Tuesday, November 23, 2010

Isang Hakbang sa Pagtataguyod ng Adbokasiyang Pangangalaga sa Kalikasan

Richard A. Policarpio


Gaya ng linya na inawit ni Ginoong Noel Cabangon: lumilipas ang panahon, kabiyak ng ating gunita, ang mga puno't halaman bakit kailangang lumipas?

Bakit? Bakit nga ba kailangan pang mamaalam ng ating inang kalikasan? Hindi lamang puno at halaman, hindi lamang mga yamang-hayop sa ibabaw ng lupa o ng mga yaman na nasa ilalim ng dagat ang nanganganib na mawawala kapag pinagpatuloy natin ang pang-aabuso at di pagpansin  sa mga biyayang kaloob sa atin ng DIOS, dahil matapos nila.. tayong mga tao naman ang maaaring sumunod...

Hihintayin pa ba natin na tayong mga tao naman ang unti-unting maglalaho? Papaano na ang kinabukasan mo, at ng iyong mga anak, at ng mga susunod pang henerasyon? May umaga pa kaya silang masisilayan?

Ika-21 sa buwan ng Nobyembre taong kasalukuyan, Linggo. Alas-dos pa lamang ng madaling araw ay buong pananabik na akong gumayak kasama ng isang kaibigan upang tumungo sa Mc Kinley Hill, Taguig kung saan idaraos ang "Run a Million Hectare Challenge- isang funrun/fund raising event ng HARIBON FOUNDATION para sa kanilang mga proyektong pangkalikasan. Eksakto alas kwatro ng umaga nang kami ay nakarating sa nasabing lugar.

Ang HARIBON ay isang lokal na organisasyon dito sa Pilipinas na isinusulong ang adbokasiya na ipagtanggol ang kalikasan laban sa mapanirang gawa ng mga tao, kumpanya o sinumang indibidwal na walang patumanggi sa pagsira sa kalikasan.

Layunin ng Haribon ang mapangalagaan ang kalikasan lalo na ang mga "endemic species" na sa ating bansa lamang matatagpuan. At ito ngang araw na ito ay nagkaroon sila ng takbo para sa kalikasan na nilahukan ng mga kabataan- estudyante at propesyonal, ahensya ng gobyerno gaya ng Philippine Coast Guard at iba pang may kilalang pangalan tulad na lamang ng HOST/TV News reporter na si Miss Susie Entrata ng Unang HIrit (GMA-7) kasama ang kanyang anak- sila'y masayang nakitakbo at bukas ang loob sa pagsuporta sa proyektong ito ng HARIBON. Hindi ba't nakakatuwang makita na kahit ano pa ang estado ng isang tao sa kanyang buhay-- ang mahalaga ay may bukas na kaisipan sa kahalagahan ng kalikasan
at may pagmamahal sa kanyang kapaligiran.

Kami, bilang kabahagi sa gawaing ito, ay nagboluntaryo upang maging mga "waterboys" o taga bigay ng tubig sa mga "runners" ng 3K, 5K at 10K. Sa unang tingin, medyo nakakailang ang aming magiging ganap  (ito ay base sa aking personal na nararamdaman) subalit bigla itong napalitan ng pananabik at galak ng nandoon na kami mismo sa  naturang field na paggaganapan ng takbuhan.

Si Ian, ang aking kaibigan na syang pasimuno kung bakit ako ay na-involved sa ganitong gawain ay nagmamadaling inayos ang lamesa at pinuno nito ang mga cups. Isa-isa namin itong inihalera sa lamesa at sinalinan ng tubig at baka sakaling magsimula na  nga ang takbuhan ay handa na kami sa mga pulutong ng mga runners na dadaan sa aming water station. Kasama nga din pala namin sa station ang aming bagong kakilala at kaibigan na rin na si Ate Jhe-el. Masasabi naming higit kaming  pinagpala dahil siya ang aming nakasama dahil siya pala ay isa mismo sa staff ng HARIBON.

Buong saya syang nakipagkwentuhan sa amin, nagbahagi ng  kanyang mga kaalaman tungkol sa kanilang organisasyon at sa mga magagandang layunin nito na ipagtanggol at pangalagaan ang kalikasan. Sa kanya din namin natutunan na ang HARIBON ay maaga nang naitatag noon pa mang taong 1972 at nagsimula bilang samahan na nag-aaral tungkol sa mgaspecies ng iba't  ibang ibon sa pamamagitan ng "birds watching" at nang kalaunan ay lumawak pa ito at ngayon ay sumasaklaw na rin sa mga usaping "climate change", "diving activities", planting trees/nursery/seedlings, photography at iba pa.

Marami pa syang kaalaman na ibinahagi sa amin.

Ganap na alas 6:00 ng umaga, narinig na ang pagputok ng baril- indikasyon na nagsimula na ang takbuhan! Magkahalong kaba at pananabik ang naramdaman naming tatlo dahil kami ang unang water station na daraaanan ng mga magsisipagtakbo. At ito na nga! Hindi mapatid patid na pulutong ng mga runners ang dumaraan sa amin.

Salin dito! Salin doon! Totoong nakakapagod ang magsalin at magsalin pa ng tubig dahil hindi naman nauubos ang bilang ng mga taong tumatapat sa amin upang uminom. subalit hindi totoong pagod ang aming naramdaman dahil ibayong saya ang kapalit sa bawat basong aming nasasalinan at naabutan ng tubig.

Napalitan ng saya at tuluyan nang nangibabaw ang galak na makatulong sa mga mananakbo na pawiin ang kanilang mga uhaw. Sa totoo lang, ipinagmamalaki namin na kami, sa ganitong simple at maliit na paraan ay gumanap naman ng isa sa pinakamalaking bahagi ng HARIBON. Ang maging mga taga-abot o taga-bigay ng tubig.

Natapos na nga ang takbuhan bago pa man mag alas 9:00 ng umaga.Bumalik na kami sa pinaka- homebase ng programa at kami ni Ian ay nagkaroon ng pagkakataon para makilala ang iba pang miyembro ng organisayon sa tulong na rin ni Ate Jhe-el na lehitimong kasapi ng samahan.

Nakilala namin sina Denise at Lei mga aktibong kabataan ng Haribon. Buong giliw silang ngumiti, nakipag-usap at nag-imbita na rin sa amin para maging kasapi. Syempre positibo namin itong tinanggap pero hindi muna kami nagparehistro. Subalit  bilang tugon sa kanilang paanyaya ay nag-fill up na lang kami sa isang form kung saan ay may gawain o proyekto na naman silang gaganapin sa isang buwan, Disyembre 11, 2010. Ito ay ang pag-aalaga sa malilit na halaman (nursery/seedlings) bago ito tuluyang itanim. Sa Caliraya, Laguna ito nakatakdang ganapin. At sana ay makadalo pa rin kami.

