts.
Tano v. Socrates
The Supreme Court balanced two important values: (a) the right of subsistence fishermen in the utilization of the natural resources; and (b) the authority of the local government unit to protect marine resources