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SC rushes promulgation of rules for writ of kalikasan

abs-cbnNEWS.com | 01/31/2010 6:41 PM

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MANILA, Philippines - The Supreme Court (SC) is now rushing the promulgation of the
rules governing the issuance of the "writ of kalikasan," which is expected to hasten the
resolution of environmental cases.

Speaking before members of Philippine-Australian Alumni Association Inc. (PA3i) on

transformational leadership last Friday, Chief Justice Reynato Puno said he is hoping to
leave the writ of kalikasan, which will involve cases involving the protection and
preservation of the environment, as part of his legacy when he retires on May 17.

Puno was also instrumental in the adoption of the writ of amparo and the writ of habeas
data in the country's legal system, which, together with the writ of habeas corpus,
completed the citizens' legal armory against extrajudicial killings and disappearances and
other forms of human right violations.

The SC committee on the revision of the Rules of Court, which Puno chairs, is now on its
second draft of review of the Rule of Procedure for Environmental Cases. He said he
expects the promulgation of the Rule within two months.

He added that the writ of kalikasan will be the equivalent of the writ of habeas corpus or
of the writ of amparo in terms of addressing ecological cases.

"There will be a radical paradigm shift with the way [environmental] cases are being
prosecuted. We've examined the best practices in the world," Puno added.

The adoption of a writ of kalikasan was an offshoot of the multi-sector forum on

environmental justice conducted April of last year in Baguio City where the chief
magistrate identified three main issues that affect the prosecution of environmental cases.
Among these issues, he said, is whether to relax the rule on "locus standi" to encourage
more citizens to file suits involving violations of the country's environmental laws; the
delay in the disposition of pending environmental cases; and the problem of procuring
evidence and crafting effective remedies.

During the forum, Puno noted that the pending environmental cases has already reached
3,000. This was despite the creation of 117 environmental courts in 2008.

These cases involve violations of the laws on mining, forestry, marine, fisheries, wildlife,
waste management, toxic substances, and hazardous waste.

Among the laws involving the environment are the Revised Forestry Code (Presidential
Decree No. 705), Marine Pollution (PD 979), Toxic Substances and Hazardous Waste
Act (Republic Act No. 6969), People's Small-Scale Mining Act (RA 7076), National
Integrated Protected Areas System Act (RA 7586), Philippine Mining Act (RA 7942),
Indigenous People's Rights Act (RA 8371);

Philippine Fisheries Code (RA 8550); Clean Air Act (RA 8749), Ecological Solid Waste
Management Act (RA 9003), National Caves and Cave Resources Management Act (RA
9072), Wildlife Conservation and Protection Act (RA 9147), Chainsaw Act (RA 9175),
and Clean Water Act (RA 9275).

Puno stressed that the right to a healthy environment is mandated by Section 16, Article
II of the Constitution which provides 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."

The chief justice also pushed for the enhanced implementation of the Justice on Wheels
(JoW) program to give less fortunate people more access to justice.

"I'm the one in charge, as chairman of the Committee of Revision of the Rules of Court.
But this has to be approved by the Court en banc. We hope we can do this in one or two
months' time. I hope to leave this as part of my legacy as a Chief Justice," Puno told
reporters.

as of 01/31/2010 6:41 PM