Bago pa man kami magpaalam sa mga organizers, isang realidad na naman ang aming natutunan. Hinding hindi namin hahayaan na lumisan ang mga puno, halaman o ang mga hayop. Sabi nga ni Ate Jhe-el: ang mga endemic species ang isa sa mga indikasyon para masabi kung healthy pa ba ang ating kalikasan, at kapag nawawala na sila, ibig sabihin nasa panganib na ang ating kalikasan, at di magtatagal, tayong mga tao naman ang susunod. Ginagawa namin ito hindi na para sa aming henerasyon, dahil may mga edad na rin kami, ginagawa naming ito kundi para sa inyong mga kabataan at sa mga magiging anak at mga apo niyo pa.

Nakaka-inspire hindi ba? Kaya walang dahilan para hindi kami magpatuloy sa mga ganitong gawain. Nakatatak nga na tagline sa aming mga damit na suot: this is more than running.. Nararapat na ibalik din natin sa kalikasan ang nararapat na pangangalaga at proteksyon.
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First ever “Writ of Kalikasan” filed in CA vs. MERALCO

By Atty Harry Roque
http://harryroque.com/
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In the first ever case for the issuance of a writ of kalikasan, residents of Pasay and Makati are seeking the dismantling of electricity transmission poles and lines near their houses.

The residents of Barangay 183 in Villamor, Pasay City and Magallanes Village in Makati City filed their petition before the Court of Appeals, arguing that the erection of electricity poles carrying 115-kilovolt transmission lines near their residences was cleared by their barangay officials without consulting them and without studying the possible adverse effects of the lines to their health.

The petitioners are citing scientific studies that have shown that the energy produced by the electricity running through the lines will bring hazardous effects to the health and safety of the people living nearby.
Atty. Harry Roque, counsel for the petitioners, said that the local government officials failed to comply with the legal requirements in the construction and installation of these structures.

“Under Article II, Section 15 and 16 of the Constitution, they have a duty to protect and promote the right of the people to good health and balanced ecology,” said Roque. He added that the failure to conduct prior public consultation is a violation of Section 27 of the Local Government Code.

As an injunctive measure, the petitioners have asked the Court of Appeals to issue a Temporary Environmental Protection Order (TEPO), which is a feature introduced by the new Rules of Procedure for Environmental Cases (AM No. 09-6-8-SC), under which their petition was filed. A TEPO will prohibit the further installation of new poles and transmission lines while the case is pending with the court.
AM No. 09-6-8-SC, which governs the issuance of the writ of kalikasan, was promulgated early this year to hasten the resolution of environmental cases.

HERE’S the text of the Petition:

