2nd Roundtable Discussion of ASEAN Chief Justices on

Environment 2012

Ayer Keroh, Melaka, MalaysiaDecember 7-9, 2012

SESSION 6: Common Challenges for ASEAN

Justices: Key Legal Issue # 1: The Issue of Locus Standi in Environmental

Cases

Presentor:

SUPREME COURT OF THE PHILIPPINES

The 1987 Constitution of the Republic of the Philippines

Article IIDeclaration of Principles and State Policies

Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful

ecology.

Oposa, et al. v. Factoran, Jr., et al.

(G.R. No. 10108, 30 July 1993)

“Such a right (under Sec. 16, Art. II, 1987 Constitution) belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation – aptly and fittingly stressed by petitioners – the advancement of which may even be said to predate all governments. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind.”

Rulings on Locus Standi in ordinary cases

Chavez v. Judicial and Bar Council, et al. (G.R. No. 202242,

17 July 2012)

United Church of Christ of the Phils. v. Bradford United Church of Christ, Inc., et al. (G.R. No. 171905, 20 June 2012)

Bayan Muna, et al. v. Romulo, et al. (G.R. No. 159618,

01 February 2011)

Rulings on Locus Standi in environmental cases

Oposa, et al. v. Factoran, Jr., et al. (G.R. No. 10108, 30 July 1993)

MMDA, et al. v. Concerned Residents of Manila Bay, et al. (G.R. Nos. 171947-48, 18 December 2008)

Boracay Foundation, Inc. v. The Province of Aklan, et al. (G.R. No. 196870, 26 June 2012)

Resident Marine Mammals of the Protected Seascape Tanon Strait, et al. v. Secretary Angelo Reyes, et al. (G.R. No. 180771, 24 April 2012)

Designation of Special Courts to hear, try and decide environmental cases

Administrative Order No. 23-2008 dated 28 January 2008

• 117 first and second level courts designated special courts for environmental cases

• All single sala first and second level courts are considered special courts for environmental cases

Rules of Procedure for Environmental Cases

Administrative Matter No. 09-6-8-SC dated 13 April 2010

Who may file cases:

• Civil Cases – (a) any real party in interest, including the government and juridical entities authorized by law, may file a civil action involving the enforcement or violation of any environmental law; and (b) any Filipino citizen in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under environmental laws

Continuation of Administrative Matter No. 09-6-8-SC dated 13 April 2010

Who may file cases:

• Criminal Cases – any offended party, peace officer or any public officer charged with the enforcement of an environmental law may file a complaint before the proper officer in accordance with the Rules of Court

Concluding RemarksThus, we end with the proposition that locus standi

in Environmental Cases in the Philippines is tilted in favor of advocates and legitimate parties for the preservation of our environment and of Mother Earth.

Thank you and best wishes to

everyone.