2. There is NO stopping Climate
Change.
The debate has shifted from whether or
not climate change is real, to the extent of
its impact, and on top of it, to how soon it
will affect us.
3. The state of the environment is a major
worldwide concern at present. Pollution—
the production of various greenhouse
gases (GHGs) in particular– is perceived as
a serious threat in industrialized countries,
while environmental degradation has
become a great impediment to progress in
the developing world.
4. 6 Ways Climate Change will
affect the Philippines
More intense el nino
Rising sea surface temperatures
Ocean acidification
Sea level to rise by 4 to 6 meters
Tropical cyclones to intensify
Rainfall, waterfall, and river flow to intensify
(http://www.rappler.com/nation/48599-six-ways-climatechange-affects-ph-cities)
5.
6. Erratic weather conditions, resulting in
increased typhoon intensities
Effect of the recent typhoon
Yolanda (Haiyan)
7. Massive floods in urban and rural areas
which result to billions in damage to
property, as well as fatalities.
10. Current efforts to address climate
change in the Philippines
Creation of the Climate Change Commission
Enactments of various laws by Congress, including the
amendment of the Climate Change Act. The latter establishes
a survival fund to provide long-term finance streams for
effectively addressing climate change (
http://www.rappler.com/move-ph/issues/disasters/44369-philippine-laws-and-decrees-on-climatechange)
.
Creation of the National Disaster Risk Reduction and
Management Council, and the streamlining of disaster
mitigation and response efforts from the lowest local
government units (barangays).
Establishment of environment courts by the Judiciary to hear
violations of environmental laws.
11. The Philippines, while not a major
contributor of GHGs (especially CO2),
will feel still the brunt of the negative
effects of Climate Change, it being a
developing county.
We lack the resources to cope
sufficiently with the said
disasters.
12. However, this does not mean that the
Philippines is not doing its part in
addressing the issue. In fact, the
Philippines has been an active
participant in climate change global
policy negotiations.
13. Lawyers can help out in the Climate
Change initiative by participating
actively in the drafting of policies and
laws that will govern activities in the
Philippines, the delivery of services, as
well as the mitigation and response
measures to natural disasters.
14. A.M. No. 09-6-8-SC
RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
In addition, lawyers can help pursue environmental law violators in the
so-called “environmental courts” established by the Supreme Court.
This administrative rules aim to:
a) To protect and advance the constitutional right of the people to a
balanced and healthful ecology;
b) To provide a simplified, speedy and inexpensive procedure for the
enforcement of environmental rights and duties recognized under the
Constitution, existing laws, rules and regulations, and international
agreements;
c) To introduce and adopt innovations and best practices ensuring the
effective enforcement of remedies and redress for violation of
environmental laws; and
d) To enable the courts to monitor and exact compliance with orders
and judgments in environmental cases.
15. Climate litigation is not a new concept, having been
discussed for decades already. Litigation relating to climate
change became a high priority for climate change advocates
and their clients after President Bush repudiated the Kyoto
Protocol. It became apparent (at least in the United States)
that reliance on the federal government was not going to
be sufficient for responding to climate change, on both
fronts of federal regulatory authority and international
diplomacy. It became a matter of putting the law into one’s
own hands so to speak.
[DAVID HUNTER, ET AL., INTERNATIONAL ENVIRONMENTAL LAW (3rd ed.).]
16. It won’t be easy to prosecute violators of
environmental laws in the Philippines.
However, one small step in the right direction is all it takes
to reach the ultimate goal of minimizing the country’s
carbon footprint, and assisting the Filipinos in coping with
the effects of climate change.
Prosecuting violators and penalizing them accordingly sends
a strong message that the Philippines’ justice system is one
with the rest of the world in trying to make the world a
better place to live in.