Republic of the Philippines
COURT OF APPEALS
Manila
GEMMA C. DELA CRUZ, FIDEL E. AMOYO, VIOLETA M. CRUZ, ZENAIDA C. MANGUNDAYAO, ANDRES M. COMIA, MARJORIE N. PABLO, MARIA TERESITA R. CANON, JOEL JULIUS A. MARASIGAN, GINALYN V. CACALDA, BABY LYNN E. TAGUPA, LYDIA B. RAYOS, JESUS R. PUENTE, JACINTO R. RICAPLAZA, ARMANDO P. PADILLA, FLORENTINO MARTINEZ, MARIE AMELITA R. MICIANO, LYDIA R. MICIANO, MA. LOURDES U. LACSON, JUAN CARLOS C. GAON, MA. BLEZIE C. GAON, AUREA A. PARAS, REMEDIOS Z. MORENO, MARIA JUANA N. CARRION, ALICIA K. KATIGBAK, JEDEDIA M. TUMALE, VICENTA M. MORALES, REYNALDO G. MARQUEZ, MARIA LUISA V. GORDON, NOEMI M. GOMEZ, MARIA CHRISTINA D. RIVERA, CATHERINE D. ROMERO-SALAS, MERCEDITA O. BELGADO, REV. FR. EDWIN EUGENIO MERCADO, MA. CONCEPCION M. YABUT, REYNALDO Z. SANTAYANA, ANGELO D. SULIT, ALFREDO A. GLORIA, JR., MICHAEL L. DE JESUS, JUSTIN MARC CHIPECO, KAREN HAZEL GANZON and JIMMY FAMARANCO,
Petitioners,
- versus – CA-G.R. SP. NO. ________________
(Petition for Writ of Kalikasan with prayer for Temporary Environmental Protection Order [TEPO])
MANILA ELECTRIC COMPANY (MERALCO), BARANGAY CHAIRMAN CESAR S. TOLEDANES, in his capacity as Barangay Chairman of Barangay 183, Zone 20, Villamor, Pasay City, BARANGAY COUNCIL OF BARANGAY 183, ZONE 20, VILLAMOR AIR BASE, PASAY CITY, RUTH M. CORTEZ, RICARDO R. DIMAANO, LEONARDO A. ABAD, NORMITA CASTILLO and AMANTE C. CACACHO, in their capacity as Members of the Barangay Council of Barangay 183, Zone 20, Villamor, Pasay City and MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA),
Respondents.
x————————————————–x
PETITION FOR WRIT OF KALIKASAN
WITH PRAYER FOR THE ISSUANCE OF A TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
Petitioners, through the undersigned counsel, and to this Honorable Court, respectfully state that:
PREFATORY STATEMENT
1. What use will modernization serve if it proves to be a scourge on an individual’s fundamental right, not just to health and safety, but, ostensibly, to life preservation itself, in all of its desired quality?[1]
NATURE OF THE PETITION
2. This is a petition for the issuance of a Writ of Kalikasan, filed with this Honorable Court pursuant to Rule 7 of A.M. No. 09-6-8-SC, otherwise known as the Rules of Procedure for Environmental Cases, concerning as it is the violation of the constitutional rights of the residents of the Cities of Pasay and Makati to a balanced and healthful ecology.
PARTIES
3. Petitioners are residents and inhabitants of Barangay 183-Villamor, Zone 20, Pasay City andMagallanes Village, Makati City, all of legal age, Filipinos, with capacity to sue, and residents of the following addresses, respectively:
Name
Address
GEMMA C. DELA CRUZ
40 Mata St. cor. Manlunas Extension, Barangay Villamor, Pasay City
FIDEL E. AMOYO
P 36-08 9th cor. 2nd Sts., Barangay Villamor, Pasay City
VIOLETA M. CRUZ
Barangay Villamor, Pasay City
ZENAIDA C. MANGUNDAYAO
F11 4th 21st St., Villamor Air Base,Pasay City
ANDRES M. COMIA
P36-10 9th St., Villamor Air Base,Pasay City
MARJORIE N. PABLO
B85 L9, 12-27th St., Villamor Air Base,Pasay City
MARIA TERESITA R. CANON
P-11-24 3rd St., Villamor Air Base,Pasay City
JOEL JULIUS A. MARASIGAN
U203 EAM Apratments 6th St., Villamor Air Base, Pasay City
GINALYN V. CACALDA
P57-05 17th St., Villamor Air Base,Pasay City
BABY LYNN E. TAGUPA
F1 4th St., Barangay Villamor, PasayCity
LYDIA B. RAYOS
P18-03 7th-12th St., AM’s Village, Barangay Villamor, Pasay City
JESUS R. PUENTE
P35-09 9th St., Airmen’s Village, Barangay Villamor, Pasay City
JACINTO R. RICAPLAZA
Block 72 Lot 25, 17th St., Villamor Air Base, Pasay City
ARMANDO P. PADILLA
18 Sta. Rosa St., Magallanes Village,Makati City
FLORENTINO L. MARTINEZ
20 Magdalena Circle, MagallanesVillage, Makati City
MARIE AMELITA R. MICIANO
23 Humabon St., Magallanes Village,Makati City
LYDIA R. MICIANO
23 Humabon St., Magallanes Village,Makati City
MA. LOURDES U. LACSON
29 Humabon St., Magallanes Village,Makati City
JUAN CARLOS C. GAON
AA 428 Galeria de Magallanes,Magallanes Village, Makati City
MA. BLEZIE C. GAON
AA 428 Galeria de Magallanes,Magallanes Village, Makati City
AUREA G. PARAS
16 Encarnacion St., MagallanesVillage, Makati City
REMEDIOS Z. MORENO
14 Socorro St., Magallanes Village,Makati City
MARIA JUANA N. CARRION
AB 105 Galeria de Magallanes,Magallanes Village, Makati City
ALICIA K. KATIGBAK
35 Limasawa St., Magallanes Village,Makati City
JEDEDIA M. TUMALE
38 Trinidad St., Magallanes Village,Makati City
VICENTA M. MORALES
43 Magdalena St., MagallanesVillage, Makati City
REYNALDO G. MARQUEZ
B102 Galeria de Magallanes,Magallanes Village, Makati City
MARIA LUISA V. GORDON
60 San Gregorio St., MagallanesVillage, Makati City
NOEMI M. GOMEZ
22 Humabon St., Magallanes Village,Makati City
MARIA CHRISTINA D. RIVERA
18 Homonhon St., MagallanesVillage, Makati City
CATHERINE D. ROMERO-SALAS
4 San Pablo St., Magallanes Village,Makati City
MERCEDITA O. BELGADO
30 Magdalena St., MagallanesVillage, Makati City
REV. FR. EDWIN E. MERCADO
St. Alphonsus Mary de Ligouri Church, Humabon St., MagallanesVillage, Makati City
MA. CONCEPCION M. YABUT,
Magallanes Village, Makati City
REYNALDO Z. SANTAYANA,
20 Limasawa St., Magallanes Village,Makati City
ANGELO D. SULIT
37 Homonhon St., MagallanesVillage, Makati City
ALFREDO A. GLORIA, JR.
24 Mactan St., Magallanes Village,Makati City
MICHAEL L. DE JESUS
Asia Pacific College, Humabon St.,Magallanes Village, Makati City
JUSTIN MARC CHIPECO
36 Magdalena St., MagallanesVillage, Makati City
KAREN HAZEL GANZON
36 Magdalena St., MagallanesVillage, Makati City
JIMMY FAMARANCO
Magallanes Village, Makati City
Petitioners may be served with the orders, resolutions, notices and processes of this Honorable Court through their counsel of record, Atty. H. Harry L. Roque, Jr., at Roque and Butuyan Law Offices, 1904 Antel Corporate Centre, 121 Valero Street, Salcedo Village, 1227 Makati City, Philippines.
4. Respondent MANILA ELECTRIC COMPANY (MERALCO) is a domestic corporation created and organized pursuant to the laws of the Republic of the Philippines with principal office address atMERALCO Building, Ortigas Avenue, Pasig City, where it may be served with summons and other processes of this Honorable Court.
5. Respondent BARANGAY CHAIRMAN CESAR S. TOLEDANES is the Barangay Chairman of Bgy. 183, Zone 20, Villamor, Pasay City where he may be served with summons and other processes of the Honorable Court.
6. Respondent BARANGAY COUNCIL OF BARANGAY 183, ZONE 20, VILLAMOR, PASAYCITY, composed of:
a. Respondent RUTH M. CORTEZ, of legal age, Filipino;
b. Respondent RICARDO R. DIMAANO, of legal age, Filipino;
c. Respondent LEONARDO A. ABAD, of legal age, Filipino;
d. Respondent NORMITA CASTILLO, of legal age, Filipino; and
e. Respondent AMANTE C. CACACHO, of legal age, Filipino,
are holding office at the Barangay Hall of Barangay 183 located at Barangay 183, Zone 20, Villamor, PasayCity, where they may be served with summons and other processes of this Honorable Court.
7. Respondent MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA) is a government agency created and organized pursuant to the laws of the Republic of the Philippines, vested with the power to administer and operate the Ninoy Aquino International Airport III (NAIA 3), and with principal office address at MIAA Administration Building, NAIA Complex Pasay City, where it may be served with summons and other processes of the Honorable Court.
STATEMENT OF FACTS
8. Barangay 183 Zone 20, Villamor, Pasay City (hereinafter referred to as “Barangay 183”, for brevity) used to be part of the Villamor Air Base. It was thereafter converted into a private residential land pursuant to Republic Act No. 7227, otherwise known as “An Act Accelerating the Conversion of Military Reservations Into Other Productive Uses, Creating the Bases Conversion And Development Authority For This Purpose, Providing Funds Therefor And For Other Purposes”. As such, the said parcel of land was subdivided and afterwards sold and awarded to its inhabitants, including herein Petitioners.
9. Magallanes Village (hereinafter referred to as “Magallanes Village”, for brevity) is a residential area located in Makati City adjacent to Barangay 183.
10. The Petitioners are existing residents and inhabitants of Barangay 183 and Magallanes Village. Some of them have likewise established their respective businesses and livelihood therein.
11. On 13 July 2009, without the prior authority from and approval by Respondent Barangay Council of Barangay 183, Zone 20, Villamor Air Base, Pasay City (hereinafter referred to as “Respondent Barangay Council”) and without the prior consultation with the constituents of the barangay, Respondent Barangay Chairman Cesar S. Toledanes (hereinafter referred to as “Respondent Toledanes”) issued a Barangay Working Permit Clearance “for the installation of 115 KV sub-transmission lines and poles at the10th and 12th Streets of Barangay 183.”[2]
12. Belatedly, however, on 02 September 2009, Respondent Barangay Council, composed of Respondents Cesar Toledanes, Ruth Cortez, Ricardo Dimaano, Leonardo Abad, Normita Castillo and Amante C. Cacho, passed Barangay Resolution No. 40-S-2009, authorizing Respondent Toledanes to issue a Barangay Permit authorizing respondent MERALCO to install high voltage power lines and poles at the 10thand 27th Streets of Barangay 183.[3] Similar to the Working Permit Clearance issued, Barangay Resolution No. 40-S-2009 was issued without a prior consultation with the constituents of the barangay.
