green court in the islands. facts about the philippines archipelago of 7,107 islands luzon, visayas,...
TRANSCRIPT
GREEN COURT IN
THE ISLANDS
Facts about the Philippines
• Archipelago of 7,107 islands
• Luzon, Visayas, Mindanao
• Total population in 2007 was 88.57 million
Bantayan Group of Islands, Petitioner
• Northwestern portion of Cebu in the Visayas
• Declared as a protected area
• Joined by residents, taxpayers and citizens
• with an enforceable “right to a healthful and balanced ecology for the protection of the natural and national patrimony”.
Department of Environment and Natural Resources and Officers, Respondents
• Patrimonial malpractice
• Failure to enforce the National Integrated Protected Areas System Act of 1992 (NIPAS Law), the Water Code (PD 1067) and laws that delineate the recreation and salvage zone.
• Failure to promulgate a Management Plan
• Patrimonial malpractice
• Failure to enforce the National Integrated Protected Areas System Act of 1992 (NIPAS Law), the Water Code (PD 1067) and laws that delineate the recreation and salvage zone.
• Failure to promulgate a Management Plan
Application for temporary restraining order
• To prohibit the Department of Environment and Natural Resources from issuing Environmental Compliance Certificates
• Denied• “Causal relation between the damage to
plaintiff and the acts of complained of requires a hearing on the merits”
• Ocular inspection was considered
The ocular inspection on May 18, 2009The ocular inspection on May 18, 2009
• Santa Fe, Bantayan Island
• List of Individuals/Companies With Structures Within the Easement Zone
• Pictures of the inspected sites, which were beach resorts to capture the conditions outside the establishments vis-à-vis the seashore
PD 1067 - The Water Code of the Philippines
“The banks of rivers and streams and the shores . . . throughout their entire length and within a zone of 3 meters in urban
areas, 20 meters in agricultural areas and 40 meters in forest areas, along their
margins subject to the easement of public use . . . of recreation, navigation, floatage,
fishing and salvage.”
Writ of preliminary mandatory injunction was granted.
• No Rules of Procedure for Environmental Cases yet.
• Public respondents enjoined from processing and approving applications for Environmental Compliance Certificates to constructions and projects in Bantayan Island.
• To clear the 20-meter margin of the seashores in the beach resorts within 60 days
• To conduct inspection sites of the shores around the Island
• To document structures or constructions that violate the 20-meter easement zone
• To submit the pertinent Report
Partial judgment with pictures
Intervention was denied.
• No legal interest
• Issue on whether the environmental laws in Bantayan Island have been enforced, a matter addressed only to public respondents.
• Ruling in MMDA, et. al. vs. Concerned Residents of Manila Bay, et. al., G.R. 171947, December 18, 2008
Order became final.
• Department of Environment and Natural Resources did not question the order
• Readiness to fulfill responsibility
• Writ of execution was issued
THANK YOU FOR YOUR ATTENTION
JUDGE MARILYN LAGURA-YAP
Regional Trial Court
Branch 28, Mandaue City
Philippines