Cebuano environmental heroes

The tragedies linked to Monterrazas, the Mananga River, the Butuanon River, and the Cotcot River should tell us our Cebuano political leaders, government bureaucrats, and contractors have failed us.

On one hand, there are despicable people in high places. On the other hand, there are a few stout-hearted men we can be proud of. Two illustrious Cebuanos, both Ramon Magsaysay Awardees, should stand as our great pride: former chief justice Hilario G. Davide, Jr. from southern Cebu and Antonio A. Oposa, Jr. from northern Cebu.

In times of anger and anguish, we should remind ourselves that it was a great Cebuano, from Colawin, Argao, Hilario Davide Jr., who penned the landmark Supreme Court decision in Oposa v. Factoran, filed on behalf of the young Filipinos, by another great young lawyer from Cebu, Antonio Oposa Jr., president of The Law of Nature Foundation and a multi-awarded environmentalist, in fact, one of Asia's icons for the protection of the planet.

Davide's legal masterpiece started with an eloquent declaration: "In a broader sense, this petition bears upon the right of Filipinos to a balanced and healthful ecology which the petitioners dramatically associate with the concepts of 'inter-generational responsibility' and 'intergenerational justice. Specifically, it touches on the issue of whether the said petitioners have a cause of action 'to prevent the misappropriation or impairment' of Philippine rainforests' and arrest the unabated hemorrhage of the country's vital life support and continued rape of Mother Earth.”

These admonitions should have touched the hearts of the contractors, especially the incumbent congressman of the 2nd District who is well-known as a contractor himself, as well as the former congressman of the 7th District and his wife who is the incumbent, and who are both friends of a famous contractor from Dumanjug. Davide reminded us in the case of Oposa v. Factoran that the Philippines is an archipelago of 7,100 islands with an area of 30 million hectares and endowed with rich, lush and verdant rainforests which are the natural habitats of many unique and rare species of flora and fauna.

Oposa's petition, as described by Davide, reminded us that our rainforests contain a genetic, biological and chemical pool which are irreplaceable. They are also the habitat of indigenous Philippine culture which have existed, endured, and flourished since time immemorial. The Davide decision also stressed that scientific evidence reveals that in order to maintain a balanced and healthful ecology, the country's land area should be utilized on the basis of a ratio of 54% for forest cover and only 46% for development in agriculture, residence, industry, and commerce.

Filipinos, especially the Cebuanos, should read the Davide decision on the Oposa petition. Davide decried that the man-made distortions and undue human disturbances of nature, as a consequence of deforestation, have resulted in a host of environmental tragedies, such as a.) Water shortages as a result of drying up of the water table or "aquifer", as well as of rivers, brooks and streams, b.) Salinization of the water table resulting from the intrusion of salt water, incontrovertible examples of which may be found in the islands of Cebu and the municipality of Bacoor, Cavite,

The landmark decision also bewailed the c.) Massive erosion and the consequential loss of soil fertility and agricultural productivity with volumes of soil eroded estimated at one billion cubic meters per annum, which was approximated like the size of the whole island of Catanduanes, d.) The endangerment and extinction of unique, rare and varied species of flora and fauna. Oposa's case before the Supreme Court also expressed outrage at man's reckless devastation of the environments as shown in e.) The disturbance and dislocation of cultural communities and the consequential disappearance of the Filipinos' indigenous cultures.

Davide also upheld Oposa's denunciation of the siltation of rivers and seabed and the resulting destruction of corals and other aquatic life, leading to a critical reduction in marine resource productivity, g.) Recurrent spells of drought as is presently experienced by the entire country, h.) Increasing velocity of typhoon winds due to the destruction of mountains and their forests as windbreakers, i.) The flooding of lowlands and agricultural plains arising from the absence of absorbent mechanisms of forests and natural vegetation.

This column doesn’t have enough space or time to discuss in its totality this landmark decision by a Ramon Magsaysay awardee, former chief justice Hilario G. Davide, Jr which resolved the case filed by another Magsaysay awardee, Antonio A. Oposa, Jr.