13. Also, despite the close proximity of the installation of the high tension wires and poles to the nearby Magallanes Village in Makati City, the residents and inhabitants of the same were not notified or consulted with respect to such plans.
14. Thus, sometime in August 2010, Respondent MERALCO began erecting towering posts along the 10th, 12th and 27th streets of Barangay 183 and lining the perimeter wall between Barangay 183 andMagallanes Village.[4] The thirty (30) foot-high poles will hold the transmission lines that will supply more or less one hundred fifteen (115) Kilovolts (KV) of electricity to the Ninoy Aquino International Airport III (NAIA 3).
15. Petitioners were not informed that Respondent MERALCO was going to erect such posts in Barangay 183 either by Respondent MERALCO, Respondent MIAA, who administers and operates the Ninoy Aquino International Airport III (NAIA 3), and Respondents Toledanes, Ruth Cortez, Ricardo Dimaano, Leonardo Abad, Normita Castillo and Amante C. Cacacho, who are the barangay officials of Barangay 183. As such, Petitioners were surprised to find out Respondent MERALCO had already begun erecting the said posts without their knowledge and without public discussion.
16. The high tension transmission lines shall traverse the entire 10th and 12th streets of Bgy. 183, and shall pass along the concrete wall separating Barangay 183 of Pasay City and Magallanes Village of Makati City.
17. On 18 October 2010, Petitioner Gemma dela Cruz, on behalf of the other Petitioners, sent a letter to Respondents Toledanes, Cortez, Dimaano, Abad, Castillo and Cacacho, appealing for the recall of the Barangay Working Permit and Resolution No. 40-S-2009 earlier issued by them.[5] This, however, proved futile.
18. The alarming presence of the towering posts being erected in close proximity to–that is, as near as one (1) meter from–the respective properties of Petitioners-Residents of Bgy. 183 and less than ten (10) meters from the respective properties of Petitioners-Residents of Magallanes Village, and the hazardous effects of the high tension wires to their health and safety, bring Petitioners to seek the intervention of this Honorable Court.
19. Due to the urgency of the situation, as the installation and energizing of the high tension wires will be completed by December 2010, there is a need to protect the Petitioners from the hazardous and ill effects of the same.
GROUNDS FOR THE ALLOWANCE OF THE PETITION
- I -
THE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE LIVES, HEALTH AND PROPERTY OF THE RESIDENTS OF BARANGAY 183, PASAY CITY AND MAGALLANES VILLAGE, MAKATI CITY, INCLUDING HEREIN PETITIONERS;
- II -
THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE INSTALLATION OF SAID HIGH TENSION WIRES WILL AFFECT THE RESIDENTS OF BARANGAY 183, PASAY CITY ANDMAGALLANES VILLAGE, MAKATI CITY;
- III -
THE INSTALLATION OF THE SAID HIGH TENSION WIRES VIOLATES PETITIONER’S CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY AS WELL AS ESTABLISHED ENVIRONMENTAL LAWS, RULES AND REGULATIONS.
- IV -
THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND RESOLUTION NO. 40-S-2009 WAS TAINTED WITH IRREGULARITIES
- V -
THERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT MERALCO’S POWER TRANSMISSION PROJECT
DISCUSSION
I- THE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE LIVES, HEALTH AND PROPERTY OF THE RESIDENTS OF BARANGAY 183, PASAY CITY AND MAGALLANESVILLAGE, MAKATI CITY, INCLUDING HEREIN PETITIONERS
================================
20. Scientific studies and research have revealed that there are health risks involved in prolonged exposure to electromagnetic field or radiation. The risks include cancer, leukemia in children, Alzheimer’s disease, depression, miscarriages, headaches, memory loss and insomnia, to name a few.[6]
21. Alasdair and Jean Philips, in their book, The Powerwatch Handbook, published in 2006, noted that there are links between disease – such as leukaemia – and electromagnetic fields (EMFs) and cites several instances of such, thus:
“In Abergavenny, in Wales, 4 neighbors living near powerlines developed brain tumours over a period of 18 months.
In the 8 houses closest to powerlines in Kilmarnock, Scotland, 9 people have died of cancer over the last 15 years.
In Dalmally, also in Scotland, in a small estate of 36 houses under a 275,000-volt powerline, 8 people died of cancer in 5 years, and 3 of motor neurone disease (MND).
A street in Exeter, Devon, where a 132,000-volt electricity pylon looms outside the homes of some of the residents has been dubbed ‘Death Road.’ In 28 houses, 23 people havedied from heart disease or cancer. In fact, the number of cancer deaths on the road is five times higher than the norm for Devon and Cornwall. Residents also complain of depression, headaches and memory loss.
x x x x x x x x x
In 1989, the Studholme family bought a bungalow in Great Manchester. An electricity meter in a cupboard in the hallway emitted a strong electromagnetic field through the wall into the front bedroom. Their son Simon slept with his head less than a yard from this meter. He started to complain of pains, but the doctors found nothing wrong. Within 18 months he had developed acute lymphatic leukaemia. He died in 1992 at the age of 13. Subsequent tests revealed that Simon had been sleeping in an electromagnetic field over 2.5 microtesla (a measurement of electromagnetic field strength), more than sixty times the average exposure level in UK homes. x x x”[7]
22. Moreover, there are also a good number of evidence that electromagnetic fields play a role not only in the development of brain and breast cancers but also of Alzheimer’s disease, depression and suicide, ALS or the Lou Gehrig’s disease which is a form of motor-neurone disease, incidents of miscarriages, and the development of the condition, known variously as electrosensitivity or electromagnetic hypersensitivity.[8]
23. Another concern that should be raised is the inevitable devaluation of the properties exposed to these high powered transmission lines. Because of their close proximity to the properties of Petitioners, the high voltage transmission lines would certainly restrict the height of the buildings, houses and structures that could be built on Petitioners’ properties. The presence itself of these gigantic steel posts, with huge cables strung to them, towering over Petitioners’ properties would surely scare away prospective buyers in case Petitioners decide to sell their properties. Undoubtedly, these circumstances mean a diminution of the value of their properties and loss of possible income and business opportunities.
24. Also, these high tension transmission lines shall transmit one hundred fifteen (115) Kilovolts of electricity to NAIA 3. However, the actual voltage may turn out to be higher considering the thirty (30) Megavolt (or 30,000 Kilovolt) requirement for the full operation of the NAIA 3. This increased electric currents passing through these high tension transmission lines would concomitantly result in the increased risk that the Petitioners and the other inhabitants of Barangay 183 and Magallanes Village are faced with.
25. Granting that the voltage that would be transmitted by these powerlines is only equivalent to 115KV, still the required distance for the electromagnetic field level to be within safe limits is around eighty seven (87) meters away.[9] In the instant case, the high tension transmission lines being erected by Respondent MERALCO are being constructed within a distance of less than one (1) meter from the houses and properties of the Petitioners-residents of Barangay 183 and less than ten (10) meters from the houses and properties of Petitioners-residents of Magallanes Village. Worse, there are two rows of these MERALCO posts holding the high tension wires and they are installed within close distance from each other, flanking residential houses, which will unfortunately absorb the concentrated EMFs that will be emitted by the transmission lines from both sides.
26. Sadly, if this kind of power transmission project is not immediately aborted, Barangay 183 and Magallanes Village, will one day have their own versions of the so-called “death roads” with their inhabitants as the “guinea pigs in this great electro-magnetic experiment.”[10]
27. The health risks linked to exposure to electromagnetic fields were raised by the residents ofDasmariñas Village, Makati as their battlecry in seeking an injunctive relief against the Power Transmission Project of the National Power Corporation (NAPOCOR) within the said Village in the case of Eduardo F. Hernandez, et al. v. National Power Corporation.[11]
