MANILA BAY CLEAN UP CASE Heard in the SUPREME COURT
Oral Argument Scheduled on
12 August 2008, Tuesday, 1:30 pm
In 1999, concerned residents of Manila Bay, led by former UP Law students, filed a quixotic legal action to compel the Philippine Government to clean up Manila Bay. The Petition was filed in the Regional Trial of Cavite against some 12 government agencies, including the Departments of Environment and Natural Resources (DENR), Interior and Local Government (DILG), Health (DOH), Budget (DBM), Education (DepEd), Philippine National Police (PNP), Coast Guard, and others. The action sought was to legally oblige them prepare a plan of action – complete with budget, tasking and timetable – to clean up Manila Bay. This 180,000-hectare body of water bounded by the Provinces of Cavite, Bataan, Bulacan, Pampanga and Metropolitan Manila, was in a state of heavy pollution.
On September 2002, the Regional Trial Court (RTC) of Cavite presided by then Judge (now COMELEC Commissioner) Lucenito Tagle rendered a Decision. The RTC ordered respondent government agencies to prepare a plan of action on how it will clean up Manila Bay.
The Government appealed the case to the Court of Appeals on the ground that the case is a political and policy question and is therefore not the proper subject of judicial intervention. In September 2005, the Court of Appeals upheld the decision of the Regional Trial Court and reiterated the Order the Philippine Government to clean up Manila Bay. In the intervening period, the Government prepared a detailed 25-year Manila Bay (Clean-Up) Operational Plan, complete with tasking, timetable, and indicative budget.
The case was again brought on appeal by the Philippine Government through the Office of the Solicitor General to the Supreme Court on a pure question of law – whether the issue is a 'political question' and is therefore not a proper issue to be addressed by a Court of Law. The petitioners have submitted a motion to declare the case moot because the Government had in fact already complied with the Decision by preparing an Action Plan. The petitioners are, however, asking the Court for something novel and unprecedented in the annals of Philippine legal history: They are asking the Court to monitor the implementation of the Action Plan under pain of contempt of Court. This will ensure that the Action Plan is actually implemented by any Administration that comes into power.
Durwood Zaelke, world-renowned Environmental Law Professor and Director of the Washington DC-based International Network for Environmental Compliance and Enforcement (INECE) called this another evolving landmark case of the Philippine Supreme Court. "This is one of the most important environmental law cases in the world because it will show the Court can play a role in the compliance and enforcement of Environmental Law. It will be recalled that the Philippine Supreme Court has made history in the global legal arena for being the first and only Supreme Court in the world to implement the principle of inter-generational responsibility. This principle states the basic truth that the present generation has the duty and responsibility to ensure that the life-support systems of the Earth (also known as the Environment) will provide for its services for future generations.
After almost 10 years of legal struggle, the case in now in the Supreme Court and the oral argument is scheduled on August 12, 2008, Tuesday, at 1:30 pm before the Supreme Court en banc. Representing the original petitioners Concerned Residents of Manila Bay are environmental lawyer Tony Oposa Jr. and trial lawyer Sigfrid Fortun. They will be joined by the original petitioners, former Environmental Law students of the UP College of Law who are now lawyers and the Philippine Bar Association. Representing the Government are the lawyers of the Solicitor General and the respective lawyers of the government agencies.
For other details, please contact:
Mr. Bonar Laureto
The Law of Nature Foundation
(632) 809-6122
<bonlaureto@thelawofnature.org>
Oral Argument Scheduled on
12 August 2008, Tuesday, 1:30 pm
In 1999, concerned residents of Manila Bay, led by former UP Law students, filed a quixotic legal action to compel the Philippine Government to clean up Manila Bay. The Petition was filed in the Regional Trial of Cavite against some 12 government agencies, including the Departments of Environment and Natural Resources (DENR), Interior and Local Government (DILG), Health (DOH), Budget (DBM), Education (DepEd), Philippine National Police (PNP), Coast Guard, and others. The action sought was to legally oblige them prepare a plan of action – complete with budget, tasking and timetable – to clean up Manila Bay. This 180,000-hectare body of water bounded by the Provinces of Cavite, Bataan, Bulacan, Pampanga and Metropolitan Manila, was in a state of heavy pollution.
On September 2002, the Regional Trial Court (RTC) of Cavite presided by then Judge (now COMELEC Commissioner) Lucenito Tagle rendered a Decision. The RTC ordered respondent government agencies to prepare a plan of action on how it will clean up Manila Bay.
The Government appealed the case to the Court of Appeals on the ground that the case is a political and policy question and is therefore not the proper subject of judicial intervention. In September 2005, the Court of Appeals upheld the decision of the Regional Trial Court and reiterated the Order the Philippine Government to clean up Manila Bay. In the intervening period, the Government prepared a detailed 25-year Manila Bay (Clean-Up) Operational Plan, complete with tasking, timetable, and indicative budget.
The case was again brought on appeal by the Philippine Government through the Office of the Solicitor General to the Supreme Court on a pure question of law – whether the issue is a 'political question' and is therefore not a proper issue to be addressed by a Court of Law. The petitioners have submitted a motion to declare the case moot because the Government had in fact already complied with the Decision by preparing an Action Plan. The petitioners are, however, asking the Court for something novel and unprecedented in the annals of Philippine legal history: They are asking the Court to monitor the implementation of the Action Plan under pain of contempt of Court. This will ensure that the Action Plan is actually implemented by any Administration that comes into power.
Durwood Zaelke, world-renowned Environmental Law Professor and Director of the Washington DC-based International Network for Environmental Compliance and Enforcement (INECE) called this another evolving landmark case of the Philippine Supreme Court. "This is one of the most important environmental law cases in the world because it will show the Court can play a role in the compliance and enforcement of Environmental Law. It will be recalled that the Philippine Supreme Court has made history in the global legal arena for being the first and only Supreme Court in the world to implement the principle of inter-generational responsibility. This principle states the basic truth that the present generation has the duty and responsibility to ensure that the life-support systems of the Earth (also known as the Environment) will provide for its services for future generations.
After almost 10 years of legal struggle, the case in now in the Supreme Court and the oral argument is scheduled on August 12, 2008, Tuesday, at 1:30 pm before the Supreme Court en banc. Representing the original petitioners Concerned Residents of Manila Bay are environmental lawyer Tony Oposa Jr. and trial lawyer Sigfrid Fortun. They will be joined by the original petitioners, former Environmental Law students of the UP College of Law who are now lawyers and the Philippine Bar Association. Representing the Government are the lawyers of the Solicitor General and the respective lawyers of the government agencies.
For other details, please contact:
Mr. Bonar Laureto
The Law of Nature Foundation
(632) 809-6122
<bonlaureto@thelawofnature.org>
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