Environmentalists are rejoicing after the Supreme Court made good on its promise to come up with rules that would govern the prosecution of cases that involve the protection and preservation of the environment. Dubbed as the “green rules, the SC’s “Rules of Procedure for Environmental Cases” is the first of its kind in the world – a lasting legacy that Chief Justice Reynato Puno has every reason to be proud of since it strengthens environmental justice and bridges the gap between environmental laws and their enforcement.
Among the biggest obstacles had been stringent requirements for litigation plus the lack of courts to address environmental cases that have resulted in enormous delays. But Chief Justice Puno had been steadily working to address these obstacles, designating “green courts” in 2008 to resolve some 3,000 cases that have to do with violations of environmental laws involving marine pollution, indigenous peoples’ rights, wildlife conservation and the like.
Environmentalist-lawyers naturally hailed the promulgation, calling it “one of the greatest gifts not just to Filipinos and the future of generations... but to our climate-challenged planet as well.” Among the highlights of the Rules include the “writ of kalikasan” which contains specific sets of remedies that concerned parties can avail of to prevent any entity from harming or damaging the environment through the issuance of an order from the court which does away with expensive litigation because it facilitates the speedy disposition of cases.
Perhaps one of the most encouraging aspects of the promulgation is the “citizen suits” that allow litigants claiming environmental rights to file their cases as citizen suits and therefore are not required to pay filing fees until after judgment has been rendered. The Chief Justice said the new writ incorporates some of the best practices in the world in terms of handling cases that involve the environment, and is confident that this will pave the way for a “radical paradigm shift with the way (environmental) cases are being prosecuted.”
People like Liberal Party senatorial candidate Neric Acosta, Nacionalista Party vice presidentiable Loren Legarda and even presidential candidate Nick Perlas who are batting for stronger laws to protect the environment and preserve the biodiversity of our resources may seem to be ahead of their time. But actually, the issue of environmental protection, global warming, climate change and disaster risk management are immediate concerns today because their impact are already being felt. Hopefully, this landmark SC promulgation will open the eyes of Filipinos and awaken them to the reality that environment-related issues can no longer be placed in the backburner, judging from the spate of natural disasters that are afflicting countries all over the world. Just take for instance the eruption of Eyjafjallajokull in Iceland which has also focused attention on the possibility of more volcanic eruptions occurring in the frozen regions of Alaska, Patagonia and Antarctica due to global warming and climate change. Global warming melts ice above volcanic rocks, thereby removing a vast pressure from above, which can lead to increased magma generation deep below the ground and trigger more volcanic eruptions.
The volcanic eruption has wreaked havoc in Europe, forcing airlines to cancel flights due to the danger posed by volcanic ash traveling at high altitudes. Aside from the thick ash clouds affecting visibility, a bigger danger is the fact that volcanic ash can congeal in the turbines and cause engine failure. More than 63,000 flights have been cancelled, paralyzing operations in more than 300 airports and 23 countries in Europe - with the situation described as “worse than 9/11” when flights to the US were suspended for three days after the terrorist attack in New York City’s World Trade Center. Although several airlines are appealing for the lifting of flight restrictions, authorities say they would rather not compromise on safety especially with the unpredictable behavior of the volcano since it can pose untold risk to aircraft.
One horrific example of a near air disaster was right after the eruption of Mt. Pinatubo in 1991 (said to be the second largest eruption in the 20th century and which spewed sulfuric acid into the stratosphere). A Philippine Airlines flight 45 minutes away from landing at the Honolulu Airport plunged 10,000 feet in less than a minute due to volcanic ash that settled inside the four engines of the aircraft. One of the passengers was businessman Bolo Tuason – who told me about his harrowing experience first-hand. By some miracle, the engines revved up again at 20,000 feet – a close call for all 300-plus terrified passengers.
The flight disruptions caused by the recent volcanic eruption have resulted in enormous losses to the airline industry, estimated at $200 million a day. Although trucking companies, buses, taxis and trains are doing brisk business delivering goods and ferrying stranded passengers, flowers, food and other perishable items are rotting in a lot of warehouses. Worse, the forced shutdowns necessitated the temporary layoff of workers. But a big concern especially among farmers in Iceland is the possibility that animals may die from ingesting toxic ash from the volcano. Experts say the fluoride content in the ash can cause internal hemorrhages, long-term bone damage and teeth loss. Of course, there’s the possibility that long-term exposure to volcanic ash can pose the same health risks to humans.
Volcanic eruptions, earthquakes, hurricanes, snowstorms, floods, droughts - all these are nature’s way of calling the attention of people to the fact that they have long neglected the environment that may in fact be dying. This country has been blessed with a lot of natural resources – and it’s time for everyone to take the issue of environmental protection and preservation seriously, for nature’s health is really our country’s wealth.
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Email: babe_tcb@yahoo.com