28. In the aforementioned case, NAPOCOR’s 230 Kilovolt Sucat-Araneta-Balintawak Power Transmission Project was supposed to pass through the Sergio Osmeña, Sr. Highway (South Superhighway), the perimeter of Fort Bonifacio, and Dasmariñas Village proximate to Tamarind Road, where the Dasmariñas villagers’ homes are. Recognizing the health and safety risks posed by the high voltage transmission lines, the Supreme Court enjoined the NAPOCOR from further preparing and installing high voltage cables to the steel pylons erected near the villager’s homes and from energizing and transmitting high voltage electric current through said cables.
29. Living up to its reputation as the ultimate guardian and defender of the rights of the people, the Supreme Court, in all its wisdom and good judgment, declared:
“In the present case, the far-reaching irreversible effects to human safety should be the primordial concern over presumed economic benefits per se as alleged by the NAPOCOR.”[12] (emphasis, supplied)
30. In another case, the Supreme Court even observed that construction of residential structures in areas where there are high tension transmission lines, was declared to be unsafe and prohibited. Said the Supreme Court –
“It is not safely habitable. It is built in a subdivision area where there is an existing 30-meter right of way of the Manila Electric Company (Meralco) with high-tension wires over the property, posing a danger to life and property. The construction of houses underneath the high tension wires is prohibited as hazardous to life and property because the line carries 115,000 volts of electricity, generates tremendous static electricity and produces electric sparks whenever it rained.[13] (Emphasis supplied.)
31. If because of the danger and hazard that high tension transmission lines pose, construction of residential houses is prohibited in areas where said transmission lines exist, then why allow the same hazardous transmission lines to be installed in established residential areas? Clearly, for health and safety reasons, high-voltage transmission lines and residential areas should never co-exist in the same place. By logical inference, high voltage transmission lines, which are hazardous to life and property, should be prohibited and should never be allowed in residential areas, especially in densely populated ones like the herein residences of Petitioners.
32. These health hazards linked to exposure to EMFs are not the only matters which cause alarm to the Petitioners.
33. Some of the posts which will carry the tremendous amount of electricity have not been erected properly. Thus, some of the posts are tilting in an apparently unstable position.[14] Thus, not only are the lives, health and property of the residents of Barangay 183 and Magallanes Village at risk of EMF radiation but also run the risk of being physically tumbled upon should these unstable and tilting posts give way.
34. Moreover, most if not all of the said posts erected by Respondent MERALCO encroach into the drainage canals of Barangay 183.[15] In case of heavy rains and typhoons, dangers of flooding will have to be expected in Barangay 183 which will certainly affect adjacent areas, including Magallanes Village. As a matter of fact, some areas of Barangay 183 which do not usually experience flooding caused by moderate rainfall are now experiencing slight inundation in their area.
35. By way of example, attached herewith as Annex “E” to E-1”, are photographs of the effects of Typhoon Ondoy in Barangay 183.
II- THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE INSTALLATION OF SAID HIGH TENSION WIRES WILL AFFECT THE RESIDENTS OF BARANGAY 183, PASAY CITY ANDMAGALLANES VILLAGE, MAKATI CITY
================================
36. Considering the high voltage that will run through the subject high tension wires, the environmental damage is expected to have adverse effects to the inhabitants of two (2) cities, Barangay 183 of Pasay City and Magallanes Village of Makati City. The construction of these posts by Respondent MERALCO transcends the boundaries of Barangay 183 in Pasay City and extends to Magallanes Village of Makati City. Presently, a 115KV a couple of electricity pylons have already been constructed very near the wall separating the two cities.[16] The distance separating these posts and the residential area of MagallanesVillage is only about four (4) to five (5) meters, which undoubtedly does not comply with the safe-distance requirement of at least 87 meters.
III- THE INSTALLATION OF SAID HIGH TENSION WIRES VIOLATES PETITIONER’S CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY AS WELL AS ESTABLISHED ENVIRONMENTAL LAWS, RULES AND REGULATIONS
================================
37. As shown hereinabove, the implementation of Respondent MERALCO’s project violates Petitioners’ right to health as enshrined in Section 15, Article II of the 1987 Constitution, viz.:
ARTICLE II
Declaration of Principles and State Policies
“Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.” (Emphasis supplied.)
38. In the same manner, Presidential Decree No. 856, otherwise known as the Code of Sanitation of the Philippines, categorically prohibits the installation of high tension transmission lines in residential areas. Its Implementing Rules, issued on 16 April 1998, in fact, provides in no uncertain terms that –
“7.3 Electric and Electronic Industries
7.3.1 High-tension transmission lines shall never pass overhead or underground ofresidential areas.” (emphasis, added)
39. P.D. No. 856 is cited in the recent Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC), promulgated on 29 April 2010, as one of the bases for filing cases involving enforcement or violations of environmental and other related laws, rules and regulations. On the basis of the above-quoted implementing rules of P.D. No. 856 alone, it follows that the implementiation of Respondent MERALCO’s high power transmission project in Barangay 183, a residential area, is illegal and should never be allowed.
40. Also, the fact that these MERALCO posts obstruct the drainage system of Barangay 183, is a clear violation of Commonwealth Act No. 548 otherwise known as the Regulation and Control of the Use of and Traffic on National Roads and Constructions, which effectively provides that –
“SECTION 2. It shall be unlawful for any person to convert any part of any national road to his private use or in any manner to obstruct or damage the same or any bridge, culvert, drainage ditch, road sign, or other appurtenance pertaining thereto.” (Emphasis supplied.)
41. Finally, as mentioned above, the distances alone at which these high tension transmission lines and posts are being constructed alongside the properties and homes of Petitioners and the inhabitants of Barangay 183 and Magallanes Village, do not pass the standards required therefor. Thus, the high tension transmission lines being erected by Respondent MERALCO are being constructed within a distance of less than one (1) meter from the houses and properties of the residents of said barangay contrary to the required distance for the electromagnetic field level to be within safe limits, which is around eighty seven (87) meters.
IV- THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND RESOLUTION NO. 40-S-2009 WAS TAINTED WITH IRREGULARITIES
===========================
42. Section 27 of the Local Government Code[17] was also breached when Respondent MERALCO and Respondent MIAA failed to comply with the requirements of prior consultation with the residents of Barangay 183 and Magallanes Village as regards the implementation of its project. As held in the similar case of Hernadez, et. al. vs. NAPOCOR (supra.) –
“To boot, petitioners, moreover, harp on respondent’s failure to conduct prior consultation with them, as the community affected by the project, in stark violation of Section 27 of the Local Government Code which provides: “no project or program shall be implemented by government authorities unless the consultations mentioned are complied with, and prior approval of the Sanggunian concerned is observed.
x x x x x x x x x
Moreover, the Local Government Code, requires conference with the affected communities of a government project. NAPOCOR, palpably, made a shortcut to this requirement. In fact, there appears a lack of exhaustive feasibility studies on NAPOCOR’s part before making a go with the project on hand; otherwise, it should have anticipated the legal labyrinth it is now caught in.”
43. In the same vein, the Barangay Working Permit Clearance issued by Respondent Toledanes to Respondent MERALCO obviously suffers from patent irregularities.
44. First, the Barangay Working Permit Clearance was issued without the authority of the Respondent Barangay Council. The Respondent Barangay Council only approved Barangay Resolution No. 40-S-2009 on 02 September 2009 while the Barangay Working Permit was issued on 13 July 2009.
45. Second, the Working Permit issued by Respondent Toledanes allowed the installation of the high voltage wires power lines and poles at the 10th and 12th Streets of Barangay 183, while the Resolution of the Respondent Barangay Council only authorized the construction of power lines along 10th and 27thStreets, excluding 12th St.
46. Indubitably, Respondent Toledanes, in a series of meetings requested by Petitioners, admitted that he and the Respondent Barangay Council did not conduct any consultation with the affected constituents before they issued the subject permit. Thus, the Barangay Working Permit which actually gave life to the power transmission project of MERALCO should be struck down as illegal, issued in grave abuse of discretion and in excess of or without authority on the part of Respondent Toledanes.
V- THERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT MERALCO’S POWER TRANSMISSION PROJECT.
================================
47. Respondent MERALCO may very well install the subject transmission lines along Sales Street, Villamor Air Base, Pasay City, where there are no residential houses or buildings and which provides a shorter distance from Respondent MERALCO’s source of electricity as compared to the circuitous route along the 10th and 12th Streets of Barangay 183.
48. Thus, it makes no sense that the said high tension transmission lines are being erected in an inhabited and populous area, endangering the lives of the people therein, when it may be erected in an alternative location, which would result in a negligible effect on the Petitioners and the inhabitants of Barangay 183 and Magallanes Village.
ALLEGATIONS IN SUPPORT OF THE APPLICATION FOR A TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
49. For reference, Petitioners replead all the foregoing allegations in support of their prayer for a Temporary Environmental Protection Order (TEPO);
50. The foregoing allegations undoubtedly demonstrate Petitioners’ clear and unmistakable right to a healthful ecology and to be protected against any unlawful acts involving environmental damage that tend to endanger their life, health and property;
51. Respondents MERALCO and MIAA are poised to continue with and complete the installation of the high tension wires along the entire stretch of 10th, 12th and 27th of Barangay 183 the soonest time possible as in fact Respondent MERALCO has been working almost twenty-four (24) hours within the said areas of Barangay 183 to hasten the completion of the acts complained of;
52. The acts complained of, aside from being unconstitutional, illegal and contrary to established environmental rules and regulations, are clearly in violation of the foregoing rights of the Petitioners;
53. The matter is thus of extreme urgency that, unless immediately restrained, will inevitably cause damage to the environment, the inhabitants of Magallanes Village of Makati City and of Barangay 183, Zone 20, Villamor of Pasay City, including the herein Petitioners who will all suffer grave injustice and irreparable injury;
54. If not curtailed, the continuous commission by the Respondents of the acts complained of might also render the final judgment granting the reliefs sought in the instant petition ineffectual.
55. An Affidavit of Merit in support of Petitioners’ application for the issuance of a Temporary Environmental Protection Order is hereto attached as Annex “F”.
EPILOGUE
56. Progress is desirable. The operation of the NAIA represents economic advancement. It promises convenience to international travelers. A way to attract foreign investors and bring more income for the government. The purpose is admirable, but to attain it at all costs, even at the expense of lives and well-being of people, for whom the desired economic development is intended in the first place, is unacceptable if not immoral. For then, the way of accomplishing it altogether defeats its purpose. Economic gain has never been more important than a person’s right to life and well-being.
PRAYER
WHEREFORE, it is respectfully prayed of the Honorable Court that:
1. Immediately upon the filing of this petition, a Temporary Environmental Protection Order (TEPO) and or a Writ of Kalikasan be issued, ordering Respondents and any person acting on their behalf, to cease and desist from conducting excavation works, installing poles and transmission lines along the entire stretch of 10th, 12th and 27th Streets of Barangay 183, Zone 20, Villamor, Pasay City and from energizing and transmitting high voltage electric current through the said powerlines.
2. After a summary hearing, issue a Resolution, extending the effectivity of the TEPO until the termination of this case; and
3. After due proceedings, a Decision be rendered–
(a) Making the TEPO and/or Writ of Kalikasan permanent, directing Respondents and any person acting on their behalf, to cease and desist from conducting excavation works, installing poles and transmission lines along the entire stretch of 10th, 12th and 27th Streets of Barangay 183, Zone 20, Villamor, Pasay City and from energizing and transmitting high voltage electric current through the said powerlines;
(b) Nullifying the Barangay Working Permit Clearance dated 13 July 2009 issued by Barangay 183 Respondent Chairman Cesar S. Toledanes in favor of Respondent MERALCO, for being unconstitutional, illegal and for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction or authority;
(c) Nullifying Resolution No. 40, S-2009 date 2 September 2009 issued by the Barangay Council of Barangay 183, authorizing its Respondent Barangay Chairman Cesar S. Toledanes, to issue a clearance/permit to Respondent MERALCO to construct/install the high tension transmission lines that will traverse the entire stretch of 10th and 27th Streets, for being unconstitutional, illegal and for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction or authority; and
(d) Directing the Respondents MIAA and MERALCO to remove or cause the removal of the installed MERALCO posts and transmission lines along 10th, 12th and 27th Streets of Barangay 183, Zone 20, Villamor, Pasay City, at the expense of said Respondents.
Petitioners pray for such other reliefs as are just and equitable under the premises.
Makati City for the City of Manila, 11 November 2010.
ROQUE AND BUTUYAN LAW OFFICES
Counsel for Petitioners
Unit 1904 Antel 2000 Corporate Centre
121 Valero Street, Salcedo Village
Makati City 1227
mail@roquebutuyan.com
Tel. No. 02 887 4445/887 3894
Fax No. 02 887 3893
By:
H. HARRY L ROQUE, JR.
Roll No. 36976
PTR No. 2115877, 01.13.10, Makati City
IBP No. 499912, Makati City, Lifetime Member
MCLE Exemption No. III-001000, 04.26.10
DEXTER DONNE B. DIZON
Roll No. 54013
PTR No. 2115880, 01.13.10, Makati City
IBP No. 811903, 01.12.10, Laguna
MCLE Compliance No. III-0013474, 04.21.10
Copy furnished:
MANILA ELECTRIC COMPANY (MERALCO)
MERALCO Building
Ortigas Avenue, Pasig City
BARANGAY CHAIRMAN CESAR S. TOLEDANES
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
BARANGAY COUNCIL OF BARANGAY 183
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
RUTH M. CORTEZ
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
RICARDO R. DIMAANO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
LEONARDO A. ABAD
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
NORMITA CASTILLO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
AMANTE C. CACACHO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA)
MIAA Administration Building
NAIA Complex Pasay City
EXPLANATION ON SERVICE BY REGISTERED MAIL
Due to distance, time constraints and lack of messengerial services, this Petition for Writ of Kalikasan is being served on the Respondents by registered mail.
DEXTER DONNE B. DIZON
[1] Eduardo F. Hernandez, et al. v. National Power Corporation, G.R. No. 145328, March 23 2006.
[2] A copy of the said Working Permit Clearance dated 13 July 2009 is hereto attached as Annex “A”.
[3] A copy of the said Resolution dated 02 September 2009 is hereto attached as Annex “B”.
[4] Attached herewith as Annex “C” to “C-24” are copies of the photographs of the electricity pylons already erected and currently being erected by Respondent MERALCO in Barangay 183.
[5] A copy of the letter is hereto attached as Annex “D”.
[6] Asmus, Richard, http://www.ehow.com/about_5506934_health-power-lines-near-houses.html, rerieved 11 November 2010.
[7] Alasdair and Philips, Jean, The Powerwatch Handbook, 2006, pp. 3-5, 248.
[8] Id., pp. 28-29, 248 citing the following references, California Report, a 560-page report. An Evaluation of the Possible Risks from Electric and Magnetic Fields (EMFs) From Power Lines, Internal Wiring, Electrical Occupations and Appliances, 2002; Lee, G.M. et. al., A nested case-control study of residential and personal magnetic field measures and miscarriages, Epideomology Jan, 13(1):21-31, 2002; Perry, F.S., Environmental power-frequency magnetic fields and suicide, Health Physics, 41:267-277, 1981; Perry, F.S., Power Frequency magnetic field: depressive illness and myocardial infraction, Public Health, 103:177-180, 1989; Savitz, D.A., Prevalence of depression among electrical workers, American Journal of Industrial Medicine, 25:165-176, 1994.
[9] Alasdair and Philips, Jean, The Powerwatch Handbook, supra., p. 43. The ratio of the recommended distance over the voltage of the powerlines having been computed at 0.76.
[10] Alasdair and Philips, Jean, The Powerwatch Handbook, supra., p. 2.
[11] G.R. No. 145328. March 23, 2006.
[12] Supra.
[13] Jumalon vs. Court of Appeals, G.R. No. 127767, 30 January 2002, citing the case of Cebu Shipyard and Engineering Works, Inc. vs. William Lines, Inc. (366 Phil. 439, 452 [1999]).
[14] Annex “C-8”.
[15] Annexes “C-9” to “C-14”.
[16] Annexes “C-17” to “C-22”.
[17] SEC. 27. Prior Consultations Required.- No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.

