On Environmental Degradation

REMORSELESS environmental degradation is one of the worst challenges threatening the Philippine economy, the national life and its future. The rape of the environment destroys finite natural resources, defaces communities and erodes the quality of life. It has the potential to kill businesses big and small, wipe out industries and dislocate people. The threat to public health is immense. The losses to productivity are incalculable. Alarming are the implications for public safety. A country beset by an endangered environment is anathema to foreign investors, tourists and casual visitors.

Day by day, a part of the country on almost every island is being violated by greedy businessmen, inconsiderate citizens and ravenous aliens. Our waters, air, natural wealth and other facets of the environment are constantly under siege. A World Bank report estimates the economic cost of water pollution at P67 billion a year. A second WB study says the yearly economic losses from air pollution to health and productivity in the metropolitan Manila region alone reaches P350 million.

One should read the other reports of the international and national organizations on illegal logging, overfishing, the destruction of corals and other such stupidities to appreciate their extent, the cast of villains, the irresponsibility of government, their costs to the economy and what they portend for our future.

Part of the problem is poor enforcement of environmental laws. Policing, monitoring and supervision are lax. Arrests are few and prosecution is limp. And the courts are not only handicapped by vacancies and backlogs: the judges also give low priority to violations of environmental laws, giving weight to criminal and civil cases.

We need to draw the line and declare an uncompromising war on the predators or we lose much of our finite resources and leave very little to the succeeding generations. The Supreme Court has realized the danger and has acted. The High Court has approved the creation of 117 environmental or “green” courts to speed up trials related to violations of environmental laws. The Court acted on the recommendation of the Philippine Judicial Academy to create environmental courts as one of the options to expedite adjudication. Data from the Academy show that 3,120 cases are pending in the lower courts for infringement of environmental legislation.

To strengthen its program, the Court shall conduct capacity-building and training programs for the staff of the lower courts and appellate courts. The Puno Court has designated 45 lower courts as Forestry Courts. Forty-eight first-level courts and 24 second-level trial courts will handle cases involving violations of Republic Act 8550, the Fisheries Code, and RA 7586, the National Integrated Protected Areas System Act of 1992.

All single-sala first and second-level courts shall be considered special courts to hear and decide environmental cases, in addition to their regular duties. First-level courts are the Municipal Trial Courts, Municipal Circuit Trial Courts and Municipal Trial Courts in Cities. Second-level courts refer to Regional Trial Courts. This places the entire judiciary on the frontline for environmental safety. Chief Justice Reynato Puno said in a speech last year before the Asian Justices Forum on the Environment that having a sound and healthy environment is a basic human right. Under his leadership, the Supreme Court regained its prestige, influence and power as an activist sala and as a proactive arm of the national government. Among its achievements in 2007 were the first national summit on summary killings, landmark decisions on controversial Executive orders and the introduction of the writ of amparo for victims of enforced disappearances.

For the first time, the courts will give environmental protection higher attention, running after violators, dispensing justice and making public officials accountable. The courts suffer however from a shortage of salas and judges. The program calls for greater initiatives from local governments and the citizens.