Gov't asked to release list of non-environmentally acceptable products

MANILA, Philippines — The Court of Appeals (CA) has directed the government to issue a list of non-environmentally acceptable products (NEAP) within six months.

In a 44-page decision by the former tenth division Special Division of five promulgated last July 9, the CA asked the National Solid Waste Management Commission (NSWMC) and its member agencies to issue NEAP in compliance with the Ecological Solid Waste Management Act of 2000 or Republic Act 9003.

The appellate court also directed the NSWMC to review and update the NEAP list annually and to submit yearly progress reports on the NEAP's implementation to the court.

The CA issued the ruling granting the writ of kalikasan and continuing mandamus petitioned by environmental groups and advocates before the Supreme Court (SC) in November 2021.

Following the group’s petition before the SC, the high court referred the case to the CA “for acceptance of respondents’ submissions, hearing, and rendition of judgment.”

The writ of kalikasan is an "extraordinary remedy issued to stop whatever act is being done that is harmful to the environment or to compel the commission of certain protective acts."

According to the appellate court,  there is an unlawful omission on NSWMC's part as its failure to issue the list is required under the Ecological Solid Waste Management Act of 2000.

The appellate court stated that the NSWMC unlawfully omitted issuing the list, which is required by the Ecological Solid Waste Management Act.

"The violation caused by respondent NSWMC’s failure to formulate the NEAP list involves or will lead to an environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces," CA’s decision read. 

“There is no doubt that NEAPs, among other solid and hazardous wastes, pose a threat to the environment. The danger that NEAP poses is sufficiently grave, and its territorial scope reaches all corners of our nation,” it added.

Section 29 of the Ecological Solid Waste Management Act of 2000 mandates the NSWMC to issue a list of NEAP one year after the law’s effectivity.

However, the CA pointed out that it has been 20 years since the law was passed yet the commission has not yet issued a list despite the local governments already compiling their own lists of NEAPs.

"Moreover, it baffles the Court how, for more than 20 years, respondents refused to come up with a NEAP list when they admit that they have already identified several plastic items as NEAP.117 Per Resolution No. 1428, s. 2021, the DENR have already declared plastic soft drink straws and plastic coffee stirrers as NEAP," the court’s decision read.

“We do not think so. Respondents, particularly NSWMC, cannot be allowed to continue to drag their feet in complying with their statutory duty,” it added.

The CA added that the law does not mandate a comprehensive NEAP list but specifies that this list should be updated annually.