Contact:
Roque & Butuyan Law Offices
1904 Antel Corporate Center
121 Valero Street, Salcedo Village
1227 Makati City, Philippines
‘ +632.8873894 7 +632.8873893 begin_of_the_skype_highlighting              +632.8873893      end_of_the_skype_highlighting
: mail@roquebutuyan.com
www.roquebutuyan.com
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I am not just a Water Boy

By Ian Fiedalan

"Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country's forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations. Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology." 

-Philippine Supreme Court in Oposa v. Factoran

I came to know about Haribon Foundation years ago from a friend in law school. She was telling me of her possible joining with the team. And on my way home from WGNRR office, I would pass by Anson’s building at Anonas to LRT station bound for Manila. Haribon is at the second floor Anson's building.

Out of curiosity, I would visit their website and read useful articles concerning their advocacy— the preservation and protection of the environment. To them, living in harmony with nature is about protecting the wildlife as well.

Joining the Million Hectare Challenge started out when I read on Facebook page that they were looking for volunteers. The volunteers will be deployed as marshals, water boys or girls, booth and parking attendants. Volunteers were distinguished as important to the success of the Million Hectare Challenge (HMC) funrun.

Without any hesitation, I wrote an email, contacted them, and became HMC volunteer. Water boy..

I was inspired to participate in HMC for I thought that through this I could share something for good cause. The objectives of the event are clear to me. It is more than running; it is giving back to the nature the sustenance and protection from us human. Out of the proceeds, the organization will use the fund for tree planting in critical areas where deforestation has been a constant problem.

It was Sunday, I woke up early. From Caloocan, I traveled south to Taguig. The event was held at Mckinley Hill. The day was perfect. Temperature was neither hot nor cold. At around 5:00, I, Chard, and Ms. Jhe-el of the Haribon were already filling up water cups. Ours were the first water station runners will cross at south loop. And while refilling waters, we would encourage runners and smiled back at them.

Like Forest Gump in the film, participants ran on their respective course, the 3k, 5k, and 10k, with great aspirations towards one cause, saving our forest lands. Participants were from different class like government employees, students, advocates, tv personalities, kids, families running in groups. They would smile and gave thanks to us. Thank yous were overwhelming. It was as if we have done something huge to be appreciated.

