The basis of the Writ of Kalikasan rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 Constitution, which states that, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”.
This new rule, The Rules and Procedures on Environmental Cases, (A.M. No. 09-6-8-SC) came to life under the leadership of Retired Chief Justice Reynato Puno, a judicial environmental activist who is commended for taking a bold step in protecting our environment. These Rules and Procedures on Environmental Cases will be the weapon of environmental activists in combating these politicians, the military and in most cases businessmen, who take advantage of their positions to favor these unwanted nature robbers and collect dirty money of huge sums from the unlawful exploitation and exploration of our natural resources.
The Writ of Kalikasan may be availed of individually and cumulatively and it may include the issuance of a Temporary Environmental Protection Order (TEPO) in cases when there is an extreme urgency and/or the applicant may suffer grave injustice or irreparable injury.
The very purpose of the Writ of Kalikasan is to protect the rights of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation that may involve an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities of provinces.
Citing Section 15 of Rule 8 under the same Rules, the following are the reliefs that may be granted under the writ:
a) Direct respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental destruction or damage;
(b) Direct the respondent public official, government agency, private person or entity to protect, preserve, rehabilitate or restore the environment;
(c) Direct the respondent public official, government agency, private person or entity to monitor strict compliance with the decision and orders of the court;
(d) Direct the respondent public official, government agency, or private person or entity to make periodic reports on the execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection, preservation, rehabilitation or restoration of the environment, except the award of damages to individual petitioners.
Considering the above-mentioned reliefs and the extent of protection the Writ of Kalikasan have, it cannot be denied that it plays a vital role in protecting our environment. The protection and preservation of our environment is an intergenerational responsibility, hence, everybody should take that first step and be an environmental activist.
The rampant smuggling of corals, the deliberate destruction of marine life, the continuing ignorance of others in the importance of preservation and protection of our natural resources is alarming. Remember, our life on earth is interconnected that we are but one loose thread tied at the end so that no one will be left behind, hence, when one is damage, all will crumble down.
References:
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
A.M. No. 09-6-8-SC
Supreme Court
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