What the Law says

What the law says

The laws are made to protect the people –

The people themselves must make sure that the laws are implemented.

The foundation is the Constitution of the Republic of the Philippines.

THE PEOPLES RIGHT TO A CLEAN ENVIRONMENT

Section 16. 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.

THE PEOPLES RIGHT TO EQUAL TREATMENT

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

THE PEOPLES RIGHTS AT THE BARANGAY LEVEL

SECTION 391. Powers, Duties, and Functions. – (a) The Sangguniang Barangay, as the legislative body of the Barangay, shall:

Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein;
Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government

THE PEOPLES RIGHT TO CLEAN AIR

R.A. No. 8749, Clean Air Act

Section 1. Declaration of Policy. – It is the policy of the State to protect and advance the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

It is also the policy of the State to attain and maintain a balance between development and environmental protection.

Section 3. Scope – These Rules shall lay down the powers and functions of the Department of Environment and Natural Resources, the Department of Transportation and Communication, the Department of Trade and Industry, the Department of Energy and all other concerned agencies, the rights and obligations of stakeholders and the rights and duties of the people with respect to the Air Quality Management and Control Program.

Section 4. Construction. – These Implementing Rules and Regulations shall be liberally construed to carry out the national policy of balancing development and environmental protection through the pursuance of the framework of sustainable development. Sustainable development shall refer to development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

Finally, it is the policy of the State to maintain a quality of air that protects human health and welfare.

P.D. No. 1151, Philippine Environmental Policy of 1977; P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Related Measures and for Other Purposes; R.A. No. 6969, Toxic Substances and Hazardous Waste Act; R.A. No. 9003, Ecological Solid Waste Management Act; R.A. No. 9275, Clean Water Act R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the conservation, development, preservation protection and utilization of the environment and natural resources.

PRESIDENTIAL DECREE No. 1586

Subject: ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES

Section 2. Environmental Impact Statement System. – There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including government owned or controlled corporations, as well as private corporations, firms and entities for every proposed project and undertaking which significantly affect the quality of the environment

THE PEOPLES RIGHT TO ENVIRONMENTAL PROTECTION SUPREME COURT DECISION

http://www.chanrobles.com/scdecisions/rulesofcourt/2010/am_09-6-8-sc_2010.php

Rules of Procedure for Environmental Cases Act; R.A. No. 8048, ….and other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.

Section 3.cra law Objectives. – The objectives of these Rules are:

(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.

FURTHERMORE;

(c) Continuing mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied.

(d) Environmental protection order (EPO) refers to an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment.

(g) Strategic lawsuit against public participation (SLAPP) refers to an action whether civil, criminal or administrative, brought against any person, institution or any government agency or local government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights.

RULE 2 PLEADINGS AND PARTIES

Section 2.Prohibited pleadings or motions. — The following pleadings or motions shall not be allowed: (c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15) days;

THE PEOPLES RIGHTS TO HEALTH

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

THE PHILIPPINE CONSTITUTION