The event was made memorable because we had an informal talk with Ms. Jhe-el of the Haribon. In between refilling waters, she would talk about the cause. We have understood the perennial problems of deforestation, extinction of unique species of animal found in the Philippines, and what the organization are doing to arrest such threat to the environment. In a short period, I had already armed myself with knowledge in ecological issues, present social problems, among others.

I would love to discuss all the details Ms. Jhe-el has said to us. But for the meantime, I understand that being a newbie in this cause, I would need substantial understanding about the current social issues.

I lavish the idea of helping Haribon in my own little way. And who knows after months or so, I will be writing again but this time with detailed account on the issues affecting the environment. As student of laws, I have been tracking updates relating to environmental laws; in domestic planes, especially reforms on judicial processes; and in international trends on crossboundary conflicts and principles of international laws. 

Ms. Jhe-el has told us, “we are doing this for the younger generation…”.  I thanked her for taking stand to care for us. This cause is for human survival as part of the entire unit of the ecosystem. We should be responsible to our environment; for in nature where we get our foods, our shelter, and to which we depend entirely our living.

Overall, being a water boy for one day is not only about the story of Adam Sandler in one film telling an inspiring story. Serving the team as water boy, Sandler had been tapped as great player after one accidentally discovered his potential.

But the experience I have learned from participating in HMC is not about finding my potential. It is finding the direction to win a cause.

We could not wait for another person to emerge as our coach and lead us in discovering our potentials. We should take the lead. It is our game. 

That day, I left Mckinley head-up: I am not just a water boy..
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Thursday, November 11, 2010

The Climate Change Act

It is our utmost gratitude to lawmakers who have woven such a timely law, the Climate Change Act of 2009, that we are publishing the entire provisions.


[REPUBLIC A CT N O . 9729]

AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Climate Change Act of 2009”.

SEC . 2. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government.

SEC . 3. Definition of Terms. – For purposes of this Act, the following shall have the corresponding meanings:

(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof.

(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings.

(d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity.

(e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events.

(f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems.

(g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources.

(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events.

(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels.

(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere.

(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth.

(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making.

(n) “Mitigation” in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting substances and their substitutes.

(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced).

(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global warming through expansion of sea water as the oceans warm and melting of ice over land and local factors such as land subsidence.

(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity.

SEC . 4. Creation of the Climate Change Commission. – There is hereby established a Climate Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall be attached to the Office of the President.

The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the effectivity of this Act.

SEC . 5. Composition of the Commission. – The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission.

The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Energy;

(c) Secretary of the Department of Environment and Natural Resources;

(d) Secretary of the Department of Education;

(e) Secretary of the Department of Foreign Affairs;

(f) Secretary of the Department of Health;

(g) Secretary of the Department of the Interior and Local Government;

(h) Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster Coordinating Council;

(i) Secretary of the Department of Public Works and Highways;

(j) Secretary of the Department of Science and Technology;

(k) Secretary of the Department of Social Welfare and Development;

(l) Secretary of the Department of Trade and Industry;

(m) Secretary of the Department of Transportation and Communications;

(n) Director-General of the National Economic and Development Authority, in his capacity as Chair of the Philippine Council for Sustainable Development;

(o) Director-General of the National Security Council;

(p) Chairperson of the National Commission on the Role of Filipino Women;

(q) President of the League of Provinces;

(r) President of the League of Cities;

(s) President of the League of Municipalities;

(t) President of the Liga ng mga Barangay;

(u) Representative from the academe;

(v) Representative from the business sector; and

(w) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster risk reduction community.

The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an Undersecretary.

SEC . 6. Meetings of the Commission. – The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act.

SEC . 7. Qualifications, Tenure, Compensation of Commissioners. – The Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and

integrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf.

The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting capacity.

The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications.

SEC . 8. Climate Change Office. – There is hereby created a Climate Change Office that shall assist the Commission. It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive Director of the Office. The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of this Act, subject to civil service laws, rules and regulations. The officers and employees of the Commission shall be appointed by the Executive Director.

S EC . 9. Powers and Functions of the Commission. – The Commission shall have the following powers and functions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of national government agencies;

(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities on climate change;

(d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change;

(e) Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities;

(f) Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals;

(g) Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;

(h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation;

(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;

(j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters;

(k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring;

(m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities;

(n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas;

(o) Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas; and

(p) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures.

S EC . 10. Panel of Technical Experts. – The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction.

The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change.

The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel.

SEC . 11. Framework Strategy and Program on Climate Change. – The Commission shall, within six (6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in accordance with the international agreements.

The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

SEC . 12. Components of the Framework Strategy and Program on Climate Change. – The Framework shall include, but not limited to, the following components:

(a) National priorities;

(b) Impact, vulnerability and adaptation assessments;

(c) Policy formulation;

(d) Compliance with international commitments;

(e) Research and development;

(f) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.

SEC . 13. National Climate Change Action Plan . – The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter.

The National Climate Change Action Plan shall include, but not limited to, the following components:

(a) Assessment of the national impact of climate change;

(b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes;

(c) The identification of differential impacts of climate change on men, women and children;

(d) The assessment and management of risk and vulnerability;

(e) The identification of GHG mitigation potentials; and

(f) The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments.

SEC . 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan.

Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities.

LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans.

The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.

It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.

SEC . 15. Role of Government Agencies. – To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions:

(a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials, basic climate change principles and concepts;

(b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on women and children, especially in the rural areas, since they are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network, including on climate change risks, activities and investments, in collaboration with other concerned national government agencies, institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures; and

(f) Government financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change- related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor.

The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs.

SEC . 16. Coordination with Various Sectors. – In the development and implementation of the National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.

SEC . 17. Authority to Receive Donations and/or Grants. – The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission.

The proceeds shall be used to finance:

(a) Research, development, demonstration and promotion of technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct of information campaign; and

(d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may be defined by the Commission.

SEC. 18. Funding Allocation for Climate Change. – All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change.

SEC . 19. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act. The Oversight Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a Representative to be designated by the Senate President and the Speaker of the House of Representatives, respectively. Its funding requirement shall be charged against the appropriations of Congress.

SEC . 20. Annual Report. – The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year.

SEC . 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the President’s contingent fund.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act.

SEC . 22. Implementing Rules and Regulations. – Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of this Act: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.

SEC . 23. Transitory Provisions. – Upon the organization of the Commission, the Presidential Task Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be abolished: Provided, That their powers and functions shall be absorbed by the Commission: Provided, further, That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly appointed pursuant to the provisions of this Act. All qualified regular or permanent employees who may be transferred to the Commission shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws.

SEC. 24. Separability Clause. – If for any reason any section or provision of this Act is declared as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

SEC . 25. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC . 26. Effectivity. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
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