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UNRELENTING 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.
The Chief Justice is The Manila
Times Man of the Year. 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.
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